FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sales Tax Holiday Act of 2008''. SEC. 2. STATE AND LOCAL SALES TAX RELIEF FOR CONSUMERS. (a) In General.--The Secretary shall reimburse each State for 60 percent of the amount of State and local sales tax payable and not collected during the sales tax holiday period. (b) Determination and Timing of Reimbursement.-- (1) Predetermined amount.--Not later than May 1, 2008, the Secretary shall pay to each State an amount equal to the sum of-- (A)(i) 60 percent of the amount of State and local sales tax payable and collected in such State during the same period in 2007 as the sales tax holiday period, times (ii) an acceleration factor equal to 1.73, plus (B) an amount equal to 1 percent of the amount determined under subparagraph (A) for State administrative costs. (2) Reconciliation amount.--Not later than July 1, 2008, the Secretary shall pay to each electing State under subsection (c)(2) an amount equal to the excess (if any) of-- (A) 60 percent of the amount of State and local sales tax payable and not collected in such State during the sales tax holiday period, over (B) the amount determined under paragraph (1)(A) and paid to such State. (c) Requirement for Reimbursement.--The Secretary may not pay a reimbursement under this section unless-- (1) the chief executive officer of the State informs the Secretary, not later than March 1, 2008, of the intention of the State to qualify for such reimbursement by not collecting sales tax payable during the sales tax holiday period, (2) in the case of a State which elects to receive the reimbursement of a reconciliation amount under subsection (b)(2)-- (A) the chief executive officer of the State informs the Secretary and the Director of Management and Budget and the retail sellers of tangible property in such State, not later than March 1, 2008, of the intention of the State to make such an election, (B) the chief executive officer of the State informs the retail sellers of tangible property in such State, not later than March 1, 2008, of the intention of the State to make such an election and the additional information (if any) that will be required as an addendum to the standard reports required of such retail sellers with respect to the reporting periods including the sales tax holiday period, (C) the chief executive officer reports to the Secretary and the Director of Management and Budget, not later than June 1, 2008, the amount determined under subsection (b)(2) in a manner specified by the Secretary, (D) if amount determined under subsection (b)(1)(A) and paid to such State exceeds the amount determined under subsection (b)(2)(A), the chief executive officer agrees to remit to the Secretary such excess not later than July 1, 2008, and (E) the chief executive officer of the State certifies that such State-- (i) in the case of any retail seller unable to identify and report sales which would otherwise be taxable during the sales tax holiday period, shall treat the reporting by such seller of sales revenue during such period, multiplied by the ratio of taxable sales to total sales for the same period in 2008 as the sales tax holiday period, as a good faith effort to comply with the requirements under subparagraph (B), and (ii) shall not treat any such retail seller of tangible property who has made such a good faith effort liable for any error made as a result of such effort to comply unless it is shown that the retailer acted recklessly or fraudulently, (3) in the case of any home rule State, the chief executive officer of such State certifies that all local governments that impose sales taxes in such State agree to provide a sales tax holiday during the sales tax holiday period, (4) the chief executive officer of the State agrees to pay each local government's share of the reimbursement (as determined under subsection (d)) not later than 20 days after receipt of such reimbursement, and (5) in the case of not more than 20 percent of the States which elect to receive the reimbursement of a reconciliation amount under subsection (b)(2), the Director of Management and Budget certifies the amount of the reimbursement required under subsection (b)(2) based on the reports by the chief executive officers of such States under paragraph (2)(C). (d) Determination of Reimbursement of Local Sales Taxes.--For purposes of subsection (c)(4), a local government's share of the reimbursement to a State under this section shall be based on the ratio of the local sales tax to the State sales tax for such State for the same time period taken into account in determining such reimbursement, based on data published by the Bureau of the Census. (e) Definitions.--For purposes of this section-- (1) Home rule state.--The term ``home rule State'' means a State that does not control imposition and administration of local taxes. (2) Local.--The term ``local'' means a city, county, or other subordinate revenue or taxing authority within a State. (3) Sales tax.--The term ``sales tax'' means-- (A) a tax imposed on or measured by general retail sales of taxable tangible property, or services performed incidental to the sale of taxable tangible property, that is-- (i) calculated as a percentage of the price, gross receipts, or gross proceeds, and (ii) can or is required to be directly collected by retail sellers from purchasers of such property, (B) a use tax, or (C) the Illinois Retailers' Occupation Tax, as defined under the law of the State of Illinois, but excludes any tax payable with respect to food and beverages sold for immediate consumption on the premises, beverages containing alcohol, and tobacco products. (4) Sales tax holiday period.--The term ``sales tax holiday period'' means the period beginning after April 3, 2008, and ending before April 14, 2008. (5) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (6) State.--The term ``State'' means any of the several States, the District of Columbia, or the Commonwealth of Puerto Rico. (7) Use tax.--The term ``use tax'' means a tax imposed on the storage, use, or other consumption of tangible property that is not subject to sales tax.

Sales Tax Holiday Act of 2008 - Directs the Secretary of the Treasury to reimburse each state that elects to partipicapte in a sales tax holiday period (beginning after April 3, 2008, and ending before April 14, 2008) for 60% of the amount of state and local sales tax payable and not collected during such period.

A bill to provide Federal reimbursement to State and local governments for a limited sales, use, and retailers' occupation tax holiday.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Election Protection & Integrity Certification Act'' or the ``EPIC Act''. SEC. 2. CERTIFICATION THAT FOREIGN FUNDS WILL NOT BE USED TO MAKE ANY CONTRIBUTION OR EXPENDITURE IN CONNECTION WITH ANY ELECTION IN THE UNITED STATES. (a) Application for Exemption.--Section 501 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(s) Certification.--In the case of an organization described in subsection (c) for which an application is required for exemption from tax under subsection (a), such application shall not be treated as complete unless the application contains a certification that the organization will not, directly or indirectly-- ``(1) use foreign funds to make-- ``(A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with any Federal, State or local election, ``(B) a contribution or donation to a committee of a political party, or ``(C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(f)(3))), or ``(2) solicit, accept or receive a contribution or donation described in paragraph (1) (A) or (B) from a foreign national.''. (b) Certification by (c)(4) Organizations.-- (1) In general.--Section 506(a) of such Code is amended by inserting before the period at the end the following: ``and shall include with such notification the certification described in subsection (g)''. (2) Certification.--Section 506 of such Code is amended by adding at the end the following: ``(g) Certification.--The certification described in this subsection with respect to an organization is a certification that the organization will not, directly or indirectly-- ``(1) use foreign funds to make-- ``(A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with any Federal, State or local election, ``(B) a contribution or donation to a committee of a political party, or ``(C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(f)(3))), or ``(2) solicit, accept or receive a contribution or donation described in paragraph (1) (A) or (B) from a foreign national.''. (c) Annual Reporting.--Section 6033 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following: ``(n) Certification.--The annual return required by subsection (a) for an organization described in section 501(c) and exempt from tax under section 501(a) shall not be treated as complete unless the return contains a certification that the organization did not, directly or indirectly-- ``(1) use foreign funds to make-- ``(A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election in the year, ``(B) a contribution or donation to a committee of a political party, or ``(C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(f)(3))), or ``(2) solicit, accept or receive a contribution or donation described in paragraph (1) (A) or (B) from a foreign national.''. (d) GAO Study.--The Comptroller General of the United States shall-- (1) conduct a study of the political activities of corporations to determine whether foreign money is being used in United States elections, and (2) not later than July 1, 2019, submit a report of such study to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate. (e) Effective Date.-- (1) The amendment made by subsection (a) shall apply to applications filed after the date of the enactment of this Act. (2) The amendment made by subsection (b) shall apply to returns filed for taxable years beginning after the date of the enactment of this Act. SEC. 3. INCLUDING CERTIFICATIONS IN REPORTS FILED UNDER FEDERAL ELECTION CAMPAIGN ACT OF 1971 BY ORGANIZATIONS MAKING DISBURSEMENTS FOR INDEPENDENT EXPENDITURES OR ELECTIONEERING COMMUNICATIONS. (a) Independent Expenditures.--Section 304(c)(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(c)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(D) in the case of an independent expenditure made by an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code (or has submitted an application for determination of tax exempt status under such section), a certification that the organization did not use foreign funds to make the expenditure.''. (b) Electioneering Communications.--Section 304(f)(2) of such Act (52 U.S.C. 30104(f)(2)) is amended by adding at the end the following new subparagraph: ``(G) If the person making the disbursement is an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code (or has submitted an application for determination of tax exempt status under such section), a certification that the person did not use foreign funds to make the disbursement.''. (c) Effective Date.--The amendments made by this section shall apply with respect to reports required to be filed under the Federal Election Campaign Act of 1971 on or after the date of the enactment of this Act.

Election Protection & Integrity Certification Act or the EPIC Act This bill amends the Internal Revenue Code to require an organization applying for tax-exempt status to certify that it will not: (1) use foreign funds to make certain expenditures in connection with an election, a political party, or an electioneering communication; or (2) solicit, accept, or receive a contribution or donation from a foreign national for an election or a political party. A tax-exempt organization must certify in its annual tax return that it has not violated the requirements described above. The Government Accountability Office must study the political activities of corporations to determine whether foreign money is being used in U.S elections. The bill amends the Federal Election Campaign Act of 1971 to require tax-exempt organizations filing certain reports regarding disbursements for independent expenditures or electioneering communications to certify that foreign funds were not used for the disbursements.

Election Protection & Integrity Certification Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Colon Cancer Screening and Prevention Act''. SEC. 2. MEDICARE COVERAGE OF COLORECTAL SCREENING. (a) In General.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by inserting after subsection (c) the following new subsection: ``(d) Frequency and Payment Limits for Screening Fecal-Occult Blood Tests, Screening Flexible Sigmoidoscopies, and Screening Colonoscopy.-- ``(1) Screening fecal-occult blood tests.-- ``(A) Payment limit.--In establishing fee schedules under section 1833(h) with respect to screening fecal- occult blood tests provided for the purpose of early detection of colon cancer, except as provided by the Secretary under paragraph (3)(A), the payment amount established for tests performed-- ``(i) in 1996 shall not exceed $5; and ``(ii) in a subsequent year, shall not exceed the limit on the payment amount established under this subsection for such tests for the preceding year, adjusted by the applicable adjustment under section 1833(h) for tests performed in such year. ``(B) Frequency limit.--Subject to revision by the Secretary under paragraph (3)(B), no payment may be made under this part for a screening fecal-occult blood test provided to an individual for the purpose of early detection of colon cancer-- ``(i) if the individual is under 50 years of age; or ``(ii) if the test is performed within the 11 months after a previous screening fecal- occult blood test. ``(2) Screening flexible sigmoid- oscopies.-- ``(A) Payment amount.--The Secretary shall establish a payment amount under section 1848 with respect to screening flexible sigmoidoscopies provided for the purpose of early detection of colon cancer that is consistent with payment amounts under such section for similar or related services, except that such payment amount shall be established without regard to subsection (a)(2)(A) of such section. ``(B) Frequency limit.--Subject to revision by the Secretary under paragraph (4)(B), no payment may be made under this part for a screening flexible sigmoidoscopy provided to an individual for the purpose of early detection of colon cancer-- ``(i) if the individual is under 50 years of age; or ``(ii) if the procedure is performed within the 47 months after a previous screening flexible sigmoidoscopy. ``(3) Screening colonoscopy for individuals at high risk for colorectal cancer.-- ``(A) Payment amount.--The Secretary shall establish a payment amount under section 1848 with respect to screening colonoscopy for individuals at high risk for colorectal cancer (as defined in subparagraph (C)) provided for the purpose of early detection of colon cancer that is consistent with payment amounts under such section for similar or related services, except that such payment amount shall be established without regard to subsection (a)(2)(A) of such section. ``(B) Frequency limit.--Subject to revision by the Secretary under paragraph (4)(B), no payment may be made under this part for a screening colonoscopy for individuals at high risk for colorectal cancer provided to an individual for the purpose of early detection of colon cancer if the procedure is performed within the 23 months after a previous screening colonoscopy. ``(C) Individual at high risk defined.--In this subsection, an `individual at high risk for colorectal cancer' is an individual who, because of family history, prior experience of cancer or precursor neoplastic polyps, a history of chronic digestive disease condition (including inflammatory bowel disease, Crohn's Disease, or ulcerative colitis), the presence of any appropriate recognized gene markers for colorectal cancer, or other predisposing factors, faces a high risk for colorectal cancer. ``(4) Reductions in payment limit and revision of frequency.-- ``(A) Reductions in payment limit.--The Secretary shall review from time to time the appropriateness of the amount of the payment limit established for screening fecal-occult blood tests under paragraph (1)(A). The Secretary may, with respect to tests performed in a year after 1998, reduce the amount of such limit as it applies nationally or in any area to the amount that the Secretary estimates is required to assure that such tests of an appropriate quality are readily and conveniently available during the year. ``(B) Revision of frequency.-- ``(i) Review.--The Secretary shall review periodically the appropriate frequency for performing screening fecal-occult blood tests, screening flexible sigmoidoscopies, and screening colonoscopy based on age and such other factors as the Secretary believes to be pertinent. ``(ii) Revision of frequency.--The Secretary, taking into consideration the review made under clause (i), may revise from time to time the frequency with which such tests and procedures may be paid for under this subsection, but no such revision shall apply to tests or procedures performed before January 1, 1999. ``(5) Limiting charges of nonparticipating physicians.-- ``(A) In general.--In the case of a screening flexible sigmoidoscopy provided to an individual for the purpose of early detection of colon cancer or a screening colonoscopy provided to an individual at high risk for colorectal cancer for the purpose of early detection of colon cancer for which payment may be made under this part, if a nonparticipating physician provides the procedure to an individual enrolled under this part, the physician may not charge the individual more than the limiting charge (as defined in section 1848(g)(2)). ``(B) Enforcement.--If a physician or supplier knowing and willfully imposes a charge in violation of subparagraph (A), the Secretary may apply sanctions against such physician or supplier in accordance with section 1842(j)(2).''. (b) Conforming Amendments.--(1) Paragraphs (1)(D) and (2)(D) of section 1833(a) of such Act (42 U.S.C. 1395l(a)) are each amended by striking ``subsection (h)(1),'' and inserting ``subsection (h)(1) or section 1834(d)(1),''. (2) Section 1833(h)(1)(A) of such Act (42 U.S.C. 1395l(h)(1)(A)) is amended by striking ``The Secretary'' and inserting ``Subject to paragraphs (1) and (3)(A) of section 1834(d), the Secretary''. (3) Clauses (i) and (ii) of section 1848(a)(2)(A) of such Act (42 U.S.C. 1395w-4(a)(2)(A)) are each amended by striking ``a service'' and inserting ``a service (other than a screening flexible sigmoidoscopy provided to an individual for the purpose of early detection of colon cancer or a screening colonoscopy provided to an individual at high risk for colorectal cancer for the purpose of early detection of colon cancer)''. (4) Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (E), by striking ``and'' at the end, (ii) in subparagraph (F), by striking the semicolon at the end and inserting ``, and'', and (iii) by adding at the end the following new subparagraph: ``(G) in the case of screening fecal-occult blood tests, screening flexible sigmoidoscopies, and screening colonoscopy provided for the purpose of early detection of colon cancer, which are performed more frequently than is covered under section 1834(d);''; and (B) in paragraph (7), by striking ``paragraph (1)(B) or under paragraph (1)(F)'' and inserting ``subparagraphs (B), (F), or (G) of paragraph (1)''. SEC. 3. EFFECTIVE DATE. The amendments made by section 2 shall apply to screening fecal- occult blood tests, screening flexible sigmoidoscopies, and screening colonoscopy performed on or after January 1, 1996.

Colon Cancer Screening and Prevention Act - Amends title XVIII (Medicare) of the Social Security Act to prescribe frequency and payment limits under Medicare part B for screening fecal-occult blood tests, flexible sigmoidoscopies, and colonoscopy.

Colon Cancer Screening and Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northeastern Nevada Public Lands Transfer Act''. SEC. 2. AIR FORCE LAND CONVEYANCE, WENDOVER AIR FORCE BASE AUXILIARY FIELD, NEVADA. (a) Conveyance.-- (1) In general.--Not later than 180 days after the date of enactment of this Act and subject to subsection (c), the Secretary of the Air Force shall convey, without consideration, to the City of West Wendover, Nevada (in this section referred to as the ``City''), all right, title, and interest of the United States in and to the property described in paragraph (2), for purposes of permitting the City to develop the parcels for economic and public purposes. (2) Property description.--The property described in this paragraph is the land consisting of approximately 15,093 acres of land, including any improvements, located within the Wendover Air Force Base Auxiliary Field, described as follows: Township 32 North, Range 69 East; Township 32 North, Range 70 East; and Township 33 North, Range 70 East; Mount Diablo Base and Meridian, being more particularly described as: All of Section 24 less the United States Alternate Route 93 right-of- way and those portions of sections 12 and 13 east of the east right-of-way line of United States Alternate Route 93 in Township 32 North, Range 69 East; all of sections 3, 4, 5, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, and the portions of sections 6 and 7 east of the east right-of-way line of United States Alternate Route 93 in Township 32 North, Range 70 East; all of sections 22, 27, 28, 32, 33, 34, and the portions of sections 16, 20, 21, 29, 30, and 31 east of the east right-of- way line of United States Alternate Route 93 and the portion of section 15 east of the east right-of-way line of U.S. Alternate Route 93 and south of the south right-of-way line of the Union Pacific Railroad Company right-of-way in Township 33 North, Range 70 East, not including the land comprising the Lower Jim's Mobile Home Park, Scobie Mobile Home Park, Ventura Mobile Home Park, Airport Way, Scobie Drive, or Opal Drive. (b) Exception From Screening Requirement.--The Secretary shall make the conveyance under subsection (a) without regard to the requirement under section 2696 of title 10, United States Code, that the property be screened for further Federal use in accordance with the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). (c) Hazardous Materials.-- (1) Survey.--Not later than 180 days after the date of enactment of this Act, the Secretary shall complete hazardous material surveys with respect to the property to be conveyed under subsection (a) in order to identify any needed corrective actions that are required with respect to such property. (2) Corrective actions.--The Secretary shall take any corrective actions that are identified by the surveys under paragraph (1) as soon as practicable after the surveys. (3) Postponement of conveyance.--The Secretary may not carry out the conveyance of any property under subsection (a) that is identified under paragraph (1) as requiring corrective actions until the Secretary completes the corrective actions. (d) Description of Property.--The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey mutually satisfactory to the Secretary and the City. The cost of the survey shall be borne by the City. (e) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. (f) Withdrawal.--The public land described in subsection (a) is withdrawn from the operation of the mining and mineral leasing laws of the United States. SEC. 3. TRANSFER OF CERTAIN PUBLIC LANDS TO THE CITY OF CARLIN, THE CITY OF WELLS, AND THE TOWN OF JACKPOT, NEVADA. (a) Conveyance.--The Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall convey without consideration, all right, title, and interest of the United States, subject to all valid existing rights, in and to the property described in subsection (b). (b) Description of Property.-- (1) City of carlin, nevada.--The Secretary shall convey to the City of Carlin, Nevada, in accordance with subsection (a) the property consisting of approximately 60 acres located in the SW\1/4\SW\1/4\ and the E\1/2\SE\1/4\SW\1/4\ of section 22, Township 33 North, Range 52 East, Mount Diablo meridian. (2) City of wells, nevada.--The Secretary shall convey to the City of Wells, Nevada, in accordance with subsection (a) the property consisting of approximately 4,767 acres located in the E\1/2\SE\1/4\ of section 1, the W\1/2\ of section 2, the E\1/2\ and the NW\1/4\ of section 3, S\1/2\NW\1/4\ of section 4, section 6, the NW\1/4\, the SW\1/4\, and a portion of the SE\1/4\ of section 11, the N\1/2\ of section 12, section 14, the N\1/2\NW\1/4\ of section 16, section 18, the W\1/2\ of section 20, and section 23, all of Township 37 North, Range 62 East, Mount Diablo meridian. (3) Town of jackpot, nevada.--The Secretary shall convey to the Town of Jackpot, Nevada, the property, consisting of approximately 532 acres located in a portion of the NE\1/ 4\NW\1/4\ and the NW\1/4\NE\1/4\ of section 6, the W\1/2\NW\1/ 4\, the NW\1/4\SW\1/4\, and the SW\1/4\SW\1/4\ of section 7, and the NW\1/4\NW\1/4\ of section 18, all of Township 47 North, Range 65 East, Mount Diablo meridian and portions of section 1, portions of section 12, and the NE\1/4\NE\1/4\ of section 13, Township 47 North, Range 64 East, Mount Diablo meridian. (4) Surveys.-- (A) In general.--The Secretary may require such surveys as the Secretary considers necessary to determine the exact acreage and legal description of the property to be conveyed under this section. (B) Cost.--The cost of the surveys shall be borne by the City of Carlin, the City of Wells, and the Town of Jackpot, Nevada. (c) Additional Terms and Conditions.--In carrying out this section, the Secretary may require such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States. (d) Withdrawal.--The public land described in subsection (b) is withdrawn from the operation of the mining and mineral leasing laws of the United States.

Northeastern Nevada Public Lands Transfer Act - Requires the Secretary of the Air Force to convey specified lands within the Wendover Air Force Base Auxiliary Field to the City of West Wendover, Nevada, for development for economic and public purposes. Directs the Secretary to: (1) make such conveyance without regard to a requirement that property be screened for further Federal use; and (2) complete hazardous material surveys and take any required corrective actions before such conveyance may be carried out. Requires the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to convey specified lands to the City of Carlin, the City of Wells, and the Town of Jackpot, Nevada. Withdraws such lands from operation of U.S. mining and mineral leasing laws.

Northeastern Nevada Public Lands Transfer Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``School Anti-Violence Empowerment Act''. TITLE I--SCHOOL SAFETY PROGRAMS SEC. 101. PROGRAM AUTHORIZED. The Secretary of Education is authorized to provide grants to local educational agencies to establish or enhance crisis intervention programs, including the hiring of school counselors and to enhance school safety programs for students, staff, and school facilities. SEC. 102. GRANT AWARDS. (a) Local Awards.--The Secretary shall award grants to local educational agencies on a competitive basis. (b) Grant Programs.--From the amounts appropriated under section 106, the Secretary shall reserve-- (1) 50 percent of such amount to award grants to local educational agencies to hire school counselors; and (2) 50 percent of such amount to award grants to local educational agencies to enhance school safety programs for students, staff, and school facilities. (c) Priority.--Such awards shall be based on one or more of the following factors: (1) Quality of existing or proposed violence prevention program. (2) Greatest need for crisis intervention counseling services. (3) Documented financial need based on number of students served under part A of title I of the Elementary and Secondary Education Act of 1965. (d) Equitable Distribution.--In awarding grants under this title, the Secretary shall ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas. (e) Administrative Costs.--The Secretary may reserve not more than 1 percent from amounts appropriated under section 106 for administrative costs. (f) Eligibility.--A local educational agency that meets the requirements of this title shall be eligible to receive a grant to hire school counselors and a grant to enhance school safety programs for students, staff, and school facilities. SEC. 103. APPLICATIONS. (a) In General.--Each local educational agency desiring a grant under this title shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Contents.--Such application shall include a plan that contains the following: (1) In the case of a local educational agency applying for a grant to enhance school safety programs-- (A) a description of any existing violence prevention, safety, and crisis intervention programs; (B) proposed changes to any such programs and a description of any new programs; and (C) documentation regarding financial need. (2) In the case of a local educational agency applying for a grant to hire school counselors-- (A) a description of the need for a crisis intervention counseling program; and (B) documentation regarding financial need. SEC. 104. REPORTING. Each local educational agency that receives a grant under this title shall provide an annual report to the Secretary. In the case of a local educational agency that receives a grant to enhance school safety programs, such report shall describe how such agency used funds provided under this title and include a description of new school safety measures and changes implemented to existing violence prevention, safety, and crisis intervention programs. In the case of a local educational agency that receives a grant to hire school counselors, such report shall describe how such agency used funds provided under this title and include the number of school counselors hired with such funds. SEC. 105. DEFINITIONS. For purposes of this title: (1) The terms ``elementary school'', ``local educational agency'', and ``secondary school'' have the same meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) The term ``school counselor'' means an individual who has documented competence in counseling children and adolescents in a school setting and who-- (A) possesses State licensure or certification granted by an independent professional regulatory authority; (B) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or (C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. (3) The term ``Secretary'' means the Secretary of Education. (4) the term ``school safety'' means the safety of students, faculty, and school facilities from acts of violence. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $800,000,000 for each of fiscal years 2002 through 2006. TITLE II--INCREASED COPS FUNDING SEC. 201. INCREASED FUNDING FOR THE COPS PROGRAM. Section 1001(a)(11) of part J of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amended by adding at the end the following: ``(C) In addition to amounts made available under subparagraph (A), there are authorized to be appropriated to carry out part Q, to remain available until expended, the total amount of $1,500,000,000 for fiscal years 2002 through 2006, of which 50 percent shall be used for cooperative partnerships between schools and State and local police departments to provide for the use of police officers in schools.''. SEC. 202. GRANT AUTHORITY. Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended-- (1) in subsection (i), by striking the second sentence; and (2) by striking subsection (k). TITLE III--21ST CENTURY LEARNING SEC. 301. AFTER-SCHOOL AND LIFE SKILLS PROGRAMS FOR AT-RISK YOUTH. Section 10907 of part I of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8247) is amended by striking ``appropriated'' and all that follows before the period and inserting the following: ``appropriated to carry out this part-- ``(1) such sums as may be necessary for fiscal year 2001; and ``(2) $950,000,000 for each of fiscal years 2002 through 2006''. TITLE IV--MODEL PROGRAM AND CLEARINGHOUSE SEC. 401. MODEL PROGRAM. Not later than 120 days after the date of the enactment of this Act, the Secretary of Education, in consultation with the Attorney General, shall develop a model violence prevention program to be made available to local educational agencies. SEC. 402. CLEARINGHOUSE. The Secretary of Education shall establish and maintain a national clearinghouse to provide technical assistance regarding the establishment and operation of alternative violence prevention programs. The national clearinghouse shall make information regarding alternative violence prevention programs available to local educational agencies.

School Anti-Violence Empowerment Act - Authorizes the Secretary of Education to award competitive grants to local educational agencies (LEAs) for: (1) crisis intervention programs, including school counselors; and (2) school safety programs for students, staff, and school facilities.Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend through FY 2006 the authorization of appropriations for certain grant programs for Community Policing and "Cops on the Beat" (COPS program). Eliminates provisions for decreasing Federal matching funds and for terminating grant program authority (thus making the authority permanent).Amends the Elementary and Secondary Education Act of 1965 to extend the authorization of appropriations for after-school and life skills programs for at-risk youth.Directs the Secretary to: (1) develop a model violence prevention program for LEAs; and (2) establish and maintain a national clearinghouse to provide LEAs with information on alternative violence prevention programs, and technical assistance to establish and operate them.

To develop programs that enhance school safety for our children.

SECTION 1. OFFICE OF ASSISTANT SECRETARY FOR INDIAN HEALTH. (a) Establishment.--There is established within the Department of Health and Human Services the Office of the Assistant Secretary for Indian Health in order to, in a manner consistent with the government- to-government relationship between the United States and Indian tribes-- (1) facilitate advocacy for the development of appropriate Indian health policy; and (2) promote consultation on matters related to Indian health. (b) Assistant Secretary for Indian Health.--In addition to the functions performed on the date of enactment of this Act by the Director of the Indian Health Service, the Assistant Secretary for Indian Health shall perform such functions as the Secretary of Health and Human Services may designate. The Assistant Secretary for Indian Health shall-- (1) report directly to the Secretary concerning all policy- and budget-related matters affecting Indian health; (2) collaborate with the Assistant Secretary for Health concerning appropriate matters of Indian health that affect the agencies of the Public Health Service; (3) advise each Assistant Secretary of the Department of Health and Human Services concerning matters of Indian health with respect to which that Assistant Secretary has authority and responsibility; (4) advise the heads of other agencies and programs of the Department of Health and Human Services concerning matters of Indian health with respect to which those heads have authority and responsibility; and (5) coordinate the activities of the Department of Health and Human Services concerning matters of Indian health. (c) References.--Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to the Director of the Indian Health Service shall be deemed to refer to the Assistant Secretary for Indian Health. (d) Rate of Pay.-- (1) Positions at level iv.--Section 5315 of title 5, United States Code, is amended by striking the following: ``Assistant Secretaries of Health and Human Services (6).'' and inserting ``Assistant Secretaries of Health and Human Services (7).''. (2) Positions at level v.--Section 5316 of such title is amended by striking the following: ``Director, Indian Health Service, Department of Health and Human Services.''. (e) Duties of Assistant Secretary for Indian Health.--Section 601 of the Indian Health Care Improvement Act (25 U.S.C. 1661) is amended in subsection (a)-- (1) by inserting ``(1)'' after ``(a)''; (2) in the second sentence of paragraph (1), as so designated, by striking ``a Director,'' and inserting ``the Assistant Secretary for Indian Health,''; and (3) by striking the third sentence of paragraph (1), as so designated, and all that follows through the end of the subsection (a) of such section and inserting the following: ``The Assistant Secretary for Indian Health shall carry out the duties specified in paragraph (2). ``(2) The Assistant Secretary for Indian Health shall-- ``(A) report directly to the Secretary concerning all policy- and budget-related matters affecting Indian health; ``(B) collaborate with the Assistant Secretary for Health concerning appropriate matters of Indian health that affect the agencies of the Public Health Service; ``(C) advise each Assistant Secretary of the Department of Health and Human Services concerning matters of Indian health with respect to which that Assistant Secretary has authority and responsibility; ``(D) advise the heads of other agencies and programs of the Department of Health and Human Services concerning matters of Indian health with respect to which those heads have authority and responsibility; and ``(E) coordinate the activities of the Department of Health and Human Services concerning matters of Indian health.''. (f) Continued Service by Incumbent.--The individual serving in the position of Director of the Indian Health Service on the date preceding the date of enactment of this Act may serve as Assistant Secretary for Indian Health, at the pleasure of the President after the date of enactment of this Act. (g) Conforming Amendments.-- (1) Amendments to indian health care improvement act.--The Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.) is amended-- (A) in section 601-- (i) in subsection (c), by striking ``Director of the Indian Health Service'' both places it appears and inserting ``Assistant Secretary for Indian Health''; and (ii) in subsection (d), by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''; and (B) in section 816(c)(1), by striking ``Director of the Indian Health Service'' and inserting ``Assistant Secretary for Indian Health''. (2) Amendments to other provisions of law.--The following provisions are each amended by striking ``Director of the Indian Health Service'' each place it appears and inserting ``Assistant Secretary for Indian Health'': (A) Section 203(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 761b(a)(1)). (B) Subsections (b) and (e) of section 518 of the Federal Water Pollution Control Act (33 U.S.C. 1377 (b) and (e)). (C) Section 803B(d)(1) of the Native American Programs Act of 1974 (42 U.S.C. 2991b-2(d)(1)).

Establishes within the Department of Health and Human Services (HHS) the Office of the Assistant Secretary for Indian Health to: (1) facilitate advocacy for the development of appropriate Indian health policy; and (2) promote consultation on matters related to Indian health. Requires such Assistant Secretary to perform the functions currently performed by the Director of the Indian Health Service, as well as certain additional HHS advisory and coordinating services in Indian health matters.

To elevate the position of Director of the Indian Health Service within the Department of Health and Human Services to Assistant Secretary for Indian Health, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Cats Conservation Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) Many wild populations of felids, once considered common are in decline, and many have declined to the point that their long-term survival in the wild is in serious jeopardy. (2) Of the 37 wild felid species worldwide, all are currently recognized as species in need of protection under the IUCN Red List, the lists of species in CITES appendices, or the Endangered Species Act of 1973. (3) In addition to their intrinsic value, felids are important aesthetic, economic, and ecological global resources that need to be conserved. (4) Large felids are considered indicator species. Healthy populations of these species act as an important indicator of the integrity of entire ecosystems. Measures taken to benefit these keystone species will ultimately benefit a great number of other species. (5) Endangered felids face an array of threats, including loss of habitat, intentional and unintentional takings by humans, disease transmission, and a vast number of other threats. These threats need to be addressed in a coordinated fashion. (6) Conservation of endangered felid populations requires global commitment. Adequate funding for conservation is sorely lacking, and many range countries do not have adequate infrastructure to protect these species. (7) Although some protections exist to conserve endangered felid populations and their habitat, those efforts can be significantly enhanced by the infusion of targeted funding. SEC. 3. PURPOSES. The purposes of this Act are to provide financial resources and to foster international cooperation-- (1) to restore and perpetuate healthy populations of great cats in the wild; and (2) to assist in the conservation of great cat populations worldwide. SEC. 4. DEFINITIONS. In this Act: (1) CITES.--The term ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including its appendices. (2) Conservation.--The term ``conservation''-- (A) means the methods and procedures necessary to bring a species of great cats to the point at which there are sufficient populations in the wild to ensure the long-term viability of the species; and (B) includes all activities associated with protection and management of a great cat population, including-- (i) maintenance, management, protection, and restoration of great cat habitat; (ii) research and monitoring; (iii) law enforcement; (iv) community outreach and education; (v) conflict resolution initiatives; and (vi) strengthening the capacity of local communities, governmental agencies, nongovernmental organizations and other institutions to implement conservation programs. (3) Fund.--The term ``Fund'' means the Great Cats Conservation Fund established by section 6. (4) Great cat.--The term ``great cat'' means any lion, leopard, jaguar, snow leopard, clouded leopard, cheetah, or Spanish lynx. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. GREAT CATS CONSERVATION ASSISTANCE. (a) In General.--Subject to the availability of funds and in consultation with other appropriate Federal officials, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of great cats for which project proposals are approved by the Secretary in accordance with this section. (b) Project Proposals.-- (1) Eligible applicants.--A proposal for a project for the conservation of great cats may be submitted to the Secretary by-- (A) any wildlife management authority of a country that has within its boundaries any part of the range of a great cat species; and (B) any person or group with the demonstrated expertise required for the conservation in the wild of great cats. (2) Project proposals.--To be considered for financial assistance for a project under this Act, an applicant shall submit a project proposal that includes-- (A) a concise statement of the purposes of the project; (B) the name of the individual responsible for conducting the project; (C) a description of the qualifications of the individuals who will conduct the project; (D) a concise description of-- (i) methods for project implementation and outcome assessment; (ii) staffing for the project; (iii) the logistics of the project; and (iv) community involvement in the project; (E) an estimate of funds and time required to complete the project; (F) evidence of support for the project by appropriate governmental entities of the countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; (G) information regarding the source and amount of matching funding available for the project; and (H) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project Review and Approval.-- (1) In general.--The Secretary shall-- (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to the appropriate Federal officials; and (B) review each project proposal in a timely manner to determine if the proposal meets the criteria specified in subsection (d). (2) Consultation; approval or disapproval.--Not later than 180 days after receiving a project proposal, and subject to the availability of funds, the Secretary, after consulting with other appropriate Federal officials, shall-- (A) ensure the proposal contains assurances that the project will be implemented in consultation with relevant wildlife management authorities and other appropriate government officials with jurisdiction over the resources addressed by the project; (B) approve or disapprove the proposal; and (C) provide written notification of the approval or disapproval to the person who submitted the proposal, other appropriate Federal officials, and each country within whose borders the project will take place. (d) Criteria for Approval.--The Secretary may approve a project proposal under this section if the project will contribute to conservation of great cats in the wild by assisting efforts to-- (1) implement conservation programs; (2) address the conflicts between humans and great cats that arise from competition for the same habitat; (3) enhance compliance with CITES and other applicable laws that prohibit or regulate the taking or trade of great cats or regulate the use and management of great cat habitat; (4) develop sound scientific information on, or methods for monitoring-- (A) the condition and health of great cat habitat; and (B) great cat population numbers and trends; or (5) promote cooperative projects among government entities, affected local communities, nongovernmental organizations, and other persons in the private sector. (e) Project Sustainability.--In approving project proposals under this section, the Secretary shall give preference to conservation projects that are designed to ensure effective, long-term conservation of great cats and their habitats. (f) Matching Funds.--In determining whether to approve project proposals under this section, the Secretary shall give preference to projects for which matching funds are available. (g) Project Reporting.-- (1) In general.--Each person that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary considers necessary) that include all information that the Secretary, after consultation with other appropriate government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public.--Reports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this Act, shall be made available to the public. (h) Advisory Group.-- (1) In general.--To assist in carrying out this Act, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of great cats. (2) Public participation.-- (A) Meetings.--The advisory group shall-- (i) ensure that each meeting of the advisory group is open to the public; and (ii) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda. (B) Notice.--The Secretary shall provide to the public timely notice of each meeting of the advisory group, including the meeting agenda. (C) Minutes.--Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. (3) Exemption from federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group. SEC. 6. GREAT CATS CONSERVATION FUND. (a) Establishment.--There is established, in the Multinational Species Conservation Fund established in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 under the heading ``MULTINATIONAL SPECIES CONSERVATION FUND'', a separate account to be known as the ``Great Cats Conservation Fund'', consisting of-- (1) amounts transferred to the Secretary of the Treasury for deposit into such account under subsection (e); (2) amounts appropriated to such account under section 7; and (3) any interest earned on investment of amounts in the account under subsection (c). (b) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), upon request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to provide assistance under section 5. (2) Administrative expenses.--Of the amounts in the Fund available for each fiscal year, the Secretary may expend not more than three percent, or up to $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act. (c) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to fund.--The interest on, and the proceeds from the sale or redemption of any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Acceptance and Use of Donations.--The Secretary may accept and use donations to provide assistance under section 5. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2008 through 2012.

Great Cats Conservation Act of 2007 - Defines "great cat" to mean any lion, leopard, jaguar, snow leopard, clouded leopard, cheetah, or Spanish lynx. Establishes the Great Cats Conservation Fund as a separate account in the Multinational Species Conservation Fund. Directs the Secretary of the Interior to use amounts in such Fund to provide assistance for projects for the conservation of great cats. Authorizes the Secretary to convene an advisory group of individuals representing public and private organizations actively involved in the conservation of great cats.

To assist in the conservation of great cats by supporting and providing financial resources for the conservation programs of nations within the range of great cats and projects of persons with demonstrated expertise in the conservation of great cats.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern New Jersey Veterans Comprehensive Health Care Act''. SEC. 2. FINDINGS; DEFINITION. (a) Findings.--Congress finds the following: (1) The current and future health care needs of veterans residing in the eight southern counties of New Jersey are not being fully met by the Department of Veterans Affairs. (2) Travel times for southern New Jersey veterans to existing Department of Veterans Affairs health care facilities in Pennsylvania and Delaware fall within the Department of Veterans Affairs health planning criteria, but those criteria fail to recognize that the area is largely rural and its roadways are congested, creating significant access barriers to veterans in need of care and thereby resulting in suppressed demand for care. (3) Projections of future growth in demand for health care by veterans in southern New Jersey support sustainable enrollment of veterans needing Department of Veterans Affairs health care. (4) The number of veterans residing in southern New Jersey is increasing as more veterans retire in the area and new veterans seek services in the wake of large-scale deployments of National Guard and Reservists from the area. According to United States census data, the veteran population in the eight counties of southern New Jersey is greater than 235,000. (5) By the end of 2004, 62 percent of the serving members of the New Jersey National Guard will have been deployed on active duty in support of the global war on terror and will be eligible for enrollment in the Department of Veterans Affairs health care system. (b) Definition.--For purposes of this Act, the term ``southern New Jersey'' means the following counties of the State of New Jersey: Ocean, Burlington, Camden, Gloucester, Salem, Cumberland, Atlantic, and Cape May. SEC. 3. MEDICAL CARE FOR VETERANS IN SOUTHERN NEW JERSEY. (a) Determination.--Not later than March 15, 2006, the Secretary of Veterans Affairs shall determine, and notify Congress pursuant to subsection (b), whether the needs of veterans in southern New Jersey for full-service medical care shall be met-- (1) through a project for a public-private venture to provide inpatient and outpatient services and long-term care to veterans at an existing facility in southern New Jersey; or (2) through a project for construction of a new full- service, 100-bed Department of Veterans Affairs medical center in southern New Jersey. (b) Notification and Prospectus.--Not later than March 15, 2006, the Secretary of Veterans Affairs shall submit to Congress a report-- (1) identifying which of the two options specified in subsection (a) has been selected by the Secretary; and (2) providing, for the option selected, a prospectus that includes, at a minimum, the matter specified in paragraphs (1) through (8) of section 8104(b) of title 38, United States Code, and the project time lines. SEC. 4. PUBLIC-PRIVATE VENTURE FOR MEDICAL CARE FOR VETERANS IN SOUTHERN NEW JERSEY. (a) Project.--If the option selected by the Secretary of Veterans Affairs under section 3(a) is the option specified in paragraph (1) of that section for a project for a public-private venture to provide inpatient and outpatient services and long-term care to veterans at an existing facility in southern New Jersey, then the Secretary shall, subject to the availability of appropriations for such purpose, take such steps as necessary to enter into an agreement with an appropriate private-sector entity to provide for inpatient and outpatient services and long-term care for veterans at an existing facility in southern New Jersey. Such an agreement may include provision for construction of a new wing or other addition at such facility to provide additional services that will, under the agreement, be leased by the United States and dedicated to care and treatment of veterans by the Secretary under title 38, United States Code. (b) Authorization of Appropriations.--There is authorized to be appropriated such sums as necessary for a public-private venture project under this section. SEC. 5. NEW DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, SOUTHERN NEW JERSEY. (a) Project Authorization.--If the option selected by the Secretary of Veterans Affairs under section 3(a) is the option specified in paragraph (2) of that section for a project for construction of a new full-service, 100-bed Department of Veterans Affairs medical center in southern New Jersey, then the Secretary shall, subject to the availability of appropriations for such purpose, carry out a major medical facility construction project for construction in southern New Jersey of a 100-bed medical facility providing inpatient and outpatient services and long-term care. Such facility shall be located in the county in southern New Jersey that the Secretary determines most suitable to meet the health care needs of veterans in the region. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Construction, Major Projects, account of the Department of Veterans Affairs, in addition to any other amounts authorized for that account, the amount of $120,000,000 for the project authorized by subsection (a).

Southern New Jersey Veterans Comprehensive Health Care Act - Directs the Secretary of Veterans Affairs to determine, and notify Congress, whether the needs of veterans in southern New Jersey (the counties of Ocean, Burlington, Camden, Gloucester, Salem, Cumberland, Atlantic, and Cape May) for full-service medical care shall be met through a project for: (1) a public-private venture to provide inpatient and outpatient services and long-term care to veterans at an existing facility in southern New Jersey; or (2) construction of a new full-service, 100-bed Department of Veterans Affairs medical center in southern New Jersey. Directs the Secretary: (1) if the public-private venture option is chosen, to enter into an appropriate agreement for the provision of such care and services; or (2) if the new construction option is chosen, to carry out an appropriate major medical facility construction project for such purpose.

To direct the Secretary of Veterans Affairs to expand the capability of the Department of Veterans Affairs to provide for the medical care needs of veterans in southern New Jersey.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Job Creation and Urban Revitalization Act of 2011''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Increased investment in job creating small business concerns. Sec. 3. Updating definition of low-income geographic area. Sec. 4. Expanded uses for operational assistance for small business concerns located in areas of high unemployment. Sec. 5. Definition of area of high unemployment. Sec. 6. Nationwide distribution of companies to generate new employment opportunities. Sec. 7. Limitation on time for final approval. Sec. 8. Elimination of matching requirement for areas with high unemployment and areas designated as an urban manufacturing revitalization area. Sec. 9. Urban manufacturing revitalization areas. Sec. 10. Simplified formula for operational assistance grants. Sec. 11. Expanding operational assistance to conditionally approved companies. Sec. 12. Authorization of appropriations. Sec. 13. Streamlined application for New Markets Venture Capital Program. SEC. 2. INCREASED INVESTMENT IN JOB CREATING SMALL BUSINESS CONCERNS. (a) Developmental Venture Capital and Participation Agreements.-- Section 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689) is amended-- (1) in paragraph (1) by inserting after ``geographic areas'' the following: ``or encouraging the growth or continuation of small business concerns located in areas of high unemployment''; and (2) in paragraph (6)(B) by inserting after ``geographic areas'' the following: ``or in small business concerns located in areas of high unemployment''. (b) Purposes.--Section 352 of the Small Business Investment Act of 1958 (15 U.S.C. 689a) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) to promote economic development in low-income geographic areas and to create job opportunities in areas of high unemployment by encouraging developmental venture capital investments in smaller enterprises and small business concerns primarily located in such areas; and''; and (2) in paragraph (2)-- (A) in the matter preceding subparagraph (A) by inserting after ``geographic areas'' the following: ``and small business concerns located in areas of high unemployment''; (B) in subparagraph (B) by inserting after ``geographic areas'' the following: ``or in small business concerns located in areas of high unemployment''; and (C) in subparagraph (C) by inserting after ``smaller enterprises'' the following: ``and small business concerns''. (c) Eligibility, Applications, and Requirements for Final Approval.--Section 354 of the Small Business Investment Act of 1958 (15 U.S.C. 689c) is amended-- (1) in subsection (a)(3) by inserting after ``geographic areas'' the following: ``or investing in small business concerns located in areas of high unemployment''; (2) in subsection (b)-- (A) in paragraph (1) by inserting after ``geographic areas'' the following: ``or in small business concerns located in areas of high unemployment''; and (B) in paragraph (4) by inserting after ``smaller enterprises'' the following: ``or small business concerns''; and (3) in subsection (d)-- (A) in paragraph (1)-- (i) by striking ``Each'' and inserting the following: ``(A) In general.--Except as provided in subparagraphs (B) and (C), each''; and (ii) by adding at the end the following: ``(B) Small business concerns located in areas of high unemployment.--Each conditionally approved company engaged primarily in development of and investment in small business concerns located in areas of high unemployment shall raise not less than $3,000,000 of private capital or binding capital commitments from one or more investors (other than agencies or departments of the Federal Government) who met criteria established by the Administrator.''; and (B) in paragraph (2)(A) by inserting after ``smaller enterprises'' the following: ``or small business concerns''. (d) Operational Assistance Grants.--Section 358 of the Small Business Investment Act of 1958 (15 U.S.C. 689g) is amended-- (1) in subsection (a)(1) by inserting after ``smaller enterprises'' the following: ``and small business concerns''; and (2) in subsection (b)(1) by inserting after ``smaller enterprises'' the following: ``and small business concerns''. SEC. 3. UPDATING DEFINITION OF LOW-INCOME GEOGRAPHIC AREA. Section 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689), as amended by section 2 of this Act, is further amended-- (1) by striking paragraphs (2) and (3); (2) by inserting after paragraph (1) the following: ``(2) Low-income geographic area.--The term `low-income geographic area' has the meaning given the term `low-income community' in section 45D(e) of the Internal Revenue Code of 1986, except that, without regard to that meaning, the term includes an area of high unemployment.''; and (3) by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively. SEC. 4. EXPANDED USES FOR OPERATIONAL ASSISTANCE FOR SMALL BUSINESS CONCERNS LOCATED IN AREAS OF HIGH UNEMPLOYMENT. Section 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689), as amended by this Act, is further amended in paragraph (4) (as so redesignated by section 3 of this Act) by inserting after ``business development'' the following: ``and, with respect to a small business concern located in an area of high unemployment, assistance that assists the concern with retooling, updating, or replacing machinery or equipment''. SEC. 5. DEFINITION OF AREA OF HIGH UNEMPLOYMENT. Section 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689), as amended by this Act, is further amended by adding at the end the following: ``(8) Area of high unemployment.--The term `area of high unemployment' means a geographic area that the Administrator determines has an unemployment rate that exceeds the national unemployment rate.''. SEC. 6. NATIONWIDE DISTRIBUTION OF COMPANIES TO GENERATE NEW EMPLOYMENT OPPORTUNITIES. Paragraph (3) of section 354(c) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(c)) is amended to read as follows: ``(3) Geographic expansion.--In selecting companies under paragraph (1), the Administrator shall consider the need to promote investment nationwide and shall, to the extent practicable, select at least 1 company from each geographic region of the Small Business Administration.''. SEC. 7. LIMITATION ON TIME FOR FINAL APPROVAL. Section 354(d) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(d)) is amended in the matter preceding paragraph (1) by striking ``a period of time, not to exceed 2 years,'' and inserting ``2 years''. SEC. 8. ELIMINATION OF MATCHING REQUIREMENT FOR AREAS WITH HIGH UNEMPLOYMENT AND AREAS DESIGNATED AS AN URBAN MANUFACTURING REVITALIZATION AREA. Section 354(d)(2)(A)(i)(III) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(d)(2)(A)(i)(III)) is amended by inserting after ``under paragraph (1)'' the following: ``, except that this subclause shall not apply to a company the Administrator determines is primarily serving small business concerns located in an area of high unemployment or in an area designated as an urban manufacturing revitalization area under subsection (f)''. SEC. 9. URBAN MANUFACTURING REVITALIZATION AREAS. (a) In General.--Section 354 of the Small Business Investment Act of 1958 (15 U.S.C. 689c), as amended by this Act, is further amended by adding at the end the following: ``(f) Urban Manufacturing Revitalization Areas.-- ``(1) In general.--In approving companies under this section to participate in the New Markets Venture Capital Program, the Administrator may approve a company to serve, throughout all States, solely small business concerns located in areas designated as an urban manufacturing revitalization area under paragraph (2). ``(2) Designation.--For purposes of paragraph (1), the Administrator may designate an area as an urban manufacturing revitalization area if-- ``(A) the area is a low-income geographic area; ``(B) the Administrator determines the area is an urban area; and ``(C) the Administrator determines there is, or was during the preceding 10-year period, a substantial presence of businesses in the area the primary business of which is classified in sector 31, 32, or 33 of the North American Industrial Classification System. ``(3) Consideration.--In approving a company under paragraph (1), the Administrator shall give priority to a company that demonstrates a strong commitment to and experience in revitalizing and redeveloping urban areas through investment in and the provision of management and technical assistance to small business concerns in those areas. ``(4) Coordination.--The Administrator shall work to coordinate and make available to small business concerns served by a company approved under paragraph (1) the resources provided under the entrepreneurial development, contracting, and financing programs of the Administration. ``(5) Increasing procurement opportunities.--The Administrator shall designate at least 1 procurement center representative or commercial market representative to identify procurement opportunities for small business concerns served by a company approved under paragraph (1).''. (b) Capital Requirement.--Section 354(d)(1) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(d)(1)) is amended by adding at the end the following: ``(C) Small business concerns located in urban manufacturing revitalization areas.--Each conditionally approved company engaged primarily in development of and investment in small business concerns located in areas designated as urban manufacturing revitalization areas under subsection (f) shall raise not less than $2,000,000 of private capital or binding capital commitments from one or more investors (other than agencies or departments of the Federal Government) who met criteria established by the Administrator.''. SEC. 10. SIMPLIFIED FORMULA FOR OPERATIONAL ASSISTANCE GRANTS. Subparagraph (A) of section 358(a)(4) of the Small Business Investment Act of 1958 (15 U.S.C. 689g(a)(4)) is amended-- (1) by striking ``shall be equal to'' and all that follows through the period at the end and inserting ``shall be equal to the lesser of--''; and (2) by adding at the end the following: ``(i) 10 percent of the resources (in cash or in kind) raised by the company under section 354(d)(2); or ``(ii) $1,000,000.''. SEC. 11. EXPANDING OPERATIONAL ASSISTANCE TO CONDITIONALLY APPROVED COMPANIES. Section 358(a) of the Small Business Investment Act of 1958 (15 U.S.C. 689g(a)) is amended by adding at the end the following: ``(6) Grants to conditionally approved companies.-- ``(A) In general.--Subject to the provisions of this paragraph, upon the request of a company conditionally approved under section 354(c), the Administrator is authorized to make a grant to the company under this subsection. ``(B) Repayment by companies not approved.--If a company receives a grant under this paragraph and does not receive final approval under section 354(e), the company shall repay the amount of the grant to the Administrator. ``(C) Deduction from grant to approved company.--If a company receives a grant under this paragraph and receives final approval under section 354(e), the Administrator shall deduct the amount of such grant from the amount of any immediately succeeding grant the company receives for operational assistance. ``(D) Amount of grant.--No company may receive a grant of more than $50,000 under this paragraph.''. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. Section 368(a) of the Small Business Investment Act of 1958 (15 U.S.C. 689q(a)) is amended-- (1) in the matter preceding paragraph (1) by striking ``fiscal years 2001 through 2006'' and inserting ``fiscal years 2012 and 2013''; (2) in paragraph (1)-- (A) by striking ``$150,000,000'' and inserting ``$75,000,000''; and (B) by inserting before the period at the end the following: ``, of which not less than 50 percent shall be used to guarantee debentures of companies primarily serving small business concerns located in areas of high unemployment''; and (3) in paragraph (2)-- (A) by striking ``$30,000,000'' and inserting ``$15,000,000''; and (B) by inserting before the period at the end the following: ``, of which not less than 50 percent shall be used to make grants to companies primarily serving small business concerns located in areas of high unemployment''. SEC. 13. STREAMLINED APPLICATION FOR NEW MARKETS VENTURE CAPITAL PROGRAM. Not later than 60 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall prescribe standard documents for a New Markets Venture Capital company final approval application with respect to section 354(e) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(e)). The Administrator shall ensure that the standard documents are designed to substantially reduce the cost burden of the application process for companies.

Job Creation and Urban Revitalization Act of 2011 - Amends the Small Business Investment Act of 1958 to expand the new markets venture capital program (currently, a program under which venture capital companies provide equity capital investments and operational assistance to small businesses in low-income geographic areas) to areas of high unemployment. Allows the operational assistance that companies provide to small businesses in such high-unemployment areas to include retooling, updating, or replacing of machinery or equipment. Makes the Small Business Administration (SBA) definition of "low-income geographic area" under the program the same as the definition of "low-income community" under the Internal Revenue Code, except that, without regard to such meaning, the term shall include an area of high unemployment. Requires the SBA Administrator, in conditionally approving companies to participate in the program, to select at least one company from each SBA geographic region. Directs the Administrator to allow conditionally-approved companies two years (currently, a period of time not to exceed two years) to satisfy capital and other requirements for final approval. Exempts from a requirement that conditionally-approved companies have certain binding capital commitments in order to provide operational assistance, companies primarily serving small businesses in areas of: (1) high unemployment, or (2) urban manufacturing revitalization. Authorizes the Administrator to approve a company to serve, throughout all states, solely small businesses in urban manufacturing revitalization areas. Reduces to $3 million the minimum capital requirements for final approval of conditionally-approved companies engaged primarily in development of and investment in small businesses located in areas of high unemployment. Reduces to $2 million such capital requirements for conditionally-approved companies so engaged primarily with small businesses in urban manufacturing revitalization areas. (Current law would otherwise require any conditionally-approved company to raise at least $5 million.) Revises the formula for operational assistance grants. Authorizes such grants to conditionally-approved companies (up to $50,000 per company), provided that repayment is made if such companies do not receive final approval.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Asset Management Improvement Act of 1999''. TITLE I--IMPROVED PROPERTY MANAGEMENT SEC. 101. PERFORMANCE MEASUREMENT. (a) Performance Measures Required.-- (1) In general.--The Administrator, in consultation with the heads of executive agencies, shall establish performance measures to determine the effectiveness of Federal property management. The performance measures shall be designed to-- (A) enable the Congress and heads of executive agencies to track progress in the achievement of property management objectives on a governmentwide basis; and (B) allow for comparing the performance of executive agencies against industry and other public sector agencies in terms of performance. (2) Use of existing data and data collection tools.--In developing and implementing the performance measures, the Administrator shall use existing data sources and automated data collection tools to the maximum extent practical. (b) Executive Agencies.--The head of each executive agency shall-- (1) monitor the performance of the agency against the performance measures established under subsection (a); and (2) report the results of such monitoring to the Congress in the agency's budget submission under section 1105 of title 31, United States Code. (c) Management Plan.--Within 90 days after the date of the enactment of this Act, the Administrator of General Services shall submit to the Congress a program management plan describing-- (1) how the program established by this Act will be implemented; (2) individuals who will exercise operational authority over the program; (3) the qualifications of such individuals; and (4) a timeline for implementation of the program. TITLE II--PUBLIC-PRIVATE PARTNERSHIPS SEC. 201. PUBLIC-PRIVATE PARTNERSHIP AUTHORITY. Title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) is amended by adding at the end the following: ``Sec. 213. (a) The Administrator may enter into agreements for the creation of one or more public-private partnerships with a nongovernmental person, the purpose of which shall be (1) to lease Federal real property under the terms of subsection (c), and (2) to develop, rehabilitate, or renovate facilities on such leased property for the use, in whole or part, by executive agencies. The public- private partnership may be a limited liability company, limited partnership, corporation, business trust, or other form of entity, as the Administrator may designate. The nongovernmental person shall exercise control of the management of the public-private partnership, and shall hold a majority interest in ownership and profits of the public-private partnership. ``(b) Each agreement entered into pursuant to this section-- ``(1) shall have as its primary purpose the enhancement of the functional and economic efficiency of Federal real property; ``(2) shall be negotiated pursuant to such procedures as the Administrator considers necessary to promote competition and protect the public interest; ``(3) shall provide a lease option to the United States to occupy space in the facilities acquired, constructed, or rehabilitated by the public-private partnership, but shall not guarantee occupancy by the United States; ``(4) shall describe the consideration, duties, and responsibilities for which the United States and the nongovernmental person are responsible and may provide for the alteration, repair, or improvement of the real property as part or all of the consideration of the nongovernmental person, notwithstanding any provision of law, including the Act of June 30, 1932 (chapter 314; 40 U.S.C. 303b); ``(5) shall provide-- ``(A) that the United States shall not be liable for any actions, debts, or liability of any person created by such agreement; and ``(B) that no person is authorized by the agreement to execute any instrument or document creating or evidencing any indebtedness unless such instrument or document specifically disclaims any liability of the United States under the instrument or document; and ``(6) shall provide that the leasehold interests of the United States are senior to that of any lender to the nongovernmental person. Paragraph (6) shall not impair the ability of a public-private partnership to pledge as collateral its leasehold interest under a lease with the United States entered into pursuant to the terms of subsection (c). ``(c)(1) Notwithstanding any other provision of law, including sections 202 and 203 of this Act, the Administrator may lease real property to a public-private partnership created under this section in furtherance of agreements under subsection (a). ``(2) Master leases under this subsection may be for such period as the Administrator determines appropriate. ``(3) The Administrator may dispose of equity interest controlled by the United States in any public-private partnership created under this section whenever determined by the Administrator to be beneficial to the United States, if the Administrator receives the estimated fair market value of such interests. Proceeds from such disposal shall be deposited into the fund created by section 210(f). ``(4) Real property leased under this subsection shall not be considered unutilized or underutilized for purposes of section 501 of the Stewart B. McKinney Homeless Assistance Act and may be leased under this subsection without regard to any other provision of law. ``(d) Notwithstanding any other provision of law, the Administrator, or his or her designee, may provide services to a public-private partnership created under this section on such terms as the Administrator considers appropriate. ``(e)(1) Notwithstanding any other provision of law, the Administrator may retain and use any revenues derived from agreements entered into under this section for the physical improvement of Federal real property. ``(2) At the discretion of the Administrator, revenues from master leases authorized by this section shall be deposited into the fund established by section 210(f), or deposited into the general fund of the Treasury as miscellaneous receipts. ``(3) Net revenues received by the Administrator from public- private partnerships created under this section, other than proceeds from master leases of real property, shall be deposited in the fund established by section 210(f). ``(f) Upon request of the head of an executive agency, the Administrator shall delegate to the head of the executive agency authority of the Administrator under subsections (a) through (e). ``(g) The Administrator shall prepare and transmit to the Congress a business plan regarding each agreement with a nongovernmental person under this section not later than 30 days before the date on which the Administrator enters into the agreement. The business plan shall identify the property that the Administrator proposes to make available under the agreement, an explanation of the agreement, the name, resources, and qualifications of the nongovernmental person, the factors in support of the proposed project, and performance measures by which the proposed project will be measured. ``(h) The Administrator shall describe, in the budget submitted by the President pursuant to section 1105 of title 31, United States Code, the projected economic performance, including expenditures and receipts, arising from agreements entered into pursuant this section. ``(i) In this section: ``(1) The term `nongovernmental person' means a person that is not an executive agency. ``(2) The term `master lease' means a conveyance of Federal real property to a public-private partnership created under this section through a lease entered into by the Administrator with the public-private partnership.''. SEC. 202. REPORTS. (a) Office of the Administrator.--Not later than 5 years after the date of enactment of this Act, the Administrator of General Services shall submit to the Congress a report on the use by executive agencies of the authorities provided by this Act. The report shall-- (1) assess the effectiveness of the authority to enter into agreements to enhance the value of the properties subject to the agreements; and (2) review the performance measures included in the explanatory statements submitted pursuant to section 201. (b) Report of the Comptroller General.--Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report on the use by executive agencies of the authorities provided by this Act.

Title II: Public-Private Partnerships - Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator to enter into agreements for the creation of one or more public-private partnerships to: (1) lease Federal real property; and (2) develop, rehabilitate, or renovate facilities on such property for use by executive agencies. Requires the Administrator to prepare and submit to Congress at least 30 days before entering into such an agreement a business plan regarding each agreement.

Federal Asset Management Improvement Act of 1999

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Rural Land Conservation Act of 1993''. (b) Amendment of 1986 Code.--Except as otherwise provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. ESTATE TAX TREATMENT OF LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT. (a) Estate Tax With Respect to Land Subject to a Qualified Conservation Easement.--Section 2031 of the Internal Revenue Code of 1986 (relating to the definition of gross estate) is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following new subsection: ``(c) Estate Tax With Respect to Land Subject to a Qualified Conservation Easement.-- ``(1) In general.--If the executor makes the election described in paragraph (4) of this subsection, then, except as otherwise provided in this subsection, there shall be excluded from the gross estate the value of land subject to a qualified conservation easement (reduced by the amount of any indebtedness to which such land is subject). ``(2) Land subject to a qualified conservation easement.-- For purposes of this subsection-- ``(A) In general.--The term `land subject to a qualified conservation easement' means land which-- ``(i) is located in or within 50 miles of an area which, on the date of the decedent's death, is-- ``(I) a metropolitan area (as defined by the Office of Management and Budget), or ``(II) a national park, unless it is determined by the Secretary that land in or within 50 miles of the park is not under significant development pressure, ``(ii) which was owned by the decedent or a member of the decedent's family at all times during the 3-year period ending on the date of the decedent's death, and ``(iii) with respect to which a qualified conservation contribution (as defined in section 170(h)(1)) of a qualified real property interest described in section 170(h)(2)(C) is (or has been made) by the decedent or a member of the decedent's family. ``(B) Certain contributions not included.--For purposes of subparagraph (A), section 170(h)(4)(A) shall be applied without regard to clause (iv) thereof in determining whether there is a qualified conservation contribution. ``(C) Family member.--For purposes of subparagraph (A), the term `member of the decedent's family' has the same meaning given such term by section 2032A(e)(2). ``(3) Tax on disposition if land subject to retained development right.-- ``(A) In general.--If the donor retained any development right when the qualified conservation contribution described in paragraph (2)(A)(iii) was made, there is hereby imposed an additional estate tax on the first person disposing (other than by gift or devise) of the property after the death of the decedent. ``(B) Amount of additional tax.-- ``(i) In general.--The amount of the additional tax imposed by subparagraph (A) shall be the amount equal to the increase in estate tax liability which would have occurred if the value of the development right had been included in the gross estate of the decedent (as determined under paragraph (4)). ``(ii) Partial disposition.--If only a portion of the property is disposed of, the person disposing of the property shall pay a pro rata portion of the tax imposed by subparagraph (A) (and such tax shall be reduced with respect to subsequent dispositions by the taxes imposed with respect to prior dispositions). ``(iii) Time for payment of tax.--Any tax imposed under subparagraph (A) shall be due and payable by the person disposing of the property no later than April 15 of the calendar year following the calendar year in which the disposition occurs. ``(C) Development right.--For purposes of this paragraph, the term `development right' means the right-- ``(i) to establish or use any structure (and the land immediately surrounding it) for sale, rent, or other commercial purpose which is not subordinate to and directly supportive of the conservation purpose of the qualified conservation contribution described in paragraph (2)(A)(iii), or ``(ii) to conduct the activity of farming, forestry, ranching, horticulture, viticulture, or recreation, whether or not for profit, on the land. ``(4) Election with respect to land subject to qualified conservation easement.--The election under this subsection shall be made on the return of the tax imposed by section 2001 and shall be made in such manner as the Secretary shall by regulations prescribe. Such an election, once made, shall be irrevocable. ``(5) Calculation and notice of potential estate tax due.-- ``(A) In general.--An executor making the election described in paragraph (4) of this subsection shall compute the amount of the additional estate tax described in paragraph (3)(B). ``(B) Notice.--The executor shall file a `Notice of Potential Estate Tax Due' in the place or places where deeds are put to public record for the locality in which the land subject to the qualified conservation easement is located. ``(C) Form and manner.--The computation and filing required by this paragraph shall be done in such manner and on such forms as the Secretary may prescribe.''. (b) Carryover Basis.--Section 1014(a) of the Internal Revenue Code of 1986 (relating to basis of property acquired from a decedent) is amended by striking the period at the end of paragraph (3) and inserting ``, or'' at the end thereof, and by inserting at the end the following new paragraph: ``(4) in the case of property excluded from the gross estate of the decedent under section 2031(c), the basis of the property in the hands of the decedent.''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after December 31, 1992, which includes land subject to qualified conservation easements granted after December 31, 1992. SEC. 3. GIFT TAX ON LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT. (a) Gift Tax With Respect to Land Subject to a Qualified Conservation Easement.--Section 2503 of the Internal Revenue Code of 1986 (relating to taxable gifts) is amended by adding at the end the following new subsection: ``(h) Gift Tax With Respect to Land Subject to a Qualified Conservation Easement.-- ``(1) In general.--At the election of the donor, the transfer by gift of land subject to a qualified conservation easement shall not be treated as a transfer of property by gift for purposes of this chapter. For purposes of this subsection, the term `land subject to a qualified conservation easement' shall have the same meaning as in section 2031(c), except that any reference to `decedent' or `the date of the decedent's death' shall refer to the donor and the date of the transfer by the donor, respectively.'' ``(2) Land subject to retained development rights.-- ``(A) In general.--If the donor retains any development right when the gift is made, then there is hereby imposed an additional gift tax on the first person disposing (other than by gift or device) of the property after the date of the gift to which this subsection applies. ``(B) Amount of tax.--The amount of the tax under subparagraph (A) shall be equal to the increase in gift tax liability which would have occurred if the value of the development right had been treated as a gift. ``(C) Definition and rules.--For purposes of this paragraph-- ``(i) Development right.--The term `development right' has the meaning given such term by section 2031(c)(3)(C). ``(ii) Other rules.--The rules of clauses (ii) and (iii) of paragraph (3)(B) and paragraph (5) of section 2031(c) shall apply, except that `donor' shall be substituted for `executor' each place it appears.''. (b) Effective Date.--The amendments made by this section shall apply to gifts of land subject to qualified conservation easements granted after December 31, 1992. SEC. 4. QUALIFIED CONSERVATION CONTRIBUTION WHERE SURFACE AND MINERAL RIGHTS ARE SEPARATED. (a) In General.--Section 170(h)(5)(B)(ii) of the Internal Revenue Code of 1986 (relating to special rule) is amended to read as follows: ``(ii) Special rule.--With respect to any contribution of property in which the ownership of the surface estate and mineral interests has been and remains separated, subparagraph (A) shall be treated as met if the probability of surface mining occurring on such property is so remote as to be negligible.''. (b) Effective Date.--The amendment made by this section shall apply with respect to contributions made after December 31, 1992, in taxable years ending after such date. SEC. 5. QUALIFIED CONSERVATION CONTRIBUTION IS NOT A DISPOSITION. (a) Qualified Conservation Contribution Is Not a Disposition.-- Subsection (c) of section 2032A of the Internal Revenue Code of 1986 (relating to alternative valuation method) is amended by adding at the end thereof the following new paragraph: ``(8) Qualified conservation contribution is not a disposition.--A qualified conservation contribution (as defined in section 170(h)) by gift or otherwise shall not be treated as a disposition for purposes of this subsection. If qualified real property is land subject to a qualified conservation easement (as defined in section 2031(c)), this subsection shall not apply to such property.''. (b) Land Subject to a Qualified Conservation Easement Is Not Disqualified.--Subsection (b) of section 2032A of the Internal Revenue Code of 1986 (relating to alternative valuation method) is amended by adding at the end the following paragraph: ``(6) Qualified conservation easement.--Property shall not fail to be treated as qualified real property solely because it is land subject to a qualified conservation easement (as defined in section 2031(c)).''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after December 31, 1992, which include land subject to qualified conservation easements granted after December 31, 1992.

Rural Land Conservation Act of 1993 - Amends the Internal Revenue Code to exclude from the gross estate tax the value of land subject to a qualified conservation easement (less the amount of any indebtedness secured by such land). Includes in the gross estate tax the value of each development right retained by the donor in the conveyance of the easement. Makes such tax due upon the disposition of the property. Provides that such land subject to the exclusion will have a carryover basis for purposes of determining gain or loss. Excludes from the gift tax transfers by gift of land subject to a conservation easement. Imposes an additional gift tax on the disposal of such land if the donor retains any development right. Removes the allowance for a tax deduction in the case of a contribution of property where mining rights are retained if the surface estate and mining interests were separated before June 13, 1976, and remain separated. Declares that for purposes of the alternative estate valuation method: (1) a qualified conservation contribution is not a disposition; and (2) land subject to a conservation easement is not disqualified.

Rural Land Conservation Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Family Priority Act''. SEC. 2. CHANGE IN FAMILY-SPONSORED IMMIGRANT CATEGORIES. Section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended to read as follows: ``(a) Preference Allocation for Spouses and Children of Permanent Resident Aliens.--Qualified immigrants who are the spouses or children of an alien lawfully admitted for permanent residence shall be allotted visas in a number not to exceed the worldwide level specified in section 201(c).''. SEC. 3. CHANGE IN WORLDWIDE LEVEL OF FAMILY-SPONSORED IMMIGRANTS. Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to-- ``(A) 88,000; minus ``(B) the number computed under paragraph (2).''; (2) by striking paragraphs (2), (3), and (5); and (3) by redesignating paragraph (4) as paragraph (2). SEC. 4. CONFORMING AMENDMENTS. (a) Numerical Limitation to Any Single Foreign State.--Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is amended-- (1) in subsection (a)(4)-- (A) by amending subparagraphs (A) and (B) to read as follows: ``(A) 75 percent of family-sponsored immigrants not subject to per country limitation.--Of the visa numbers made available under section 203(a) in any fiscal year, 75 percent shall be issued without regard to the numerical limitation under paragraph (2). ``(B) Treatment of remaining 25 percent for countries subject to subsection (e).-- ``(i) In general.--Of the visa numbers made available under section 203(a) in any fiscal year, the remaining 25 percent shall be available, in the case of a foreign state or dependent area that is subject to subsection (e) only to the extent that the total number of visas issued in accordance with subsection (A) to natives of the foreign state or dependent area is less than the subsection (e) ceiling (as defined in clause (ii)). ``(ii) Subsection (e) ceiling defined.--In clause (i), the term `subsection (e) ceiling' means, for a foreign state or dependent area, 77 percent of the maximum number of visas that may be made available under section 203(a) to immigrants who are natives of the state or area consistent with subsection (e).''; and (B) by striking subparagraphs (C) and (D); and (2) in subsection (e)-- (A) in paragraph (1), by adding ``and'' at the end; (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and (C) in the final sentence, by striking ``respectively,'' and all that follows through the period at the end and inserting ``respectively.''. (b) Rules for Determining Whether Certain Aliens Are Children.-- Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) is amended by striking ``(a)(2)(A)'' each place such term appears and inserting ``(a)''. (c) Procedure for Granting Immigrant Status.--Section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A)(i), by striking ``to classification by reason of a relationship described in paragraph (1), (3), or (4) of section 203(a) or''; (B) in subparagraph (B), by striking ``203(a)(2)(A)'' and ``203(a)(2)'' each place such terms appear and inserting ``203(a)''; and (C) in subparagraph (D)(i)(I), by striking ``a petitioner for preference status under paragraph (1), (2), or (3)'' and all that follows through the period at the end and inserting ``an individual under 21 years of age for purposes of adjudicating such petition and for purposes of admission as an immediate relative under section 201(b)(2)(A)(i) or a family-sponsored immigrant under section 203(a), as appropriate, notwithstanding the actual age of the individual.''; (2) in subsection (f)(1), by striking ``201(b), 203(a)(1), or 203(a)(3), as appropriate.'' and inserting ``201(b).''; and (3) by striking subsection (k). (d) Waivers of Inadmissibility.--Section 212(d)(11) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(11)) is amended by striking ``(other than paragraph (4) thereof)''. (e) Conditional Permanent Resident Status for Certain Alien Spouses and Sons and Daughters.--Section 216(g)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1186a(g)(1)(C)) is amended by striking ``203(a)(2)'' and inserting ``203(a)''. (f) Classes of Deportable Aliens.--Section 237(a)(1)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking ``203(a)(2)'' and inserting ``203(a)''. SEC. 5. NONIMMIGRANT STATUS FOR ALIEN PARENT OF ADULT UNITED STATES CITIZENS. (a) In General.--Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended-- (1) in subparagraph (U), by striking ``or'' at the end; (2) in subparagraph (V), by striking the period at the end and inserting ``or''; and (3) by adding at the end the following: ``(W) Subject to section 214(s), an alien who is a parent of a citizen of the United States, if the citizen is at least 21 years of age.''. (b) Conditions on Admission.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following: ``(s)(1) The initial period of authorized admission for a nonimmigrant described in section 101(a)(15)(W) shall be 5 years. Such period may be extended by the Secretary of Homeland Security so long as the United States citizen son or daughter of the nonimmigrant is residing in the United States. ``(2) A nonimmigrant described in section 101(a)(15)(W) is not authorized to be employed in the United States and is not eligible, notwithstanding any other provision of law, for any Federal, State, or local public benefit. In the case of such a nonimmigrant, the United States citizen son or daughter shall be responsible for the support of the nonimmigrant, regardless of the resources of the nonimmigrant. ``(3) An alien is ineligible to receive a visa and ineligible to be admitted into the United States as a nonimmigrant described in section 101(a)(15)(W) unless the alien provides satisfactory proof that the United States citizen son or daughter has arranged for the provision to the alien, at no cost to the alien, of health insurance coverage applicable during the period of the alien's presence in the United States.''. SEC. 6. EFFECTIVE DATE; APPLICABILITY. The amendments made by this Act shall take effect on the first day of the second fiscal year that begins after the date of the enactment of this Act, except that the following shall be considered invalid: (1) Any petition under section 204 of the Immigration and Nationality Act (8 U.S.C. 1154) seeking classification of an alien under a family-sponsored immigrant category eliminated by the amendments made by this Act that is filed after the date of the introduction of this Act. (2) Any application for an immigrant visa based on a petition described in paragraph (1).

Nuclear Family Priority Act - Amends the Immigration and Nationality Act to replace existing family-sponsored immigrant categories with a single preference allocation for spouses and children of permanent resident aliens. Reduces the number of, and revises the calculation for, fiscal year family-sponsored immigrant entrants. Establishes a nonimmigrant visa category for an alien who is a parent of a U.S. citizen at least 21 years old.

To amend the Immigration and Nationality Act to make changes related to family-sponsored immigrants and to reduce the number of such immigrants, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Airport and Airway Extension Act of 2016''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--AIRPORT AND AIRWAY PROGRAMS Sec. 101. Extension of airport improvement program. Sec. 102. Extension of expiring authorities. Sec. 103. Federal Aviation Administration operations. Sec. 104. Air navigation facilities and equipment. Sec. 105. Research, engineering, and development. Sec. 106. Compliance with aviation funding requirement. Sec. 107. Essential air service. TITLE II--REVENUE PROVISIONS Sec. 201. Expenditure authority from Airport and Airway Trust Fund. Sec. 202. Extension of taxes funding Airport and Airway Trust Fund. TITLE I--AIRPORT AND AIRWAY PROGRAMS SEC. 101. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM. (a) Authorization of Appropriations.-- (1) In general.--Section 48103(a) of title 49, United States Code, is amended by striking ``$1,675,000,000 for the period beginning on October 1, 2015, and ending on March 31, 2016'' and inserting ``$2,652,083,333 for the period beginning on October 1, 2015, and ending on July 15, 2016.''. (2) Obligation of amounts.--Subject to limitations specified in advance in appropriation Acts, sums made available pursuant to the amendment made by paragraph (1) may be obligated at any time through September 30, 2016, and shall remain available until expended. (3) Program implementation.--For purposes of calculating funding apportionments and meeting other requirements under sections 47114, 47115, 47116, and 47117 of title 49, United States Code, for the period beginning on October 1, 2015, and ending on July 15, 2016, the Administrator of the Federal Aviation Administration shall-- (A) first calculate such funding apportionments on an annualized basis as if the total amount available under section 48103 of such title for fiscal year 2016 were $3,350,000,000; and (B) then reduce by 20.83 percent-- (i) all funding apportionments calculated under subparagraph (A); and (ii) amounts available pursuant to sections 47117(b) and 47117(f)(2) of such title. (b) Project Grant Authority.--Section 47104(c) of title 49, United States Code, is amended, in the matter preceding paragraph (1), by striking ``March 31, 2016,'' and inserting ``July 15, 2016,''. SEC. 102. EXTENSION OF EXPIRING AUTHORITIES. (a) Section 47107(r)(3) of title 49, United States Code, is amended by striking ``April 1, 2016'' and inserting ``July 16, 2016''. (b) Section 47115(j) of title 49, United States Code, is amended by striking ``March 31, 2016'' and inserting ``July 15, 2016''. (c) Section 47124(b)(3)(E) of title 49, United States Code, is amended by striking ``$5,175,000 for the period beginning on October 1, 2015, and ending on March 31, 2016,'' and inserting ``$8,193,750 for the period beginning on October 1, 2015, and ending on July 15, 2016,''. (d) Section 47141(f) of title 49, United States Code, is amended by striking ``March 31, 2016'' and inserting ``July 15, 2016''. (e) Section 186(d) of the Vision 100--Century of Aviation Reauthorization Act (117 Stat. 2518) is amended by striking ``March 31, 2016'' and inserting ``July 15, 2016''. (f) Section 409(d) of the Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 41731 note) is amended by striking ``March 31, 2016'' and inserting ``July 15, 2016''. (g) Section 411(h) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. note) is amended by striking ``March 31, 2016'' and inserting ``July 15, 2016''. (h) Section 822(k) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47141 note) is amended by striking ``March 31, 2016'' and inserting ``July 15, 2016''. SEC. 103. FEDERAL AVIATION ADMINISTRATION OPERATIONS. Section 106(k) of title 49, United States Code, is amended-- (1) in paragraph (1), by amending subparagraph (E) to read as follows: ``(E) $7,711,387,500 for the period beginning on October 1, 2015, and ending on July 15, 2016.''; and (2) in paragraph (3) by striking ``March 31, 2016'' and inserting ``July 15, 2016''. SEC. 104. AIR NAVIGATION FACILITIES AND EQUIPMENT. Section 48101(a)(5) of title 49, United States Code, is amended to read as follows: ``(5) $2,058,333,333 for the period beginning on October 1, 2015, and ending on July 15, 2016.''. SEC. 105. RESEARCH, ENGINEERING, AND DEVELOPMENT. Section 48102(a)(9) of title 49, United States Code, is amended to read as follows: ``(9) $124,093,750 for the period beginning on October 1, 2015, and ending on July 15, 2016.''. SEC. 106. COMPLIANCE WITH AVIATION FUNDING REQUIREMENT. The budget authority authorized in this Act, including the amendments made by this Act, shall be deemed to satisfy the requirements of subsections (a)(1)(B) and (a)(2) of section 48114 of title 49, United States Code, for the period beginning on October 1, 2015, and ending on July 15, 2016. SEC. 107. ESSENTIAL AIR SERVICE. Section 41742(a)(2) of title 49, United States Code, is amended by striking ``$77,500,000 for the period beginning on October 1, 2015, and ending on March 31, 2016,'' and inserting ``$122,708,333 for the period beginning on October 1, 2015, and ending on July 15, 2016,''. TITLE II--REVENUE PROVISIONS SEC. 201. EXPENDITURE AUTHORITY FROM AIRPORT AND AIRWAY TRUST FUND. (a) In General.--Section 9502(d)(1) of the Internal Revenue Code of 1986 is amended-- (1) in the matter preceding subparagraph (A), by striking ``April 1, 2016'' and inserting ``July 16, 2016''; and (2) in subparagraph (A), by striking the semicolon at the end and inserting ``or the Airport and Airway Extension Act of 2016;''. (b) Conforming Amendment.--Section 9502(e)(2) of such Code is amended by striking ``April 1, 2016'' and inserting ``July 16, 2016''. SEC. 202. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND. (a) Fuel Taxes.--Section 4081(d)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``March 31, 2016'' and inserting ``July 15, 2016''. (b) Ticket Taxes.-- (1) Persons.--Section 4261(k)(1)(A)(ii) of such Code is amended by striking ``March 31, 2016'' and inserting ``July 15, 2016''. (2) Property.--Section 4271(d)(1)(A)(ii) of such Code is amended by striking ``March 31, 2016'' and inserting ``July 15, 2016''. (c) Fractional Ownership Programs.-- (1) Treatment as non-commercial aviation.--Section 4083(b) of such Code is amended by striking ``April 1, 2016'' and inserting ``July 16, 2016''. (2) Exemption from ticket taxes.--Section 4261(j) of such Code is amended by striking ``March 31, 2016'' and inserting ``July 15, 2016''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on March 17, 2016. Airport and Airway Extension Act of 2016 TITLE I--AIRPORT AND AIRWAY PROGRAMS (Sec. 101) This bill reauthorizes for the period March 31, 2016, through July 15, 2016, the airport improvement program and specified related authorities, including: the competition disclosure requirement under a development project grant for a large hub airport or a medium hub airport; the eligibility for small airport grants of sponsors of airports in the Republic of the Marshall Islands, Federated States of Micronesia, and Republic of Palau; the air traffic control contract program; state and local government compatible land use planning and projects; Department of Transportation authority to appropriate funds to acquire, establish, and improve air navigation facilities; civil aviation research and development; Federal Aviation Administration (FAA) operations; and essential air service. (Sec. 102) The Vision 100--Century of Aviation Reauthorization Act is amended to extend through the same period: the authorization for airport development at Midway Island Airport, and the authority of any final order with respect to the eligibility for essential air service compensation. The FAA Modernization and Reform Act of 2012 is amended to extend through: FY2016 the requirement for an Inspector General report on participation in FAA programs by disadvantaged small business concerns, July 15, 2016, the pilot program under which operators of up to four public-use airports may receive grants for activities related to the redevelopment of airport properties, and the same date the advisory committee for aviation consumer protection. TITLE II--REVENUE PROVISIONS (Sec. 201) The Internal Revenue Code is amended to extend through July 15, 2017, expenditure authority from the Airport and Airway Trust Fund, fuel and ticket taxes, as well as the exemption from ticket taxes for aircraft in fractional ownership aircraft programs.

Airport and Airway Extension Act of 2016

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Community Lending Enhancement and Regulatory Relief Act of 2013'' or the ``CLEAR Relief Act of 2013''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Changes required to small bank holding company policy statement on assessment of financial and managerial factors. Sec. 3. Escrow requirements. Sec. 4. Exception to annual privacy notice requirement under the Gramm- Leach-Bliley Act. Sec. 5. Accounting principles cost-benefit requirements. Sec. 6. Community bank exemption from annual management assessment of internal controls requirement of the Sarbanes-Oxley Act of 2002. Sec. 7. Certain loans included as qualified mortgages. Sec. 8. Increase in small servicer exemption. Sec. 9. Appraiser qualification threshold. Sec. 10. Coordination among financial institutions. SEC. 2. CHANGES REQUIRED TO SMALL BANK HOLDING COMPANY POLICY STATEMENT ON ASSESSMENT OF FINANCIAL AND MANAGERIAL FACTORS. (a) Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors.-- (1) In general.--Before the end of the 6-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors (12 C.F.R. part 225--appendix C) that provide that the policy shall apply to a bank holding company which has pro forma consolidated assets of less than $5,000,000,000 and that-- (A) is not engaged in any nonbanking activities involving significant leverage; and (B) does not have a significant amount of outstanding debt that is held by the general public. (2) Adjustment of amount.--The Board of Governors of the Federal Reserve System shall annually adjust the dollar amount referred to in paragraph (1) in the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors by an amount equal to the percentage increase, for the most recent year, in total assets held by all insured depository institutions, as determined by the Board. (b) Increase in Debt-to-Equity Ratio of Small Bank Holding Company.--Before the end of the 6-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors (12 C.F.R. part 225--appendix C) such that the debt-to-equity ratio allowable for a small bank holding company in order to remain eligible to pay a corporate dividend and to remain eligible for expedited processing procedures under Regulation Y of the Board of Governors of the Federal Reserve System would increase from 1:1 to 3:1. SEC. 3. ESCROW REQUIREMENTS. (a) In General.--Section 129D(c) of the Truth in Lending Act, as added by section 1461(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended-- (1) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D) and moving such subparagraphs 2 ems to the right; (2) striking ``The Board'' and inserting the following: ``(1) In general.--The Board''; and (3) by adding at the end the following new paragraph: ``(2) Treatment of Loans Held by Smaller Creditors.--The Board shall, by regulation, exempt from the requirements of subsection (a) any loan secured by a first lien on a consumer's principle dwelling, if such loan is held by a creditor with assets of $10,000,000,000 or less.''. SEC. 4. EXCEPTION TO ANNUAL PRIVACY NOTICE REQUIREMENT UNDER THE GRAMM- LEACH-BLILEY ACT. Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) is amended by adding at the end the following: ``(f) Exception to Annual Notice Requirement.--A financial institution that-- ``(1) provides nonpublic personal information only in accordance with the provisions of subsection (b)(2) or (e) of section 502 or regulations prescribed under section 504(b), and ``(2) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this subsection, shall not be required to provide an annual disclosure under this subsection until such time as the financial institution fails to comply with any criteria described in paragraph (1) or (2).''. SEC. 5. ACCOUNTING PRINCIPLES COST-BENEFIT REQUIREMENTS. Section 19(b) of the Securities Act of 1933 (15 U.S.C. 77s(b)) is amended by adding at the end the following: ``(3) Generally accepted accounting principles cost-benefit requirements.--The Commission or its designee shall conduct analyses of the costs and benefits (including economic benefits) of any new or amended accounting principle described under paragraph (1), and may not recognize such new or amended accounting principle, unless the Commission or its designee determines that the benefits to investors of such new or amended accounting principle significantly outweigh its costs.''. SEC. 6. COMMUNITY BANK EXEMPTION FROM ANNUAL MANAGEMENT ASSESSMENT OF INTERNAL CONTROLS REQUIREMENT OF THE SARBANES-OXLEY ACT OF 2002. Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is amended by adding the following new subsection: ``(d) Community Bank Exemption.-- ``(1) In general.--This section shall not apply in any year to any insured depository institution which, as of the close of the preceding year, had total assets, as determined on a consolidated basis, of $10,000,000,000 or less. ``(2) Adjustment of amount.--The Commission shall annually adjust the dollar amount in paragraph (1) by an amount equal to the percentage increase, for the most recent year, in total assets held by all depository institutions, as reported by the Federal Deposit Insurance Corporation.''. SEC. 7. CERTAIN LOANS INCLUDED AS QUALIFIED MORTGAGES. Section 129C(b)(2) of the Truth in Lending Act (15 U.S.C. 1639c(b)(2)) is amended-- (1) in subparagraph (A)-- (A) in clause (viii), by striking ``and'' at the end; (B) in clause (ix), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(x) that is originated and retained in portfolio for a period of at least 3 years by a creditor having less than $10,000,000,000 in total assets.''; and (2) in subparagraph (E)-- (A) by striking ``The Board may, by regulation'' and inserting ``The Bureau shall, by regulation''; and (B) by amending clause (iv) to read as follows: ``(iv) that is extended by a creditor that-- ``(I) originates and retains the balloon loans in portfolio for a period of at least 3 years; and ``(II) together with all affiliates, has total assets of $10,000,000,000 or less.''. SEC. 8. INCREASE IN SMALL SERVICER EXEMPTION. Section 6 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605) is amended by adding at the end the following: ``(n) Small Servicer Exemption.--The Bureau shall, by regulation, provide exemptions to, or adjustments for, the provisions of this section for servicers that service 20,000 or fewer mortgage loans, in order to reduce regulatory burdens while appropriately balancing consumer protections.''. SEC. 9. APPRAISER QUALIFICATION THRESHOLD. Section 1112(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3341(b)) is amended-- (1) by striking ``may establish a threshold level at or'' and inserting ``shall establish a threshold level of $250,000,''; and (2) by striking ``transactions, if'' and inserting ``transactions. Each Federal financial institutions regulatory agency and the Resolution Trust Corporation may establish a higher threshold than $250,000, if''. SEC. 10. COORDINATION AMONG FINANCIAL INSTITUTIONS. Chapter 53 of title 31, United States Code, is amended-- (1) by inserting after section 5332 the following new section: ``Sec. 5333. Coordination among financial institutions ``(a) In General.--In the case of an entry received via an automated clearing house, no receiving depository financial institution shall be required to verify that the entry is not a prohibited transaction, if the originating depository financial institution has warranted, pursuant to the automated clearing house rules governing such entry or otherwise, that the originating depository financial institution has complied with the sanctions programs administered by the Office of Foreign Assets Control in connection with such entry. ``(b) Definitions.--For purposes of this section: ``(1) Automated clearing house.--The term `automated clearing house' means a funds transfer system governed by rules which provide for the interbank clearing of electronic entries for participating depository financial institutions. ``(2) Depository financial institution.--The term `depository financial institution' means-- ``(A) any insured depository institution, as such term is defined under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); ``(B) any depository institution which is eligible to apply to become an insured depository institution under section 5 of the Federal Deposit Insurance Act (12 U.S.C. 1815); ``(C) any insured credit union, as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); and ``(D) any credit union which is eligible to apply to become an insured credit union pursuant to section 201 of the Federal Credit Union Act (12 U.S.C. 1781). ``(3) Entry.--The term `entry' means an order to request for the transfer of funds through an automated clearing house. ``(4) Originating depository financial institution.--The term `originating depository financial institution' means a depository financial institution that transmits entries via an automated clearing house for transmittal to a receiving depository financial institution. ``(5) Prohibited transaction.--The term `prohibited transaction' means a funds transfer originated on behalf of a person to or from whom funds transfers are restricted by a sanctions program administered by the Office of Foreign Assets Control, including persons appearing on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control. ``(6) Receiving depository financial institution.--The term `receiving depository financial institution' means a depository financial institution that receives entries via an automated clearing house from an originating depository financial institution for debit or credit to the accounts of its customers.''; and (2) in the table of contents for such chapter by inserting after the item relating to section 5332 the following new item: ``5333. Coordination among financial institutions.''.

Community Lending Enhancement and Regulatory Relief Act of 2013 or CLEAR Relief Act of 2013 - Directs the Board of Governors of the Federal Reserve System (Board) to publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on the Assessment of Financial and Managerial Factors that: (1) apply the policy to bank holding companies having pro forma consolidated assets of less than $5 billion (adjusted annually), no engagement in nonbanking activities involving significant leverage, and no significant amount of outstanding debt; and (2) increase from 1.1 to 3.1 the debt-to-equity ratio allowable for a small bank holding company in order to retain its eligibility both to pay a corporate dividend and to implement expedited processing procedures under Regulation Y of the Board. Amends the Truth in Lending Act (TILA) to require the Board to exempt from certain escrow or impound requirements a loan secured by a first lien on a consumer's principal dwelling if the loan is held by a creditor with assets of $10 billion or less. Amends the Gramm-Leach-Bliley Act to exempt from its annual privacy policy notice requirement any financial institution which: (1) provides nonpublic personal information only in accordance with specified requirements, and (2) has not changed its policies and practices regarding disclosures of nonpublic personal information from those disclosed in the most recent disclosure sent to consumers. Amends the Securities Act of 1933 to direct the Securities and Exchange Commission (SEC) to conduct cost-benefit analyses of certain new or amended generally accepted accounting principles. Requires the SEC to determine, as a prerequisite to recognition of such new or amended principles, whether the benefits to investors significantly outweigh the costs. Amends the Sarbanes-Oxley Act of 2002 to exempt community banks having total assets on a consolidated basis of $10 billion or less from mandatory annual management assessment of internal controls. Amends TILA to: (1) add to the definition of a qualified residential mortgage loan that it is originated and retained in a portfolio for at least three years by a creditor having less than $10 billion total assets, and (2) redefine a balloon loan that is a "qualified mortgage" to specify a balloon loan extended by a creditor that originates and retains balloon loans in a portfolio for at least three years, and, together with all affiliates, has total assets of $10 billion or less. Amends the Real Estate Settlement Procedures Act of 1974 to direct the Consumer Financial Protection Bureau (CFPB) to provide either exemptions or adjustments from the mortgage loan servicing and escrow account administration requirements of the Act for servicers of 20,000 or fewer mortgage loans. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to require federal financial institutions regulatory agencies to establish a $250,000 threshold level at or below which a certified or licensed appraiser is not required to perform appraisals in connection with federally related transactions. Declares that, if an order to request for the transfer of funds (entry) is received via an automate clearing house, a receiving depository financial institution shall not be required to verify that the entry is not a prohibited transaction if the originating depository financial institution has warranted its compliance with the sanctions programs administered by the Office of Foreign Assets Control in connection with the entry.

CLEAR Relief Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Research Product Commercialization Act''. SEC. 2. ESTABLISHMENT OF PROCESS REGARDING REASONABLE PRICES FOR PRODUCTS DEVELOPED AS CONSEQUENCE OF FUNDING BY NATIONAL INSTITUTES OF HEALTH. Part G of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by inserting after section 498 the following section: ``reasonable prices for products developed with assistance of institutes ``Sec. 498B. (a) In General.--Subject to the provisions of this section, for fiscal year 1994 and subsequent fiscal years, a project of biomedical research relating to the development of a drug, device, or other tangible product may not be conducted or supported by any agency of the National Institutes of Health unless there are in effect such regulations issued by the Secretary as may be necessary to ensure that, in the event the product is (in accordance with applicable law) to be made available to the public, there is compliance with the following: ``(1) The research entity, in accordance with this section, will ensure that the commercial parties involved make the product available to the public at a reasonable price, and that the commercial parties pay to the National Institutes of Health royalties reasonably related to the amounts expended by such Institutes with respect to the product. ``(2) For purposes of paragraph (1), the research entity will conduct a competitive process of bidding in order to select entities to serve as commercial parties regarding the product. With respect to such bidding, a solicitation of applications containing bids will be published in the Federal Register. ``(3) Applicants under paragraph (2) will not be approved by the research entity as commercial parties regarding the project unless the following conditions are met: ``(A) The application specifies a formula for determining the price at which the product will be made available to the public, and the formula results in a price that is in accordance with paragraph (1). ``(B) The application specifies the royalties to be paid to the National Institutes of Health, and the royalties are in accordance with paragraph (1). ``(C) The application demonstrates that the applicant possesses the appropriate biomedical and commercial expertise. ``(D) The application is in such form, is made in such manner, and contains such other information as the Secretary may require. ``(4)(A) Subject to subparagraph (B), in selecting commercial parties under paragraph (3), the research entity will, if there are a sufficient number of qualified applicants, approve such applications as may be necessary to ensure that commercial parties compete in making the product available to the public. ``(B) The research entity will comply with subparagraph (A) only to the extent not inconsistent with paragraph (1). ``(5)(A) If there is an insufficient number of qualified applicants to provide for competing commercial parties, the research entity will, in approving applications to provide for an exclusive arrangement for making the product available to the public, require that the applicants negotiate prices and royalties under paragraph (1) with the Secretary. ``(B) If an exclusive arrangement under subparagraph (A) is to be made, the Secretary will publish in the Federal Register a notice of such fact. ``(C) An exclusive arrangement under subparagraph (A) will not become legally binding until the expiration of the 90- period beginning on the date on which the notice required in subparagraph (B) with respect to the arrangement is published in the Federal Register. ``(b) Applicability.--Subsection (a) applies with respect to a drug, device, or other tangible product only if the project of research involved provides a material contribution to achieving status as a drug, device, or other product that, under applicable law, is permitted to be made available to the public. ``(c) Required Agreements.--With respect to a project of research described in subsection (a), regulations under such subsection shall, in the case of the non-Federal entities involved, impose the requirements of this section as required agreements between such entities and the National Institutes of Health, including (if the project is supported by such Institutes) imposing the requirements as conditions of the receipt from such Institutes of the award of the grant, cooperative agreement, or contract for the conduct of the project. Conditions for such awards shall, as necessary, include conditions governing the arrangements that the research entity involved makes with entities to serve as commercial parties regarding the drug, device, or other tangible product involved, without regard to whether the National Institutes of Health is a direct party to such arrangements. ``(d) Consultations Regarding Regulations.--In issuing regulations pursuant to subsection (a), the Secretary shall consult with the Director of NIH and with the Administrator of the Health Care Financing Administration. ``(e) Definitions.--For purposes of this section: ``(1) The term `commercial parties' means the parties that make available to the public a drug, device, or other tangible product. ``(2) The term `make available', with respect to the use by the public of a drug, device, or other tangible product, means-- ``(A) to manufacture the product; or ``(B) to sell or trade the product, or to offer to sell or trade the product. ``(3) The term `product' means a drug, device, or other tangible product. ``(4)(A) The term `research entity', with respect to project of biomedical research described in subsection (a), means the entity with the principal property interest in the results of the research, without regard to whether the entity is the National Institutes of Health or a non-Federal entity. ``(B) An entity is a research entity under subparagraph (A) without regard to whether the property interest in the results of the project involved-- ``(i) is directly in the drug, device, or other product that is the subject of the project; or ``(ii) is only in findings that relate to the product.''.

Federal Research Product Commercialization Act - Amends the Public Health Service Act to require that a biomedical research project relating to the development of a drug, device, or other tangible product may not be supported by the National Institutes of Health (NIH) unless there is in effect an agreement ensuring that any commercial parties involved in the project make the product available to the public at a reasonable price and that the commercial parties pay NIH royalties reasonably related to the amounts NIH spent with respect to the product.

Federal Research Product Commercialization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Support of American Eagle Silver Bullion Program Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the American Eagle silver bullion coin leads the global market, and is the largest and most popular silver coin program in the United States; (2) established in 1986, the American Eagle silver bullion program is the most successful silver bullion program in the world; (3) from fiscal year 1995 through fiscal year 2001, the American Eagle silver bullion program generated-- (A) revenues of $264,100,000; and (B) sufficient profits to significantly reduce the national debt; (4) with the depletion of silver reserves in the Defense Logistic Agency's Strategic and Critical Materials Stockpile, it is necessary for the Department of the Treasury to acquire silver from other sources in order to preserve the American Eagle silver bullion program; (5) with the ability to obtain silver from other sources, the United States Mint can continue the highly successful American Eagle silver bullion program, exercising sound business judgment and market acquisition practices in its approach to the silver market, resulting in continuing profitability of the program; (6) in 2001, silver was commercially produced in 12 States, including, Alaska, Arizona, California, Colorado, Idaho, Missouri, Montana, Nevada, New Mexico, South Dakota, Utah, and Washington; (7) Nevada is the largest silver producing State in the Nation, producing-- (A) 17,500,000 ounces of silver in 2001; and (B) 34 percent of United States silver production in 2000; (8) the mining industry in Idaho is vital to the economy of the State, and the Silver Valley in northern Idaho leads the world in recorded silver production, with over 1,100,000,000 ounces of silver produced between 1884 and 2001; (9) the largest, active silver producing mine in the Nation is the McCoy/Cove Mine in Nevada, which produced more than 107,000,000 ounces of silver between 1989 and 2001; (10) the mining industry in Idaho-- (A) employs more than 3,000 people; (B) contributes more than $900,000,000 to the Idaho economy; and (C) produces $70,000,000 worth of silver per year; (11) the silver mines of the Comstock lode, the premier silver producing deposit in Nevada, brought people and wealth to the region, paving the way for statehood in 1864, and giving Nevada its nickname as ``the Silver State''; (12) mines in the Silver Valley-- (A) represent an important part of the mining history of Idaho and the United States; and (B) have served in the past as key components of the United States war effort; and (13) silver has been mined in Nevada throughout its history, with every significant metal mining camp in Nevada producing some silver. SEC. 3. PURCHASE OF SILVER BY THE SECRETARY OF THE TREASURY. (a) Purchase of Silver.-- (1) In general.--Section 5116(b)(2) of title 31, United States Code, is amended by inserting after the second sentence the following: ``At such time as the silver stockpile is depleted, the Secretary shall obtain silver as described in paragraph (1) to mint coins authorized under section 5112(e). If it is not economically feasible to obtain such silver, the Secretary may obtain silver for coins authorized under section 5112(e) from other available sources. The Secretary shall not pay more than the average world price for silver under any circumstances. As used in this paragraph, the term `average world price' means the price determined by a widely recognized commodity exchange at the time the silver is obtained by the Secretary.''. (2) Rulemaking authority.--The Secretary of the Treasury shall issue regulations to implement the amendments made by paragraph (1). (b) Study Required.-- (1) Study.--The Secretary of the Treasury shall conduct a study of the impact on the United States silver market of the coins minted and issued under section 5112(e) of title 31, United States Code, commonly referred to as the ``American Eagle silver bullion program''. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury shall submit a report of the study conducted under paragraph (1) to the chairman and ranking minority member of-- (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Financial Services of the House of Representatives. (c) Annual Report.-- (1) In general.--The Director of the United States Mint shall prepare and submit to Congress an annual report on the purchases of silver made pursuant to this Act and the amendments made by this Act. (2) Concurrent submission.--The report required by paragraph (1) may be incorporated into the annual report of the Director of the United States Mint on the operations of the mint and assay offices, referred to in section 1329 of title 44, United States Code.

Support of American Eagle Silver Bullion Program Act - Requires the Secretary of the Treasury to obtain silver from other available sources when the U.S. silver stockpile is depleted. Prohibits the Secretary from paying more than the average world price for silver under any circumstances.

To authorize the Secretary of the Treasury to purchase silver on the open market when the silver stockpile is depleted, to be used to mint coins.

SECTION 1. TEMPORARY DUTY SUSPENSION FOR PERSONAL EFFECTS OF 1995 SPECIAL OLYMPICS WORLD GAMES PARTICIPANTS. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.98.04 All of the following No change Free On or before goods not intended for 8/1/95 '' commercial sale: . personal effects of participants in, officials of, or accredited members of delegations to, the 1995 Special Olympics World Games, and of persons who are immediate family members of any of the foregoing persons; equipment and materials imported in connection with the 1995 Special Olympics World Games by or on behalf of the foregoing persons or the organizing committee of such games; other equipment and materials intended for use or consumption at or in connection with the 1995 Special Olympics World Games or related cultural or educational exhibitions; and such other related goods as may be prescribed by the Secretary of the Treasury............... Free (b) Authority of the Commissioner of Customs.--The Commissioner of Customs is authorized to waive the requirements for entry of bond, or such other requirements as the Commissioner deems appropriate, that are otherwise applicable under the customs regulations to goods described in heading 9902.98.04 of the Harmonized Tariff Schedule of the United States (as added by subsection (a)). Such goods shall be free of taxes which may be otherwise applicable. SEC. 2. EFFECTIVE DATE. (a) In General.--The amendment made by section 1 applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. (b) Reliquidation.--Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon proper request filed with the appropriate customs officer within 60 days after the date of the enactment of this Act, any entry, or withdrawal from warehouse for consumption, that was made-- (1) after December 31, 1993, and before the date which is 15 days after the date of the enactment of this Act, and (2) with respect to which there would have been no duty if the amendment made by section 1 applied to such entry or withdrawal, shall be liquidated or reliquidated as though such amendment applied to such entry or withdrawal.

Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment, through August 1, 1995, to the personal effects of, and other equipment and materials intended for use by, participants, their immediate families, and officials involved in the 1995 Special Olympics World Games.

To suspend temporarily the duty on the personal effects of participants in, and certain other individuals associated with, the 1995 Special Olympics World Games.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Office of Inspector General Oversight Council Act of 1998''. SEC. 2. ESTABLISHMENT OF OFFICE OF INSPECTOR GENERAL OVERSIGHT COUNCIL. The Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App.) is amended by adding at the end the following new section: ``SEC. 13. OFFICE OF INSPECTOR GENERAL OVERSIGHT COUNCIL. ``(a) Establishment.--There is hereby established as an independent establishment in the executive branch a council to be known as the `Office of Inspector General Oversight Council' (in this section referred to as the `Council'), the purpose of which shall be to oversee and review the actions and activities of the Offices of Inspector General of establishments and designated Federal entities. ``(b) Composition; Qualifications.--(1) The Council shall be composed of seven members (in this section referred to as the `Members'), who shall be appointed as follows: ``(A) One member shall be appointed by the Speaker of the House of Representatives. ``(B) One member shall be appointed by the minority leader of the House of Representatives. ``(C) One member shall be appointed by the majority leader of the Senate. ``(D) One member shall be appointed by the minority leader of the Senate. ``(E) Three members shall be selected jointly by the Inspectors General of establishments and designated Federal entities. ``(2) Members shall be appointed from among-- ``(A) Inspectors General of establishments and designated Federal entities; and ``(B) private United States citizens. ``(c) Appointment; Staggering of Terms.--(1) Except as provided in paragraph (4), Members shall be appointed for a term of 3 years. Any vacancy in the Council shall be filled in the same manner as the original appointment. ``(2) Members shall be limited to service of 2 terms on the Council. ``(3) All appointments to the Council shall be made not later than 90 days after the date of the enactment of the Office of Inspector General Oversight Council Act of 1998. ``(4) Members initially appointed to the Council under subparagraphs (A) through (D) of subsection (b)(1) shall be so appointed for a term of two years. ``(d) Duties.--The duties of the Council shall be as follows: ``(1) To hear and investigate complaints with respect to decisions and actions of Offices of Inspector General regarding fraud and abuse in programs and operations of establishments and other designated Federal entities and other activities prohibited by law, rule, or regulation. ``(2) To issue recommendations and advice regarding such complaints. ``(3) In hearing and investigating such complaints, to provide a means by which information regarding fraud and abuse, violations of law, rules, or regulations, mismanagement, waste of funds, abuse of authority, or danger to public health or safety may be disclosed without fear of retaliation or disclosure of the identity of the person bringing the complaint. ``(e) Pay of Members.--Members of the Council shall not be paid by reason of their work on the Council. ``(f) Travel Expenses.--The members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. ``(g) Information.--The Council may secure directly from any department or agency of the United States information that the Council considers necessary to enable the Council to carry out its responsibilities under this Act. ``(h) Cooperation From Government Officials.--In carrying out its duties, any United States Government official responsible for providing the Council with information necessary for the fulfillment of its responsibilities shall cooperate fully with the Council. ``(i) Staff.--The Council may appoint a staff director and such additional personnel as may be necessary to enable the Council to perform its duties. The Council may fix the pay of the staff director and other personnel, except that the rate of pay fixed under this paragraph for the staff director may not exceed the rate payable for level IV of the Executive Schedule under section 5316 of title 5, United States Code, and the rate of pay for other personnel may not exceed the maximum rate payable for grade GS-15 of the General Schedule. ``(j) Procurement of Temporary and Intermittent Services.--The Council may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of pay payable for level V of the Executive Schedule under section 5316 of such title. ``(k) Postal and Printing Services.--The Council may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the United States. ``(l) Experts and Consultants.--The Council may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. ``(m) Notification to Congress.--The Council shall-- ``(1) notify the Committee on Government Reform and Oversight of the House of Representatives and the Committee on Governmental Affairs of the Senate regarding activities and recommendations of the Council; and ``(2) notify the Committee on National Security of the House of Representatives and the Committee on Armed Services of the Senate regarding activities and recommendations of the Council with respect to the Department of Defense.''.

Office of Inspector General Oversight Council Act of 1998 - Amends the Inspector General Act of 1978 to establish an Office of Inspector General Oversight Council as an independent establishment in the executive branch to oversee and review the actions and activities of the Offices of Inspector General of establishments and designated Federal entities.

Office of Inspector General Oversight Council Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonviolent Futures for Children Act''. SEC. 2. PURPOSE. It is the purpose of this Act to reduce and prevent the incidence of violence involving children through grant programs that encourage prevention, intervention, and the rehabilitation of youth offenders. The accomplishment of this larger purpose will be advanced through the following short-term goals: (1) Teach children to resolve conflicts peacefully, teach older youth life skills, enhance self-esteem among all children, and make schools safer places to learn. (2) Work with the families of school children through parenting education. (3) Educate teachers and other education professionals in violence prevention techniques, and train such teachers and professionals to identify and assist high-risk children. (4) Create partnerships between local schools and community-based organizations or agencies to develop supportive programs for youth in order to meet the academic as well as after-school and social needs of youth. (5) Assist and rehabilitate youth offenders by providing funds for community-based programs. SEC. 3. FINDINGS. The Congress finds that-- (1) youth are disproportionately represented among the victims of violence, for example-- (A) United States teenagers are more than twice as likely as adults to be victims of violent crime; and (B) firearm homicide is the second leading cause of death for all youth, aged 15 to 24; (2) child abuse and neglect are increasing at alarming rates, for example-- (A) child abuse fatalities increased nearly 50 percent between 1986 and 1992; (B) more than one-half of such fatalities resulted from physical abuse; and (C) child abuse and neglect reports have increased 50 percent since 1985; and (3) violence is cyclical, for example-- (A) being abused or neglected as a child increases the likelihood of arrest for violent crime by 38 percent, of juvenile arrest by 53 percent, and of adult arrest by 38 percent; (B) two-thirds of men who abuse their wives are from violent childhood homes and about one-half of such men were abused as children; and (C) eighty-four percent of prison inmates were abused as children. SEC. 4. GRANTS FOR PREVENTION ACTIVITIES. (a) Program Authorized.-- (1) In general.--The Secretary shall award grants on a competitive basis to eligible local educational agencies to enable such agencies to pay the Federal share of the cost of providing preventive services and interventions intended to reduce the incidence of violence. (2) Grant duration.--A grant under this section shall be awarded for a period of not less than 3 years nor more than 5 years. (b) Eligible Local Educational Agency.--For the purpose of this section, the term ``eligible local educational agency'' means a local educational agency that-- (1) receives assistance under chapter 1 of title I of the Elementary and Secondary Education Act of 1965; (2) serves an area in which there is a high rate of violence affecting children and youth; and (3)(A) in the case of a local educational agency conducting activities described in subparagraphs (A) and (B) of subsection (f)(2), enters into a partnership agreement with at least one community-based organization or agency, such as a business, labor organization, professional society, government agency, university or nonprofit entity, to carry out such activities; (B) in the case of a local educational agency conducting activities described in subparagraph (D) of subsection (f)(2), demonstrates to the satisfaction of the Secretary in the application submitted under subsection (d) a commitment for participation in such activities from a local law enforcement agency; and (C) in the case of a local educational agency conducting activities described in subparagraph (E) of subsection (f)(2), enters into a partnership agreement with at least one community-based organization or agency described in subparagraph (A) to carry out such activities, which agreement shall require such agency or organization to provide substantive training, work experience, or job placement services after the job training described in such subparagraph (E) is complete. (c) Payments; Federal Share; Limitation.-- (1) Payments.--The Secretary shall pay to each eligible local educational agency having an application approved under subsection (d) the Federal share of the cost of the activities described in the application. (2) Federal share.--The Federal share-- (A) for the first year for which an eligible local educational agency receives assistance under this section shall be 80 percent; (B) for the second such year shall be 70 percent; and (C) for the third and each succeeding such year shall be 50 percent. (3) Non-federal share.--The non-Federal share of payments under this section may be in cash or in kind fairly evaluated, including planned equipment or services. (d) Applications.--Each eligible local educational agency desiring a grant under this section shall submit to the Secretary an application at such time, in such manner and accompanied by such information as the Secretary may reasonably require. Each such application shall include-- (1) an assessment of the extent and nature of the violence affecting children and youth in the community served by such agency; (2) an assurance that the applicant has written policies regarding violence, school safety, and student discipline; (3) a description of the activities to be carried out with the grant funds, and how such activities will help address the problem of youth violence in the community; (4) the applicant's plan to involve parents, teachers, school personnel, youth and others from the community in the applicant's effort to address youth violence; (5) coordination with other school reform and improvement efforts; (6) an assurance that grant funds will be used to supplement and not supplant State and local funds available to reduce and prevent the incidence of violence involving children; and (7) such other information the Secretary may require. (e) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible local educational agencies serving areas with-- (1) a high concentration of disadvantaged students; and (2) a high rate of violence affecting children and youth. (f) Use of Funds.-- (1) School-based activities.--A local educational agency receiving a grant under this section may use such grant funds to provide one or more of the following school-based activities: (A) Peer education or peer mediation, to teach youth to resolve conflicts through peer influence. (B) Conflict resolution training, to teach youth conflict management skills, including how to defuse a potentially violent situation. (C) Social skills training, with an emphasis on building self-esteem, improving interpersonal relationships and communication skills, and decreasing aggressive behavior. (D) Youth designed and developed programs, to address the problem of violence. (E) Parenting education, as age-appropriate, to prepare students for adult responsibilities of rearing children, including instruction in child development and family dynamics. (F) Postsecondary educational opportunity projects, including-- (i) exposure to postsecondary educational opportunities, including academic and vocational opportunities; (ii) information on assistance available under title IV of the Higher Education Act of 1965, including financial aid, programs assisted under chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (Federal TRIO Programs), and early intervention programs; (iii) early identification of students at- risk; and (iv) other support services. (G) Remodeling and security personnel, including minor remodeling to reduce the risk of violence, such as removing lockers, installing better lights, controlling access to stairwells, acquiring and installing metal detectors, hiring security personnel, and reimbursing law enforcement authorities for services. (2) School-community partnership activities.--A local educational agency receiving a grant under this section may use such grant funds to provide one or more of the following school-community partnership activities: (A) After-school programs for youth which, at a minimum, shall include academic support programs, sports, arts, crafts, community service and recreation activities. (B) Mentoring programs to pair adults with children and youth to provide one-to-one assistance, attention and guidance. (C) Parenting skills courses, offered with the support of parents in the community, to provide parents of students served by the eligible local educational agency with parenting skills training. (D) Professional training, to train education professionals and school personnel in violence prevention, conflict resolution, anger management, and peer mediation techniques, and to identify high-risk youth and refer such youth for appropriate services. (E) Job training and placement programs, including-- (i) the provision of incentives for participants to complete their secondary education; (ii) the provision of job training with subsequent employment placement in a position which directly utilizes the training provided; and (iii) the exposure to postsecondary educational opportunities, including academic and vocational opportunities. (3) Limitation.--An eligible local educational agency receiving a grant under this section in any fiscal year shall not use more than-- (A) 10 percent of such grant funds in such fiscal year for the activities described in subsection (f)(1)(G) of this section; and (B) 5 percent of such grant funds in such fiscal year for administrative expenses associated with activities assisted under this section. (4) Special rule.--In developing professional training programs described in paragraph (2)(D), an eligible local educational agency is encouraged-- (A) to contract for services with organizations demonstrating expertise in such programs; and (B) to work with other representatives of organizations and agencies, including court personnel, social workers, representatives of law enforcement, and medical, mental health, and other health professionals. SEC. 5. GRANTS FOR PROGRAMS TO SERVE OUT-OF-SCHOOL YOUTH AND YOUTH OFFENDERS. (a) Program Authorized.-- (1) Authority.-- (A) In general.--The Secretary shall award grants, on a competitive basis, to eligible entities to enable such agencies to pay the Federal share of the cost of establishing community-based programs that-- (i) assist out-of-school youth and rehabilitate youth offenders; and (ii) provide opportunities for such youth to continue their education or obtain job training. (B) Consultation.--The Secretary shall consult with the Attorney General in developing program guidelines and awarding grants under this section. (2) Grant duration.--A grant under this section shall be awarded for a period of not less than 3 years nor more than 5 years. (b) Eligible Entities.--For the purpose of this section, the term ``eligible entity'' means either a State educational agency or a local educational agency that enters into a partnership agreement to carry out the program assisted under this section with at least one community-based youth organization and the appropriate juvenile justice agency serving such State educational agency or local educational agency. (c) Payments; Federal Share; Limitation.-- (1) Payments.--The Secretary shall pay to each eligible entity having an application approved under subsection (d) the Federal share of the cost of the activities described in the application. (2) Federal share.--The Federal share-- (A) for the first year for which an eligible entity receives assistance under this section shall be 80 percent; (B) for the second such year shall be 70 percent; and (C) for the third and each succeeding such year shall be 50 percent. (3) Non-federal share.--The non-Federal share of payments under this section may be in cash or in kind fairly evaluated, including planned equipment or services. (d) Application.--Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner and accompanied by such information as the Secretary may reasonably require. Each such application shall include-- (1) an assessment of the population of out-of-school youth and youth offenders to be served; (2) a description of the program to be carried out with the grant funds, and how such program will help meet the needs of out-of-school youth and youth offenders; (3) a description of members of the partnership described in subsection (b) that are involved in the program, such member's roles and functions in carrying out the program, and the strength of such member's commitment to the goals of the program; (4) the applicant's plan to involve parents, employers, teachers and other school personnel, and community members in designing and carrying out the program; (5) an assurance that the grant funds will be used to supplement and not supplant State and local funds available to provide opportunities for out-of-school youth and rehabilitate youth offenders; (6) a description of the ability of the community-based youth organization participating in the partnership described in subsection (b) to link youth with other social services as needed; and (7) such other information the Secretary may require. (e) Priority.--In awarding grants under this section, the Secretary shall give priority to eligible entities serving areas with-- (1) a high concentration of out-of-school youth or youth offenders; and (2) a high rate of violence affecting children and youth. (f) Use of Funds.--An eligible entity receiving a grant under this section shall use such grant funds to provide a community-based program for out-of-school youth and youth offenders, which program shall include one or more of the following elements: (1) A system designed to provide peer and adult support and redirection. (2) Incentives for out-of-school youth and youth offenders to continue their education through continuing secondary education, vocational training, school-to-work programs, postsecondary education or other opportunities. (3) Assessment of such youths' needs, and referrals by the community-based youth organization participating in the partnership described in subsection (b) to appropriate services. (4) Community service. (5) Job training and placement opportunities. (6) Access to mentoring services. (7) Other services, as approved by the Secretary, designed to provide rehabilitative opportunities for such youth. SEC. 6. REPORTING REQUIREMENT. The Secretary shall prescribe annual reporting requirements for eligible entities receiving assistance under this Act, including requirements regarding-- (1) the characteristics of the youth served under this Act; (2) the incidence of violence in the area served by a local educational agency receiving assistance under this Act; and (3) the accomplishments of the activities assisted under this Act, and assessment of such activities by students and youth served by such activities. SEC. 7. DEFINITIONS. The terms used in this Act shall have the meaning given to such terms in section 1471 of the Elementary and Secondary Education Act of 1965. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $100,000,000 in each fiscal year to carry out this Act. (b) Limitation.--Not more than 20 percent of the funds appropriated in any fiscal year pursuant to the authority of subsection (a) shall be available to award grants pursuant to section 5 in such fiscal year. S 1462 IS----2

Nonviolent Futures for Children Act - Directs the Secretary of Education to award competitive grants to eligible local educational agencies for preventive services and interventions to reduce the incidence of violence. Gives priority to areas with high concentrations of disadvantaged students and high rates of violence affecting children and youth. Allows such grants to be used for: (1) school-based activities, including peer education or mediation, conflict resolution training, social skills training, youth designed and developed programs, parenting education, postsecondary educational opportunity projects, or remodeling and security personnel; or (2) school-community partnership activities, including after-school programs, mentoring programs, parenting skills courses, professional training for school personnel, or job training and placement. Directs the Secretary to award competitive grants to eligible entities for establishing community-based programs to: (1) assist out-of-school youth and rehabilitate youth offenders; and (2) provide opportunities for such youth to continue their education or obtain job training. Gives priority to areas with high concentrations of out-of-school youth or youth offenders and high rates of violence affecting children and youth. Allows such grants to be used for community-based programs, including peer and adult support and redirection, incentives for continuing education, assessments of needs and referrals to appropriate services, community service, job training and placement opportunities, mentoring services, and other rehabilitative opportunities. Authorizes appropriations.

Nonviolent Futures for Children Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Open EAJA Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Equal Access to Justice Act, established in 1980 to provide small businesses, individuals, and public interest groups the opportunity to recover attorney fees and costs, is funded through a permanent Congressional appropriation. (2) The Equal Access to Justice Act, as passed, includes statutory reporting requirements to Congress on the administration and payments funded through the Act. (3) The Department of Justice and the Administrative Conference of the United States ceased reporting to Congress on EAJA payments and administration in 1995. (4) Payments authorized by EAJA have continued every year without Congressional oversight. SEC. 3. DATA COMPILATION, REPORTING, AND PUBLIC ACCESS. (a) Reporting in Agency Adjudications.--Section 504(c) of title 5, United States Code, is amended-- (1) in subsection (c)(1), by striking ``After consultation with the Chairman of the Administrative Conference of the United States, each'' and inserting ``Each''; and (2) by striking subsection (e) and inserting the following: ``(e)(1) The Attorney General of the United States shall issue an annual, online report to the Congress on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this section. The report shall describe the number, nature, and amount of the awards, the claims involved in the controversy, a justification for awards exceeding the cap provided in subsection (b)(1)(A), and any other relevant information that may aid the Congress in evaluating the scope and impact of such awards. The report shall be made available to the public online, and contain a searchable database, total awards given, and total number of applications for the award of fees and other expenses that were filed, defended, and heard, and shall include, with respect to each such application, the following: ``(A) Name of the party seeking the award of fees and other expenses. ``(B) The agency to which the application for the award was made. ``(C) The name of administrative law judges in the case. ``(D) The disposition of the application, including any appeal of action taken on the application. ``(E) The hourly rates of attorneys and expert witnesses stated in the application that was awarded. ``(2) The report under paragraph (1) shall cover payments of fees and other expenses under this section that are made pursuant to a settlement agreement. ``(3) Each agency shall provide the Attorney General with such information as is necessary for the Attorney General to comply with the requirements of this subsection.''. (b) Reporting in Court Cases.--Section 2412(d) of title 28, United States Code, is amended by inserting after paragraph (4), the following new paragraph: ``(5) The Attorney General of the United States shall issue an annual, online report to the Congress on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection. The report shall describe the number, nature, and amount of the awards, the claims involved in the controversy, a justification for awards exceeding the cap provided in paragraph (2)(A)(ii), and any other relevant information that may aid the Congress in evaluating the scope and impact of such awards. The report shall be made available to the public online and shall contain a searchable database of total awards given and the total number of cases filed, defended, or heard, and shall include with respect to each such case the following: ``(A) The name of the party seeking the award of fees and other expenses in the case. ``(B) The district court hearing the case. ``(C) The names of presiding judges in the case. ``(D) The name of the agency involved in the case. ``(E) The disposition of the application for fees and other expenses, including any appeal of action taken on the application. ``(F) The hourly rates of attorneys and expert witnesses stated in the application that was awarded. The report under this paragraph shall cover payments of fees and other expenses under this subsection that are made pursuant to a settlement agreement.''. SEC. 4. GAO STUDY. Not later than 30 days after the date of enactment of this Act, the Comptroller General shall commence an audit of the Equal Access to Justice Act for the years 1995 through the end of the calendar year in which this Act is enacted. The Comptroller General shall, not later than 1 year after the end of the calendar year in which this Act is enacted, complete such audit and submit to the Congress a report on the results of the audit.

Open EAJA Act of 2010 - Directs the Attorney General to issue an annual online report to Congress and the public on the amount of attorney fees and other expenses awarded during the preceding fiscal year pursuant to the law commonly known as the Equal Access to Justice Act (EAJA). Directs the Comptroller General to commence an audit of the Equal Access to Justice Act for 1995 through the end of the calendar year in which this Act is enacted, and report to Congress on the audit results.

To require the Attorney General of the United States to compile, and make publically available, certain data relating to the Equal Access to Justice Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Childhood Nutrition Improvement Act''. SEC. 2. ELIGIBILITY CERTIFICATION CRITERIA FOR PROPRIETARY CHILD CARE CENTERS. Section 17(a)(6) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(a)(6)) is amended-- (1) in subparagraph (E), by striking ``and'' at the end; (2) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(G) in the case of an institution described in paragraph (2)(B), the eligibility determination shall be in effect for 6 months after the date such institution is approved by the State under section 17(d).''. SEC. 3. REVIEW OF SERIOUS DEFICIENCY PROCESS. Section 17(d)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(d)(5)) is amended by adding at the end the following: ``(F) Serious deficiency process.-- ``(i) In general.--Not later than 1 year after the date of enactment of this subparagraph, the Secretary shall review and issue guidance and, as appropriate, regulations regarding the serious deficiency process for the program under this section. ``(ii) Review.--In carrying out clause (i), the Secretary shall review, at a minimum, the processes for, and those involved in-- ``(I) determining when there is a serious deficiency, including-- ``(aa) what measures automatically result in a finding of serious deficiency; and ``(bb) how differentiation is being made between-- ``(AA) a reasonable margin of human error and systematic or intentional noncompliance; and ``(BB) State- specific requirements and Federal regulations; ``(II) appealing and mediating a finding of serious deficiency, including-- ``(aa) findings related to State-specific requirements; and ``(bb) processes for ensuring officials involved in appeals and mediation are fair and impartial; ``(III) determining the circumstances under which a corrective action plan is acceptable; and ``(IV) termination and disqualification, including maintenance of the list under subparagraph (E). ``(iii) Guidance and regulations.-- ``(I) In general.--After conducting the review under clause (ii), the Secretary shall make findings from the information collected and issue guidance and, as appropriate, regulations from such findings that will assist sponsoring organizations, State agencies, and the Food and Nutrition Service in ensuring a fair, uniform, and effective administration of the serious deficiency process, while retaining program integrity. ``(II) Scope.--Such guidance or, as appropriate, regulations shall include-- ``(aa) clarity on the different measures for noncompliance; ``(bb) appeals process for a finding of serious deficiency or a determination that a corrective action plan is inadequate; and ``(cc) adequate timeframes under a corrective action plan for compliance that are consistent for all types of institutions, including family or group day care homes.''. SEC. 4. AUTHORIZATION OF REIMBURSEMENTS FOR ADDITIONAL MEAL OR SNACK. Section 17(f)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(2)) is amended-- (1) by striking ``(2)(A) Subject to subparagraph (B) of this paragraph'' and inserting the following: ``(2) Disbursements.-- ``(A) In general.--Subject to subparagraph (B)''; and (2) by amending subparagraph (B) to read as follows: ``(B) Limitation.--No reimbursement may be made to any institution under this paragraph, or to family or group day care home sponsoring organizations under paragraph (3), for more than-- ``(i) 2 meals and 1 supplement or 1 meal and 2 supplements per day per child; or ``(ii) 3 meals and 1 supplement or 2 meals and 2 supplements per day per child, for each child that is maintained in a child care setting for more than 8 hours per day.''. SEC. 5. ADJUSTMENTS. Section 17(f)(3)(A) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(A)) is amended by striking ``Consumer Price Index for food at home'' each place it appears and inserting ``Consumer Price Index for food away from home''. SEC. 6. ADVISORY COMMITTEE ON PAPERWORK REDUCTION. Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended by adding at the end the following: ``(v) Advisory Committee on Paperwork Reduction.-- ``(1) Establishment.--Not later than 180 days after the date of the enactment of this subsection, the Secretary shall establish an advisory committee (hereafter in this subsection referred to as the `Advisory Committee') to carry out the duties described in paragraph (2). ``(2) Duties.--The duties of the Advisory Committee shall be to-- ``(A) examine the feasibility of reducing unnecessary or duplicative paperwork resulting from regulations and recordkeeping requirements, including paperwork resulting from additional State requirements, for those participating or seeking to participate in the program under this section including State agencies, family child care homes, child care centers, and sponsoring organizations; and ``(B) provide recommendations to reduce such paperwork for participants in the program under this section while ensuring that proper accountability and program integrity are maintained. ``(3) Membership.--The Advisory Committee shall be composed of 1 member representing each of the following entities and such other members as the Secretary determines to be appropriate: ``(A) A public nonprofit center. ``(B) A private nonprofit center. ``(C) A family or group day care home. ``(D) A Head Start center. ``(E) A for-profit center. ``(F) An emergency shelter. ``(G) An adult day care center. ``(H) A State agency. ``(I) Sponsoring organizations for centers and family or group day care homes. ``(J) An anti-hunger advocacy organization. ``(K) An at-risk, after school program. ``(L) A child care advocacy organization. ``(4) Considerations.--In developing the recommendations described in paragraph (2), the Advisory Committee shall consider-- ``(A) information, recommendations, and reports from the Paperwork Reduction Work Group established by the Food and Nutrition Service pursuant to section 119(i) of the Child Nutrition and WIC Reauthorization Act of 2004 (Public Law 108-265; 118 Stat. 755); and ``(B) the use of electronic systems and recordkeeping technologies to reduce paperwork for program participants. ``(5) Guidance and regulations.--Not later than 2 years after the date of the enactment of this subsection, the Secretary shall issue guidance and, as appropriate, regulations based on the recommendations described in paragraph (2) for streamlined and consolidated paperwork and recordkeeping requirements for the program, including recommendations for reducing paperwork for applications and monitoring and auditing requirements. ``(6) Report.-- ``(A) In general.--Not later than 180 days after issuing the guidance and regulations described in paragraph (5), the Secretary shall submit a report to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and the Workforce of the House of Representatives containing the information described in subparagraph (B). ``(B) Contents.--The report under subparagraph (A) shall contain the following: ``(i) In each case in which the Secretary did not implement a recommendation of the Advisory Committee, an explanation of why such recommendation was not implemented. ``(ii) Recommendations for legislative action that may further strengthen and streamline the program application and monitoring process and reduce administrative burdens on grantees, program participants, and local, State, and Federal governments.''.

Early Childhood Nutrition Improvement Act This bill amends the Richard B. Russell National School Lunch Act to revise several provisions related to the child and adult care food program. Under current law: (1) an institution that provides child or day care under the program may be reimbursed for up to two meals and one supplement per day per child; and (2) a family or group day care home sponsoring organization may receive the same maximum reimbursement, but only with respect to a child maintained in a child care setting for at least eight hours per day. The bill eliminates this distinction between institutions and sponsoring organizations, and increases maximum reimbursement for both to: (1) two meals and one supplement or one meal and two supplements per day per child; or (2) three meals and one supplement or two meals and two supplements per day per child, for each child maintained in a child care setting for at least eight hours per day. Reimbursements to family or group day care home sponsoring organizations must be adjusted annually to reflect the Consumer Price Index for food away from home, rather than the Consumer Price Index for food at home used under current law. A determination of a for-profit day care center's eligibility to participate in the program shall be in effect for six months. The Department of Agriculture (USDA) must issue guidance and, as appropriate, regulations to assist in ensuring a fair and effective process for the identification, review, and correction of serious program deficiencies. USDA shall establish an advisory committee to examine the feasibility of reducing unnecessary or duplicative paperwork for those participating or seeking to participate in the program.

Early Childhood Nutrition Improvement Act

SECTION 1. FINDINGS. The Congress finds the following: (1) The political relationship between the United States Territory of American Samoa and the United States is embodied in two separate treaties of cessions: one that was signed on April 17, 1900, between the traditional leaders of the Islands of Tutuila and Aunu'u and the United States; and another that was signed on July 16, 1904, between the traditional leaders of Manu'a and the United States. (2) The Act of February 20, 1929 (48 U.S.C. 1661), whereby Congress officially ratified the two treaties of cessions, stipulates, in subsection (c), that ``Until Congress shall provide for the government of such islands, all civil, judicial, and military powers shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct; and the President shall have power to remove said officers and fill the vacancies so occasioned.'' On June 29, 1951, by Executive Order No. 10264, President Harry S. Truman transferred the administration of American Samoa from the Secretary of the Navy to the Secretary of the Interior. (3) In accordance with article IV, section 3, clause 2 of the United States Constitution, and pursuant to subsection (c) of the Act of February 20, 1929 (48 U.S.C. 1661(c)), Congress hereby authorizes additional jurisdiction to be exercised by the High Court of American Samoa under this Act. SEC. 2. FEDERAL JURISDICTION AND ADMINISTRATIVE DUTIES OF HIGH COURT OF AMERICAN SAMOA. (a) Additional Jurisdiction.--The High Court of American Samoa shall have jurisdiction over any criminal case arising under any law of the United States applicable to American Samoa in which a defendant who is accused of the criminal violation resides in American Samoa and the violation occurred in the territory of American Samoa. (b) Appeals.-- (1) Initial appeal.--A decision of the High Court of American Samoa under subsection (a) may be appealed to the Appellate Division of the High Court of American Samoa not later than 60 days after the date of the decision of the High Court. (2) Appeal to u.s. district court.--A decision of the Appellate Division of the High Court of American Samoa under paragraph (1) may be appealed to the United States District Court for the District of Hawaii not later than 60 days after the date of the decision of the Appellate Division. (3) Further appeals.--A decision of the United States District Court for the District of Hawaii may be appealed as provided in title 28, United States Code. (c) Administrative Duties.--The Chief Justice of the High Court of American Samoa, or the assignee of the Chief Justice, shall administer all matters pertaining to the justices and judges of the courts of American Samoa, and to the clerks and other administrative staff of such courts. (d) Additional Justices.-- (1) Appointment.--The Secretary of the Interior shall appoint 2 or more justices to the High Court of American Samoa as needed. (2) Qualifications.--In appointing individuals under paragraph (1), the Secretary shall consider, in addition to the legal training of the individuals, such individuals' knowledge of the traditional and customary laws of American Samoa. (e) Special Prosecutor.--The Secretary of the Interior shall appoint a special prosecutor for American Samoa, whose responsibility shall be to prosecute all criminal violations of laws of the United States over which the High Court of American Samoa has jurisdiction under subsection (a), pursuant to applicable local procedures of the High Court of American Samoa. In appointing an individual to such office, the Secretary shall consider, in addition to the individual's legal training, such individual's knowledge of the traditional and customary laws of American Samoa. SEC. 3. EFFECTIVE DATE; NEEDS ASSESSMENT. (a) Effective Date.--Subject to subsection (b), this Act shall take effect upon the expiration of the 120-day period beginning on the date of the enactment of this Act. (b) Needs Assessment.--The Secretary of the Interior and the Attorney General of the United States, in consultation with the Chief Justice of the High Court of American Samoa, the Governor of American Samoa, and the President of the Senate and the Speaker of the House of Representatives of American Samoa, shall, by not later than 90 days after the date of the enactment of this Act, assess the increase in staffing and administrative costs required by reason of this Act. SEC. 4. REPORT TO CONGRESS. The Secretary of the Interior shall, not later than 1 year after the date of the enactment of this Act, submit to the Congress a report on the implementation of this Act. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of the Interior $2,000,000 to carry out this Act.

Gives the High Court of American Samoa the jurisdiction over any criminal case arising under any law of the United States applicable to American Samoa in which a defendant resides in American Samoa and the violation occurred in the territory of American Samoa. Directs the Secretary of the Interior to appoint: (1) two or more justices to the High Court of American Samoa as needed; and (2) a special prosecutor for American Samoa, whose responsibility shall be to prosecute all criminal violations of laws of the United States over which the High Court of American Samoa has jurisdiction under this Act.

To confer certain Federal jurisdiction on the High Court of American Samoa, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prohibition on Cloning of Human Beings Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) it has been reported that an adult sheep has been cloned using a technique called somatic cell nuclear transfer; (2) the National Bioethics Advisory Commission (referred to in this Act as the ``NBAC'') has reviewed the scientific and ethical implications of the potential use of such technology to clone human beings; (3) the NBAC has determined that-- (A) somatic cell nuclear transfer technology may have many applications for biotechnology, livestock productions, and new medical approaches including the production of pharmaceutical proteins and prospects for repair, regeneration, or transplant of human tissues or organs; and (B) the possibility of using somatic cell nuclear transfer for the purposes of creating a child entails significant scientific uncertainty and medical risk, which could result in harm to a child; (4) the NBAC concluded unanimously that at this time it is morally unacceptable for anyone in the public or private sector, whether in a research or clinical setting, to attempt to create a child using somatic cell nuclear transfer-cloning; (5) the consensus of the NBAC is based on current scientific information indicating that this technique is not safe to use in humans at this time; (6) in addition to issues of safety, the NBAC identified many additional serious ethical concerns which they agreed require a great deal more widespread and careful public deliberation before this technology may be used; (7) the NBAC recommended a continuation of the current moratorium on the use of Federal funds to support any attempt to create a child by somatic cell nuclear transfer, and an immediate request to all firms, clinicians, investigators, and professional societies to comply voluntarily with the intent of the Federal moratorium; (8) the NBAC further recommended that Federal legislation be enacted to prohibit anyone from attempting, whether in a research or clinical setting, to create a child through somatic cell nuclear transfer cloning; (9) the NBAC also recommended that the United States cooperate with other countries to enforce mutually supported restrictions on this activity; (10) the NBAC specified that such Federal legislation should include a sunset provision and that, prior to the sunset date, an oversight body should review and report on the status of somatic cell nuclear transfer technology and the ethical and social issues associated with its use and recommend whether the prohibition should be continued; (11) the NBAC concluded that any regulatory or legislative actions undertaken to effect the foregoing prohibition should be carefully written so as not to interfere with other important areas of research, such as the cloning of human DNA sequences and cells, which raise neither the scientific nor the ethical issues that arise from the possible creation of children through somatic cell nuclear transfer techniques; (12) the NBAC also found that cloning animals by somatic cell nuclear transfer does not raise the same issues implicated in attempting to use the technique to create a child, and its continuation should only be subject to existing regulations regarding the humane use of animals; and (13)(A) biomedical research facilities, including those conducting cloning, and reproductive services facilities engage in and affect interstate commerce; (B) the products of biomedical research, including cloning, and the services provided by reproductive services facilities move in interstate commerce; (C) patients travel regularly across State lines in order to access reproductive services facilities; and (D) biomedical research facilities, including those conducting cloning, and reproductive services facilities engage scientists, doctors, and other staff in an interstate market, and contract for research and purchase medical and other supplies in an interstate market. SEC. 3. PURPOSES. It is the purpose of this Act to-- (1) prohibit any attempt, in this country or elsewhere, to clone a human being, that is, to use the product of somatic cell nuclear transfer to create a human being genetically identical to an existing or deceased human being; (2) prohibit the use of Federal funds for any of the activities described in paragraph (1); and (3) provide for further review of the ethical and scientific issues associated with the use of somatic cell nuclear transfer in humans. SEC. 4. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by adding at the end the following: ``SEC. 498C. PROHIBITION ON CLONING. ``(a) Definitions.--In this section: ``(1) Cloning.--The term `cloning' means the production of a precise genetic copy of a molecule (including DNA), cell, tissue, organ, plant, animal, or human. ``(2) Nucleus.--The term `nucleus' means the cell structure that houses the chromosomes, and thus the genes. ``(3) Oocyte.--The term `oocyte' means the female germ cell, the egg. ``(4) Somatic cell.--The term `somatic cell' means a mature, diploid cell. ``(5) Somatic cell nuclear transfer.--The term `somatic cell nuclear transfer' means transferring the nucleus of a somatic cell of an existing or deceased human child or adult into an oocyte from which the nucleus or all chromosomes have been or will be removed or rendered inert. ``(b) Prohibitions.--It shall be unlawful for any person or other legal entity, public or private-- ``(1) to implant or attempt to implant the product of somatic cell nuclear transfer into a woman's uterus; ``(2) to ship the product of somatic cell nuclear transfer in interstate or foreign commerce for the purpose of implanting the product of somatic cell nuclear transfer into a woman's uterus, in the United States or elsewhere; or ``(3) to use funds made available under this Act, or any other Act, for an activity prohibited under paragraph (1) or (2). ``(c) Protected Research and Practices.--Nothing in this section shall be construed to restrict areas of biomedical and agricultural research or practices not expressly prohibited in this section, including research or practices that involve the use of-- ``(1) somatic cell nuclear transfer or other cloning technologies to clone molecules, DNA, cells, and tissues; ``(2) mitochondrial, cytoplasmic or gene therapy; or ``(3) somatic cell nuclear transfer techniques to create nonhuman animals. ``(d) National Bioethics Advisory Commission Report.-- ``(1) In general.--Not later than 4\1/2\ years, and subsequently, 9\1/2\ years, after the date of enactment of this section, the National Bioethics Advisory Commission shall prepare and submit to the President and Congress a report concerning-- ``(A) the state of the science of cloning and relevant developments in cell biology; ``(B) the ethical and social issues associated with the potential use of this technology in humans; and ``(C) the advisability of continuing the prohibition established under this section. ``(2) Other reports.--The National Bioethics Advisory Commission may produce reports in addition to the reports required under paragraph (1) if the Commission determines that such reports are useful to clarify any of the topics described in paragraph (1), address changes in the state of science or society, or modify or clarify the recommendations of the Commission. ``(3) Continuation of commission.--The National Bioethics Advisory Commission is authorized to continue for the 10-year period described in subsection (i) to prepare reports under this section and for other purposes as established in Executive Order 12975 and subsequent amendments to such Order. This paragraph shall be construed to supersede the termination and chartering provisions of section 14 of the Federal Advisory Committee Act (5 U.S.C. App 2). ``(e) Penalties.-- ``(1) In general.--Any person who intentionally violates the provisions of subsection (b) shall be fined the greater of $1,000,000 or 3 times the gross pecuniary gain or loss resulting from the violation. ``(2) Civil actions.--If a person is violating or about to violate the provisions of subsection (b), the Attorney General may commence a civil action in an appropriate Federal district court to enjoin such violation. ``(3) Forfeiture.--Any property, real or personal, derived from or used to commit a violation or attempted violation of the provisions of subsection (b), or any property traceable to such property, shall be subject to forfeiture to the United States in accordance with the procedures set forth in chapter 46 of title 18, United States Code. ``(4) Authority.--The Attorney General shall have exclusive, nondelegable enforcement authority under this section. ``(5) Advisory opinions.--The Attorney General shall, upon request, render binding advisory opinions regarding the scope, applicability, interpretation, and enforcement of this section with regard to specific research projects or practices. ``(f) Cooperation with Foreign Countries.--It is the sense of Congress that the President should cooperate with foreign countries to enforce mutually supported restrictions on the activities prohibited under subsection (b). ``(g) Right of Action.--Nothing in this section shall be construed to give any individual or person a private right of action. ``(h) Preemption of State Law.--The provisions of this section shall preempt any State or local law that prohibits or restricts research regarding, or practices constituting, somatic cell nuclear transfer, mitochondrial or cytoplasmic therapy, or the cloning of molecules, DNA, cells, tissues, organs, plants, animals, or humans. ``(i) Effective Date.--This section shall be effective for the 10- year period beginning on the date of enactment of this section. The prohibitions contained in this section shall terminate at the expiration of such 10-year period.''.

Prohibition on Cloning of Human Beings Act of 1998 - Amends the Public Health Service Act to make it unlawful for any person or other legal entity to: (1) implant or attempt to implant the product of somatic cell nuclear transfer into a woman's uterus; (2) ship the product of somatic cell nuclear transfer in interstate or foreign commerce for the purpose of implanting such product into a woman's uterus, in the United States or elsewhere; or (3) use funds made available under this Act, or any other Act, for an activity prohibited by this Act. Prohibits construing any provision of this Act so as to restrict areas of biomedical and agricultural research or practices not expressly prohibited by this Act, including research or practices involving the use of: (1) somatic cell nuclear transfer or other cloning technologies to clone molecules, DNA, cells, and tissues; (2) mitochondrial, cytoplasmic or gene therapy; or (3) somatic cell nuclear transfer techniques to create nonhuman animals. Requires the National Bioethics Advisory Commission to submit a report to the President and the Congress concerning: (1) the state of the science of cloning and relevant developments in cell biology; (2) the ethical and social issues associated with the potential use of this technology in humans; and (3) the advisability of continuing the prohibition. Permits the Commission to produce additional reports if such reports are useful to clarify any of the topics described, address changes in the state of science or society, or modify or clarify the Commission's recommendations. Authorizes the continuation of the Commission for a ten-year period. Sets forth, with respect to violations of the cloning prohibition, requirements for: (1) civil penalties; (2) civil actions; and (3) the forfeiture of certain property. Requires the Attorney General to: (1) have exclusive, nondelegable enforcement authority under this Act; and (2) upon request, render binding advisory opinions regarding the scope and enforcement of this Act with respect to specific research projects or practices. Expresses the sense of the Congress that the President should cooperate with foreign countries to enforce mutually supported restrictions on the activities prohibited. Prohibits construing any provision of this Act so as to give any individual or person a private right of action. Provides for the preemption of any State or local law that prohibits or restricts research regarding, or practices constituting, somatic cell nuclear transfer, mitochondrial or cytoplasmic therapy, or the cloning of molecules, DNA, cells, tissues, organs, plants, animals, or humans.

Prohibition on Cloning of Human Beings Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Toll Credit Marketplace Act''. SEC. 2. TOLL CREDIT MARKETPLACE PILOT PROGRAM. (a) Definitions.--In this section: (1) Pilot program.--The term ``pilot program'' means the toll credit marketplace pilot program established under subsection (b). (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (3) State.--The term ``State'' has the meaning given the term in section 101 of title 23, United States Code. (4) Toll credit.--The term ``toll credit'' means the credit that can be used toward the non-Federal share requirement under section 120(i) of title 23, United States Code. (5) Toll credit marketplace.--The term ``toll credit marketplace'' means a market in which toll credits can be purchased and sold by States participating in the pilot program. (b) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish and implement a pilot program to develop a toll credit marketplace for States to buy and sell toll credits. (c) Purposes.--The purposes of the pilot program are-- (1) to identify whether a monetary value can be assigned to toll credits; (2) to identify the discounted rate of toll credits for cash; (3) to determine if the purchase of toll credits by States provides the purchasing State budget flexibility to deal with funding issues, including off-system needs, transit systems with high operating costs, or cash flow issues; and (4) to test the feasibility of expanding the toll credit market to allow all States to participate on a permanent basis. (d) Administration.--In carrying out the pilot program, the Secretary-- (1) shall establish procedures for a toll credit marketplace; (2) shall establish an online platform that allows participating States to offer and bid on toll credit purchases; (3) not later than 90 days after the date of enactment of this Act, shall provide notice to States that the Federal Highway Administration is requesting participants for the pilot program; (4) shall allow to participate in the pilot program-- (A) a State that maintains a toll credit balance accumulated before the date of enactment of this Act; (B) a State that does not maintain infrastructure for the collection of toll credits; and (C) a State that has not accumulated a toll credit balance; and (5) shall not allow a State to purchase or sell toll credits in an amount that is less than 10 percent of the value of the toll credit value if applied as a non-Federal share requirement under section 120(i)(1) of title 23, United States Code. (e) Reporting Requirements.-- (1) Initial report.--Not later than 180 days after notice of the pilot program is provided to the States under subsection (d)(3), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the progress of the toll credit marketplace. (2) State report.--Not later than 30 days after a purchase or sale in the toll credit marketplace under the pilot program-- (A) a State selling toll credits shall provide to the Secretary information on the transaction, including-- (i) the amount of cash received; (ii) the value of toll credits sold; (iii) the intended use of the cash; and (iv) the remaining toll credit balance of the State; and (B) a State purchasing toll credits shall provide to the Secretary information on-- (i) the value of toll credits purchased; (ii) the anticipated use of the toll credits; and (iii) plans for maintenance of effort for spending on Federal-aid highway projects. (3) Annual report.--Not later than 1 year after notice of the pilot program is provided to the States under subsection (d)(3) and each year thereafter that the pilot program is in effect, the Secretary shall-- (A) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that-- (i) evaluates whether a toll credit marketplace is viable; (ii) describes the buying and selling activities of the toll credit marketplace; (iii) determines the monetary value of toll credits; (iv) evaluates whether the pilot program could be expanded to more States or all States; and (v) provides updated information on the toll credit balance accumulated by each State; and (B) make the report under subparagraph (A) publicly available on the website of the Secretary. (f) Maintenance of Effort.--Except as provided in subsection (i)(2), a State participating in the toll credit marketplace shall be subject to section 120(i)(2) of title 23, United States Code. (g) Use of Funds Received for the Sale.-- (1) In general.--A State that receives funds from the sale of a toll credit may use the funds only for a project eligible for assistance under chapter 1 of title 23, United States Code, or chapter 53 of title 49, United States Code. (2) Certification.--Before expending any funds received in exchange for a toll credit, the State shall-- (A) provide to the Secretary a certification that the funds will be used as described in paragraph (1); and (B) receive approval from the Secretary under paragraph (3). (3) Approval.--Not later than 30 days after the receipt of a certification under paragraph (2), the Secretary shall send a notice of decision to the State that-- (A) approves the certification; or (B)(i) disapproves the certification; and (ii) includes an explanation of the grounds for disapproval and recommendations for addressing the deficiencies. (4) Appeal.--If the Secretary disapproves the certification under paragraph (3)(B)-- (A) not later than 30 days after a State receives a notice of decision disapproving the certification, the State may ask the Secretary to reconsider the decision; and (B) not later than 60 days after the Secretary receives a request to reconsider under subparagraph (A), the Secretary shall review the request and make a determination. (h) Metropolitan Planning Organization and Local Government Toll Credit Allocation.-- (1) Purchase of toll credits.--On request of a metropolitan planning organization or local government in the State, and with a timely payment of the amount of the toll credits, a State may purchase toll credits under this section on behalf of the metropolitan planning organization or local government. (2) Allocation of toll credits.--On approval of the relevant metropolitan planning organization or local government, a State may allocate toll credits purchased by the State for use by the metropolitan planning organization or local government. (i) Limitation on Use of Federal Funds for the Purchase of Toll Credits.-- (1) Limitation on federal funds.--A State, metropolitan planning organization, or local government may not use Federal funds to purchase toll credits on the toll credit marketplace. (2) Use of toll credits.--A State may use toll credits purchased under this section to meet not more than 10 percent of the non-Federal share requirement for any funds made available to carry out chapter 1 of title 23, United States Code, or chapter 53 of title 49, United States Code, for each fiscal year. (j) GAO Report.--After the end of the first year during which the toll credit marketplace is in operation, the Comptroller General of the United States shall-- (1) conduct a study on the performance of the toll credit marketplace; and (2) submit to Congress a report that includes-- (A) a determination as to whether the pilot program is successful; and (B) any recommendations on how to improve the pilot program. (k) Sunset.--The pilot program shall terminate on September 30, 2020.

Toll Credit Marketplace Act This bill directs the Department of Transportation to establish and implement a pilot program to develop a toll credit marketplace for states to buy and sell toll credits. States may use funds from the sale of toll credits to offset the nonfederal share of the cost of any transportation project. The Government Accountability Office shall study and report on the performance of the toll credit marketplace.

Toll Credit Marketplace Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Fuel Standard Extension Act of 2007''. SEC. 2. RENEWABLE CONTENT OF GASOLINE. (a) Findings.--Congress finds that-- (1) the renewable fuel standard established under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is one of the most significant steps taken by Congress to increase domestic biofuels production and decrease the dangerous dependence of the United States on foreign oil; (2) in the 12 years after 1992, domestic ethanol production increased by 2,000,000,000 gallons; (3) in only 2 years following the establishment of the renewable fuel standard, ethanol production has increased by 5,000,000,000 gallons; (4) the renewable fuel standard has spurred investment and resulted in ethanol production that surpassed Federal targets 5 years ahead of schedule; (5) the failure of the petroleum industry to install pumps so that ethanol is available to motorists and the failure of the automotive industry to manufacture ethanol-capable vehicles, as compared to rising ethanol production volumes, has prevented fuel ethanol from reaching consumers; (6) the resulting excess of ethanol in the marketplace has depressed ethanol prices and jeopardized the financial stability of the domestic renewable fuel infrastructure, particularly smaller, local, and farmer-owned ethanol plants; (7) jeopardizing the existing ethanol infrastructure will put at risk 20 years of progress on a national biofuel industry and destroy the bridge to next-generation biofuel made from cellulosic feedstocks; and (8) it is imperative for Congress to increase the renewable fuel standard now to ensure the path towards cellulosic fuel production is not jeopardized in the short term. (b) Definitions.--Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended-- (1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (F), (D), and (E), respectively, and moving those subparagraphs so as to appear in alphabetical order; (2) by striking subparagraph (A) and inserting the following: ``(A) Advanced biofuel.-- ``(i) In general.--The term `advanced biofuel' means fuel derived from renewable biomass other than ethanol derived from corn starch. ``(ii) Inclusions.--The term `advanced biofuel' includes-- ``(I) ethanol derived from cellulose, hemicellulose, or lignin; ``(II) ethanol derived from sugar or starch, other than ethanol derived from corn starch; ``(III) ethanol derived from waste material, including crop residue, other vegetative waste material, animal waste, and food waste and yard waste; ``(IV) diesel-equivalent fuel derived from renewable biomass, including vegetable oil and animal fat; ``(V) biogas (including landfill gas and sewage waste treatment gas) produced through the conversion of organic matter from renewable biomass; ``(VI) butanol or other alcohols produced through the conversion of organic matter from renewable biomass; and ``(VII) other fuel derived from cellulosic biomass. ``(B) Cellulosic biomass ethanol.--The term `cellulosic biomass ethanol' means ethanol derived from any cellulose, hemicellulose, or lignin that is derived from renewable biomass. ``(C) Renewable biomass.--The term `renewable biomass' means-- ``(i) nonmerchantable materials or precommercial thinnings that-- ``(I) are byproducts of preventive treatments, such as trees, wood, brush, thinnings, chips, and slash, that are removed-- ``(aa) to reduce hazardous fuels; ``(bb) to reduce or contain disease or insect infestation; or ``(cc) to restore forest health; ``(II) would not otherwise be used for higher-value products; and ``(III) are harvested from National Forest System land or public land (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), where permitted by law and in accordance with-- ``(aa) applicable land management plans; and ``(bb) the requirements for old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) and the requirements for large- tree retention of subsection (f) of section 102 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512); or ``(ii) any organic matter that is available on a renewable or recurring basis from non- Federal land or from land belonging to an Indian tribe, or an Indian individual, that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including-- ``(I) renewable plant material, including-- ``(aa) feed grains; ``(bb) other agricultural commodities; ``(cc) other plants and trees; and ``(dd) algae; and ``(II) waste material, including-- ``(aa) crop residue; ``(bb) other vegetative waste material (including wood waste and wood residues); ``(cc) animal waste and byproducts (including fats, oils, greases, and manure); and ``(dd) food waste and yard waste.''; and (3) in clause (ii) of subparagraph (D) (as redesignated by paragraph (1))-- (A) in subclause (I), by striking ``and'' at the end; (B) in subclause (II), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(III) advanced biofuel.''. (c) Renewable Content of Gasoline.--Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended-- (1) in paragraph (2)(B)-- (A) by striking clause (i) and inserting the following: ``(i) Calendar years 2008 through 2016.-- ``(I) Renewable fuel.--For the purpose of subparagraph (A), the applicable volume for any of calendar years 2008 through 2016 shall be determined in accordance with the following table: Applicable volume of renewable fuel ``Calendar year: (in billions of gallons): 2008................................................... 8.5 2009................................................... 10.5 2010................................................... 12.0 2011................................................... 12.6 2012................................................... 13.2 2013................................................... 13.8 2014................................................... 14.4 2015................................................... 15.0 2016................................................... 18.0 ``(II) Advanced biofuel.--For the purpose of subparagraph (A), of the volume of renewable fuel required under subclause (I), the applicable volume for calendar year 2016 for advanced biofuel shall be determined in accordance with the following table: Applicable volume of advanced biofuel ``Calendar year: (in billions of gallons): 2016................................................... 3.0''; (B) in clause (ii)-- (i) in the clause heading, by striking ``2013'' and inserting ``2017''; (ii) by striking ``2013'' and inserting ``2017''; and (iii) by striking ``2012'' and inserting ``2016''; (C) in clause (iii), by striking ``2013'' and inserting ``2017''; and (D) in clause (iv)-- (i) by striking ``2013'' and inserting ``2017''; and (ii) in subclause (II)(aa), by striking ``7,500,000,000'' and inserting ``18,000,000''; (2) in paragraph (3)-- (A) in subparagraph (A), by striking ``2011'' and inserting ``2015''; and (B) in subparagraph (B)(i), by striking ``2012'' and inserting ``2016''; and (3) in paragraph (6)(A), by striking ``2012'' and inserting ``2016''.

Renewable Fuel Standard Extension Act of 2007 - Amends the Clean Air Act to redefine the term "cellulosic biomass ethanol" to mean ethanol derived from any cellulose, hemicellulose, or lignin that is derived from renewable biomass. Redefines the term "renewable fuel" to include motor vehicle fuel that is derived from renewable biomass other than ethanol derived from corn starch. Increases the volume of renewable fuel that gasoline is required to contain for 2008-2012. Sets forth the applicable volume of renewable fuel for 2013-2016. Revises the calculation used to determine the applicable volume of renewable fuel for 2017 and beyond by using the ratio of 18 billion gallons (currently, 7.5 billion gallons) of renewable fuels to the number of gallons of gasoline sold or introduced into commerce in 2012.

A bill to amend the Clean Air Act to increase the renewable content of gasoline, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Trade and Export Promotion Utilization Program for American Small Businesses Act'' or the ``STEP UP for American Small Businesses Act''. SEC. 2. STATE TRADE AND EXPORT PROMOTION. (a) In General.--Section 22 of the Small Business Act (15 U.S.C. 652) is amended-- (1) by redesignating subsection (l) as subsection (m); and (2) by inserting after subsection (k) the following: ``(l) State Trade and Export Promotion Grant Program.-- ``(1) Definitions.--In this subsection-- ``(A) the term `eligible small business concern' means a business concern that-- ``(i) is organized or incorporated in the United States; ``(ii) is operating in the United States; ``(iii) meets-- ``(I) the applicable industry-based small business size standard established under section 3; or ``(II) the alternate size standard applicable to the program under section 7(a) of this Act and the loan programs under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.); ``(iv) has been in business for not less than 1 year, as of the date on which assistance using a grant under this subsection commences; ``(v) is export ready, as determined by the Associate Administrator; and ``(vi) has access to sufficient resources to bear the costs associated with exporting and doing business with foreign purchasers, including the costs of packing, shipping, freight forwarding, and customs brokers; ``(B) the term `program' means the State Trade and Export Promotion Grant Program established under paragraph (2); ``(C) the term `rural small business concern' means an eligible small business concern located in a rural area, as that term is defined in section 1393(a)(2) of the Internal Revenue Code of 1986; ``(D) the term `socially and economically disadvantaged small business concern' has the meaning given that term in section 8(a)(4)(A) of the Small Business Act (15 U.S.C. 637(a)(4)(A)); and ``(E) the term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. ``(2) Establishment of program.--The Associate Administrator shall establish a trade and export promotion grant 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-- ``(A) participation in a foreign trade mission; ``(B) a foreign market sales trip; ``(C) a subscription to services provided by the Department of Commerce; ``(D) the payment of website translation fees; ``(E) the design of international marketing media; ``(F) a trade show exhibition; ``(G) participation in training workshops; ``(H) a reverse trade mission; ``(I) procurement of foreign consultancy services (after consultation with the Department of Commerce to avoid duplication); or ``(J) any other export initiative determined appropriate by the Associate Administrator. ``(3) Grants.-- ``(A) 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 and to increase the value of the exports by eligible small business concerns in the State. ``(B) Considerations.--In making grants under this subsection, the Associate Administrator may give priority to an application by a State that proposes an export program that-- ``(i) focuses on eligible small business concerns as part of an export promotion program; ``(ii) demonstrates intent to promote 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; ``(iii) promotes exports from a State that is not 1 of the 10 States with the highest percentage of exporters that are eligible small business concerns, based upon the most recent data available from the Department of Commerce; and ``(iv) includes-- ``(I) activities which have resulted in the highest return on investment based on the most recent year; and ``(II) the adoption of shared best practices included in the annual report of the Administration. ``(C) Limitations.-- ``(i) Single application.--A State may not submit more than 1 application for a grant under the program in any 1 fiscal year. ``(ii) Proportion of amounts.--The total value of grants made under the program during a fiscal year to the 10 States with the highest percentage of exporters that are eligible small business concerns, based upon the most recent 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. ``(iii) Duration.--The Associate Administrator shall award a grant under this program for a period of not more than 2 years. ``(D) Application.-- ``(i) In general.--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. ``(ii) Consultation to reduce duplication.--A State desiring a grant under the program shall-- ``(I) before submitting an application under clause (i), consult with applicable trade agencies of the Federal Government on the scope and mission of the activities the State proposes to carry out using the grant, to ensure proper coordination and reduce duplication in services; and ``(II) document the consultation conducted under subclause (I) in the application submitted under clause (i). ``(4) Competitive basis.--The Associate Administrator shall award grants under the program on a competitive basis. ``(5) Federal share.--The Federal share of the cost of an export program carried out using a grant under the program shall be-- ``(A) for a State that has a high export volume, as determined by the Associate Administrator, not more than 65 percent; and ``(B) for a State that does not have a high export volume, as determined by the Associate Administrator, not more than 75 percent. ``(6) Non-federal share.--The non-Federal share of the cost of an export program carried out 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. ``(7) Reports.-- ``(A) Initial report.--Not later than 120 days after the date of enactment of this Act, the Associate Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report, which shall include-- ``(i) a description of the structure of and procedures for the program; ``(ii) a management plan for the program; and ``(iii) a description of the merit-based review process to be used in the program. ``(B) Annual reports.-- ``(i) In general.--The Associate Administrator shall publish on the website of the Administration an annual report regarding the program, which shall include-- ``(I) the number and amount of grants made under the program during the preceding year; ``(II) a list of the States receiving a grant under the program during the preceding year, including the activities being performed with each grant; ``(III) the effect of each grant on exports by eligible small business concerns in the State receiving the grant; ``(IV) the total return on investment for each State; and ``(V) a description of best practices by States that showed high returns on investment and significant progress in helping more eligible small business concerns to export. ``(ii) Notice to congress.--On the date on which the Associate Administrator publishes a report under clause (i), the Associate Administrator shall notify the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives that the report has been published. ``(8) Reviews by inspector general.-- ``(A) In general.--The Inspector General of the Administration shall conduct a review of-- ``(i) the extent to which recipients of grants under the program are measuring the performance of the activities being conducted and the results of the measurements; and ``(ii) the overall management and effectiveness of the program. ``(B) Reports.-- ``(i) Pilot program.--Not later than 6 months after the date of enactment of the STEP UP for American Small Businesses Act, the Inspector General of the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding the use of amounts made available under the State Trade and Export Promotion Grant Program under section 1207 of the Small Business Jobs Act of 2010 (15 U.S.C. 649b note). ``(ii) New step program.--Not later than 18 months after the date on which the first grant is awarded under this subsection, the Inspector General of the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding the review conducted under subparagraph (A). ``(9) Authorization of appropriations.--There is authorized to be appropriated to carry out the program $30,000,000 for each of fiscal years 2016 through 2020.''. (b) Membership of Representatives of State Trade Promotion Agencies on Trade Promotion Coordinating Committee.--Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended-- (1) in subsection (d)-- (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following: ``(2) Representatives from state trade promotion agencies.-- ``(A) In general.--The TPCC shall also include 1 or more members appointed by the President, after consultation with associations representing State trade promotion agencies, who are representatives of State trade promotion agencies. ``(B) Term.--A member appointed under subparagraph (A) shall be appointed for a term of 2 years. ``(C) Personnel matters.-- ``(i) No compensation.--A member of the TPCC appointed under subparagraph (A) shall serve without compensation. ``(ii) Travel expenses.--A member of the TPCC appointed under subparagraph (A) shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the homes or regular place of business of the member in the performance of services for the TPCC. ``(iii) Administrative assistance.--The Secretary of Commerce, or the head of another agency, as appropriate, shall make available to a member of the TPCC appointed under subparagraph (A) administrative services and assistance, including a security clearance, as the member may reasonably require to carry out services for the TPCC.''; and (2) in subsection (e), in the first sentence, by inserting ``(other than members described in subsection (d)(2))'' after ``Members of the TPCC''.

State Trade and Export Promotion Utilization Program for American Small Businesses Act or the STEP UP for American Small Businesses Act Amends the Small Business Act to direct the Associate Administrator for International Trade within the Small Business Administration to establish a State Trade and Export Promotion Grant Program. Authorizes the Associate Administrator to make competitive grants to states to carry out export promotion programs to increase: (1) the number of eligible small businesses that export (including rural small businesses and small businesses owned and controlled by women and socially and economically disadvantaged individuals), as well as (2) the value of their exports. Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee to include one or more members appointed by the President who are representatives of state trade promotion agencies.

STEP UP for American Small Businesses Act

SECTION 1. LIMITATION ON DISBURSEMENTS FROM THE EXCHANGE STABILIZATION FUND TO CERTAIN COUNTRIES. Section 5302 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(e) Limitation on Disbursements to Countries Not in Compliance With Certain IMF Commitments.-- ``(1) In general.--Notwithstanding any other provision of this section and subject to paragraph (2), the Secretary of the Treasury may not make any expenditure or loan, incur any other obligation, or make any guarantee in excess of $500,000,000 through the stabilization fund, for the purpose of engaging in a coordinated international rescue plan for any foreign entity or any government of a foreign country, unless the Secretary certifies to the Congress that such foreign country is meeting its commitments to the International Monetary Fund with respect to economic, market access, and financial reforms. ``(2) Aggregation rule.--For purposes of determining whether the amount of any expenditure, loan, obligation, or guarantee described in paragraph (1) with respect to any foreign entity or government of a foreign country exceeds the amount of the limitation imposed in such paragraph, the Secretary of the Treasury shall take into account the aggregate amount of all expenditures, loans, obligations, or guarantees which have been made or incurred through the stabilization fund with respect to such country for the purpose described in such paragraph during the 6-month period preceding the date such expenditure, loan, obligation, or guarantee is made or incurred.''. SEC. 2. REPORT TO THE CONGRESS ON ACTIONS BY THE UNITED STATES TO MONITOR FOREIGN GOVERNMENT COMPLIANCE WITH COMMITMENTS MADE TO THE IMF IN CONNECTION WITH FINANCIAL ASSISTANCE PACKAGES. (a) In General.--Not less frequently than semiannually, the Secretary of the Treasury shall submit to the Congress a report on the steps that the United States Government is taking to monitor the compliance of foreign governments in Asia with commitments made to the International Monetary Fund in connection with financial assistance packages provided or arranged by the International Monetary Fund. (b) Certain Matters To Be Included.--Each report required by subsection (a) shall include-- (1) a description of the actions that the United States Executive Director at the International Monetary Fund has taken to ensure that the International Monetary Fund adequately and effectively monitors and enforces the commitments referred to in subsection (a); and (2) a description of the actions that the Department of the Treasury has taken, in coordination with actions of the Office of the United States Trade Representative or the Department of Commerce, to monitor and enforce the commitments. SEC. 3. MONITORING OF EFFECTS OF THE ASIAN FINANCIAL CRISIS ON THE UNITED STATES AND OTHER ECONOMIES. (a) Commerce Department Report on Compliance by Asian Countries With Obligations Under International Agreements.--In coordination with the United States Trade Representative, the Secretary of Commerce shall monitor the progress that countries in Asia receiving financial assistance described in section 1 or 2 are making in implementing commitments they have made under international agreements to provide access to their markets for foreign goods and services. The Secretary shall report to the Congress the results of such monitoring on a bimonthly basis, beginning not later than 90 days after the date of the enactment of this Act, until the financial assistance for each such Asian country has been terminated. Each such report shall include the following: (1) A description of the progress made in resolving issues in dispute in the investigation initiated by the United States Trade Representative under section 301(b)(1) of the Trade Act of 1974 on October 1, 1997, pursuant to section 310 of that Act, in which tariff and nontariff barriers imposed by the Republic of Korea were identified as denying United States and other foreign automobiles access to markets in Korea. (2) A description of the progress made by the Republic of Korea in implementing its obligations under the United States- Korea Memorandum of Understanding of 1995 concerning trade in motor vehicles. (3) A description of the extent to which Indonesia is complying with its commitments to terminate benefits to its ``National Car'' program. (4) A description of the degree to which the countries have fully implemented reforms required by the International Monetary Fund that are directed at corporate governance and corporate structure, including-- (A) making nontransparent conglomerate practices more transparent through the application of internationally accepted accounting practices, independent external audits, full disclosure, and provision of consolidated statements; and (B) ensuring that no government subsidized support or tax privileges will be provided to prevent the financial failure of individual corporations, particularly in the semiconductor, steel, motor vehicle, and paper industries. (5) A description of the implementation of reform measures required by the International Monetary Fund to deregulate and privatize economic activity by ending domestic monopolies, undertaking trade liberalization, and opening up restricted areas of the economy to foreign investment and competition. (6) A detailed description of the trade policies of the countries, including any unfair trade practices or adverse effects of the trade policies on the United States. With regard to instances identified by the Secretary in which a country in Asia addressed in the report has failed to implement its obligations under international agreements to provide access to its markets for foreign goods and services, the Secretary, together with the United States Trade Representative, shall take appropriate action under the laws of the United States and under international dispute settlement procedures to enforce United States rights as a result of such failure. (b) Commerce Department Report on Third Country Actions To Accept Increased Asian Exports.--The Secretary of Commerce shall monitor exports of goods and services from those countries in Asia receiving financial assistance described in section 1 or 2 to determine the degree to which Japan, the countries of the European Union, and other major participants in the International Monetary Fund are opening their markets to any increase in those exports. The Secretary shall report to the Congress the results of such monitoring on a bimonthly basis, beginning not later than 90 days after the date of the enactment of this Act, until the financial assistance for each such Asian country has been terminated. The Secretary, together with the Secretary of the Treasury and the United States Trade Representative, shall take all appropriate action that would result in those countries opening their markets to exports from those Asian countries in order to more equitably share the burden of responding to the financial crisis in Asia. (c) Commerce Department Report on Export Surges to the United States.--The Secretary of Commerce shall monitor exports from those countries in Asia receiving financial assistance described in section 1 or 2 to the United States to determine whether there is any significant increase in exports to the United States due to fluctuations in currency valuations, government subsidies, dumping, or transshipment through third countries. In conducting such monitoring, the Secretary shall take into account any outstanding antidumping and countervailing duty determinations on imports from those Asian countries. The Secretary shall report to the Congress the results of such monitoring on a bimonthly basis, beginning not later than 90 days after the date of the enactment of this Act, until the financial assistance for each such Asian country has been terminated. The Secretary shall take appropriate action under the laws of the United States where there is evidence of dumping or subsidization causing injury to United States industries. (d) Consultation With Industry.--In carrying out the requirements of this section, the Secretary shall consult with representatives of import-sensitive United States industries for the purpose of sharing and confirming information and views that are relevant to the monitoring and reports required by this section. (e) Report on Effect of Financial Assistance.--The Secretary of Commerce, in consultation with the United States Trade Representative, shall report to the Congress annually, beginning not later than one year after the date of the enactment of this Act, concerning the extent to which financial assistance described in section 1 or 2 is contributing to economically sound financial, open market, trade, and commercial relations between each country in Asia receiving such assistance and other countries. SEC. 4. FULL ENFORCEMENT OF TRADE LAW REMEDIES. (a) Study.--To ensure the effectiveness of United States remedies against dumped and subsidized imports, the Secretary of Commerce shall conduct a study, in consultation with import-sensitive United States industries, to determine the appropriate application of United States antidumping and countervailing duty laws to imports from Asian countries, in light of currency devaluations and financial assistance described in section 1 or 2 that those countries have received. Such study shall-- (1) determine the appropriate treatment of rapid fluctuations in exchange rates that can severely reduce the price of goods sold in an exporter's home market (when converted to United States dollars) so that such fluctuations do not undermine the effectiveness of United States antidumping laws; (2) determine the appropriate treatment under United States countervailing duty laws of the difference between the interest rates on government-induced low-interest loans and the interest rates, if higher, that private lenders would demand for loans to the foreign companies concerned, taking into account the current levels of risk; and (3) determine the appropriate treatment under United States countervailing duty laws of subsidies received in the past, even if the exporter or other producer of the subsidized merchandise has been sold or privatized or has declared bankruptcy. (b) Report to Congress.--The Secretary of Commerce shall complete the study conducted under subsection (a), and submit to the Congress a report on the study, by not later than 6 months after the date of the enactment of this Act. SEC. 5. SUNSET. The provisions of this Act shall cease to be effective 8 years after the date of the enactment of this Act.

Amends Federal law governing the Department of the Treasury Exchange Stabilization Fund to prohibit the Secretary of the Treasury from making any expenditure or loan, incurring any other obligation, or making any guarantee over $500 million through the Fund for the purpose of engaging in a coordinated international rescue plan for any foreign entity or foreign government, unless the Secretary certifies to the Congress that such country is meeting its commitments to the International Monetary Fund (IMF) with respect to economic, market access, and financial reforms. Requires the Secretary to report semiannually to the Congress on Federal actions to monitor foreign governments in Asia with respect to their compliance with their commitments regarding IMF financial assistance packages. Directs the Secretary of Commerce, in coordination with the United States Trade Representative, to monitor and report bimonthly to the Congress on the progress made by specified Asian countries regarding their international commitments to provide access to their markets for foreign goods and services. Requires the Secretary of Commerce also to monitor exports from such countries to determine: (1) the degree to which major IMF participants, including Japan, are opening their markets to any export increases; and (2) whether there is any significant increase in exports to the United States due to currency fluctuations, government subsidies, dumping, or transshipment through third countries. Requires the Secretary of Commerce to: (1) report annually to the Congress on the extent to which financial assistance is contributing to economically sound financial, open market, trade, and commercial relations between recipient Asian countries; and (2) study and report to the Congress on the appropriate application of Federal antidumping and countervailing duty laws to Asian imports in light of currency devaluations and IMF financial assistance packages.

To impose certain limitations on disbursements from the Exchange Stabilization Fund to certain countries, and for other purposes.

SECTION 1. FINDINGS. The Congress finds the following: (1) Professor Peter F. Drucker, the father of modern management, is one of the most influential and widely read philosophers and writers on modern organizations and management. (2) Peter F. Drucker was born in Vienna, Austria, was educated there and in England, earned a doctorate in public and international law while working as a newspaper reporter in Frankfurt, Germany, and then worked as an economist at an international bank in London. (3) In 1937, Peter F. Drucker came to the United States and published his first book, ``The End of Economic Man'', in 1939. (4) Peter F. Drucker's management books include-- (A) ``The Practice of Management'' (1954); (B) ``The Effective Executive'' (1967); (C) ``Management: Tasks, Responsibilities, Practices'' (1974); (D) ``Managing in Turbulent Times'' (1980); (E) ``Innovation and Entrepreneurship'' (1985); and (F) others that are international best sellers and have been translated into more than 20 languages. (5) Peter F. Drucker has also written-- (A) an important analysis of economics, politics, and society; (B) an autobiography called Adventures of a Bystander (1978); (C) two novels; and (D) several volumes of essays. (6) Peter F. Drucker has been a frequent contributor to various magazines and journals over the years and is an editorial columnist for The Wall Street Journal. (7) Peter F. Drucker's latest book, Managing the Non-Profit Organization, was published in November 1990. (8) Over the course of six decades, Drucker has become the most sought-after advisor to the chief executive officers of major corporations. (9) Peter F. Drucker invented the term ``management by objectives'' and helped develop objective measures for pay and promotion. (10) Peter F. Drucker identified the importance of the ``knowledge worker''--the elite of the white-collar workforce-- earlier than almost anyone else. (11) Peter F. Drucker began as a professor of politics and philosophy at Bennington College. (12) For more than 20 years, Peter F. Drucker was a professor of management at the former Graduate Business School of New York University. (13) Since 1979, Peter F. Drucker has been Marie Rankin Clarke Professor of Social Science and Management at the Peter F. Drucker Graduate School of Management of the Claremont Graduate University in Claremont, California. (14) Peter F. Drucker's distinguished career has helped to revolutionize management both in theory and in practice. (15) Peter F. Drucker's ability to grasp new ideas was crystallized in the role he played helping General Electric's jet engine division revolutionize the commercial aircraft business, helping General Electric's jet-engine executives, ``all of whom were technically oriented, most of whom came out of the military, understand the value system of potential customers.'' (16) Peter F. Drucker's contributions to the world of management have revolutionized the techniques modern businesses are using to move ahead as well as strengthened the foundations on which those businesses are built. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President is authorized to present, on behalf of the Congress, a gold medal of appropriate design to Peter F. Drucker, in recognition of his accomplishments as a journalist, a writer, an economist, and a philosopher. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2 at a price sufficient to cover the costs of the bronze medals (including labor, materials, dies, use of machinery, and overhead expenses) and the cost of the gold medal. SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. FUNDING AND PROCEEDS OF SALE. (a) Authorization.--There is hereby authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the cost of the medals authorized by this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

Authorizes the Secretary of the Treasury to strike and sell bronze duplicates. Requires deposit of sale proceeds in the United States Mint Public Enterprise Fund.

To authorize the President to award a gold medal on behalf of the Congress to Peter F. Drucker, the father of modern management, in recognition of his accomplishments as a journalist, a writer, an economist, and a philosopher.

OF BOUNDARY CONFLICTS, VICINITY OF MARK TWAIN NATIONAL FOREST, BARRY AND STONE COUNTIES, MISSOURI. (a) Definitions.--In this section: (1) The term ``appropriate Secretary'' means the Secretary of the Army or the Secretary of Agriculture. (2) The term ``boundary conflict'' means the situation in which the private claim of ownership to certain lands, based on subsequent land surveys, overlaps or conflicts with Federal ownership of the same lands. (3) The term ``Federal land surveys'' means any land survey made by any agency or department of the Federal Government using Federal employees, or by Federal contract with State- licensed private land surveyors or corporations and businesses licensed to provide professional land surveying services in the State of Missouri. (4) The term ``original land surveys'' means the land surveys made by the United States General Land Office as part of the Public Land Survey System in the State of Missouri, and upon which Government land patents were issued conveying the land. (5) The term ``Public Land Survey System'' means the rectangular system of original Government lands surveys made by the United States General Land Office and its successor, the Bureau of Land Management, under Federal laws providing for the survey of the public lands upon which the original land patents were issued. (6) The term ``qualifying claimant'' means a private owner of real property in Barry or Stone County, Missouri, who has a boundary conflict as a result of good faith and innocent reliance on subsequent land surveys, and as a result of such reliance, has occupied, improved, or made ownership claims to Federal lands. (7) The term ``subsequent land surveys'' mean any land surveys made after the original land surveys. (b) Notice of Boundary Conflict.-- (1) Submission and contents.--A qualifying claimant shall notify the appropriate Secretary in writing of a claim that a boundary conflict exists with Federal land administered by the appropriate Secretary. The notice shall be accompanied by the following information, which, except as provided in subsection (d)(2)(B), shall be provided without cost to the United States: (A) A land survey plat and legal description of the affected Federal lands, which are based upon a land survey completed and certified by a Missouri State- licensed professional land surveyor, and done in conformity with the Public Land Survey System and in compliance with the applicable State and Federal land surveying laws. (B) Information relating to the claim of ownership of the Federal lands, including supporting documentation showing the landowner relied on a subsequent land survey due to actions by the Federal Government in making or approving surveys for the Table Rock Reservoir. (2) Deadline for submission.--To obtain relief under this section, a qualifying claimant shall submit the notice required by paragraph (1) within 15 years after the date of the enactment of this Act. (3) Responsibilities of claimants.--The qualifying claimant shall have the responsibility for establishing that the qualifying claimant qualifies for the remedies provided in subsection (c). (c) Resolution Authorities.--The appropriate Secretary may take any of the following actions, or combination of actions, in order to resolve boundary conflicts with qualifying claimants involving lands under the administrative jurisdiction of the appropriate Secretary: (1) Convey and quitclaim all right, title, and interest of the United States in land subject to a boundary conflict. (2) Confirm Federal title to, and retain in Federal management, any land subject to a boundary conflict, if the appropriate Secretary determines there are Federal interests, including improvements, authorized uses, easements, hazardous materials, or historical and cultural resources, on the land that necessitates retention of the land. (3) Compensate the qualifying claimant for the value of the overlapping property for which title is confirmed and retained in Federal management pursuant to paragraph (2). (d) Consideration and Cost.-- (1) Conveyance without consideration.--The conveyance of land under subsection (c)(1) shall be made without consideration if the appropriate Secretary determines that the boundary conflict was the result of the innocent detrimental reliance by the qualifying claimant on a subsequent land survey. (2) Costs.--The appropriate Secretary shall-- (A) pay administrative, personnel, and any other costs associated with the implementation of this section, including the costs of survey, marking, and monumenting property lines and corners; and (B) reimburse the qualifying claimant for reasonable out-of-pocket survey costs necessary to establish a claim under this section. (3) Valuation.--Compensation paid to a qualifying claimant pursuant to subsection (c)(3) for land retained in Federal ownership pursuant to subsection (c)(2) shall be valued on the basis of the contributory value of the tract of land to the larger adjoining private parcel and not on the basis of the land being a separate tract. The appropriate Secretary shall not consider the value of any Federal improvements to the land. (e) Preexisting Conditions; Reservations; Existing Rights and Uses.-- (1) Preexisting conditions.--The appropriate Secretary shall not compensate a qualifying claimant or any other person for any preexisting condition or reduction in value of any land subject to a boundary conflict because of any existing or outstanding permits, use authorizations, reservations, timber removal, or other land use or condition. (2) Existing reservations and rights and uses.--Any conveyance pursuant to subsection (c)(1) shall be subject to-- (A) reservations for existing public uses for roads, utilities, and facilities; and (B) permits, rights-of-way, contracts and any other authorization to use the property. (3) Treatment of land subject to special use authorization or permit.--For any land subject to a special use authorization or permit for access or utilities, the appropriate Secretary may convert, at the request of the holder, such authorization to a permanent easement prior to any conveyance pursuant to subsection (c)(1). (4) Future reservations.--The appropriate Secretary may reserve rights for future public uses in a conveyance made pursuant to subsection (c)(1) if the qualifying claimant is compensated for the reservation in cash or in land of equal value. (f) Relation to Other Conveyance Authority.--Nothing in this section affects the Quiet Title Act (28 U.S.C. 2409a) or other applicable law, or affects the exchange and disposal authorities of the Secretary of Agriculture, including the Small Tracts Act (16 U.S.C. 521c), or the exchange and disposal authorities of the Secretary of the Army. (g) Additional Terms and Conditions.--The appropriate Secretary may require such additional terms and conditions in connection with a conveyance under subsection (c)(1) as the Secretary considers appropriate to protect the interests of the United States. Passed the House of Representatives November 17, 2003. Attest: JEFF TRANDAHL, Clerk.

Establishes procedures for resolving the status of Federal land in Barry and Stone County, Missouri, claimed by private property owners based on land surveys subsequent to the Public Land Survey System land surveys upon which the original land patents were issued. Requires claimants to submit notice to the Secretary of the Army or the Secretary of Agriculture (as appropriate) within 15 years of enactment of this Act and to establish their qualifications for a remedy. Authorizes the appropriate Secretary, upon receiving notice from a qualifying claimant, to take any or a combination of the following actions to resolve boundary conflicts: (1) convey and quitclaim all right, title, and interest of the United States in the disputed land; (2) if there are Federal interests in such land, confirm Federal title to it and retain it in Federal management; and (3) compensate the qualifying claimant where title is confirmed and retained pursuant to item (2). Requires conveyance of land under this Act without consideration, if the appropriate Secretary determines that the boundary conflict was the result of innocent detrimental reliance by the qualifying claimant on a subsequent land survey. Requires the appropriate Secretary to pay costs associated with the resolution of boundary disputes pursuant to this Act and to reimburse qualifying claimants for survey costs necessary to establish a claim. Establishes rules for the treatment of preexisting conditions, existing reservations, and existing rights and uses.

To resolve boundary conflicts in the vicinity of the Mark Twain National Forest in Barry and Stone Counties, Missouri, that resulted from private landowner reliance on a subsequent Federal survey, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm Freedom Act of 1995''. SEC. 2. REDUCTION IN TARGET PRICES AND TERMINATION OF DEFICIENCY PAYMENTS AND MARKETING LOANS FOR WHEAT, FEED GRAINS, RICE, AND COTTON. (a) Wheat.-- (1) Reduction in target prices.--In the case of any price support program for wheat administered by the Secretary of Agriculture, the established price for wheat for a crop year shall not exceed-- (A) for the 1996 crop of wheat, $3.84 per bushel; and (B) for the 1997 through 2000 crops of wheat, an amount that is four percent less than the established price for wheat for the preceding crop year. (2) Termination of deficiency payment and marketing loans.--Notwithstanding any other provision of law, for the 2001 and subsequent crops of wheat, the Secretary of Agriculture shall not make deficiency payments available to producers of wheat or permit producers to repay a price support loan at a rate below the original loan rate. (b) Corn.-- (1) Reduction in target prices.--In the case of any price support program for corn administered by the Secretary of Agriculture, the established price for corn for a crop year shall not exceed-- (A) for the 1996 crop of corn, $2.64 per bushel; and (B) for the 1997 through 2000 crops of corn, an amount that is four percent less than the established price for corn for the preceding crop year. (2) Termination of deficiency payment and marketing loans.--Notwithstanding any other provision of law, for the 2001 and subsequent crops of corn, the Secretary of Agriculture shall not make deficiency payments available to producers of corn or permit producers to repay a price support loan at a rate below the original loan rate. (c) Oats.-- (1) Reduction in target prices.--In the case of any price support program for oats administered by the Secretary of Agriculture, the established price for oats for a crop year shall not exceed-- (A) for the 1996 crop of oats, $1.39 per bushel; and (B) for the 1997 through 2000 crops of oats, an amount that is four percent less than the established price for oats for the preceding crop year. (2) Termination of deficiency payment and marketing loans.--Notwithstanding any other provision of law, for the 2001 and subsequent crops of oats, the Secretary of Agriculture shall not make deficiency payments available to producers of oats or permit producers to repay a price support loan at a rate below the original loan rate. (d) Grain Sorghums.-- (1) Reduction in target prices.--In the case of any price support program for grain sorghums administered by the Secretary of Agriculture, the established price for grain sorghums for a crop year shall not exceed-- (A) for the 1996 crop of grain sorghums, $2.51 per bushel; and (B) for the 1997 through 2000 crops of grain sorghums, an amount that is four percent less than the established price for grain sorghums for the preceding crop year. (2) Termination of deficiency payment and marketing loans.--Notwithstanding any other provision of law, for the 2001 and subsequent crops of grain sorghums, the Secretary of Agriculture shall not make deficiency payments available to producers of grain sorghums or permit producers to repay a price support loan at a rate below the original loan rate. (e) Barley.-- (1) Reduction in target prices.--In the case of any price support program for barley administered by the Secretary of Agriculture, the established price for barley for a crop year shall not exceed-- (A) for the 1996 crop of barley, $2.27 per bushel; and (B) for the 1997 through 2000 crops of barley, an amount that is four percent less than the established price for barley for the preceding crop year. (2) Termination of deficiency payment and marketing loans.--Notwithstanding any other provision of law, for the 2001 and subsequent crops of barley, the Secretary of Agriculture shall not make deficiency payments available to producers of barley or permit producers to repay a price support loan at a rate below the original loan rate. (f) Rice.-- (1) Reduction in target prices.--In the case of any price support program for rice administered by the Secretary of Agriculture, the established price for rice for a crop year shall not exceed-- (A) for the 1996 crop of rice, $10.28 per hundredweight; and (B) for the 1997 through 2000 crops of rice, an amount that is four percent less than the established price for rice for the preceding crop year. (2) Termination of deficiency payment and marketing loans.--Notwithstanding any other provision of law, for the 2001 and subsequent crops of rice, the Secretary of Agriculture shall not make deficiency payments available to producers of rice or permit producers to repay a price support loan at a rate below the original loan rate. (g) Upland Cotton.-- (1) Reduction in target prices.--In the case of any price support program for upland cotton administered by the Secretary of Agriculture, the established price for upland cotton for a crop year shall not exceed-- (A) for the 1996 crop of upland cotton, $0.70 per hundredweight; and (B) for the 1997 through 2000 crops of upland cotton, an amount that is four percent less than the established price for upland cotton for the preceding crop year. (2) Termination of deficiency payment and marketing loans.--Notwithstanding any other provision of law, for the 2001 and subsequent crops of upland cotton, the Secretary of Agriculture shall not make deficiency payments available to producers of upland cotton or permit producers to repay a price support loan at a rate below the original loan rate. (h) Extra Long Staple Cotton.-- (1) Reduction in target prices.--In the case of any price support program for extra long staple cotton administered by the Secretary of Agriculture, the established price for extra long staple cotton for a crop year shall not exceed-- (A) for the 1996 crop of extra long staple cotton, $0.918 per hundredweight; and (B) for the 1997 through 2000 crops of extra long staple cotton, an amount that is four percent less than the established price for extra long staple cotton for the preceding crop year. (2) Termination of deficiency payment and marketing loans.--Notwithstanding any other provision of law, for the 2001 and subsequent crops of extra long staple cotton, the Secretary of Agriculture shall not make deficiency payments available to producers of extra long staple cotton or permit producers to repay a price support loan at a rate below the original loan rate. (i) Future Repeal of Current Provisions Regarding Price Support.-- Effective October 1, 2000, the following provisions of the Agricultural Act of 1949, if still in effect on such date, are repealed: (1) Section 101 (7 U.S.C. 1441) regarding price support levels generally. (2) Section 101B (7 U.S.C. 1441-2) regarding loans, deficiency payments, and acreage reduction programs for rice. (3) Section 103(h) (7 U.S.C. 1444(h)) regarding loans, deficiency payments, and acreage reduction programs for extra long staple cotton. (4) Section 103B (7 U.S.C. 1444-2) regarding loans, deficiency payments, and acreage reduction programs for upland cotton. (5) Section 105B (7 U.S.C. 1444f) regarding loans, deficiency payments, and acreage reduction programs for feed grains. (6) Section 107B (7 U.S.C. 1445-3a) regarding loans, deficiency payments, and acreage reduction programs for wheat. (7) Any similar provisions of law, enacted after the date of the enactment of this Act, relating to loans, deficiency payments, and acreage reduction programs for the crops referred to in the preceding paragraphs. SEC. 3. ABANDONMENT OF ACREAGE REDUCTION PROGRAMS AND 0/85 AND 50/85 PROGRAMS. (a) Abandonment.--The Agricultural Act of 1949 is amended by inserting after section 115 (7 U.S.C. 1445k) the following new section: ``SEC. 116. ABANDONMENT OF RELIANCE ON ACREAGE REDUCTION PROGRAMS AND 0/85 AND 50/85 PROGRAMS AFTER THE 1998 CROP YEAR. ``(a) Zero Percentage ARP.--Beginning with the 1999 crops of rice, cotton, feed grains, and wheat, in operating any acreage reduction program on the production of such crops, the Secretary shall impose a uniform percentage reduction of zero percent to the applicable crop acreage base. ``(b) Effect on 0/85 and 50/85 Programs.--Because operation of the 0/85 and 50/85 programs for rice, cotton, feed grains, and wheat for a crop year are conditioned on implementation of an acreage reduction program for that crop year, the Secretary shall not conduct 0/85 and 50/85 programs for such crops after the 1998 crop year. ``(c) Definitions.--For purposes of this section: ``(1) The term `feed grains' means corn, oats, grain sorghums, and barley. ``(2) The term `acreage reduction program' means a program to reduce the crop acreage base for rice, cotton, feed grains, or wheat by an announced acreage reduction requirement, in the manner provided by-- ``(A) section 107B(e) of this Act, in the case of wheat; ``(B) section 105B(e) of this Act, in the case of feed grains; ``(C) section 103(h) of this Act, in the case of extra long staple cotton; ``(D) section 103B(e) of this Act, in the case of upland cotton; and ``(E) section 101B(e) of this Act, in the case of rice. ``(3) The term `0/85 and 50/85 programs' means a program that authorizes deficiency payments on a certain percentage of the maximum payment acres of a program crop even though the crop is not actually planted on such acres, in the manner provided by-- ``(A) section 107B(c)(1)(E) of this Act, in the case of wheat; ``(B) section 105B(c)(1)(E) of this Act, in the case of feed grains; ``(C) section 103B(c)(1)(D) of this Act, in the case of upland cotton; and ``(D) section 101B(c)(1)(D) of this Act, in the case of rice.''. (b) Preservation of Flex Acre Planting Flexibility.--Beginning with the 1999 crops of rice, cotton, feed grains, and wheat, the Secretary of Agriculture may not impose any restriction on the types of crops a producer may plant on that percentage of the producer's crop acreage base that is excluded from payment acres and ineligible for target price deficiency payments. SEC. 4. INCOME LIMITATIONS ON PARTICIPATION IN COMMODITY PRICE SUPPORT PROGRAMS. (a) Income Limitations on Participation.--Section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) is amended by adding at the end the following new paragraph: ``(8) Adjusted gross income limitation.-- ``(A) Limitation.--Subject to subparagraph (B), a person who has an adjusted gross income, as defined in section 62 of the Internal Revenue Code of 1986 (26 U.S.C. 62), of more than $100,000 annually shall not be eligible to receive deficiency payments and land diversion payments described in paragraph (1) or other payments described in paragraph (2)(B). ``(B) Exclusion of certain revenue.--Revenues from the farming, ranching, and forestry operations of a person shall be excluded from the calculation of the person's adjusted gross income under subparagraph (A).''. (b) Application.--The amendment made by subsection (a) shall apply to crop years beginning after the date of the enactment of this Act. SEC. 5. REDUCTION IN TOTAL AMOUNT OF AUTHORIZED DEFICIENCY PAYMENTS AND ACREAGE DIVERSION PAYMENTS. (a) $10,000 Reduction.--Section 1001(1)(A) of the Food Security Act of 1985 (7 U.S.C. 1308) is amended by striking ``$50,000'' and inserting ``$40,000''. (b) Application.--The amendment made by subsection (a) shall apply to crop years beginning after the date of the enactment of this Act. SEC. 6. BUDGETARY LIMITATIONS ON OUTLAYS FOR DEFICIENCY PAYMENTS FOR WHEAT, FEED, GRAINS, RICE, AND COTTON. (a) Limitation.--The total Commodity Credit Corporation outlays for deficiency payments for wheat, feed, grains, rice and cotton for the crop year 1996 through 2000 may not exceed-- (1) for fiscal year 1996, 88 percent of the projected Congressional Budget Office baseline of $6,556,000,000; (2) for fiscal year 1997, 70 percent of the projected Congressional Budget Office baseline of $6,525,000,000; (3) for fiscal year 1998, 53 percent of the projected Congressional Budget Office baseline of $6,936,000,000; (4) for fiscal year 1999, 40 percent of the projected Congressional Budget Office baseline of $6,921,000,000; (5) for fiscal year 2000, 23 percent of the projected Congressional Budget Office baseline of $6,671,000,000; (b) Proration of Payments.--In any crop year before deficiency payments are terminated under section 2, if the total Commodity Credit Corporation obligations for such payments are projected to exceed the applicable spending limit specified in subsection (a), the Secretary of Agriculture shall prorate deficiency payments to recipients to meet such spending limit. SEC. 7. SENSE OF CONGRESS REGARDING INCLUSION OF AGRICULTURAL COMMODITIES AND PRODUCTS IN TRADE EMBARGOES. It is the sense of Congress that trade embargoes, which include agricultural commodities and products produced in the United States among the prohibited items, should not used as a tool of United States foreign policy unless the embargo is directed against a country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(6)(j)(1)), has repeatedly provided support for acts of international terrorism. SEC. 8. REPORT ON FEASIBILITY OF PRIVATE REVENUE INSURANCE. Not later than six months after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report evaluating the feasibility of using revenue insurance for agricultural producers provided through the private sector as an alternative to the continued use of price support loans, deficiency payments, and other methods to provide income support to producers.

Farm Freedom Act of 1995 - Extends and reduces target prices for wheat, feed grains (corn, oats, grain sorghums, barley), rice, and cotton. Eliminates deficiency payments and marketing loans for such crops beginning with crop year 2001. Eliminates acreage reduction programs and 0-85 and 50-85 programs beginning with crop year 1999. Amends the Food Security Act of 1985 to: (1) impose specified income limitations on price support program participation; and (2) reduce producer deficiency and acreage diversion payments. Sets forth Commodity Credit Corporation deficiency payment budgetary limitations. Expresses the sense of the Congress against the use of U.S. agricultural commodities in trade embargoes, except for cases of state-supported terrorism. Directs the Secretary of Agriculture to report on the feasibility of agricultural producer private revenue insurance.

Farm Freedom Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agency for International Development Efficiency and Effectiveness Act of 1994''. SEC. 2. REDUCTIONS IN SPENDING FOR DEVELOPMENT ASSISTANCE BY THE AGENCY FOR INTERNATIONAL DEVELOPMENT. For fiscal years 1995 through 1999, budget authority and outlays for development assistance shall be less than the CBO baseline by at least the following amounts: (1) Fiscal year 1995.--For fiscal year 1995, budget authority shall be at least $580,000,000 less and outlays shall be at least $40,000,000 less. (2) Fiscal year 1996.--For fiscal year 1996, budget authority shall be at least $600,000,000 less and outlays shall be at least $290,000,000 less. (3) Fiscal year 1997.--For fiscal year 1997, budget authority shall be at least $610,000,000 less and outlays shall be at least $430,000,000 less. (4) Fiscal year 1998.--For fiscal year 1998, budget authority shall be at least $630,000,000 less and outlays shall be at least $500,000,000 less. (5) Fiscal year 1999.--For fiscal year 1999, budget authority shall be at least $640,000,000 less and outlays shall be at least $560,000,000 less. SEC. 3. STEPS TO IMPLEMENT REDUCTIONS. (a) In General.--To achieve the budget savings provided for in section 2, the Agency for International Development shall narrow its focus and fund fewer development assistance projects and activities. This shall be accomplished-- (1) by funding only projects and activities that have objectives that are more attainable than the numerous objectives that are specified in the provisions of law in effect on the date of enactment of this Act; and (2) by funding only projects and activities that are in the countries that are most likely to benefit from such development assistance. (b) Reduction in Number of Recipient Countries.-- (1) In general.--The Agency for International Development shall target development assistance to lower income countries that have economic policies designed to encourage growth through free markets and trade, thereby reducing the number of countries that receive development assistance from that agency to approximately 60. (2) Ineligible countries.--The Agency for International Development may not provide development assistance for-- (A) middle income countries, or (B) lower income countries where development assistance has not shown results. (c) Reduction in Number of Objectives.-- (1) In general.--The Agency for International Development may provide development assistance only for projects and activities that focus on alleviating poverty and promoting economic development. (2) Termination of housing investment guaranty program.-- Guaranties may not be issued under sections 221 and 222 of the Foreign Assistance Act of 1961 after September 30, 1994. (3) Transfer of responsibility for other programs to other agencies.--(A) The President shall transfer responsibility for administering all development assistance programs that have an objective other than alleviating poverty and promoting economic development from the Agency for International Development to an agency of the United States Government whose mission is closer to that objective. (B) In carrying out subparagraph (B), the President-- (i) shall transfer private sector activities from the Agency for International Development to the Overseas Private Investment Corporation; and (ii) shall transfer responsibility for environmental protection activities in developing countries to the Environmental Protection Agency. (4) Transferred programs.--(A) The head of each agency to which responsibility for a program is transferred pursuant to paragraph (3) shall determine, nothwithstanding any other provision of law-- (i) which such programs shall be continued, and (ii) what policies and authorities shall be applicable to any such program that is continued. (B) Programs which are transferred from the Agency for International Development to another agency pursuant to paragraph (3) and continued pursuant to subparagraph (A)(i) of this paragraph shall be carried out by that agency with funds appropriated for that agency rather than with development assistance funds or other funds in budget function 150 (international affairs). (d) Existing Provisions Superseded.--To the extent necessary to achieve the budget savings provided for in section 2, this section supersedes provisions of law enacted prior to the date of enactment of this Act that would otherwise be applicable to development assistance provided by the Agency for International Development. (e) Effective Date.--This section shall be effective as of October 1, 1994. SEC. 4. DEFINITIONS. As used in this Act-- (1) the term ``CBO baseline'' means the baseline budget projections used by the Congressional Budget Office in preparing its February 1993 reported entitled ``Reducing the Deficit: Spending and Revenue Options'', which was submitted to the Committee on the Budget of the House of Representatives and the Committee on the Budget of the Senate pursuant to section 202(f) of the Congressional Budget and Impoundment Control Act of 1974; and (2) the term ``development assistance'' means assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to the functional development assistance accounts) and assistance under chapter 10 of that part (relating to the Development Fund for Africa). HR 3775 IH

Agency for International Development Efficiency and Effectiveness Act of 1994 - Reduces budget authority and outlays for development assistance by specified amounts below the Congressional Budget Office baseline in FY 1995 through 1999. Requires the Agency for International Development (AID) to narrow its focus and fund fewer development assistance projects to achieve such budget savings. Directs AID to target assistance to lower income countries that have economic policies designed to encourage growth through free markets and trade, thereby reducing the number of countries that receive development assistance to approximately 60. Bars development assistance for middle income countries or lower income countries where such assistance has not shown results. Permits AID to provide assistance only for projects that focus on alleviating poverty and promoting economic development. Terminates the housing investment guaranty program under the Foreign Assistance Act of 1961 after September 30, 1994. Requires the President to transfer responsibility for administering all development assistance programs that have an objective other than alleviating poverty and promoting economic development from AID to a Government agency whose mission is closer to the objective. Transfers: (1) private sector activities to the Overseas Private Investment Corporation; and (2) environmental protection activities in developing countries to the Environmental Protection Agency. Requires transferred programs to be carried out with funds appropriated for that agency rather than with development assistance or international affairs program funds. Provides that this Act supersedes existing law applicable to AID development assistance.

Agency for International Development Efficiency and Effectiveness Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm Income and Trade Equity Act of 1999''. SEC. 2. TRANSITIONAL INTERNATIONAL MARKETING EQUITY PAYMENTS. Subtitle B of the Agricultural Market Transition Act (7 U.S.C. 7211 et seq.) is amended by adding at the end the following: ``SEC. 119. TRANSITIONAL INTERNATIONAL MARKETING EQUITY PAYMENTS. ``(a) In General.--Not later than September 30, 1999, an owner or producer subject to a contract that is actively engaged in farming may make a 1-time election for each of the 1999 and subsequent fiscal years to-- ``(1) receive a payment for a loan commodity under this section; ``(2) receive a marketing assistance loan for the loan commodity based on the loan rate established under section 132(g); and ``(3) forfeit contract payments and marketing assistance loans payable under other provisions of this subtitle and subtitle C. ``(b) Payment Amount.--Subject to subsection (f), the amount of a payment made to an owner or producer for a crop of a loan commodity under this section shall be equal to the product obtained by multiplying-- ``(1) the payment rate determined under subsection (c); by ``(2) the acreage base for the crop determined under subsection (d); by ``(3) the payment yield for the crop for the farm determined under subsection (e). ``(c) Payment Rate.-- ``(1) Wheat, feed grains, and oilseeds.-- ``(A) In general.--The payment rate for a crop of wheat, corn, barley, and oilseeds under subsection (b)(1) shall be equal to the difference between-- ``(i) the European Union support level for the crop determined under this paragraph; and ``(ii) the loan rate for a marketing assistance loan for the crop determined under section 132(g). ``(B) European union support level.--The European support level for a crop under subparagraph (A)(i) shall be equal to the sum of-- ``(i) the intervention price paid by the European Union for the crop (in United States dollars) determined under subparagraph (C); and ``(ii) the amount of compensatory payments paid by the European Union for the crop (in United States dollars) determined under subparagraph (D). ``(C) Intervention price.--The intervention price for a crop under subparagraph (B)(i) shall be determined by-- ``(i) multiplying-- ``(I) the European intervention price for the crop in euros per metric ton; by ``(II) the average European-United States exchange rate in dollars per euro during the immediately preceding 12 months; and ``(ii) dividing the product obtained under clause (i) by the number of bushels per metric ton for the crop. ``(D) Compensatory payments.--The amount of compensatory payments under subparagraph (B)(ii) shall be determined by-- ``(i) multiplying-- ``(I) the amount of compensatory payments made by the European Union for the crop in euros per metric ton; by ``(II) the average European-United States exchange rate in dollars per euro during the immediately preceding 12 months; and ``(ii) dividing the product obtained under clause (i) by the number of bushels per metric ton for the crop. ``(E) Other feed grains.--The payment rate for a crop of grain sorghum and oats, respectively, under subsection (b)(1) shall be established at such level as the Secretary determines is fair and reasonable in relation to the payment rate for corn under this paragraph, taking into consideration the feeding value of the commodity in relation to corn. ``(2) Cotton and rice.--The payment rate for a crop of upland cotton, extra long staple cotton, and rice, respectively, under subsection (b)(1) shall be established at such level as the Secretary determines is fair and reasonable in relation to the payment rate for wheat under this paragraph, taking into consideration the historical price relationship between the commodity and wheat (as determined by the Secretary). ``(3) Adjustment.--The Secretary may adjust the payment rate for a crop of a loan commodity under this subsection to provide support for owners and producers at a level that is consistent with the amount of compensatory payments made by the European Union for the loan commodity. ``(d) Acreage Base.--The acreage base for a crop of a loan commodity under subsection (b)(2) shall be 85 percent of the contract acreage. ``(e) Payment Yield.--The payment yield for a crop of a loan commodity under subsection (b)(3) shall be the farm program payment yield. ``(f) Maximum Amount of Payments and Loan Gains.-- ``(1) Limitation on payments.--For any fiscal year, the total amount of payments made under subsection (b)(1) to a person may not exceed $40,000. ``(2) Limitation on marketing loan gains.--For any crop year, the total amount of any gain realized by a person from repaying marketing assistance loans under subsection (a)(2) for 1 or more loan commodities at a lower level than the original loan rate established for the loan commodities under section 132 (other than subsection (g)) shall be $75,000. ``(3) Regulation.-- ``(A) In general.--The Secretary shall promulgate a regulation-- ``(i) defining the term `person' for purposes of this subsection that ensures, to the maximum extent practicable, that individuals of the same family, entities under the ownership or control of the same corporation, or other related parties do not receive multiple payments or marketing assistance loans under subsection (a); and ``(ii) prescribing such rules as the Secretary determines are necessary to ensure a fair and reasonable application of the limitations established under this subsection. ``(B) Related provisions.--The regulation shall be consistent with paragraphs (5) through (7) of section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308).''. SEC. 3. NONRECOURSE MARKETING ASSISTANCE LOANS. Section 132 of the Agricultural Market Transition Act (7 U.S.C. 7232) is amended by adding at the end the following: ``(g) Alternative Loan Rate.--Subject to section 119(f), notwithstanding subsections (a) through (f), in the case of an owner or producer described in section 119(a), the loan rate for a crop of a loan commodity shall be 100 percent of the simple average price received by producers of the loan commodity, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of the loan commodity, excluding the year in which the average price was the highest and the year in which the average price was the lowest.''. SEC. 4. INCREASED AGRICULTURAL TRADE ASSISTANCE IN RESPONSE TO DIRECT EXPORT SUBSIDIES BY EUROPEAN UNION. Section 301(e) of the Agricultural Trade Act of 1978 (7 U.S.C. 5651(e)) is amended-- (1) in paragraph (1)-- (A) by striking ``The'' and inserting ``Subject to paragraph (3), the''; and (B) by striking subparagraph (E) and inserting the following: ``(E) $3,850,000,000 for fiscal year 2000;''; and (2) by adding at the end the following: ``(3) Response to direct export subsidies by european union.-- ``(A) Carryover.--Amounts made available under subparagraphs (E) through (G) of paragraph (1) shall remain available until expended. ``(B) Minimum funding levels.--Subject to paragraph (1) and subparagraphs (A) and (C), for each of fiscal years 2000 through 2002, the Commodity Credit Corporation shall make available to carry out the program established under this section and the dairy export incentive program established under section 153 of the Food Security Act of 1985 (15 U.S.C. 713a-14) an amount that is equal to the amount the Secretary determines the European Union will expend on direct export subsidies for that fiscal year. ``(C) Uruguay round trade agreement limitation.-- For each of fiscal years 2000 through 2002, if the Commodity Credit Corporation is unable to comply with subparagraph (B) as the result of a limitation imposed by the Uruguay Round Trade Agreement on Agriculture, the Secretary shall increase the amount of assistance made available to carry out title I of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.) by an amount that, when combined with assistance made available by the Corporation under subparagraph (B), is equal to the amount that the Secretary determines the European Union will expend on direct export subsidies for that fiscal year.''. SEC. 5. APPLICATION. (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act shall apply beginning with the 1999 crop of a loan commodity (as defined in section 102 of the Agricultural Market Transition Act (7 U.S.C. 7202)). (b) Agricultural Trade Assistance.--The amendments made by section 4 shall apply beginning with fiscal year 2000.

Farm Income and Trade Equity Act of 1999 - Amends the Agricultural Market Transition Act to authorize agricultural owners or producers subject to production flexibility contracts to permanently elect to receive payments and marketing assistance loans which factor in European Union (EU) support levels in lieu of contract payments and marketing assistance loans under such Act. Sets forth payment rate and related provisions for: (1) wheat, feed grains, and oilseeds; and (2) cotton and rice. Sets forth alternative loan rate provisions for electing owners or producers. Amends the Agricultural Trade Act of 1978 to provide for increased funding (including situations affected by Uruguay Round Trade Agreement caps) for the export enhancement program and the dairy export incentive program (under the Food Security Act of 1985) equal to direct EU subsidies.

Farm Income and Trade Equity Act of 1999

SECTION 1. PROMOTING YOUTH FINANCIAL LITERACY. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.) is amended by adding at the end the following new part: ``PART L--PROMOTING YOUTH FINANCIAL LITERACY ``SEC. 10993. SHORT TITLE AND FINDINGS. ``(a) Short Title.--This part may be cited as the `Youth Financial Education Act'. ``(b) Findings.--Congress finds the following: ``(1) In order to succeed in our dynamic American economy, young people must obtain the skills, knowledge, and experience necessary to manage their personal finances and obtain general financial literacy. All young adults should have the educational tools necessary to make informed financial decisions. ``(2) Despite the critical importance of financial literacy to young people, the average student who graduates from high school lacks basic skills in the management of personal financial affairs. A nationwide survey conducted in 1997 by the Jump$tart Coalition for Personal Financial Literacy examined the financial knowledge of 1,509 12th graders. On average, survey respondents answered only 57 percent of the questions correctly, and only 5 percent of the respondents received a `C' grade or better. ``(3) An evaluation by the National Endowment for Financial Education High School Financial Planning Program undertaken jointly with the United States Department of Agriculture Cooperative State Research, Education, and Extension Service demonstrates that as little as 10 hours of classroom instruction can impart substantial knowledge and affect significant change in how teens handle their money. ``(4) State educational leaders have recognized the importance of providing a basic financial education to students in grades kindergarten through 12 by integrating financial education into State educational standards, but by 1999 only 14 States required schools to implement personal finance standards into the academic curriculum. ``(5) Teacher training and professional development are critical to achieving youth financial literacy. Teachers confirm the need for professional development in personal finance education. In a survey by the National Institute for Consumer Education, 77 percent of a State's economics teachers revealed that they had never had a college course in personal finance. ``(6) Personal financial education helps prepare students for the workforce and for financial independence by developing their sense of individual responsibility, improving their life skills, and providing them with a thorough understanding of consumer economics that will benefit them for their entire lives. ``(7) Financial education integrates instruction in valuable life skills with instruction in economics, including income and taxes, money management, investment and spending, and the importance of personal savings. ``(8) The consumers and investors of tomorrow are in our schools today. The teaching of personal finance should be encouraged at all levels of our Nation's educational system, from kindergarten through grade 12. ``SEC. 10994. STATE GRANT PROGRAM. ``(a) Program Authorized.--The Secretary is authorized to provide grants to State educational agencies to develop and integrate youth financial education programs for students in elementary and secondary schools. ``(b) State Plan.-- ``(1) Approved state plan required.--To be eligible to receive a grant under this section, a State shall submit an application which includes a State plan, described in paragraph (2), approved by the Secretary. ``(2) State plan contents.--The State plan referred to in paragraph (1) shall include-- ``(A) a description of how the State will use grant funds; ``(B) a description of how the programs supported by a grant will be coordinated with other relevant Federal, State, regional, and local programs; and ``(C) a description of how the State will evaluate program performance. ``(c) Allocation of Funds.-- ``(1) Allocation factors.--Except as otherwise provided in paragraph (2), the Secretary shall allocate the amounts made available to carry out this section pursuant to subsection (a) to each State according to the relative populations in all the States of students in grades kindergarten through 12, as determined by the Secretary based on the most recent satisfactory data. ``(2) Minimum allocation.--Subject to the availability of appropriations and notwithstanding paragraph (1), a State that has submitted an approved plan under subsection (b) shall be allocated an amount not less than $500,000 for a fiscal year. ``(3) Reallocation.--In any fiscal year an allocation under this subsection-- ``(A) for a State that has not submitted a plan under subsection (b); or ``(B) for a State whose plan submitted under subsection (b) has been disapproved by the Secretary; shall be reallocated to States with approved plans under this section in accordance with paragraph (1). ``(d) Use of Grant Funds.-- ``(1) Required uses.--A grant made to a State under this part shall be used-- ``(A) to provide funds to local educational agencies and public schools to carry out financial education programs for students in grades kindergarten through 12 based on the concept of achieving financial literacy through the teaching of personal financial management skills and the basic principles involved with earning, spending, saving, and investing; ``(B) to carry out professional development programs to prepare teachers and administrators for financial education; and ``(C) to monitor and evaluate programs supported under subparagraphs (A) and (B). ``(2) Limitation on administrative costs.--A State receiving a grant under subsection (a) may use not more than 4 percent of the total amount of the grant in each fiscal year for the administrative costs of carrying out this section. ``(e) Report to the Secretary.--Each State educational agency receiving a grant under this section shall transmit a report to the Secretary with respect to each fiscal year for which a grant is received. The report shall describe the programs supported by the grant and the results of the State's monitoring and evaluation of such programs. ``SEC. 10995. CLEARINGHOUSE. ``(a) Authority.--Subject to the availability of appropriations, the Secretary shall make a grant to or execute a contract with an organization or institution with substantial experience in the field of financial education, such as the Jump$tart Coalition for Personal Financial Literacy, to establish, operate, and maintain a national clearinghouse (in this part referred to as the Clearinghouse) for instructional materials and information regarding model financial education programs and best practices. ``(b) Application.--An organization or institution desiring to establish, operate, and maintain the Clearinghouse shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require. ``(c) Basis and Term.--The Secretary shall make the grant or contract authorized under subsection (a) on a competitive, merit basis for a term of 5 years. ``(d) Use of Funds.--The Clearinghouse shall use the funds provided under a grant or contract made under subsection (a)-- ``(1) to maintain a repository of instructional materials and related information regarding financial education programs for elementary and secondary schools, including kindergartens, for use by States, localities, and the general public; ``(2) to disseminate to States, localities, and the general public, through electronic and other means, instructional materials and related information regarding financial education programs for elementary and secondary schools, including kindergartens; and ``(3) to the extent that resources allow, to provide technical assistance to States, localities, and the general public on the design, establishment, and implementation of financial education programs for elementary and secondary schools, including kindergartens. ``(e) Consultation.--The chief executive officer of the organization selected to establish and operate the Clearinghouse shall consult with the Department of the Treasury and the Securities Exchange Commission with respect to its activities under subsection (d). ``(f) Submission to Clearinghouse.--Each Federal agency or department that develops financial education programs and instructional materials for such programs shall submit to the Clearinghouse information on the programs and copies of the materials. ``(g) Application of Copyright Laws.--In carrying out this section the Clearinghouse shall comply with the provisions of title 17 of the United States Code. ``SEC. 10996. EVALUATION AND REPORT. ``(a) Performance Measures.--The Secretary shall develop measures to evaluate the performance of programs assisted under sections 10994 and 10995. ``(b) Evaluation According to Performance Measures.--Applying the performance measures developed under subsection (a), the Secretary shall evaluate programs assisted under sections 10994 and 10995-- ``(1) to judge their performance and effectiveness; ``(2) to identify which of the programs represent the best practices of entities developing financial education programs for students in grades kindergarten through 12; and ``(3) to identify which of the programs may be replicated and used to provide technical assistance to States, localities, and the general public. ``(c) Report.--For each fiscal year for which there are appropriations under section 10999(a), the Secretary shall transmit a report to the Congress describing the status of the implementation of this part. The report shall include the results of the evaluation required under subsection (b) and a description of the programs supported under section 10994. ``SEC. 10997. DEFINITIONS. ``In this part-- ``(1) the term `financial education' means educational activities and experiences, planned and supervised by qualified teachers, that enable students to understand basic economic and consumer principals, acquire the skills and knowledge necessary to manage personal and household finances, and develop a range of competencies that will enable them to become responsible consumers in today's complex economy; ``(2) the terms `local educational agency', `State educational agency', and `outlying area' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965; ``(3) the term `qualified teacher' means a teacher who holds a valid teaching certification or is considered to be qualified by the State educational agency in the State in which the teacher works; ``(4) the term `Secretary' means the Secretary of Education; and ``(5) the term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each outlying area. ``SEC. 10998. PROHIBITION. ``Nothing in this part shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school's specific instructional content, curriculum, or program of instruction, as a condition of eligibility to receive funds under this part. ``SEC. 10999. AUTHORIZATION OF APPROPRIATIONS. ``(a) Authorization.--For the purposes of carrying out this part, there are authorized to be appropriated $100,000,000 for each of the fiscal years 2000 through 2004. ``(b) Limitation on Funds for Clearinghouse.--The Secretary may use not less than 2 percent and not more than 5 percent of amounts appropriated under subsection (a) for each fiscal year to carry out section 10995. ``(c) Limitation on Funds for Secretary Evaluation.--The Secretary may use not more than $200,000 from the amounts appropriated under subsection (a) for each fiscal year to carry out subsections (a) and (b) of section 10996. ``(d) Limitation on Administrative Costs.--Except as necessary to carry out subsections (a) and (b) of section 10996 using amounts described in subsection (c) of this section, the Secretary shall not use any portion of the amounts appropriated under subsection (a) for the costs of administering this part.''.

Youth Financial Education Act - Amends the Elementary and Secondary Education Act of 1965 to establish a new part L, Promoting Youth Financial Literacy, under title X (Programs of National Significance). Authorizes the Secretary of Education to provide grants to State educational agencies (SEAs) to develop and integrate youth financial education programs for students in elementary and secondary schools. Sets forth requirements for State plans and for allocation of grants to States. Requires States to use grants to: (1) provide funds to local educational agencies (LEAs) and public schools to carry out financial education programs for students in kindergarten through grade 12 based on the concept of achieving financial literacy through the teaching of personal financial management skills and the basic principles involved with earning, spending, saving, and investing; (2) carry out professional development programs to prepare teachers and administrators for financial education; and (3) monitor and evaluate programs. Directs the Secretary to make a grant to or contract with an entity with substantial financial education experience for a national clearinghouse for instructional materials and information on model financial education programs and best practices. Directs the Secretary to: (1) develop performance measures for the part L programs of State grants and of the clearinghouse; and (2) report to the Congress annually on the implementation of part L programs. Authorizes appropriations.

Youth Financial Education Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Former Soviet Union State Pension Fairness Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) According to the 2009 American Community Survey, over 1.1 million immigrants from the fifteen states of the former Soviet Union currently live in the United States. (2) Many such immigrants worked for decades for state-run industries in their countries of origin. (3) As a result of such years of hard work, such immigrants earned government pensions in their countries of origin. (4) According to the 2009 American Community Survey, 37 percent of such immigrants are out of the labor force, 18 percent are aged 65 and over, and 17 percent live below the poverty line. (5) Many such immigrants are elderly, retired, and poor, living on fixed incomes. (6) Many such immigrants are Jews who fled due to religious persecution. (7) Many of such immigrants who are Jews were forced to give up their citizenship before being allowed to leave their country of origin. (8) The United States has negotiated agreements with 24 countries, often called ``totalization agreements'', to coordinate comprehensively public pension coverage and benefits across countries. (9) The 24 countries with which the United States has totalization agreements are Australia, Austria, Belgium, Canada, Chile, Czech Republic, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, South Korea, Luxembourg, the Netherlands, Norway, Poland, Portugal, Spain, Sweden, Switzerland, and the United Kingdom. (10) The United States does not pay Social Security benefits to noncitizens residing outside the United States for more than six consecutive months (``alien nonpayment provision'') unless certain exceptions are met. (11) One exception to the alien nonpayment provision, under section 202(t) of the Social Security Act, is if the alien is a citizen of a country that has a social insurance or pension system which meets certain criteria, including having a system under which benefits are paid to eligible United States citizens who reside outside that country. (12) The United States has arrangements with 71 countries under section 202(t) of the Social Security Act, in which the United States pays a foreign country's citizens who earned Social Security while working in the United States but have since moved abroad because that foreign country pays United States citizens who earned pensions in that foreign country but have since moved abroad. (13) According to the Social Security Administration, these 71 countries are Albania, Antigua and Barbuda, Argentina, Austria, Bahamas, Barbados, Belgium, Belize, Bolivia, Bosnia- Herzegovina, Brazil, Burkina Faso, Canada, Chile, Colombia, Costa Rica, Cote D'Ivoire, Croatia, Cyprus, Czech Republic, Denmark, Dominica, Dominican Republic, Ecuador, El Salvador, Finland, France, Gabon, Grenada, Guatemala, Guyana, Hungary, Iceland, Jamaica, Jordan, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Marshall Islands, Mexico, Federated States of Micronesia, Monaco, Montenegro, Nicaragua, Norway, Palau, Panama, Peru, Philippines, Poland, Portugal, St. Kitts and Nevis, St. Lucia, Samoa, San Marino, Serbia, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, The Netherlands, Trinidad-Tobago, Turkey, United Kingdom, Uruguay, and Venezuela. (14) Not all persons from the states of the former Soviet Union who now live in the United States are paid pensions that they worked for and earned while working in such states. (15) The Secretary of State and the Commissioner of Social Security have worked with the governments of the states of the former Soviet Union to encourage such states to adopt policies that would allow receipt of pensions for all individuals who worked in any such state and earned a pension and currently reside in the United States. (16) In June 2009, the House of Representatives by voice vote adopted House Amendment 185 to H.R. 2410, the Foreign Relations Authorization Act, Fiscal Years 2010 and 2011, which stated it is the ``sense of Congress that the United States should continue working with the states of the former Soviet Union to come to an agreement whereby each state of the former Soviet Union would pay the tens of thousands of beneficiaries who have immigrated to the United States the pensions for which they are eligible and entitled.''. (17) In October 2009, the Constitutional Court of Ukraine ruled that its law barring pension payments to those who lived in Ukraine or lived in countries with which Ukraine had a pension treaty was unconstitutional. (18) To allow Ukrainians in the United States to receive the pensions they earned pursuant to the decision of the Constitutional Court of Ukraine, its decision has to be implemented through legislation. SEC. 3. DIRECTION TO SECRETARY OF STATE AND COMMISSIONER OF SOCIAL SECURITY RELATING TO PENSION POLICIES OF STATES OF THE FORMER SOVIET UNION. (a) In General.--The Secretary of State and the Commissioner of Social Security are authorized and directed to continue to work with the governments of the states of the former Soviet Union to encourage such states to adopt policies that would allow receipt of pensions for individuals who worked in any such state and earned a pension and currently reside in the United States. (b) Priority in U.S. Foreign Policy.--The Secretary of State is authorized and directed to continue to make the adoption of policies described in subsection (a) by the states of the former Soviet Union a priority in the conduct of United States foreign policy with such states. SEC. 4. REPORT. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Commissioner of Social Security shall jointly submit to Congress a report on the implementation of this Act for the preceding year. Such report shall include a detailed description of the progress that has been made to encourage the states of the former Soviet Union to adopt policies described in section 3(a). SEC. 5. STATES OF THE FORMER SOVIET UNION DEFINED. In this Act, the term ``states of the former Soviet Union'' means Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan.

Former Soviet Union State Pension Fairness Act of 2011 - Directs the Secretary of State and the Commissioner of Social Security to continue to work with the governments of the states of the former Soviet Union to encourage them to adopt policies that would allow receipt of pensions for individuals who worked in any such state and earned a pension and currently reside in the United States.

To authorize and direct the Secretary of State and the Commissioner of Social Security to continue to work with the governments of the states of the former Soviet Union to encourage such states to adopt policies that would allow receipt of pensions for individuals who worked in any such state and earned a pension and currently reside in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Consumer Assistance Act''. SEC. 2. GRANTS. (a) In General.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall award grants to States to enable such States to enter into contracts for the establishment of consumer assistance programs designed to assist consumers of health insurance in understanding their rights, responsibilities and choices among health insurance products. (b) Eligibility.--To be eligible to receive a grant under this section a State shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a State plan that describes-- (1) the manner in which the State will solicit proposals for, and enter into a contract with, an entity eligible under section 3 to serve as the health insurance consumer office for the State; and (2) the manner in which the State will ensure that advice and assistance services for health insurance consumers are coordinated through the office described in paragraph (1). (c) Amount of Grant.-- (1) In general.--From amounts appropriated under section 5 for a fiscal year, the Secretary shall award a grant to a State in an amount that bears the same ratio to such amounts as the number of individuals within the State covered under a health insurance plan (as determined by the Secretary) bears to the total number of individuals covered under a health insurance plan in all States (as determined by the Secretary). Any amounts provided to a State under this section that are not used by the State shall be remitted to the Secretary and reallocated in accordance with this paragraph. (2) Minimum amount.--In no case shall the amount provided to a State under a grant under this section for a fiscal year be less than an amount equal to .5 percent of the amount appropriated for such fiscal year under section 5. SEC. 3. ELIGIBILITY OF STATE ENTITIES. To be eligible to enter into a contract with a State and operate as the health insurance consumer office for the State under this Act, an entity shall-- (1) be an independent, nonprofit entity with demonstrated experience in serving the needs of health care consumers (particularly low income and other consumers who are most in need of consumer assistance); (2) prepare and submit to the State a proposal containing such information as the State may require; (3) demonstrate that the entity has the technical, organizational, and professional capacity to operate the health insurance consumer office within the State; (4) provide assurances that the entity has no real or perceived conflict of interest in providing advice and assistance to consumers regarding health insurance and that the entity is independent of health insurance plans, companies, providers, payers, and regulators of care; and (5) demonstrate that, using assistance provided by the State, the entity has the capacity to provide assistance and advice throughout the State to public and private health insurance consumers regardless of the source of coverage. SEC. 4. USE OF FUNDS. (a) By State.--A State shall use amounts received under a grant under this Act to enter into a contract described in section 2(a) to provide funds for the establishment and operation of a health insurance consumer office. (b) By Entity.-- (1) In general.--An entity that enters into a contract with a State under this Act shall use amounts received under the contract to establish and operate a health insurance consumer office. (2) Noncompliance.--If the State fails to enter into a contract under subsection (a), the Secretary shall withhold amounts to be provided to the State under this Act and use such amounts to enter into the contract described in paragraph (1) for the State. (c) Activities of Office.--A health insurance consumer office established under this Act shall-- (1) provide information to health insurance consumers within the State relating to choice of health insurance products and the rights and responsibilities of consumers and insurers under such products; (2) operate toll-free telephone hotlines to respond to requests for information, advice or assistance concerning health insurance in a timely and efficient manner; (3) produce and disseminate educational materials concerning health insurance consumer and patient rights; (4) provide assistance and representation (in nonlitigative settings) to individuals who desire to appeal the denial, termination, or reduction of health care services, or the refusal to pay for such services, under a health insurance plan; (5) make referrals to appropriate private and public individuals or entities so that inquiries, problems, and grievances with respect to health insurance can be handled promptly and efficiently; and (6) collect data concerning inquiries, problems, and grievances handled by the office and disseminate a compilation of such information to employers, health plans, health insurers, regulatory agencies, and the general public. (d) Availability of Services.--The office shall not discriminate in the provision of services regardless of the source of the individual's health insurance coverage or prospective coverage, including individuals covered under employer-provided insurance, self-funded plans, the medicare or medicaid programs under title XVIII or XIX of the Social Security Act (42 U.S.C. 1395 and 1396 et seq.), or under any other Federal or State health care program. (e) Subcontracts.--An office established under this section may carry out activities and provide services through contracts entered into with 1 or more nonprofit entities so long as the office can demonstrate that all of the requirements of this Act are met by the office. (f) Training.-- (1) In general.--An office established under this section shall ensure that personnel employed by the office possess the skills, expertise, and information necessary to provide the services described in subsection (c). (2) Contracts.--To meet the requirement of paragraph (1), an office may enter into contracts with 1 or more nonprofit entities for the training (both through technical and educational assistance) of personnel and volunteers. To be eligible to receive a contract under this paragraph, an entity shall be independent of health insurance plans, companies, providers, payers, and regulators of care. (3) Limitation.--Not to exceed 7 percent of the amount awarded to an entity under a contract under subsection (a) for a fiscal year may be used for the provision of training under this section. (g) Administrative Costs.--Not to exceed 1 percent of the amount of a block grant awarded to the State under subsection (a) for a fiscal year may be used for administrative expenses by the State. (h) Term.--A contract entered into under subsection (a) shall be for a term of 3 years. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Health Care Consumer Assistance Act - Directs the Secretary of Health and Human Services to award grants to enable States to contract for the establishment of consumer assistance programs designed to assist consumers of health insurance in understanding their rights, responsibilities, and choices among health insurance products. Prescribes guidelines for: (1) State grant eligibility; and (2) entities operating health insurance consumer offices for the State. Authorizes appropriations.

Health Care Consumer Assistance Act

SECTION 1. FINDINGS. Congress finds as follows: (1) Each year, in every corner of the Nation, the 850,000 first responders of Emergency Medical Services answer more than 30,000,000 calls to serve 22,000,000 patients in need of life saving care and comfort at a moment's notice and without reservation. With little regard for their own safety and in the face of all hazards the men and women of Emergency Medical Services respond across the spectrum of incidents from a single person's medical emergency to the naturally occurring or man- made disasters, including terrorist attacks that threaten the entire Nation. This commitment to others, at a moment's notice and despite risk, exemplifies the finest traditions of American spirit. (2) As an element of the Nation's homeland defense strategy, Emergency Medical Services stands on the ``Nation's first line of defense in the prevention and mitigation of risk from terrorist attacks, man-made incidents, and natural disasters.''. The men and women of Emergency Medical Services, alongside those in Law Enforcement and the Fire Service, serving in both the public and private sectors as career and volunteer emergency medical service providers, are a critical element of the Nation's homeland and national security efforts and provide for the domestic tranquility of its citizens. (3) All too often the risks associated with the critical role of Emergency Medical Services results in an unacceptable rate of injury and fatality to these responders. Statistics compiled by the United States Department of Labor and the National Highway Safety Administration indicate that emergency medical services providers die in the line of duty at a rate more than twice the national average for all occupational fatalities and during their careers experience an injury rate of virtually 100 percent. (4) We as a Nation have historically and continually relied on the selfless and ultimate sacrifices made by the men and women of this great country, their families, and loved ones in order to maintain the domestic tranquility, safety, and security of this Nation. The men and women of Emergency Medical Services continue to serve in this finest tradition, in the face of unacceptable sacrifice, risk and danger in service to the Nation and its citizens. (5) The scope of responsibility assumed by the men and women of the Emergency Medical Services is broad and unique and their sacrifice and commitment in service to our Nation are deserving of a commemorative work that recognizes such. SEC. 2. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK. (a) In General.--The National Emergency Medical Services Memorial Foundation may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate the commitment and service represented by emergency medical services. (b) Compliance With Standards for Commemorative Works.--The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the ``Commemorative Works Act''). (c) Prohibition on the Use of Federal Funds.-- (1) In general.--Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section. (2) Responsibility of national emergency medical services memorial foundation.--The National Emergency Medical Services Memorial Foundation shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work under this section. (d) Deposit of Excess Funds.-- (1) In general.--If upon payment of all expenses for the establishment of the memorial (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work, the Association shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code. (2) On expiration of authority.--If upon expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work, the Association shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary of the Interior or Administrator (as appropriate) following the process provided in section 8906(b)(4) of title 40, United States Code, for accounts established under 8906(b)(2) or (3) of title 40, United States Code.

Authorizes the National Emergency Medical Services Memorial Foundation to establish a commemorative work on federal land in the District of Columbia and its environs to commemorate the commitment and service represented by emergency medical services. Prohibits the use of federal funds to pay any expense of the establishment of such work. Makes the Foundation solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of such work. Provides for the deposit of excess funds received for such work into a National Park Foundation account.

To authorize the National Emergency Medical Services Memorial Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Caregiver Relief Act of 2003''. SEC. 2. LONG-TERM CARE TAX CREDIT. (a) Allowance of Credit.-- (1) In general.--Paragraph (1) of section 24(a) of the Internal Revenue Code of 1986 (relating to allowance of child tax credit) is amended to read as follows: ``(1) In general.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(A) the per child amount multiplied by the number of qualifying children of the taxpayer, plus ``(B) the sum of the eligible expenses of the taxpayer, not compensated by insurance or otherwise, for each applicable individual with respect to whom the taxpayer is an eligible caregiver for the taxable year.''. (2) Limitation.--Section 24(b) of such Code is amended by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively, and by inserting before paragraph (2) (as redesignated by this paragraph) the following new paragraph: ``(1) In general.--The credit allowed under subsection (a)(1)(B) shall not exceed $5,000 for any taxable year.''. (3) Conforming amendments.-- (A) Section 24(d)(1) of such Code is amended by striking ``subsection (b)(3)'' each place it appears and inserting ``subsection (b)(4)''. (B) The heading for section 24 of such Code is amended to read as follows: ``SEC. 24. FAMILY CARE CREDIT.''. (C) 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 24 and inserting the following new item: ``Sec. 24. Family care credit.''. (b) Eligible Expenses.-- (1) In general.--Section 24 of the Internal Revenue Code of 1986 is amended by redesignating subsections (b) through (f) as subsections (c) through (g), respectively, and by inserting after subsection (a) the following new subsection: ``(b) Eligible Expenses.--For the purposes of this section-- ``(1) In general.--The term `eligible expenses' means expenses incurred by the taxpayer for-- ``(A) medical care (as defined in section 213(d)(1) without regard to subparagraph (D) thereof), ``(B) lodging away from home in accordance with section 213(d)(2), ``(C) adult day care, ``(D) custodial care, ``(E) respite care, and ``(F) other specialized services for children, including day care for children with special needs. ``(2) Adult day care.--The term `adult day care' means care provided for adults with functional or cognitive impairments through a structured, community-based group program which provides health, social, and other related support services on a less than 24-hour per day basis. ``(3) Custodial care.--The term `custodial care' means reasonable personal care services provided to assist with daily living and which do not require the skills of qualified technical or professional personnel. ``(4) Respite care.--The term `respite care' means planned or emergency care provided to an applicable individual in order to provide temporary relief to an eligible caregiver.''. (2) Conforming amendments.-- (A) Section 24(e)(1) of such Code (relating to portion of credit refundable), as redesignated by paragraph (1) and as amended by subsection (a)(3)(A), is amended by striking ``subsection (b)(4)'' each place it appears and inserting ``subsection (c)(4)''. (B) Section 501(c)(26) of such Code is amended by striking ``section 24(c)'' and inserting ``section 24(d)''. (C) Section 6211(b)(4)(A) of such Code is amended by striking ``section 24(d)'' and inserting ``section 24(e)''. (D) Section 6213(g)(2)(I) of such Code is amended by striking ``section 24(e)'' and inserting ``section 24(f)''. (c) Definitions.--Subsection (d) of section 24 of the Internal Revenue Code of 1986, as redesignated by subsection (b)(1), is amended to read as follows: ``(d) Definitions.--For purposes of this section-- ``(1) Qualifying child.-- ``(A) In general.--The term `qualifying child' means any individual if-- ``(i) the taxpayer is allowed a deduction under section 151 with respect to such individual for the taxable year, ``(ii) such individual has not attained the age of 17 as of the close of the calendar year in which the taxable year of the taxpayer begins, and ``(iii) such individual bears a relationship to the taxpayer described in section 32(c)(3)(B). ``(B) Exception for certain noncitizens.--The term `qualifying child' shall not include any individual who would not be a dependent if the first sentence of section 152(b)(3) were applied without regard to all that follows `resident of the United States'. ``(2) Applicable individual.-- ``(A) In general.--The term `applicable individual' means, with respect to any taxable year, any individual who has been certified, before the due date for filing the return of tax for the taxable year (without extensions), by a physician (as defined in section 1861(r)(1) of the Social Security Act) as being an individual with long-term care needs described in subparagraph (B) for a period-- ``(i) which is at least 180 consecutive days, and ``(ii) a portion of which occurs within the taxable year. Such term shall not include any individual otherwise meeting the requirements of the preceding sentence unless within the 39\1/2\ month period ending on such due date (or such other period as the Secretary prescribes) a physician (as so defined) has certified that such individual meets such requirements. ``(B) Individuals with long-term care needs.--An individual is described in this subparagraph if the individual meets any of the following requirements: ``(i) The individual is at least 18 years of age and-- ``(I) is unable to perform (without substantial assistance from another individual) at least 3 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or ``(II) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities. ``(ii) The individual is at least 6 but not 18 years of age and-- ``(I) is unable to perform (without substantial assistance from another individual) at least 3 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, ``(II) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities, ``(III) has a level of disability similar to the level of disability described in subclause (I) (as determined under regulations promulgated by the Secretary), or ``(IV) has a complex medical condition (as defined by the Secretary) that requires medical management and coordination of care. ``(iii) The individual is at least 2 but not 6 years of age and-- ``(I) is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility, ``(II) has a level of disability similar to the level of disability described in subclause (I) (as determined under regulations promulgated by the Secretary), or ``(III) has a complex medical condition (as defined by the Secretary) that requires medical management and coordination of care. ``(iv) The individual is under 2 years of age and-- ``(I) requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent, ``(II) has a level of disability similar to the level of disability described in subclause (I) (as determined under regulations promulgated by the Secretary), or ``(III) has a complex medical condition (as defined by the Secretary) that requires medical management and coordination of care. ``(v) The individual has 5 or more chronic conditions (as defined in subparagraph (C)) and is unable to perform (without substantial assistance from another individual) at least 1 activity of daily living (as so defined) due to a loss of functional capacity. ``(C) Chronic condition.--For purposes of this paragraph, the term `chronic condition' means a condition that lasts for at least 6 consecutive months and requires ongoing medical care. ``(3) Eligible caregiver.-- ``(A) In general.--A taxpayer shall be treated as an eligible caregiver for any taxable year with respect to the following individuals: ``(i) The taxpayer. ``(ii) The taxpayer's spouse. ``(iii) An individual with respect to whom the taxpayer is allowed a deduction under section 151 for the taxable year. ``(iv) An individual who would be described in clause (iii) for the taxable year if section 151(c)(1)(A) were applied by substituting for the exemption amount an amount equal to the sum of the exemption amount, the standard deduction under section 63(c)(2)(C), and any additional standard deduction under section 63(c)(3) which would be applicable to the individual if clause (iii) applied. ``(v) An individual who would be described in clause (iii) for the taxable year if-- ``(I) the requirements of clause (iv) are met with respect to the individual, and ``(II) the requirements of subparagraph (B) are met with respect to the individual in lieu of the support test of section 152(a). ``(B) Residency test.--The requirements of this subparagraph are met if an individual has as such individual's principal place of abode the home of the taxpayer and-- ``(i) in the case of an individual who is an ancestor or descendant of the taxpayer or the taxpayer's spouse, is a member of the taxpayer's household for over half the taxable year, or ``(ii) in the case of any other individual, is a member of the taxpayer's household for the entire taxable year. ``(C) Special rules where more than 1 eligible caregiver.-- ``(i) In general.--If more than 1 individual is an eligible caregiver with respect to the same applicable individual for taxable years ending with or within the same calendar year, a taxpayer shall be treated as the eligible caregiver if each such individual (other than the taxpayer) files a written declaration (in such form and manner as the Secretary may prescribe) that such individual will not claim such applicable individual for the credit under this section. ``(ii) No agreement.--If each individual required under clause (i) to file a written declaration under clause (i) does not do so, the individual with the highest modified adjusted gross income (as defined in section 32(c)(5)) shall be treated as the eligible caregiver. ``(iii) Married individuals filing separately.--In the case of married individuals filing separately, the determination under this subparagraph as to whether the husband or wife is the eligible caregiver shall be made under the rules of clause (ii) (whether or not one of them has filed a written declaration under clause (i)).''. (d) Identification Requirements.-- (1) In general.--Section 24(f) of the Internal Revenue Code of 1986 (relating to identification requirement), as redesignated by subsection(b)(1), is amended by adding at the end the following new sentence: ``No credit shall be allowed under this section to a taxpayer with respect to any applicable individual unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the physician certifying such individual, on the return of tax for the taxable year.''. (2) Assessment.--Section 6213(g)(2)(I) of such Code is amended-- (A) by inserting ``or physician identification'' after ``correct TIN'', and (B) by striking ``child tax'' and inserting ``family care''. (e) Denial of Double Benefit.-- (1) In general.--Section 213(e) of the Internal Revenue Code of 1986 (relating to exclusion of amounts allowed for care of certain dependents) is amended by inserting ``or section 24'' after ``section 21''. (2) Conforming amendment.--The heading of section 213(e) of such Code is amended by inserting ``Long-Term Care or'' after ``for''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the later of December 31, 2003, or the date of the enactment of this Act.

Family Caregiver Relief Act of 2003 - Amends the Internal Revenue Code to revise and rename the Child Tax Credit as the Family Care Credit. Includes within such credit (in addition to the child care credit) a $3,000 credit for each qualifying individual for whom an eligible taxpayer is a long-term care provider. Defines "eligible expenses" as: (1) certain medical care; (2) lodging away from home; (3) adult day care; (4) custodial care; (5) respite care; and (6) other specialized children's services, including day care for children with special needs.

A bill to provide a partially refundable tax credit for caregiving related expenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Historic Tax Credit Improvement Act of 2017''. SEC. 2. INCREASE IN THE REHABILITATION CREDIT FOR CERTAIN SMALL PROJECTS. (a) In General.--Section 47 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Special Rule Regarding Certain Small Projects.-- ``(1) In general.--In the case of any qualified rehabilitated building or portion thereof-- ``(A) which is placed in service after the date of the enactment of this subsection, and ``(B) which is a small project, subsection (a)(2) shall be applied by substituting `30 percent' for `20 percent'. ``(2) Maximum credit.--The credit under this section (after application of this subsection) with respect to any project for all taxable years shall not exceed $750,000. ``(3) Small project.-- ``(A) In general.--For purposes of this subsection, the term `small project' means any certified historic structure or portion thereof if-- ``(i) the total qualified rehabilitation expenditures taken into account for purposes of this section with respect to the rehabilitation do not exceed $3,750,000, and ``(ii) no credit was allowed under this section for either of the two immediately preceding taxable years with respect to such building. ``(B) Progress expenditures.--Credit allowable by reason of subsection (d) shall not be taken into account under subparagraph (A)(ii).''. (b) Effective Date.--The amendment made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 3. ALLOWANCE FOR THE TRANSFER OF CREDITS FOR CERTAIN SMALL PROJECTS. (a) In General.--Section 47(e) of the Internal Revenue Code of 1986, as added by section 2, is amended by adding at the end the following new paragraph: ``(4) Transfer of small project credit.-- ``(A) In general.--Subject to subparagraph (B) and such regulations or other guidance as the Secretary may provide, the taxpayer may transfer to any other taxpayer all or a portion of the credit allowable to the taxpayer under subsection (a) for a small project. ``(B) Certification.--A transfer under subparagraph (A) shall be accompanied by a certificate which includes-- ``(i) the certification for the certified historic structure, ``(ii) the taxpayer's name, address, and tax identification number, ``(iii) the transferee's name, address, and tax identification number, ``(iv) the date of project completion and the amount of credit being transferred, and ``(v) such other information as may be required by the Secretary. ``(C) Credit may only be transferred once.--A credit transferred under subparagraph (A) is not transferable by the transferee to any other taxpayer. ``(D) Tax treatment of transfer.-- ``(i) Disallowance of deduction.--No deduction shall be allowed for any amount of consideration paid or incurred by the transferee in return for the transfer of any credit under this paragraph. ``(ii) Allowance of credit.--The amount of credit transferred under subparagraph (A)-- ``(I) shall not be allowed to the transferor for any taxable year, and ``(II) shall be allowable to the transferee as a credit under this section for the taxable year of the transferee in which such credit is transferred. ``(E) Recapture and other special rules.--For purposes of section 50, the transferee of a credit with respect to a smaller project under this paragraph shall be treated as the taxpayer with respect to the smaller project. ``(F) Information reporting.--The transferor and the transferee shall each make such reports regarding the transfer of an amount of credit under subparagraph (A), and containing such information, as the Secretary may require. The reports required by this subparagraph shall be filed at such time and in such manner as may be required by the Secretary.''. (b) Effective Date.--The amendment made by this section shall apply to periods after December 31, 2016. SEC. 4. INCREASING THE TYPE OF BUILDINGS ELIGIBLE FOR REHABILITATION. (a) In General.--Section 47(c)(1)(C)(i)(I) of the Internal Revenue Code of 1986 is amended by inserting ``50 percent of'' before ``the adjusted basis''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2016. SEC. 5. REDUCTION OF BASIS ADJUSTMENT FOR REHABILITATION PROPERTY. (a) In General.--Section 50(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(6) Special rule relating to the rehabilitation credit.-- In the case of any rehabilitation credit-- ``(A) only 50 percent of such credit shall be taken into account under paragraph (1), and ``(B) only 50 percent of any recapture amount attributable to such credit shall be taken into account under paragraph (2).''. (b) Coordination With Basis Adjustment.--Subsection (d) of section 50 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``For purposes of paragraph (5), in applying the provisions of section 48(d)(5)(B) (as so in effect) to a lease of property eligible for the credit under section 47, gross income of the lessee of such property shall include, ratably over the shortest recovery period applicable to such property under section 168, an amount equal to 50 percent of the amount of the credit allowable under section 38 to such lessee with respect to such property.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 6. MODIFICATIONS REGARDING CERTAIN TAX-EXEMPT USE PROPERTY. (a) In General.--Section 47(c)(2)(B)(v)(I) of the Internal Revenue Code of 1986 is amended by inserting ``, and subclauses (I), (II), and (III) of section 168(h)(1)(B)(ii) shall not apply'' after ``thereof''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Historic Tax Credit Improvement Act of 2017 This bill amends the Internal Revenue Code, with respect to the tax credit for the rehabilitation of buildings and historic structures, to: (1) allow an increased 30% credit, up to $750,000, for projects with rehabilitation expenditures not exceeding $3.75 million, for which no credit was allowed in either of the two immediately preceding taxable years (small projects); (2) allow the transfer of tax credit amounts for small projects; (3) treat a building as substantially rehabilitated if rehabilitation expenditures exceed the greater of 50% of the adjusted basis of the building or $5,000 (currently, the greater of the adjusted basis of the building or $5,000); (4) reduce the required basis adjustment from 100% of the credit to 50% of the amount of the credit; and (5) limit the application of disqualified lease rules to tax-exempt use property.

Historic Tax Credit Improvement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Debris Emergency Act of 2012''. SEC. 2. MARINE DEBRIS EMERGENCIES. Section 3 of the Marine Debris Research, Prevention, and Reduction Act (33 U.S.C. 1952) is amended by adding at the end the following: ``(d) Marine Debris Emergency.-- ``(1) Declaration of a marine debris emergency.-- ``(A) In general.--The Administrator may declare a marine debris emergency if the Administrator determines that marine debris-- ``(i) is an immediate threat to the United States with respect to-- ``(I) living marine resources; ``(II) the marine environment; ``(III) navigation safety; or ``(IV) public health; and ``(ii) requires Federal resources to supplement the State and local resources available to alleviate such threat. ``(B) Request for a declaration.-- ``(i) In general.--The Governor of a State may request that the Administrator declare a marine debris emergency in such State or a region that includes such State. ``(ii) Administrator may request information.--In response to a Governor's request under clause (i), the Administrator may request that the Governor provide information on-- ``(I) the nature and immediacy of the threat; and ``(II) the nature and amount of State and local resources that have been or will be committed to alleviating the threat. ``(C) Response to governor's request.--Within 30 days after a Governor submits a request under subparagraph (B)(i), the Administrator shall either-- ``(i) grant that Governor's request; or ``(ii) submit a response to that Governor, explaining why the Administrator has not granted the Governor's request. ``(2) Preference for marine debris emergencies in marine debris grants.-- ``(A) In general.--In evaluating applications for grants under section 3(c), the Administrator shall give preference to projects to address marine debris emergencies, including projects to address marine debris that has introduced or is likely to introduce marine invasive species into the United States. ``(B) Expedited grant award process.--Not later than 60 days after receipt of an application under subparagraph (A), the Administrator shall, to the extent feasible-- ``(i) approve or disapprove such application; and ``(ii) if such application is approved, disperse the approved funds to the grantee. ``(3) Marine invasive species.--In this section, the term `marine invasive species' means a marine nonindigenous species (as defined in section 4702 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702)) the introduction of which to the United States will, or is likely to, cause economic or environmental harm, threaten the diversity or abundance of native species or the ecological stability of infested waters, or disrupt commercial, agricultural, aquacultural, or recreational activities dependent on such waters.''. SEC. 3. GUIDANCE FOR GRANT RECIPIENTS ENGAGED IN MARINE DEBRIS RESPONSE EFFORTS. Section 3 of the Marine Debris Research, Prevention, and Reduction Act (33 U.S.C. 1952) is further amended by adding at the end the following: ``(e) Guidance for Grant Recipients Engaged in Marine Debris Response Efforts.--The Administrator shall take appropriate steps to encourage grant recipients under this section to-- ``(1) educate staff and volunteers who are engaged in marine debris response efforts on the potential threats that marine debris and marine invasive species (as defined in subsection (d)(3)) may pose to the United States with respect to living marine resources, the marine environment, navigation, and public health; and ``(2) coordinate their marine debris response efforts with relevant Federal, State, local, and non-governmental entities.''.

Marine Debris Emergency Act of 2012 - Amends the Marine Debris Research, Prevention, and Reduction Act to authorize the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to declare a marine debris emergency upon determining that marine debris: (1) is an immediate threat to living marine resources, the marine environment, navigation safety, or public health of the United States; and (2) requires federal resources to supplement the state and local resources available to alleviate such threat. Authorizes: (1) a governor of a state to request that the Administrator declare such an emergency in such state or a region that includes such state; and (2) the Administrator to request that the governor provide information on the nature and immediacy of the threat and the nature and amount of state and local resources that have been or will be committed to alleviating it. Directs the Administrator, within 30 days after receiving a governor's request, to either grant the request or explain why it was not granted. Directs the Administrator: (1) in evaluating marine debris grant applications, to give preference to projects to address marine debris emergencies, including projects to address marine debris that has introduced or is likely to introduce marine invasive species into the United States; and (2) within 60 days after receipt of an application for such a grant, to approve or disapprove the application and to disperse funds to an approved grantee. Directs the Administrator to take steps to encourage marine debris grant recipients to: (1) educate staff and volunteers who are engaged in marine debris response efforts on the potential threats that marine debris and marine invasive species may pose to the United States with respect to living marine resources, the marine environment, navigation, and public health; and (2) coordinate their response efforts with relevant federal, state, local, and nongovernmental entities.

To amend the Marine Debris Research, Prevention, and Reduction Act to establish an expedited award process for grants to address marine debris emergencies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Capitol Police Administrative Technical Corrections Act of 2008''. SEC. 2. ADMINISTRATIVE AUTHORITIES OF THE CHIEF OF THE CAPITOL POLICE. (a) Clarification of Certain Hiring Authorities.-- (1) Chief administrative officer.--Section 108(a) of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1903(a)) is amended to read as follows: ``(a) Chief Administrative Officer.-- ``(1) Establishment.--There shall be within the Capitol Police an Office of Administration, to be headed by the Chief Administrative Officer, who shall report to and serve at the pleasure of the Chief of the Capitol Police. ``(2) Appointment.--The Chief Administrative Officer shall be appointed by the Chief of the Capitol Police, after consultation with the Capitol Police Board. ``(3) Compensation.--The annual rate of pay for the Chief Administrative Officer shall be the amount equal to $1,000 less than the annual rate of pay in effect for the Chief of the Capitol Police.''. (2) Administrative provisions.--Section 108 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1903) is amended by striking subsection (c). (3) Certifying officers.--Section 107 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1904) is amended-- (A) in subsection (a), by striking ``the Capitol Police Board'' and inserting ``the Chief of the Capitol Police''; and (B) in subsection (b)(1), by striking ``the Capitol Police Board'' and inserting ``the Chief of the Capitol Police''. (4) Personnel actions of the chief of the capitol police.-- (A) Section 1018(e) of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1907(e)) is amended by striking paragraph (1) and inserting the following: ``(1) Authority.--The Chief of the Capitol Police, in carrying out the duties of office, with the concurrence of the Capitol Police Board, is authorized to appoint, hire, suspend with or without pay, discipline, discharge and set the terms, conditions, and privileges of employment of employees of the Capitol Police, subject to and in accordance with applicable laws and regulations.''. (B)(i) Section 1823 of the Revised Statutes of the United States (2 U.S.C. 1928) is hereby repealed. (ii) The proviso in the Act of Mar. 3, 1875 (ch. 129; 18 Stat. 345), popularly known as the ``Legislature, Executive, and Judicial Appropriation Act, fiscal year 1876'', which is codified at section 1929 of title 2, United States Code (2000 Editions, Supp. V), is repealed. (5) Conforming application of congressional accountability act of 1995.-- (A) In general.--Section 101(9)(D) of the Congressional Accountability Act of 1995 (2 U.S.C. 1301(9)(D)) is amended by striking ``the Capitol Police Board,'' and inserting ``the United States Capitol Police,''. (B) No effect on current proceedings.--Nothing in the amendment made by subparagraph (A) may be construed to affect any procedure initiated under title IV of the Congressional Accountability Act of 1995 prior to the date of the enactment of this Act. (6) No effect on current personnel.--Nothing in the amendments made by this subsection may be construed to affect the status of any individual serving as an officer or employee of the United States Capitol Police as of the date of the enactment of this Act. (b) Deposit of Reimbursements for Law Enforcement Assistance.-- (1) In general.--Section 2802 of the Supplemental Appropriations Act, 2001 (2 U.S.C. 1905) is amended-- (A) in subsection (a)(1), by striking ``Capitol Police Board'' each place it appears and inserting ``United States Capitol Police''; and (B) in subsection (a)(2), by striking ``Capitol Police Board'' and inserting ``Chief of the United States Capitol Police''. (2) Effective date.--The amendments made by paragraph (1) shall take effect as if included in the enactment of the Supplemental Appropriations Act, 2001. (c) Prior Notice to Authorizing Committees of Deployment Outside Jurisdiction.--Section 1007(a)(1) of the Legislative Branch Appropriations Act, 2005 (2 U.S.C. 1978(a)(1)) is amended by striking ``prior notification to'' and inserting the following: ``prior notification to the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, and''. SEC. 3. GENERAL COUNSEL TO THE CHIEF OF POLICE AND THE UNITED STATES CAPITOL POLICE. (a) Legal Representation Authority.-- (1) In general.--Section 1002(a)(2)(A) of the Legislative Branch Appropriations Act, 2004 (2 U.S.C. 1908(a)(2)(A)) is amended by striking ``the General Counsel for the United States Capitol Police Board and the Chief of the Capitol Police'' and inserting ``the General Counsel to the Chief of Police and the United States Capitol Police''. (2) No effect on current proceedings.--Nothing in the amendment made by paragraph (1) may be construed to affect the authority of any individual to enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof which is initiated prior to the date of the enactment of this Act. (b) Technical and Conforming Amendment.--House Resolution 661, Ninety-fifth Congress, agreed to July 29, 1977, as enacted into permanent law by section 111 of the Legislative Branch Appropriation Act, 1979 (2 U.S.C. 1901 note) is repealed. (c) No Effect on Current General Counsel.--Nothing in this section or the amendments made by this section may be construed to affect the status of the individual serving as the General Counsel to the Chief of Police and the United States Capitol Police as of the date of the enactment of this Act. SEC. 4. CLARIFICATION OF AUTHORITIES REGARDING CERTAIN PERSONNEL BENEFITS. (a) No Lump Sum Payment Permitted for Unused Compensatory Time.-- (1) In general.--No officer or employee of the United States Capitol Police whose service with the United States Capitol Police is terminated may receive any lump-sum payment with respect to accrued compensatory time off, except to the extent permitted under section 203(c)(4) of the Congressional Accountability Act of 1995 (2 U.S.C. 1313(c)(4)). (2) Repeal of related obsolete provisions.--(A) Section 3 of House Resolution 449, Ninety-second Congress, agreed to June 2, 1971, as enacted into permanent law by chapter IV of the Supplemental Appropriations Act, 1972 (85 Stat. 636) (2 U.S.C. 1924), together with any other provision of law which relates to compensatory time for the Capitol Police which is codified at section 1924 of title 2, United States Code (2000 Editions, Supp. V), is hereby repealed. (B) The last full paragraph under the heading ``Administrative Provisions'' in the appropriation for the Senate in the Legislative Branch Appropriations Act, 1972 (85 Stat. 130) (2 U.S.C. 1925) is hereby repealed. (b) Overtime Compensation for Officers and Employees Exempt From Fair Labor Standards Act of 1938.-- (1) Criteria under which compensation permitted.--The Chief of the Capitol Police may provide for the compensation of overtime work of exempt individuals which is performed on or after the date of the enactment of this Act, in the form of additional pay or compensatory time off, only if-- (A) the overtime work is carried out in connection with special circumstances, as determined by the Chief; (B) the Chief has established a monetary value for the overtime work performed by such individual; and (C) the sum of the total amount of the compensation paid to the individual for the overtime work (as determined on the basis of the monetary value established under subparagraph (B)) and the total regular compensation paid to the individual with respect to the pay period involved may not exceed an amount equal to the cap on the aggregate amount of annual compensation that may be paid to the individual under applicable law during the year in which the pay period occurs, as allocated on a per pay period basis consistent with premium pay regulations of the Capitol Police Board. (2) Exempt individuals defined.--In this subsection, an ``exempt individual'' is an officer or employee of the United States Capitol Police-- (A) who is classified under regulations issued pursuant to section 203 of the Congressional Accountability Act of 1995 (2 U.S.C. 1313) as exempt from the application of the rights and protections established by subsections (a)(1) and (d) of section 6, section 7, and section 12(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 (a)(1) and (d), 207, 212(c)); or (B) whose annual rate of pay is not established specifically under any law. (3) Conforming amendment.-- (A) In general.--Section 1009 of the Legislative Branch Appropriations Act, 2003 (Public Law 108-7; 117 Stat. 359) is repealed. (B) Effective date.--The amendment made by subparagraph (A) shall take effect as if included in the enactment of the Legislative Branch Appropriations Act, 2003, except that the amendment shall not apply with respect to any overtime work performed prior to the date of the enactment of this Act. SEC. 5. OTHER MISCELLANEOUS TECHNICAL CORRECTIONS. (a) Repeal of Obsolete Procedures for Initial Appointment of Chief Administrative Officer.--Section 108 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1903) is amended by striking subsections (d) through (g). (b) Repeal of Requirement That Officers Purchase Own Uniforms.-- Section 1825 of the Revised Statutes of the United States (2 U.S.C. 1943) is repealed. (c) Repeal of References to Officers and Privates in Authorities Relating to House and Senate Office Buildings.-- (1) House office buildings.--The item relating to ``House of Representatives Office Building'' in the Act entitled ``An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eight, and for other purposes'', approved March 4, 1907 (34 Stat. 1365; 2 U.S.C. 2001), is amended by striking ``other than officers and privates of the Capitol police'' each place it appears and inserting ``other than the United States Capitol Police''. (2) Senate office buildings.--The item relating to ``Senate Office Building'' in the Legislative Branch Appropriation Act, 1943 (56 Stat. 343; 2 U.S.C. 2023) is amended by striking ``other than for officers and privates of the Capitol Police'' each place it appears and inserting ``other than for the United States Capitol Police''. (d) Clarification of Applicability of U.S. Capitol Police and Library of Congress Police Merger Implementation Act of 2007.-- (1) Repeal of duplicate provisions.--Effective as if included in the enactment of the Legislative Branch Appropriations Act, 2008 (Public Law 110-161), section 1004 of such Act is repealed, and any provision of law amended or repealed by such section is restored or revived to read as if such section had not been enacted into law. (2) No effect on other act.--Nothing in paragraph (1) may be construed to prevent the enactment or implementation of any provision of the U.S. Capitol Police and Library of Congress Police Merger Implementation Act of 2007 (Public Law 110-178), including any provision of such Act that amends or repeals a provision of law which is restored or revived pursuant to paragraph (1). (e) Authority of Chief of Police.-- (1) Repeal of certain provisions codified in title 2, united states code.--The provisions appearing in the first paragraph under the heading ``Capitol Police'' in the Act of April 28, 1902 (ch. 594; 32 Stat. 124), and the provisions appearing in the first paragraph under the heading ``Capitol Police'' in title I of the Legislative and Judiciary Appropriation Act, 1944 (ch. 173; 57 Stat. 230), insofar as all of those provisions are related to the sentence ``The captain and lieutenants shall be selected jointly by the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives; and one-half of the privates shall be selected by the Sergeant at Arms of the Senate and one-half by the Sergeant at Arms of the House of Representatives.'', which appears in 2 U.S.C. 1901 (2000 Edition, Supp. V), are repealed. (2) Restoration of repealed provision.--Section 1018(h)(1) of the Legislative Branch Appropriations Act, 2003 (Public Law 108-7, div. H, title I, 117 Stat. 368) is repealed, and the sentence ``The Capitol Police shall be headed by a Chief who shall be appointed by the Capitol Police Board and shall serve at the pleasure of the Board.'', which was repealed by such section, is restored to appear at the end of section 1821 of the Revised Statutes of the United States (2 U.S.C. 1901). (3) Conforming amendment.--The first sentence of section 1821 of the Revised Statutes of the United States (2 U.S.C. 1901) is amended by striking ``, the members of which shall be appointed by the Sergeants-at-Arms of the two Houses and the Architect of the Capitol Extension''. (4) Effective date.--The amendments made by this subsection shall take effect as if included in the enactment of the Legislative Branch Appropriations Act, 2003.

United States Capitol Police Administrative Technical Corrections Act of 2008 - Makes technical amendments to the Legislative Branch Appropriations Act, 2001 with respect to the Chief Administrative Officer (CAO) of the Capitol Police. Requires the CAO to report to and serve at the pleasure of the Chief of the Capitol Police. Repeals the CAO's authority over the personnel of the Capitol Police Office of Administration. Amends the Legislative Branch Appropriations Act, 2003 to authorize the Chief of Police to discipline and suspend Capitol Police employees with or without pay. Establishes a General Counsel to the Chief of Police and the U.S. Capitol Police. Prohibits lump sum payments to terminated U.S. Capitol Police officers or employees for unused compensatory time.

A bill to make technical corrections to the laws affecting certain administrative authorities of the United States Capitol Police, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Promotion and Disease Prevention for Persons with Disabilities Act''. SEC. 2. ESTABLISHMENT OF HEALTH PROMOTION AND DISEASE PREVENTION PROGRAM FOR PERSONS WITH DISABILITIES. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following new section: ``SEC. 399O. ESTABLISHMENT OF HEALTH PROMOTION AND DISEASE PREVENTION PROGRAM FOR PERSONS WITH DISABILITIES. ``(a) In General.--The Secretary may make grants to, or enter into contracts or cooperative agreements with, public and nonprofit private entities for the purpose of carrying out programs for promoting good health, disease prevention, and wellness for persons with disabilities and preventing secondary conditions in persons with disabilities. ``(b) Certain Authorized Activities.--With respect to promoting good health and wellness for persons with disabilities described in subsection (a), activities for which the Secretary may make a grant under such subsection include-- ``(1) coordinating activities for preventing secondary disabling conditions; for health promotion, disease prevention, disease prevention and wellness for persons with disabilities; ``(2) conducting demonstrations and interventions; ``(3) conducting surveillances and studies on cost- effectiveness and efficacy of interventions; ``(4) studying the effects and costs of environmental barriers for persons with disabilities; ``(5) educating the public; and ``(6) educating and training health professionals (including allied health professionals) and conducting activities to improve the clinical skills of such professionals. ``(c) Reports to Secretary.--The Secretary may not make a grant under subsection (a) unless the applicant for the grant agrees to submit to the Secretary such reports as the Secretary may require with respect to the grant. ``(d) Priorities.--The Secretary shall establish a National Advisory Committee on Health Promotion and Disease Prevention for Persons With Disabilities which shall set priorities to carry out this section and annually evaluate the progress of the program under this section in implementing the priorities. ``(e) Requirement of Application.--The Secretary may not make a grant under subsection (a) unless an application for such assistance is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. ``(f) Limitation Regarding Education of Health Professionals.-- In making grants under subsection (a), the Secretary may not, for activities described in subsection (b)(6), obligate more than 10 percent of the amounts appropriated under subsection (k) for any fiscal year. ``(g) Technical Assistance.--The Secretary may provide training, technical assistance, and consultations with respect to the planning, development, and operation of any program preventing secondary disabling conditions in persons with disabilities. ``(h) Provision of Supplies and Services in Lieu of Funds.-- ``(1) In general.--On the request of grantee under subsection (a), the Secretary may, subject to paragraph (2), provide supplies, equipment, and services for the purpose of aiding the grantee in carrying out such subsection and, for such purpose, may detail to the grantee any officer or employee of the Department of Health and Human Services. ``(2) Corresponding reduction in payments.--With respect to a request described in paragraph (1), the Secretary shall reduce the amount of payments under subsection (a) to the grantee by an amount equal to the costs of detailing personnel (including pay, allowances, and travel expenses) and the fair market value of any supplies, equipment, or services provided by the Secretary. The Secretary shall, for the payment of expenses incurred in complying with such request, expend the amounts withheld. ``(i) Evaluations and Reports.-- ``(1) Evaluations.--The Secretary shall, directly or through contracts with public or private entities, provide for evaluations of programs carried out pursuant to subsection (a). ``(2) Reports.--The Secretary shall, not later than 18 months after the date of the enactment of the Health Promotion and Disease Prevention for Persons with Disabilities Act, and annually thereafter, submit to the Congress a report summarizing evaluations carried out pursuant to paragraph (1) during the preceding fiscal year. ``(j) Definitions.--For purposes of this section: ``(1) The term `prevention of secondary conditions' means activities that address the causes of secondary conditions and activities and refer to the functional limitations involved and the elimination or reduction of such limitations, including activities that-- ``(A) eliminate or reduce the factors that cause or predispose a person with disabilities to acquire secondary conditions or increase functional limitations; ``(B) increase the early identification of existing problems to eliminate factors that create or increase functional limitations; ``(C) mitigate against the effects of disabilities throughout the life of the individual; and ``(D) implement programs of health promotion, disease prevention and wellness to assure the greatest degree of quality of life for persons with disabilities. ``(k) Authorization of Appropriations.--For the purpose of making grants and contracts under this section, there are authorized to be appropriated such sums as may be necessary.''.

Health Promotion and Disease Prevention for Persons with Disabilities Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants, contracts, or cooperative agreements for the promotion of good health and the prevention of secondary conditions in persons with disabilities through demonstrations and interventions, surveillances and studies, public education, and training health professionals.Directs the Secretary to establish a National Advisory Committee on Health Promotion and Disease Prevention for Persons With Disabilities to set program priorities.

To amend the Public Health Service Act to establish a program for promoting good health, disease prevention, and wellness and for the prevention of secondary conditions for persons with disabilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Diplomacy and Development Strategy Act of 2017''. SEC. 2. NATIONAL DIPLOMACY AND DEVELOPMENT STRATEGY. (a) Strategy Required.-- (1) Initial strategy.-- (A) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies, shall submit to Congress a comprehensive report on the national diplomacy and development strategy (NDDS) of the United States. (B) Use of qddr.--For the purposes of fulfilling the requirement under subparagraph (A), the Quadrennial Diplomacy and Development Review of 2015 may be used to inform the development of the NDDS. (2) Subsequent strategies.--Beginning in the year after the initial NDDS report is submitted under paragraph (1), the Secretary of State, in consultation with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies, shall submit an NDDS report-- (A) in any year in which a new President is inaugurated, not later than October 1; and (B) in any other year, not later than 90 days after the development of a new National Security Strategy Report. (b) Content.--Each NDDS report required under subsection (a) shall set forth the national diplomacy and development strategy of the United States and shall, at a minimum, include a comprehensive description and discussion of the following matters: (1) The leading worldwide interests and objectives of the United States, categorized as vital, highly important, or important, in accordance with categories defined by the Secretary in order to delineate a clear prioritization of the United States interests and objectives. (2) The leading threats, challenges, and opportunities associated with these interests and objectives, including-- (A) an assessment of the severity and likelihood of the threats, explicitly linking each threat to a vital, highly important, or important national interest or objective; (B) an assessment of the nature of the challenges and how each challenge will evolve if left unaddressed; and (C) an assessment of the opportunities and associated potential benefits to United States interests or objectives. (3) An overview of the diplomatic and development tools and sources of leverage necessary to address or minimize the leading threats and challenges and to take advantage of the leading opportunities, including an assessment of whether the United States Government possesses those tools or sources of leverage and-- (A) for each threat, challenge, or opportunity that the Secretary assesses the United States Government lacks sufficient tools or sources of leverage to address, minimize, or take advantage of, a detailed plan to develop or improve these tools and sources of leverage; and (B) an identification of key existing or needed military, economic, informational, or intelligence tools or sources of leverage outside the Department of State that are critical to the successful implementation of the NDDS. (4) A plan to utilize available diplomatic and development tools or sources of leverage to address or minimize the leading threats and challenges and to take advantage of the leading opportunities, including-- (A) a discussion of the optimal allocation of finite resources and identification of the risks associated with that allocation; (B) diplomatic and development regional bureau sub- plans, incorporating feedback from the functional bureaus, that seek to promote the national interests and objectives in each respective worldwide region, including a description of key priorities and tasks for United States missions within the region and how individual missions will work together to support the regional and international plan; (C) a description of-- (i) how the NDDS is integrated and coordinated with the current National Defense Strategy (as required by section 941 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328)); and (ii) how the NDDS supports the national security strategy (as described in section 108 of the National Security Act of 1947 (50 U.S.C. 3043)); (D) an identification of relationships and contributions of other United States departments or agencies that are key to the fulfillment of the plan; (E) an identification of the desired role of allied or partner nations and a diplomatic plan to encourage their cooperation in executing the NDDS; and (F) an identification of the desired role of select international organizations, and a diplomatic plan to encourage their cooperation in executing the NDDS. (5) An identification of any additional resources or statutory authorizations necessary from Congress to implement the NDDS. (6) Such other information as may be necessary to help inform Congress on matters relating to the NDDS. (c) Report.--Each NDDS report required under this section shall be submitted to the appropriate congressional committees in classified form with an unclassified summary. (d) Appropriate Congressional Committees.--In this section, the term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.

National Diplomacy and Development Strategy Act of 2017 The Department of State, in coordination with the U.S. Agency for International Development and other relevant federal agencies, shall submit to Congress a comprehensive report on the national diplomacy and development strategy (NDDS) of the United States. The Quadrennial Diplomacy and Development Review of 2015 may be used to inform its development. Beginning in the year after the initial report is submitted, the State Department shall submit an NDDS report: (1) by October 1 of any year in which a new President is inaugurated; and (2) in any other year, by 90 days after the development of a new National Security Strategy Report. Each report shall set forth the NDDS and shall include a comprehensive description and discussion of: the leading worldwide interests and objectives of the United States, categorized as vital, highly important, or important; the leading threats, challenges, and opportunities associated with such interests and objectives; an overview of and a plan to utilize the diplomatic and development tools and sources of leverage necessary to address or minimize the threats and challenges and to take advantage of the opportunities; and an identification of any additional resources or statutory authorizations necessary from Congress to implement the NDDS.

National Diplomacy and Development Strategy Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Israel Against Economic Discrimination Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) The United Nations Human Rights Council (UNHRC) has long targeted Israel with systematic, politically motivated, assaults on its legitimacy designed to stigmatize and isolate Israel internationally. (2) The UNHRC maintains a permanent agenda item known as ``Item 7'' to ensure that Israel will be criticized at every gathering of the UNHRC. (3) At its 31st session on March 24, 2016, the UNHRC targeted Israel with a commercial boycott, calling for the establishment of a database, such as a ``blacklist'', of companies that operate, or have business relations with entities that operate, beyond Israel's 1949 Armistice lines, including East Jerusalem. (4) For a half century, Congress has combatted anti-Israel boycotts and other discriminatory activity under the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act), under the Ribicoff Amendment to the Tax Reform Act, in free trade agreements with Bahrain and Oman, and in Saudi Arabia's accession negotiations to the World Trade Organization. (5) The recent action of the UNHRC is reminiscent of the Arab League Boycott which also called for the establishment of a ``blacklist'' and promoted a primary, as well as a secondary and tertiary, boycott against Israel, targeting United States and other companies that trade or invest with or in Israel, designed to harm Israel, any business operating in, or doing business, with Israel, or companies that do business with companies operating in Israel. (6) Congress recently passed anti-boycott, divestment, and sanctions measures in the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (title I of Public Law 114-26; 19 U.S.C. 4201 et seq.) and the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114-125), which establish, among other things-- (A) the United States opposition to boycott, divestment, and sanctions activity targeting Israel; (B) requirements that the United States utilize trade negotiations to combat state-led or international governmental organization-led boycott, divestment, and sanctions activity targeting Israel; and (C) reporting requirements regarding the actions of foreign countries or international organizations that establish barriers to trade or investment for United States companies in or with Israel. SEC. 3. STATEMENT OF POLICY. Congress opposes the United Nations Human Right Council resolution of March 24, 2016, which urges countries to pressure their own companies to divest from, or break contracts with, Israel, and calls for the creation of a ``blacklist'' of companies that either operate, or have business relations with entities that operate, beyond Israel's 1949 Armistice lines, including East Jerusalem, and views such policies as a boycott of, divestment from, and sanctions against Israel. SEC. 4. ADDITIONAL PROHIBITIONS RELATING TO FOREIGN BOYCOTTS UNDER EXPORT ADMINISTRATION ACT OF 1979. (a) Declaration of Policy.--Section 3(5) of the Export Administration Act of 1979 (50 U.S.C. 4602(5)) (as continued in effect under the International Emergency Economic Powers Act) is amended-- (1) in subparagraph (A) to read as follows: ``(A) to oppose-- ``(i) restrictive trade practices or boycotts fostered or imposed by foreign countries, or requests to impose restrictive trade practices or boycotts by foreign countries, against other countries friendly to the United States or against any United States person; and ``(ii) restrictive trade practices or boycotts fostered or imposed by any international governmental organization, or requests to impose restrictive trade practices or boycotts by any international governmental organization, against Israel;''; and (2) in subparagraph (B), by striking ``which have the effect'' and all the follows and inserting the following: ``which have the effect of furthering or supporting-- ``(i) the restrictive trade practices or boycotts fostered or imposed by any foreign country, or requests to impose restrictive trade practices or boycotts by any foreign country, against a country friendly to the United States or against any United States person; and ``(ii) restrictive trade practices or boycotts fostered or imposed by any international governmental organization, or requests to impose restrictive trade practices or boycotts by any international governmental organization, against Israel; and''. (b) Foreign Boycotts.--Section 8 of the Export Administration Act of 1979 (50 U.S.C. 4607) (as continued in effect under the International Emergency Economic Powers Act) is amended-- (1) in subsection (a)(1)-- (A) in the matter preceding subparagraph (A)-- (i) by inserting ``, or request to impose any boycott by a foreign country,'' after ``a foreign country''; (ii) by inserting ``, or support any boycott fostered or imposed by any international governmental organization, or request to impose any boycott by any international governmental organization, against Israel'' after ``pursuant to United States law or regulation''; (B) in subparagraph (A), by inserting ``or international governmental organization (as the case may be)'' after ``of the boycotting country''; and (C) in subparagraph (D)-- (i) by inserting ``, or requesting the furnishing of information,'' after ``Furnishing information''; and (ii) by inserting ``or with the international governmental organization (as the case may be)'' after ``in the boycotting country''; and (2) in subsection (c)-- (A) by inserting ``, or requests to impose restrictive trade practices or boycotts by foreign countries,'' after ``foreign countries''; and (B) by inserting ``or restrictive trade practices or boycotts fostered or imposed by any international governmental organization, or requests to impose restrictive trade practices or boycotts by any international governmental organization, against Israel'' before the period at the end. (c) Violations of Section 8(a).--Section 11 of the Export Administration Act of 1979 (50 U.S.C. 4610) (as continued in effect under the International Emergency Economic Powers Act) is amended-- (1) in subsection (a), by inserting ``or (j)'' after ``subsection (b)''; and (2) by adding at the end the following: ``(j) Violations of Section 8(a).--Whoever knowingly violates or conspires to or attempts to violate any provision of section 8(a) or any regulation, order, or license issued thereunder shall be fined in accordance with section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705).''. (d) Effective Date.--The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to actions described in section 8(a) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) taken or knowingly agreed to be taken on or after such date of enactment. SEC. 5. POLICY OF THE UNITED STATES RELATING TO BOYCOTT OF ISRAEL UNDER EXPORT-IMPORT BANK ACT OF 1945. Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)(B)) is amended in the sixth sentence by inserting after ``child labor),'' the following: ``or opposing policies and actions that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with citizens or residents of Israel, entities organized under the laws of Israel, or the Government of Israel,''. SEC. 6. RULE OF CONSTRUCTION. This Act and the amendments made by this Act are intended to address and counter only acts of boycotts, divestment, and sanctions against Israel. Nothing in this Act or any amendment made by this Act shall be construed to alter the established policy of the United States concerning final status issues associated with the Arab-Israel conflict, including border delineation that can only be resolved through direct negotiations between the parties. SEC. 7. DEFINITIONS. In this Act: (1) Boycott of, divestment from, and sanctions against israel.--The term ``boycott of, divestment from, and sanctions against Israel'' means actions by states, nonmember states of the United Nations, international governmental organizations, or affiliated agencies of international governmental organizations that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with Israel or persons doing business in Israel or in Israeli-controlled territories. (2) Politically motivated.--The term ``politically motivated'' means actions to impede or constrain commerce with Israel that are intended to coerce political action or impose policy positions on Israel.

Protecting Israel Against Economic Discrimination Act of 2016 This bill declares that Congress opposes politically motivated boycotts, divestment from, and sanctions against Israel. The bill amends the Export Administration Act of 1979 to declare that it shall be U.S. policy to oppose: requests by foreign countries to impose restrictive practices or boycotts against other countries friendly to the United States or against U.S. persons; and restrictive trade practices or boycotts fostered or imposed by an international governmental organization, or requests to impose such practices or boycotts, against Israel. The bill prohibits U.S. persons engaged in interstate or foreign commerce from: requesting the imposition of any boycott by a foreign country against a country which is friendly to the United States; or supporting any boycott fostered or imposed by an international organization, or requesting imposition of any such boycott, against Israel. The bill amends the Export-Import Bank Act of 1945 to include as a reason for the Export-Import Bank to deny credit applications for the export of goods and services between the United States and foreign countries, opposition to policies and actions that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with citizens or residents of Israel, entities organized under the laws of Israel, or the Government of Israel.

Protecting Israel Against Economic Discrimination Act of 2016

SECTION 1. REDUCTION OF MAXIMUM CAPITAL GAINS RATES. (a) Taxpayers Other Than Corporations.--Section 1(h) of the Internal Revenue Code of 1986 (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, the tax imposed by this section for such taxable year shall not exceed the sum of-- ``(A) a tax computed on taxable income reduced by the net capital gain, at the rates and in the manner as if this subsection had not been enacted, plus ``(B) 7 percent of so much of the taxpayer's net capital gain (or, if less, taxable income) as does not exceed the excess (if any) of-- ``(i) the amount of taxable income which would (without regard to this paragraph) be taxed at a rate below 28 percent, over ``(ii) the taxable income reduced by the net capital gain, plus ``(C) 14 percent of the amount of taxable income in excess of the sum of the amounts on which a tax is determined under subparagraphs (A) and (B). ``(2) Investment income.--For purposes of this subsection, 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).''. (b) Reduction of Alternative Capital Gain Tax for Corporations.-- Section 1201 of the Internal Revenue Code of 1986 (relating to alternative tax for corporations) is amended to read as follows: ``SEC. 1201. ALTERNATIVE TAX FOR CORPORATIONS. ``(a) General Rule.--If for any taxable year a corporation has a net capital gain, then, in lieu of the tax imposed by sections 11, 511, and 831 (a) and (b) (whichever is applicable), there is hereby imposed a tax (if such tax is less than the tax imposed by such sections) which shall consist of the sum of-- ``(1) a tax computed on the taxable income reduced by the amount of the net capital gain, at the rates and in the manner as if this subsection had not been enacted, plus ``(2) a tax of 14 percent of the net capital gain (or, if less, taxable income). ``(b) Transitional Rule.-- ``(1) In general.--In the case of a taxable year which includes January 1, 1999, the amount taken into account as the net capital gain under subsection (a) shall not exceed the net capital gain determined by only taking into account gains and losses properly taken into account for the portion of the taxable year after December 31, 1998. ``(2) Special rules for pass-thru entities.-- ``(A) In general.--In applying paragraph (1) with respect to any pass-thru entity, the determination of when gains and losses are properly taken into account 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. ``(c) Cross References.-- ``For computation of the alternative tax-- ``(1) in the case of life insurance companies, see section 801(a)(2), ``(2) in the case of regulated investment companies and their shareholders, see section 852(b)(3) (A) and (D), and ``(3) in the case of real estate investment trusts, see section 857(b)(3)(A).'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 1998. SEC. 2. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. (a) In General.--Part II of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to basis rules of general application) is amended by inserting after section 1021 the following new section: ``SEC. 1022. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR LOSS. ``(a) General Rule.-- ``(1) Indexed basis substituted for adjusted basis.--Except as provided in paragraph (2), if an indexed asset which has been held for more than 1 year is sold or otherwise disposed of, then, for purposes of this title, the indexed basis of the asset shall be substituted for its adjusted basis. ``(2) Exception for depreciation, etc.--The deduction for depreciation, depletion, and amortization shall be determined without regard to the application of paragraph (1) to the taxpayer or any other person. ``(b) Indexed Asset.-- ``(1) In general.--For purposes of this section, the term `indexed asset' means-- ``(A) stock in a corporation, and ``(B) tangible property (or any interest therein), which is a capital asset or property used in the trade or business (as defined in section 1231(b)). ``(2) Certain property excluded.--For purposes of this section, the term `indexed asset' does not include-- ``(A) Creditor's interest.--Any interest in property which is in the nature of a creditor's interest. ``(B) Options.--Any option or other right to acquire an interest in property. ``(C) Net lease property.--In the case of a lessor, net lease property (within the meaning of subsection (h)(1)). ``(D) Certain preferred stock.--Stock which is preferred as to dividends and does not participate in corporate growth to any significant extent. ``(E) Stock in certain corporations.--Stock in-- ``(i) an S corporation (within the meaning of section 1361), ``(ii) a personal holding company (as defined in section 542), and ``(iii) a foreign corporation. ``(3) Exception for stock in foreign corporation which is regularly traded on national or regional exchange.--Clause (iii) of paragraph (2)(E) shall not apply to stock in a foreign corporation the stock of which is listed on the New York Stock Exchange, the American Stock Exchange, or any domestic regional exchange for which quotations are published on a regular basis other than-- ``(A) stock of a foreign investment company (within the meaning of section 1246(b)), and ``(B) stock in a foreign corporation held by a United States person who meets the requirements of section 1248(a)(2). ``(c) Indexed Basis.--For purposes of this section-- ``(1) General rule.--The indexed basis for any asset is-- ``(A) the adjusted basis of the asset, increased by ``(B) the applicable inflation adjustment. ``(2) Applicable inflation adjustment.--The applicable inflation adjustment for any asset is an amount equal to-- ``(A) the adjusted basis of the asset, multiplied by ``(B) the percentage (if any) by which-- ``(i) the chain-type price index for GDP for the last calendar quarter ending before the asset is disposed of, exceeds ``(ii) the chain-type price index for GDP for the last calendar quarter ending before the asset was acquired by the taxpayer. The percentage under subparagraph (B) shall be rounded to the nearest \1/10\ of 1 percentage point. ``(3) Chain-type price index for GDP.--The chain-type price index for GDP for any calendar quarter is such index for such quarter (as shown in the last revision thereof released by the Secretary of Commerce before the close of the following calendar quarter). ``(d) Special Rules.--For purposes of this section-- ``(1) Treatment as separate asset.--In the case of any asset, the following shall be treated as a separate asset: ``(A) a substantial improvement to property, ``(B) in the case of stock of a corporation, a substantial contribution to capital, and ``(C) any other portion of an asset to the extent that separate treatment of such portion is appropriate to carry out the purposes of this section. ``(2) Assets which are not indexed assets throughout holding period.-- ``(A) In general.--The applicable inflation ratio shall be appropriately reduced for calendar months at any time during which the asset was not an indexed asset. ``(B) Certain short sales.--For purposes of applying subparagraph (A), an asset shall be treated as not an indexed asset for any short sale period during which the taxpayer or the taxpayer's spouse sells short property substantially identical to the asset. For purposes of the preceding sentence, the short sale period begins on the day after the substantially identical property is sold and ends on the closing date for the sale. ``(3) Treatment of certain distributions.--A distribution with respect to stock in a corporation which is not a dividend shall be treated as a disposition. ``(4) Section cannot increase ordinary loss.--To the extent that (but for this paragraph) this section would create or increase a net ordinary loss to which section 1231(a)(2) applies or an ordinary loss to which any other provision of this title applies, such provision shall not apply. The taxpayer shall be treated as having a long-term capital loss in an amount equal to the amount of the ordinary loss to which the preceding sentence applies. ``(5) Acquisition date where there has been prior application of subsection (a)(1) with respect to the taxpayer.--If there has been a prior application of subsection (a)(1) to an asset while such asset was held by the taxpayer, the date of acquisition of such asset by the taxpayer shall be treated as not earlier than the date of the most recent such prior application. ``(6) Collapsible corporations.--The application of section 341(a) (relating to collapsible corporations) shall be determined without regard to this section. ``(e) Certain Conduit Entities.-- ``(1) Regulated investment companies; real estate investment trusts; common trust funds.-- ``(A) In general.--Stock in a qualified investment entity shall be an indexed asset for any calendar month in the same ratio as the fair market value of the assets held by such entity at the close of such month which are indexed assets bears to the fair market value of all assets of such entity at the close of such month. ``(B) Ratio of 90 percent or more.--If the ratio for any calendar month determined under subparagraph (A) would (but for this subparagraph) be 90 percent or more, such ratio for such month shall be 100 percent. ``(C) Ratio of 10 percent or less.--If the ratio for any calendar month determined under subparagraph (A) would (but for this subparagraph) be 10 percent or less, such ratio for such month shall be zero. ``(D) Valuation of assets in case of real estate investment trusts.--Nothing in this paragraph shall require a real estate investment trust to value its assets more frequently than once each 36 months (except where such trust ceases to exist). The ratio under subparagraph (A) for any calendar month for which there is no valuation shall be the trustee's good faith judgment as to such valuation. ``(E) Qualified investment entity.--For purposes of this paragraph, the term `qualified investment entity' means-- ``(i) a regulated investment company (within the meaning of section 851), ``(ii) a real estate investment trust (within the meaning of section 856), and ``(iii) a common trust fund (within the meaning of section 584). ``(2) Partnerships.--In the case of a partnership, the adjustment made under subsection (a) at the partnership level shall be passed through to the partners. ``(3) Subchapter s corporations.--In the case of an electing small business corporation, the adjustment under subsection (a) at the corporate level shall be passed through to the shareholders. ``(f) Dispositions Between Related Persons.-- ``(1) In general.--This section shall not apply to any sale or other disposition of property between related persons except to the extent that the basis of such property in the hands of the transferee is a substituted basis. ``(2) Related persons defined.--For purposes of this section, the term `related persons' means-- ``(A) persons bearing a relationship set forth in section 267(b), and ``(B) persons treated as single employer under subsection (b) or (c) of section 414. ``(g) Transfers To Increase Indexing Adjustment or Depreciation Allowance.--If any person transfers cash, debt, or any other property to another person and the principal purpose of such transfer is-- ``(1) to secure or increase an adjustment under subsection (a), or ``(2) to increase (by reason of an adjustment under subsection (a)) a deduction for depreciation, depletion, or amortization, the Secretary may disallow part or all of such adjustment or increase. ``(h) Definitions.--For purposes of this section-- ``(1) Net lease property defined.--The term `net lease property' means leased real property where-- ``(A) the term of the lease (taking into account options to renew) was 50 percent or more of the useful life of the property, and ``(B) for the period of the lease, the sum of the deductions with respect to such property which are allowable to the lessor solely by reason of section 162 (other than rents and reimbursed amounts with respect to such property) is 15 percent or less of the rental income produced by such property. ``(2) Stock includes interest in common trust fund.--The term `stock in a corporation' includes any interest in a common trust fund (as defined in section 584(a)). ``(i) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.'' (b) Clerical Amendment.--The table of sections for part II of subchapter O of such chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 1021 the following new item: ``Sec. 1022. Indexing of certain assets for purposes of determining gain or loss.'' (c) Adjustment To Apply for Purposes of Determining Earnings and Profits.--Subsection (f) of section 312 of the Internal Revenue Code of 1986 (relating to effect on earnings and profits of gain or loss and of receipt of tax-free distributions) is amended by adding at the end thereof the following new paragraph: ``(3) Effect on earnings and profits of indexed basis.-- ``For substitution of indexed basis for adjusted basis in the case of the disposition of certain assets after December 31, 1998, see section 1022(a)(1).'' (d) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to the disposition of any property the holding period of which begins after December 31, 1998. (2) Certain transactions between related persons.--The amendments made by this section shall not apply to the disposition of any property acquired after December 31, 1998, from a related person (as defined in section 1022(f)(2) of the Internal Revenue Code of 1986, as added by this section) if-- (A) such property was so acquired for a price less than the property's fair market value, and (B) the amendments made by this section did not apply to such property in the hands of such related person. SEC. 3. REPEAL OF CERTAIN FEDERAL TRANSFER TAXES. (a) In General.--Subtitle B of the Internal Revenue Code of 1986 is repealed. (b) Effective Date.--The repeal made by subsection (a) shall apply to the estates of decedents dying, and gifts and generation-skipping transfers made, after the date of enactment of this Act. (c) Technical and Conforming Changes.--The Secretary of the Treasury or the Secretary's delegate shall, as soon as practicable but in any event not later than 90 days after the date of enactment of this Act, submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a draft of any technical and conforming changes in the Internal Revenue Code of 1986 which are necessary to reflect throughout such Code the changes in the substantive provisions of law made by this Act.

Amends the Internal Revenue Code to revise capital gains rates for corporate and noncorporate taxpayers. (Sec. 2) Substitutes the indexed basis (inflation-increased adjusted basis) for the adjusted basis with respect to gain and loss of disposed indexed assets (corporate stock and tangible capital assets or business property) held for more than one year. Sets forth related provisions with respect to: (1) certain conduit entities; (2) related party dispositions; and (3) transfers to increase indexing adjustment or depreciation allowance. (Sec. 3) Repeals certain Federal transfer taxes with respect to the estates of persons dying, and gifts and generation-skipping transfers made, after enactment of this Act.

A bill to amend the Internal Revenue Code of 1986 to reduce the maximum capital gains rates, to index capital assets for inflation, and to repeal the Federal estate and gift taxes and the tax on generation-skipping transfers.

SECTION 1. ESTABLISHMENT. There is established in the Congress an office to be known as the ``Congressional Office for Public Opinion Research and Assessment'', hereinafter in this Act referred to as the ``Office''. SEC. 2. OFFICE AND GOVERNING BOARD. The Office will consist of a nonvoting Director and a Board comprised of-- (1) 3 Members of the House of Representatives designated by the majority leader of the House of Representatives; (2) 3 Members of the House of Representatives designated by the minority leader of the House of Representatives; (3) 3 Senators designated by the majority leader of the Senate; and (4) 3 Senators designated by the minority leader of the Senate. Terms of Board members, methods of appointment, rotation, filling vacancies, selection of a chairman or vice-chairman, and authorizing meetings, documents, and expenditures shall be similar to that of the Office of Technology Assessment. The Board is required to set out research priorities and methods for choosing research topics. Members may request the Office to perform research and evaluations subject to rules set by the Board. SEC. 3. DIRECTOR AND DEPUTY DIRECTOR. (a) Director.--The Director of the Office shall be appointed by the Board and shall serve for a term of 6 years unless sooner removed by the Board. The Director shall receive basic pay at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code. In addition to the powers and duties vested in the Director by this Act, the Director shall exercise such powers and duties as may be delegated by the Board. (b) Deputy Director.--The Director may appoint with the approval of the Board, a Deputy Director who shall perform such functions as the Director may prescribe and who shall be Acting Director during the absence or incapacity of the Director or in the event of a vacancy in the office of Director. The Deputy Director shall receive basic pay at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (c) Limitation.--Neither the Director nor the Deputy Director shall engage in any other business, vocation, or employment than that of serving as such Director or Deputy Director, as the case may be; nor shall the Director or Deputy Director, except with the approval of the Board, hold any office in, or act in any capacity for, any organization, agency, or institution with which the Office makes any contract or other arrangement under this Act. SEC. 4. AUTHORITY. (a) In General.--The Office shall have the authority, within the limits of available appropriations, to do all things necessary to carry out the provisions of this Act, including but without being limited to the authority to-- (1) make full use of competent personnel and organizations outside the Office, public or private, and form special ad hoc task forces or make other arrangements when appropriate; and (2) enter into contracts or other arrangements as may be necessary for the conduct of the work of the Office with any agency or instrumentality of the United States, with any State, territory, or possession or any political subdivision thereof, or with any person, firm or association, corporation, or educational institution, accept and utilize the services of voluntary and uncompensated personnel, acquire property of all kinds necessary for or resulting from the exercise of authority of this Act, and provide such rules and regulations as it deems necessary governing its operation and organization. (b) Personnel.--The Director shall, in accordance with such policies as the Board shall prescribe, appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this Act. SEC. 5. ADVISORY COUNCIL. An Advisory Council will be established by the Board consisting of individuals who are most knowledgeable of the state-of-the-art of processes, methods, and needs for informing Congress of the opinions and values of the public. Membership, duties, provisions for chairman and vice-chairman, terms, expense allowances and compensation shall be similar to that of the Technology Assessment Advisory Council of the Office of Technology Assessment. The Council will advise the Board on research priorities and methods which are the most promising and cost effective to pursue and keep itself informed on the state-of-the-art of opinion research, including such developments as interactive TV, electronic fora and town meetings, computer network conferencing, and all methods for enhancing democracy in this and other countries. SEC. 6. EXPERT PANELS. An expert, ad hoc panel will be set up by the Director for each survey to assist in the design and analysis. Members of these panels will be experts in the issues of the survey and represent a full range of scientific expertise, approaches, and viewpoints on alternative courses for dealing with the issue in its various aspects and including all major policy alternatives. A report will be prepared in a timely fashion at the conclusion of each survey including a master questionnaire, containing the questions as asked with frequencies or percentage responses, and an analysis prepared by the advisory panel with the assistance of in-house or contractor personnel. SEC. 7. PUBLIC RELEASE. The survey report and all other survey data (including the methodology used and an analysis of the probable accuracy and estimates of the probable errors both because of sampling error and all other causes) will be made public in a timely manner to the news media and to organizations and individuals specializing in public policy or public opinion. The other survey data will be available in written form as a data book and in electronic form as complete data discs readable by personal computers suitable for statistical analysis in standard fashion and will be provided on request to anyone at a reasonable cost adequate to cover the full marginal cost of production and distribution. SEC. 8. METHODOLOGY. The surveys will test the degree of public support for alternative policy proposals when the survey respondents are informed in a fair, balanced, and accurate manner with relevant facts. The surveys will not only test support for various policy proposals, but also seek to determine how important various pieces of information, including balanced sets of arguments for and against the proposal, turn out to be in determining that support. Depending on available funds to pay for the interviewing and analyzing of statistically adequate oversamples, some surveys will also endeavor to determine statistically significant differences between the national sample and State or district samples, particularly in those issue areas where particular regions, States, or districts are expected to have different opinions because of the nature of the issue. SEC. 9. METHODOLOGICAL RESEARCH. (a) In General.--The surveys will experiment with innovative technology, hardware, and software, including electronic media, digital and fiber optics networks, both with independent telephone interviewing and supplemented by and in conjunction with face-to-face interviewing and television programming that attempts to create the group interactivity, issue-defining, agenda-setting and consensus-building of what has come to be called the electronic town meeting, as any of these techniques and methodologies show promise of improving the ability of the Office to accomplish its purposes. The surveys will be designed not only to obtain the policy views of the public but also-- (1) to test various concepts about how best to design, formulate, word, and include in the survey as it is spoken, shown, or read by interviewers, whether from CATI (Computer Assisted Telephone Interviewing) screens or by other means, the required factual information and pro and con arguments; and (2) to determine the direction and degree to which doing this in different ways affects the results of the surveys. (b) Sensitivity Analysis Research.--Sensitivity analysis research will also be performed which will determine the degree to which imbalance in the amount and quality of factual information and in the bias created by cuing and permission language affects survey data. Such research shall be designed to lead to a better understanding of the affects of question design, menu choices, and implicit or unstated assumptions or survey researchers. (c) Interaction Testing.--Surveys will also test the degree of interaction that works best--i.e., is most informative of the public position--at different stages in the designers' understanding of the public view in the issue. SEC. 10. APPROPRIATION FOR THE OFFICE AND PARTIAL RESCISSION OF APPROPRIATIONS FOR SENATE AND HOUSE OF REPRESENTATIVES MAIL COSTS. (a) Appropriation.--There is appropriated, out of any money in the Treasury not otherwise appropriated, $10,000,000 for the Congressional Office for Public Opinion Research and Assessment for fiscal year 1994. (b) Rescissions.--Of the funds appropriated in the Legislative Branch Appropriations Act, 1994, for the Senate under the heading ``official mail costs'', there is rescinded the sum of $5,000,000. Of the funds appropriated in the Legislative Branch Appropriations Act, 1994, for the House of Representatives under the headings ``Salaries and Expenses'' and ``official mail costs'', there is rescinded the sum of $5,000,000.

Establishes the Congressional Office for Public Opinion Research and Assessment to set out research priorities and methods for choosing research topics. Requires the Board of the Office to establish an Advisory Council to advise the Board on research priorities and methods which are the most promising and cost effective to pursue and to keep itself informed on the state-of-the-art of opinion research (including such developments as interactive television, electronic fora and town meetings, computer network conferencing, and all methods for enhancing democracy in this country). Requires the Director of the Office to set up an expert, ad hoc panel for each survey to assist in design and analysis. Requires a report to be prepared at the conclusion of each survey including a master questionnaire containing the questions as asked, with frequencies or percentage responses and an analysis prepared by the advisory panel with the assistance of in-house or contractor personnel. Requires the survey, along with its data, to be made public to the news media and to organizations and individuals specializing in public policy or opinion. Makes FY 1994 appropriations for the Office. Rescinds specified appropriations earmarked for official mail costs in the Senate and for such costs, salaries, and expenses earmarked for the House of Representatives for FY 1994.

To establish a Congressional Office for Public Opinion Research and Assessment.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Restoring Confidence Through Smarter Campaigns Act''. (b) Findings.--Congress finds the following: (1) The Supreme Court decision in Buckley v. Valeo failed to recognize that unlimited spending on elections has a corrosive effect on the electoral process and on public confidence in the integrity of the electoral process. (2) Restoring Congress's regulatory power over campaign expenditures will level the playing field by creating a realistic opportunity for more Americans to seek Federal office and by encouraging elections that are more competitive. (3) Limiting the need for incessant fundraising by Members of Congress may restore the public's confidence in both the electoral process and in the accountability of Members to the constituents who elect them. SEC. 2. EXPENDITURE LIMITATIONS IN HOUSE ELECTIONS. (a) Establishment of Limitations.--Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(k) Expenditure Limitations in House Elections.-- ``(1) Limitations.-- ``(A) In general.--A candidate for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and the authorized committees of the candidate may not make expenditures which in the aggregate exceed $500,000 during the election cycle, of which-- ``(i) not more than $250,000 may be attributable to expenditures made with respect to a primary election; and ``(ii) not more than $250,000 may be attributable to expenditures made with respect to a general election. ``(B) Increase in limitations for runoff elections.--In the case of a candidate in a runoff election, the candidate and the authorized committees of the candidate may make an additional amount of expenditures which in the aggregate do not exceed $250,000, of which-- ``(i) not more than $125,000 may be attributable to expenditures made with respect to a primary runoff election; and ``(ii) not more than $125,000 may be attributable to expenditures made with respect to a general runoff election. ``(2) Exclusion of expenditures for legal services.--In determining the amount of expenditures made for purposes of this subsection, there shall be excluded any expenditures made for legal services in connection with the campaign. ``(3) Penalties.--Any candidate who makes expenditures in an election in excess of the limit applicable to the election under paragraph (1) shall pay to the Commission a civil money penalty in an amount determined as follows: ``(A) If the amount of expenditures in excess of the limit is equal to or less than 2.5 percent of the amount of the limit, the penalty shall be equal to the amount of the excess expenditures. ``(B) If the amount of expenditures in excess of the limit is greater than 2.5 percent but equal to or less than 5 percent of the amount of the limit, the penalty shall be equal to 300 percent of the amount of the excess expenditures. ``(C) If the amount of expenditures in excess of the limit is greater than 5 percent of the amount of the limit, the penalty shall be equal to the sum of 300 percent of the amount of the excess expenditures plus an additional penalty determined by the Commission.''. (b) Indexing of Amounts.-- (1) Application of indexing.--Section 315(c)(1) of such Act (2 U.S.C. 441a(c)(1)) is amended-- (A) in subparagraph (B)(i), by striking ``or (h)'' and inserting ``(h), or (k)''; and (B) in subparagraph (C), by striking ``and (h)'' and inserting ``(h), and (k)''. (2) Determination of base year.--Section 315(c)(2)(B) of such Act (2 U.S.C. 441a(c)(2)(B)) is amended-- (A) by striking ``and'' at the end of clause (i); (B) by striking the period at the end of clause (ii) and inserting ``; and''; and (C) by adding at the end the following new clause: ``(iii) for purposes of subsection (k), calendar year 2011.''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections held on or after January 1, 2011.

Restoring Confidence Through Smarter Campaigns Act - Amends the Federal Election Campaign Act of 1971 to limit expenditures by candidates for the House of Representatives to $500,000 during the election cycle ($250,000 for a primary election and $250,000 for a general election). Sets at $250,000 the maximum amount of expenditures which may be made for a runoff election ($125,000 for a primary runoff election and $125,000 for a general runoff election). Excludes from such limits expenditures for legal services. Provides for indexing such amounts for inflation.

To amend the Federal Election Campaign Act of 1971 to provide for limitations on expenditures in elections for the House of Representatives.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assessing Progress in Haiti Act''. SEC. 2. FINDINGS. Congress finds the following: (1) On January 12, 2010, an earthquake measuring 7.0 on the Richter magnitude scale struck the country of Haiti. (2) According to the United States Geological Survey (USGS)-- (A) the earthquake epicenter was located approximately 15 miles southwest of Port-au-Prince, the capital of Haiti; and (B) the earthquake was followed by 59 aftershocks of magnitude 4.5 or greater, the most severe measuring 6.0. (3) According to the Government of Haiti, more than 316,000 people died as a result of the earthquake, including 103 citizens of the United States and more than 100 United Nations personnel. (4) According to the United Nations and the International Organization for Migration-- (A) an estimated 3,000,000 people were directly affected by the disaster, nearly one-third of the country's population; and (B) more than 2,100,000 people were displaced from their homes to settlements. (5) Casualty numbers and infrastructure damage, including to roads, ports, hospitals, and residential dwellings, place the earthquake as the worst cataclysm to hit Haiti in over two centuries and, proportionally, one of the world's worst natural disasters in modern times. (6) The Post Disaster Needs Assessment (PDNA) conducted by the Government of Haiti, the United Nations, the World Bank, the Inter-American Development Bank, and other experts estimates that damage and economic losses totaled $7,804,000,000, approximately 120 percent of Haiti's gross domestic product in 2009. (7) Haiti is the poorest, least developed country in the Western Hemisphere with, prior to the earthquake-- (A) more than 70 percent of Haitians living on less than $2 per day; and (B) a ranking of 149 out of 182 countries on the United Nations Human Development Index. (8) House Resolution 1021, which was passed on January 21, 2010, on a vote of 411 to 1 expressed-- (A) the House of Representatives' ``deepest condolences and sympathy for the horrific loss of life'' caused by the earthquake; and (B) bipartisan support for Haiti's recovery and reconstruction. (9) The initial emergency response of the men and women of the United States Government, led by the United States Agency for International Development and United States Southern Command, was swift and resolute. (10) United States urban search and rescue (USAR) teams were immediately activated after the earthquake and deployed from Fairfax County, Virginia, Los Angeles County, California, Miami-Dade, Florida, the City of Miami, Florida, and Virginia Beach, Virginia, to assist the United States Agency for International Development (USAID) Disaster Assistance Response Team (DART), and New York City's first responders asked the Office of U.S. Foreign Disaster Assistance (OFDA) to activate a New York City urban search and rescue shortly thereafter. (11) A month after the earthquake, the House of Representatives unanimously passed House Resolution 1059 which expressed gratitude to these USAR units, and highlighted that the 511 United States rescue workers comprised roughly one- third of the entire international USAR effort in Haiti, and more than 130 people were rescued from under the rubble in Haiti by these units. (12) Individuals, businesses, and philanthropic organizations across the United States and throughout the international community responded in support of Haiti and its populace during this crisis, sometimes in innovative ways such as fundraising through text messaging. (13) The Haitian diaspora in the United States, which was integral to emergency relief efforts-- (A) has annually contributed significant monetary support to Haiti through remittances; and (B) continues to seek opportunities to partner with the United States Agency for International Development and other agencies to substantively contribute to the reconstruction of Haiti. (14) Significant challenges still remain in Haiti as it works to recover and rebuild. (15) According to the International Organization for Migration, approximately 680,000 people remain in spontaneous and organized camps in Haiti. (16) According to numerous nongovernmental organizations and United States contractors, the pace of reconstruction has lagged significantly behind the original emergency relief phase. (17) The widespread irregularities that occurred in the elections held in Haiti on November 28, 2010, led to outbursts of violence which undermined the recovery efforts. (18) On October 21, 2010, an outbreak of cholera was detected in the Lower Artibonite region. (19) Initial efforts to contain the epidemic were disrupted by Hurricane Tomas and resulting widespread flooding, which led to the spreading and entrenchment of the disease throughout the country. (20) According to the Haitian Ministry of Public Health and Population, as of March 28, 2011-- (A) approximately 4,766 people have died from cholera; and (B) approximately 270,991 have been infected from the disease. (21) According to the Pan American Health Organization and the Centers for Disease Control and Prevention, cholera could spread to as many as 400,000 people within the first year of the epidemic, potentially causing 7,600 deaths at the current case fatality rate. (22) The United States has provided more than $62,523,017 worth of assistance to combat the cholera epidemic, including by assisting with stockpiling health commodities, equipping cholera treatments centers, providing public information, and improving water and sanitation systems. (23) The efforts to combat the cholera epidemic have helped to drive the mortality rate from cholera down from nearly 7 percent to 1.7 percent of all contracted cases as of February 25, 2011. (24) Throughout the series of crises, the people of Haiti continue to demonstrate unwavering resilience, dignity, and courage. (25) On March 20, 2011, presidential and parliamentary elections were held in Haiti without major disruptions or problems. (26) At the international donors conference ``Towards a New Future for Haiti'' held on March 31, 2010, 59 donors pledged over $5,000,000,000 to support Haiti. (27) The United Nations Office of the Special Envoy for Haiti estimates that nearly $1,900,000,000 has been disbursed, with an additional amount of approximately $2,000,000,000 committed. (28) Haiti will need the support of the international community in order to confront the ongoing cholera epidemic and to promote reconstruction and development. SEC. 3. REPORT. (a) Report Required.--Not later than six months after the date of the enactment of this Act, the President, in consultation with the heads of all relevant agencies, including the Department of State, the United States Agency for International Development, the Department of Defense, the Department of Health and Human Services, and the Centers for Disease Control and Prevention shall transmit to Congress a report on the status of post-earthquake humanitarian, reconstruction, and development efforts in Haiti, including efforts to prevent the spread of cholera and treat persons infected with the disease. (b) Contents.--The report required by subsection (a) shall include a description, analysis, and evaluation of the-- (1) overall progress of relief, recovery, and reconstruction in Haiti, including-- (A) programs and projects of the United States Government; (B) programs and projects to protect vulnerable populations, such as internally displaced persons, children, women and girls, and persons with disabilities; and (C) projects to improve water, sanitation, and health, and plans for improvements in these areas in the long-term; (2) extent to which United States and international efforts are in line with the priorities of the Government of Haiti and are actively engaging and working through Haitian ministries and local authorities; (3) coordination among United States Government agencies, and coordination between the United States Government and United Nations agencies, international financial institutions, and other bilateral donors; (4) mechanisms for communicating the progress of recovery and reconstruction efforts to Haitian citizens, as well as recommendations on how these can be improved; (5) mechanisms through which Haitian civil society, including vulnerable populations, is actively participating in all major stages of recovery and reconstruction efforts, and recommendations on how these can be improved; (6) mechanisms through which the Haitian diaspora is involved in recovery and reconstruction efforts; and (7) suitability of Haiti to receive aliens who are removed, excluded, or deported from the United States pursuant to United States law, and steps Haiti is taking to strengthen its capacity in this regard. (c) Use of Previously Appropriated Funds.--Funding for the report required under subsection (a) shall derive from existing discretionary funds of the departments and agencies specified in such subsection.

Assessing Progress in Haiti Act - Directs the President to report to Congress on the status of post-earthquake humanitarian, reconstruction, and development efforts in Haiti, including efforts to prevent the spread of cholera and treat persons infected with the disease.

A bill to measure the progress of relief, recovery, reconstruction, and development efforts in Haiti following the earthquake of January 12, 2010, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reemployment Tax Credit Act of 1998''. SEC. 2. WORK OPPORTUNITY TAX CREDIT. (a) Qualified Dislocated Workers Treated as Members of Targeted Groups.-- (1) In general.--Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 (relating to members of targeted groups) is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(I) a qualified dislocated worker.''. (2) Qualified dislocated worker.--Section 51(d) of such Code is amended by redesignating paragraphs (10), (11), and (12) as paragraphs (11), (12), and (13), respectively, and by inserting after paragraph (9) the following new paragraph: ``(10) Qualified dislocated worker.-- ``(A) In general.--The term `qualified dislocated worker' means any individual who is certified by the designated local agency as-- ``(i) being eligible for unemployment compensation (within the meaning of section 85) as a result of loss of employment at a work- site located in an economic dislocation area, ``(ii) having a hiring date which is not later than 90 days after the date on which the individual becomes eligible for such unemployment compensation, and ``(iii) being offered employment at a work- site which is not more than 60 miles from the previous work-site of the individual. ``(B) Certification of economic dislocation area.-- ``(i) Certification.--Not later than 20 days after an application for certification of a community as an economic dislocation area is received by the Assistant Secretary of Economic Development of the Department of Commerce under clause (ii), the Assistant Secretary shall certify whether or not the community is an economic dislocation area as determined under subparagraph (C) or (D). ``(ii) Application.--For purposes of clause (i), the application for certification shall be submitted by the Governor of the State (or the Governor's designee) in which the community for which certification is being sought is located and shall be in such form and contain such information as the Assistant Secretary may require in order to determine whether the community is an economic dislocation area. ``(C) Communities located in a metropolitan statistical area.--Except as provided in subparagraph (E), a community located in a metropolitan statistical area (within the meaning of section 143(k)(2)(B)) shall be certified as an economic dislocation area if the community suffers actual or threatened permanent job loss and-- ``(i) in the case of a metropolitan statistical area in which the unemployment rate is greater than the national average, the job loss in the community is equal to or greater than the lesser of-- ``(I) 0.5 percent of the employed population in the community, or ``(II) 4,000, or ``(ii) in the case of a metropolitan statistical area in which the unemployment rate is equal to or less than the national average, the job loss in the community is equal to or greater than the lesser of-- ``(I) 1 percent of the employed population in the community, or ``(II) 8,000. ``(D) Communities not located in a metropolitan statistical area.--Except as provided in subparagraph (E), a community that is not located in a metropolitan statistical area shall be certified as an economic dislocation area if the community suffers actual or threatened permanent job loss and-- ``(i) if the unemployment rate of the Labor Market Area in which the community is located is greater than the national average, the job loss in the community is equal to or greater than the lesser of-- ``(I) 2 percent of the employed population in the community, or ``(II) 500, or ``(ii) if the unemployment rate of the Labor Market Area in which the community is located is equal to or less than the national average, the job loss in the community is equal to or greater than the lesser of-- ``(I) 4 percent of the employed population in the community, or ``(II) 1,000. ``(E) Required job loss percentage.--A community shall not be certified under this paragraph as an economic dislocation area unless at least-- ``(i) 50 percent of the job loss in the community is the result of the action of a single employer, or ``(ii) 80 percent of such job loss occurs in a single standard industry classification.''. (b) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 1998.

Reemployment Tax Credit Act of 1998 - Amends the Internal Revenue Act to extend the employer work opportunity tax credit to include qualified dislocated workers.

Reemployment Tax Credit Act of 1998

findings and declaration of policy Sec. 2. The Congress hereby finds that the security and welfare of the United States requires that this and future generations of American youth be assured ample opportunity for the fullest development of their intellectual capacities, and that this opportunity will be jeopardized unless the financial barrier against youth of college ability obtaining a higher education can be overcome. It shall be the policy of the United States that no high school graduate who can secure admission to an institution of higher education shall be denied an opportunity to attend such institution as a result of inadequate financial resources and that it is incumbent upon the Nation to take positive and immediate action to meet these needs through a program providing loans for young people who need financial assistance for post high school education or training. TITLE I--LOANS FOR COLLEGE STUDENTS agreements with institutions Sec. 101. (a) The Secretary of Education is authorized to enter into an agreement with any institution of higher education which desires to participate in a program making financial loans to students. Such payments to institutions shall be made during the period beginning October 1, 1993, and ending September 30, 1999, but no such loan shall cover any period after September 30, 2000. (b) An agreement between the Secretary and an institution of higher education for making such loans shall-- (1) provide that funds paid to the institution under this Act will be used solely to make loans to students in such institution; (2) provide that (A) no loan made to a recipient under this Act will cover more than two academic years, and (B) the amount of each such loan will be determined in the case of each recipient thereof with respect to each academic year in which such recipient receives such a loan, except that no such recipient shall receive more than $6,000 under the provisions of this Act in any academic year of undergraduate enrollment; or $8,500 in any academic year of graduate enrollment; (3) provide that the average loan per recipient for undergraduate students shall not exceed $4,500 and for graduate students shall not exceed $6,000 per academic year and shall be reduced proportionately for those students enrolled in such institution on less than a full-time basis; (4) provide that payments under such loan will continue only during such periods as the recipient is in good standing at the institution; (5) provide that each recipient of such a loan for the first and second academic years of undergraduate study must be selected solely on the basis of his being (A) capable of doing at least satisfactory academic work in the course of study which he will pursue in such institution, (B) in need of the amount of such loan in order to pursue a course of study in such institution and without reasonable expectation of obtaining grant assistance from any other source sufficient to enable him to undertake such course of study, and (C) of good character, with an earnest desire to obtain an education at an institution of higher education; (6) provide that at the completion of the second academic year, if such recipient has maintained good standing during the first and second academic years and would be unable to pursue a course of study in such institution during the third and fourth academic years without such a loan, the institution in which such recipient enrolls for the third academic year is authorized to award an additional loan for the third and fourth academic years; (7) include such provisions and be supported by such assurances as the Secretary may determine to be necessary to assure that there will be no reduction of the amount of student financial assistance offered by the institution from its own resources as a result of participation in the program under this Act; (8) include such other provisions as the Secretary may determine to be necessary to protect the financial interest of the United States and promote the purposes of this Act and as are agreed to by the Secretary and the institution; (9) provide that the institution will secure the proper execution of such documents by a recipient of a loan as are necessary to assure repayment of such loans in accordance with the provisions of section 103 of this Act; (10) provide that the liability to repay any such loan shall be cancelled upon the death of the borrower or if he becomes permanently and totally disabled; and (11) provide that such a loan by an institution for any year shall be made in such installments as will reasonably protect against the disbursement of funds to cover expenses for any period after a recipient of a loan has failed to maintain a satisfactory standing at such institution. payments to institutions Sec. 102. (a) Sums appropriated under this Act for any fiscal year shall be available in accordance with agreements between the Secretary and the institution of higher education for payment of contributions which together with the repayment of loans to the institutions shall be used for the establishment and maintenance of a Federal student loan fund at each institution. The Federal contribution to an institution shall be paid to it from time to time in such sums as the Secretary shall determine will not result in unnecessary accumulation in the Federal student loan fund of such institution established pursuant to this Act. Payments allotted to such institutions for loans for graduate students shall not be used to provide loans for undergraduate students and payments made to provide loans for undergraduate students shall not be used to provide loans for graduate students. (b) If the amount appropriated for any fiscal year is less than the aggregate of amounts authorized to be paid under subsection (a) for such year, the amount authorized to be paid under such subsection to each institution of higher education with which the Secretary has an agreement under the Act shall be reduced in proportion to the student enrollments in each institution for such year so that the aggregate of such amounts does not exceed the amount appropriated for such year. repayments of loans Sec. 103. Each year beginning with the second taxable year that a scholar who received a loan under this Act is no longer a bona fide students of an accredited institution of higher education and working toward a degree, the recipient shall pay to the Secretary a sum equal to 5 per centum of his personal net taxable income, as defined or determined by section 63 of the 1986 Internal Revenue Code, as amended, from sources other than pay for military service. Said sums to be paid each year until the total of the sums received by the student without interest is repaid. The Secretary shall issue such regulations as are reasonably necessary to assure receipt of necessary documents and information to secure such payments and such required documents and assurances shall be secured prior to payment of an individual loan. The recipient shall be given an alternative of repaying each year 10 per centum of the total of the sums received by the student and such payments shall begin with the second calendar year in which the student is no longer a bona fide student of an accredited institution of higher education for a period of six or more months and working toward a degree. Any sums due and unpaid shall bear interest compounded annually at the annual rate the Secretary determines to be 2 per centum more than the average interest rate paid on new issues of obligations of the United States for each calendar year such sums are due and owing. appropriations Sec. 104. In order to carry out the provisions of this Act, there are hereby authorized to be appropriated such sums as may be necessary to effectuate the purposes of this Act for fiscal year 1994 and each fiscal year thereafter through fiscal year 1999. Sums appropriated pursuant to the preceding sentence for fiscal years shall remain available for the award of financial assistance loans under this Act until the close of the fiscal year succeeding the fiscal year for which they were appropriated. TITLE II--DEFINITIONS AND OTHER PROVISIONS APPLICABLE TO ENTIRE ACT definitions Sec. 201. As used in this Act-- (a) The term ``institution of higher education'' means a pubic or other nonprofit educational institution in any State which-- (1) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; (2) is legally authorized within such State to provide a program of education beyond high school; (3) provides an educational program for which it awards a degree, or provides not less than a two-year program which is acceptable for full credit toward such a degree; and (4) is accredited by a nationally recognized accrediting agency or association listed by the Secretary pursuant to this paragraph or, if not so accredited, is an institution whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited or is an institution which the Secretary determines provides an educational program at least equal to the program provided by at least three accredited institutions. For the purposes of this paragraph the Secretary shall publish a list of nationally accrediting agencies or associations which he determines to be reliable authorities as to the quality of education or training offered. (b) The term ``high school'' does not include any grade beyond grade 12. (c) The term ``nonprofit educational institution'' means an educational institution owned and operated by one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. (d) The term ``public educational institution'' does not include a school or institution of any agency of the United States. (e) The term ``State'' includes, in addition to the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. (f) the term ``Secretary'' means the United States Secretary of Education. federal administration Sec. 202. (a) The Secretary may delegate any of his functions under this Act, except the making of regulations, or determining the accrediting of institutions to any officer or employee of the Department of Education. (b) In administering the provisions of this Act for which he is responsible, the Secretary is authorized to utilize the services and facilities of any agency of the Federal Government and of any other public or nonprofit agency or institution in accordance with appropriate agreements, and to pay for such services either in advance or by way of reimbursement, as may be agreed upon. (c) The Secretary, may appoint one or more advisory committees to advise and consult with the Secretary with respect to the administration of any of his functions under this Act. Members of any such committee, while attending conferences or meetings of the committee, shall be entitled to receive compensation at a rate to be fixed by the Secretary but not to exceed $150 per diem, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons in the Government service employed intermittently. The provisions of General Education Provisions Act shall apply to members of such committees. method of payment to institutions Sec. 203. Payments under this Act to any individual or to any State or Federal agency, institution of higher education, or any other organization, may be made in installments, and in advance or by way of reimbursement, and with necessary adjustments on account of overpayments or underpayments. administrative appropriations authorized Sec. 204. There are hereby authorized to be appropriated for the fiscal year ending September 30, 1994, and for each fiscal year thereafter through fiscal year 1999, such sums as may be necessary for the cost of administering the provisions of this Act. Sec. 205. Nothing contained in this Act shall be construed as authorizing a department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over, or impose any requirements or condition with respect to, the personnel, curriculum, methods of instruction, or administration of any educational institution. TITLE III--NATIONAL STUDY Sec. 301. (a) The Secretary shall undertake a study to determine the extent to which the provisions of this Act can reasonably replace various other Federal grants or assistance programs. (b) The Secretary shall submit a report of his findings made pursuant to the study carried out under this section, together with such recommendations as he may deem appropriate, to the President and the Congress within two years after the date of the enactment of this section. Sec. 302. This Act shall be cited as the ``Federal Student Loan Act''.

Federal Student Loan Act - Title I: Loans for College Students - Authorizes the Secretary of Education to enter into agreements with institutions of higher education for a program of student loans. Provides for payments to such institutions during FY 1992 through 1997, for student loans to cover periods through FY 1998. Sets forth the terms of such agreements, including maximum individual and average amounts of such loans per academic year ($4,000 individual and $3,250 average for undergraduates; $5,500 individual and $4,000 average for graduate students). Provides that payments to institutions be used for the establishment and maintenance of separate Federal student loan funds for graduate and undergraduate students at such institutions. Authorizes appropriations. Title II: Definitions and Other Provisions Applicable to Entire Act - Sets forth the manner of Federal administration of such program (including the appointment of advisory committees by the Secretary) and the method of payment to institutions. Authorizes appropriations. Title III: National Study - Directs the Secretary to study, and to report to the President and the Congress on, the extent to which the provisions of this Act can reasonably replace various other Federal grants or assistance programs.

Federal Student Loan Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wage and Garnishment Equity Act of 2016'' or the ``WAGE Act''. SEC. 2. ASSIGNMENT OF EARNINGS DEFINED. Section 302 of the Consumer Credit Protection Act (15 U.S.C. 1672) is amended by adding at the end the following: ``(d) Assignment.--The term `assignment'-- ``(1) means a contractual agreement that constitutes or contains an assignment (as described in section 444.2(a)(3) of title 16, Code of Federal Regulations), including an assignment that is revocable at the will of the individual; and ``(2) does not include an assignment described in paragraph (ii) or (iii) of section 444.2(a)(3) of title 16, Code of Federal Regulations.''. SEC. 3. ADJUSTMENT TO RESTRICTIONS ON GARNISHMENT. Section 303(a) of the Consumer Credit Protection Act (15 U.S.C. 1673) is amended-- (1) by striking paragraph (1); (2) in the matter preceding paragraph (2), by striking ``garnishment may not exceed'' and inserting ``garnishment or assignment may not exceed the lesser of-- ``(1) for an individual earning-- ``(A) less than or equal to $1,200 (as adjusted for inflation every 3 years, by notice, to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics) a workweek, 10 percent of the individual's disposable earnings for that workweek; or ``(B) more than $1,200 (as adjusted for inflation every 3 years, by notice, to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics) a workweek, 15 percent of the individual's disposable earnings for that workweek; or''; (3) in paragraph (2)-- (A) by striking ``thirty'' and inserting ``80''; and (B) by striking the comma at the end and inserting a period; and (4) in the matter following paragraph (2), by striking ``whichever is less.''. SEC. 4. RESTRICTION ON ADVERSE EMPLOYMENT ACTION BECAUSE OF GARNISHMENT. (a) In General.--Section 304 of the Consumer Credit Protection Act (15 U.S.C. 1674) is amended-- (1) by amending the section heading to read as follows: ``restriction on adverse employment action''; and (2) by striking subsection (a) and inserting the following: ``(a) In General.--No employer may take any adverse employment action against an employee because the employee's earnings have been subjected to garnishment or assignment.''. (b) Table of Contents Amendment.--The table of contents in title III of the Consumer Credit Protection Act (15 U.S.C. 1671 et seq.) is amended by striking the item relating to section 304 and inserting the following: ``304. Restriction on adverse employment action.''. SEC. 5. STATE LAW WITH RESPECT TO ASSIGNMENTS. (a) Exemption for State-Regulated Assignments.-- (1) In general.--Section 305 of the Consumer Credit Protection Act (15 U.S.C. 1675) is amended-- (A) in the section heading, by inserting ``or assignments'' after ``garnishments''; (B) by inserting ``or assignments'' after ``garnishments''; and (C) by inserting ``or assignment'' after ``garnishment''. (2) Table of contents amendment.--The table of contents in title III of the Consumer Credit Protection Act (15 U.S.C. 1671 et seq.) is amended by amending the item relating to section 305 to read as follows: ``305. Exemption for State-regulated garnishments or assignments.''. (b) Effect on State Laws.--Section 307 of such Act (15 U.S.C. 1676) is amended-- (1) by striking ``State'' and inserting ``State--''; (2) in paragraph (1), by striking ``garnishments'' each place such term appears and inserting ``garnishments or assignments''; and (3) in paragraph (2), by striking ``garnishment'' and inserting ``garnishment or assignment''. SEC. 6. EMPLOYER LIABILITY FOR FAILURE TO GARNISH. (a) In General.--Title III of the Consumer Credit Protection Act (15 U.S.C. 1671 et seq.) is amended by adding at the end the following: ``Sec. 308. Delay of garnishment; employer liability ``(a) Delay of Garnishment.--A garnishment order directed at an employer with fewer than 50 employees may not require such employer to garnish the earnings of the individual who is the subject of the order earlier than the later of the following: ``(1) 15 business days after such employer receives the order. ``(2) 5 business days after the date on which the individual is regularly scheduled to receive earnings. ``(3) As would otherwise be required by State law or regulation. ``(b) Employer Liability.--No employer with fewer than 50 employees shall be liable for failing to respond to a garnishment order unless such employer-- ``(1) has been given written notice that specifies the nature of the employer's failure to comply with the requirements of this title; and ``(2) does not correct the failure described in paragraph (1) within 15 days of receipt of such notice.''. (b) Table of Contents Amendment.--The table of contents in title III of the Consumer Credit Protection Act (15 U.S.C. 1671 et seq.) is amended by adding at the end the following: ``308. Delay of garnishment; employer liability.''. SEC. 7. EXEMPTION FOR AMOUNTS IN DEPOSIT ACCOUNTS. (a) In General.--Of the aggregate amount of funds of an individual in deposit accounts, $10,000 (as adjusted for inflation every 3 years, by notice, to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics) shall be exempt and immune from attachment or seizure with respect to any judgment related to a debt. (b) Inclusion of Accounts.--In this subsection, the term ``deposit accounts'' shall include any account, as such term is defined in section 903 of the Electronic Fund Transfer Act (15 U.S.C. 1693a).

Wage and Garnishment Equity Act of 2016 or the WAGE Act This bill amends the Consumer Credit Protection Act to define "assignment" (of wages and earnings) to exclude payroll deductions or preauthorized payment plans and any assignment applicable only to earnings already earned. The bill adjusts the maximum part of a person's aggregate disposable earnings for any workweek that is subject to garnishment or assignment. Such amount shall not exceed the lesser of: (1) 10% of earnings for an individual earning $1200 or less weekly (15% for an individual earning more than $1200), or (2) the amount by which the earnings exceed 80 (currently, 30) times the federal minimum hourly wage in effect. No employer may take any adverse employment action against an employee because the employee's earnings have been subject to garnishment or assignment. The Department of Labor may provide the same exemption from maximum allowable garnishment requirements for state-regulated assignments as it does for state-regulated garnishments. The bill requires specified delays of garnishment pursuant to an order directed at an employer with fewer than 50 employees. Of the aggregate amount of an individual's funds in deposit accounts, $10,000 (as adjusted for inflation every three years) shall be exempt and immune from attachment or seizure for any judgment related to a debt.

WAGE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Connections for Rural Opportunities Program Act of 2012'' or the ``B-CROP Act of 2012''. SEC. 2. BROADBAND CONNECTIONS FOR RURAL OPPORTUNITIES PROGRAM. Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.) is amended by adding at the end the following: ``SEC. 603. BROADBAND CONNECTIONS FOR RURAL OPPORTUNITIES PROGRAM. ``(a) Definitions.--In this section: ``(1) Broadband service.--The term `broadband service' has the meaning given the term in section 601(b). ``(2) Eligible entity.--The term `eligible entity' means an entity that is-- ``(A) a private sector provider of broadband telecommunications services; or ``(B) a State, local, or tribal government, municipal provider, cooperative, institution of higher education, nonprofit organization, or public economic development organization. ``(3) Eligible rural community.--Unless the Secretary makes a finding in writing that an area is otherwise `rural in character', the term `eligible rural community' means any area of the United States that is not-- ``(A) included within the boundaries of any incorporated city, village, borough, or town with a population in excess of 50,000 inhabitants; or ``(B) the urbanized area contiguous and adjacent to a city, village, borough, or town described in subparagraph (A), as defined by the Bureau of the Census using the latest available decennial census of the United States. ``(b) Purposes.--The purposes of the grant program under this section are-- ``(1) to enhance the feasibility of providing broadband service to eligible rural communities; and ``(2) to deploy broadband telecommunications networks and capabilities to areas in which there is not otherwise a business case for private investment in a broadband network, with a focus on unserved eligible rural communities. ``(c) Grants Authorized.-- ``(1) In general.--The Secretary shall award grants to eligible entities for deployment, identification, or adoption of broadband services within eligible rural communities. ``(2) Amount.--A grant awarded to an eligible entity under this section may not be made in excess of 50 percent of the eligible project development costs. ``(d) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(e) Use of Funds.--A grant awarded to an eligible entity under this section shall be-- ``(1) used to facilitate the deployment of broadband telecommunications networks and capabilities to areas in which there is not otherwise a business case for private investment in a broadband network, with a focus on unserved eligible rural communities; or ``(2) combined with loans to enhance economic feasibility of projects serving high cost areas in which there is not otherwise a business case for private investment in a broadband network, with a focus on unserved eligible rural communities. ``(f) Priority.--In awarding grants under this section, the Secretary shall give priority to project applications that-- ``(1) as a percentage of the total applications, provide service to the highest proportion of rural residents that do not have access to broadband service; ``(2) will use broadband services to stimulate rural economic development, such as providing-- ``(A) connections between and among businesses and business incubators located in eligible rural communities; and ``(B) connections that are integrated with county and regional organization plans. ``(g) Processing Period.-- ``(1) In general.--Not later than 180 days after the date on which funds are appropriated to carry out this section, the Secretary shall publish a notice of funds availability. ``(2) Awards.--Not later than the end of the fiscal year following the date on which a notice is published under paragraph (1), the Secretary shall announce grant awards under this section. ``(h) Report.-- ``(1) In general.--Each recipient of a grant under this section shall submit to the Secretary a report describing the use of the funds provided by the grant. ``(2) Secretarial report.--Not later than 180 days after the date of enactment of this Act, and biannually thereafter until all funds are obligated, the Secretary shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate that describes planned spending and actual obligations of the funds made available to carry out this section. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2012 through 2014.''. SEC. 3. IMPROVING THE APPLICATION PROCESS FOR THE RURAL BROADBAND PROGRAM. (a) In General.--Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended-- (1) in subsection (c), by adding at the end the following: ``(3) Paperwork reduction.--The Secretary shall take such steps as are necessary to reduce the paperwork required of applicants under this section. ``(4) Processing period.-- ``(A) In general.--Not later than 180 days after the date on which funds are appropriated to carry out this section, the Secretary shall publish a notice of funds availability. ``(B) Awards.--Not later than the end of the end of the fiscal year following the date on which a notice is published under subparagraph (A), the Secretary shall announce grant awards under this section.''; (2) by redesignating subsections (i) through (l) as subsections (k) through (n), respectively; and (3) by inserting after subsection (h) the following: ``(i) Outreach.--The Secretary shall conduct outreach designed to inform the population of areas in which there is no or limited broadband service of the program carried out under this section. ``(j) Additional Staff.--The Secretary, in the discretion of the Secretary, may use up to 20 percent of the budget authority appropriated to carry out this section to hire such additional administrative personnel, including general field representatives and legal staff, as are necessary to carry out the administrative duties under this section.''. (b) Simplification of the Application Process and Post-Application Audit Requirements.-- (1) Definition of subsidiary.--In this subsection, the term ``subsidiary'' means a business entity controlled, directly or indirectly, by another business entity or person. (2) Requirements.--In carrying out title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.), the Secretary of Agriculture, in consultation with the Administrator of the Rural Utilities Service, shall, to the maximum extent practicable-- (A) remove any duplicative or unnecessary application or audit requirements under that title; (B) reduce the cost and paperwork associated with the application and audit requirements, including allowing parent companies, and the wholly owned subsidiaries of parent companies, to file a single consolidated application or audit report, if the application or report includes all relevant financial information concerning the project that is the subject of the grant, loan, or loan guarantee; (C) ensure that the Secretary examines-- (i) the total business plan of each applicant for a grant, loan, or loan guarantee under that title, including the revenue the applicant generated from sources unrelated to the broadband service of the applicant, but connected or otherwise related to the facilities financed by the grant, loan, or loan guarantee; and (ii) the requested information and projections provided by each applicant to ensure that there is no conflict with the regulatory obligations of the applicant to other Federal agencies including, at a minimum, to the Securities and Exchange Commission, the Federal Communications Commission, and the Federal Trade Commission; and (D) require that any recipient of a grant, loan, or loan guarantee under that title uses the funds from the grant, loan, or loan guarantee not later than 5 years after date of receipt of the funds to complete the project for which the funds were approved, unless the Secretary determines that the recipient was unable to expend the funds due to circumstances beyond the control of the recipient. SEC. 4. RURAL BROADBAND PROGRAM COORDINATION. Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.) (as amended by section 3) is amended by adding at the end the following: ``SEC. 604. CLEARINGHOUSE WEBSITE. ``The Secretary may use up to 5 percent of the budget authority made available to carry out this section for a national competition to create and maintain a comprehensive and interactive rural broadband clearinghouse accessible on the Internet at no cost to the public that describes options, opportunities, resources, successful public-private partnerships, comprehensive funding sources, and technology tutorials for rural broadband, including-- ``(1) case studies; ``(2) descriptions of best practices; ``(3) assessments of various technology solutions; ``(4) feasibility studies; ``(5) applications, including telework, telemedicine, distance learning, training, homeland security, senior citizen connectivity and program development, and business and economic development; ``(6) rural broadband options and policies analysis; ``(7) support for networks among rural communities and economic development agencies; and ``(8) a comprehensive list of municipal, nonprofit, and private sector providers. ``SEC. 605. REPORT TO CONGRESS. ``Not later than 540 days after the date of enactment of this section and subsequently not later than the date that is 3 years after the date of the submission of initial report, the Comptroller General of the United States shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes-- ``(1) an evaluation of the effectiveness of all Federal broadband assistance programs and policies aimed at fostering broadband access in rural and unserved areas, such as identifying and tracking-- ``(A) rural areas in each State that do not have broadband service; ``(B) the rate at which residential and business end users adopt broadband service when infrastructure is made available; ``(C) possible suppliers of broadband service; ``(D) the speed of broadband service offered in rural areas that do have access; ``(E) barriers to the adoption of broadband service, including whether-- ``(i) the demand for broadband service is absent; and ``(ii) the supply for broadband service is capable of meeting the demand for the service; ``(F) proposals for promoting interagency coordination of Federal agencies in regards to policies, procedures, and targeted resources, and means to improve and streamline the policies, programs and services; and ``(G) the adequacy of Federal and State universal service support programs and policies; ``(2) an assessment of best practices employed at the State and local government level to foster broadband access in rural and underserved areas; and ``(3) an evaluation of methods to coordinate and harmonize, to the maximum extent practicable, the efforts of the Department of Agriculture, the Department of Commerce, and the Federal Communications Commission to advance broadband deployment in rural areas throughout the United States.''.

Broadband Connections for Rural Opportunities Program Act of 2012 or the B-CROP Act of 2012 - Amends the Rural Electrification Act of 1936 to direct the Secretary of Agriculture (USDA) to: (1) award grants to eligible entities for the deployment, identification, or adoption of broadband services within eligible rural communities; and (2) reduce the paperwork required of rural broadband program applicants. Authorizes the Secretary to use specified funds for a national competition to create an Internet-accessible rural broadband clearinghouse.

A bill to amend the Rural Electrification Act of 1936 to establish a grant program within the rural broadband program of the Department of Agriculture, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Information and Treatment Access Act''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. TITLE I--FEDERAL INTERNET SITE FOR CONSOLIDATION AND TRANSLATION OF INFORMATION ON DISEASES AND OTHER CONDITIONS Sec. 101. Internet site. TITLE II--ADDITIONAL FORUMS FOR EXCHANGE OF HEALTH INFORMATION Sec. 201. Forum regarding off-label uses of new drugs and devices. Sec. 202. John Eisenberg forum regarding surgical procedures. Sec. 203. John Eisenberg forum regarding complementary and alternative medicine; dietary supplements and food. TITLE III--GENERAL PROVISIONS Sec. 301. Definitions. Sec. 302. Effective dates. SEC. 3. FINDINGS. The Congress finds as follows: (1) The Congress and the American people desire to live healthy lives and foster an effective and efficient health care system. This system requires timely, accurate, and ever- improving information resources. This will foster maximization of health care outcomes and help health care practitioners and patients partner for more effective results. (2) The Internet is a unique tool offering access to great volumes of information. Some is accurate and some is not. There has also been extensive government investment in placing medical information on the Internet in many diverse places. (3) There is a need to consolidate and translate this myriad of information for physicians and consumers, from the listing of clinical trials to the protocols for treatment of various diseases and conditions, as well as the integration of new discoveries and the evaluations of outcomes-based examinations of drugs and devices for conditions other than those for which they are already approved. This will lead to more accurate treatment, fewer medical errors, and more successful outcomes, while also protecting patients, a physician's right to practice medicine, and a patient's right to access the health care the patient desires. (4) The Food and Drug Administration is uniquely qualified to assist the Nation in fulfilling this mission to improve health care for the benefit of Americans. The Administration already coordinates the information needs of many government agencies and equivalent regulatory bodies in other countries. (5) In providing Internet-based forums for obtaining and disseminating health-related information (including information on surgical procedures; complimentary and alternative medicine; dietary supplements and food; and unapproved treatments), the Food and Drug Administration should work closely with educational institutions, schools of medicine, and other appropriate private entities and ensure that the expertise of such entities is appropriately utilized. TITLE I--FEDERAL INTERNET SITE FOR CONSOLIDATION AND TRANSLATION OF INFORMATION ON DISEASES AND OTHER CONDITIONS SEC. 101. INTERNET SITE. (a) In General.--The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall carry out a program whose mission is, through an Internet site maintained for purposes of the program-- (1) to consolidate and translate health care information that is available to the public from Federal agencies, linking the various health-related Internet sites of such agencies; and (2) to assist in the translation and reporting of disease or condition protocols for physicians and lay persons. (b) Information on Diseases and Other Conditions.--The Secretary shall ensure that the Internet site under subsection (a) has capacities that enable a user of the site to enter the name of a disease or other health condition and obtain Internet links appropriate to health care providers, and links appropriate to lay persons, that provide-- (1) an explanation of the health condition; and (2) information on all available treatment protocols, including-- (A) standard medical practice protocols; and (B) any clinical trials, and any outcomes-based treatment protocols, that-- (i) are being conducted or supported by the National Institutes of Health; (ii) are included in the registry and results data bank under section 402(j) of the Public Health Service Act (42 U.S.C. 282(j)); (iii) are being conducted pursuant to the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act; (iv) are being conducted pursuant to section 201 of this Act; or (v) are identified pursuant to section 201 or 202 of this Act or pursuant to section 485D(i) of the Public Health Service Act (as added by section 203 of this Act). (c) Federal Databases.--Internet links under subsection (b) shall include the following: (1) Links that provide information on how to enroll in a clinical trial referred to in subsection (b)(2)(B) and how to be treated under an outcomes-based treatment protocol referred to in such subsection. (2) Links to Federal electronic databases that are available to the public and provide disease-specific or condition-specific information, including such databases of the National Institutes of Health, the Centers for Disease Control and Prevention, and the Food and Drug Administration. (3) A link to the Internet site under section 204(a) (relating to research and treatments carried out pursuant to section 201, and the identity of the health care practitioners involved). (4) A link to the Internet sites under sections 201 and 202 of this Act and the Internet site under section 485D(i) of the Public Health Service Act (as added by section 203 of this Act). (d) Date Certain for Operation of Program.--The Internet site under subsection (a) shall be established and ready for use by health care practitioners and lay persons not later than two years after the date of the enactment of this Act. TITLE II--ADDITIONAL FORUMS FOR EXCHANGE OF HEALTH INFORMATION SEC. 201. FORUM REGARDING OFF-LABEL USES OF NEW DRUGS AND DEVICES. (a) In General.--The Secretary, acting through the Commissioner of Food and Drugs, shall (directly or through contract) establish a program under which the following occur: (1) Health care practitioners submit to the Secretary information obtained in the course of their professional practices regarding off-label uses of new drugs and devices. (2) The Secretary maintains the information received under paragraph (1); makes such information available to health care practitioners and the general public through one or more Internet sites; and receives, maintains, and makes available through such site appropriate comments and information provided in response to such information. (3) The Secretary carries out paragraph (2) in a manner reasonably calculated to provide a forum for obtaining and disseminating information, including clinical data, toward the following goals: (A) Identifying off-label uses of new drugs and devices that are reasonable candidates for approval under section 505 or 515 of the Federal Food, Drug, and Cosmetic Act or under section 351 of the Public Health Service Act. (B) Identifying off-label uses of new drugs and devices that constitute a threat to the public health. (C) Making available to the Secretary information for uses with respect to promoting innovations in evidence-based clinical practice and health care technologies under title IX of the Public Health Service Act. (b) Voluntary Participation.--Subsection (a) may not be construed as requiring that any health care practitioner or other person participate in the program under such subsection. (c) Certain Authorities.--The posting by the Secretary of information on an Internet site under subsection (a) is subject to the following: (1) The Secretary may not post information submitted by a health care practitioner unless the practitioner authorizes the Secretary to include in the posting the identity and the business address of the practitioner. (2) The Secretary may impose reasonable restrictions on the format and volume of information to be posted and on the frequency of postings. (d) Criteria.--Not later than one year after the date of the enactment of this Act, the Secretary shall by regulation issue criteria for carrying out this section. SEC. 202. JOHN EISENBERG FORUM REGARDING SURGICAL PROCEDURES. (a) In General.--The Secretary, acting through the Commissioner of Food and Drugs, shall (directly or through contract) establish a program under which the following occur: (1) Health care practitioners submit to the Secretary information obtained in the course of their professional practices regarding surgical procedures. (2) The Secretary maintains the information received under paragraph (1); makes such information available to health care practitioners and the general public through one or more Internet sites; and receives, maintains, and makes available through such site appropriate comments and information provided in response to such information. (3) The Secretary carries out paragraph (2) in a manner reasonably calculated to provide a forum for obtaining and disseminating information, including clinical data, toward the following goals: (A) Identifying innovative surgical procedures. (B) Identifying surgical procedures that constitute a threat to the public health. (C) Making available to the Secretary information for uses with respect to promoting innovations in evidence-based clinical practice and health care technologies under title IX of the Public Health Service Act. (b) Voluntary Participation.--Subsection (a) may not be construed as requiring that any health care practitioner or other person participate in the program under such subsection. (c) Certain Authorities.--The posting by the Secretary of information on an Internet site under subsection (a) is subject to the following: (1) The Secretary may not post information submitted by a health care practitioner unless the practitioner authorizes the Secretary to include in the posting the identity and the business address of the practitioner. (2) The Secretary may impose reasonable restrictions on the format and volume of information to be posted and on the frequency of postings. (d) Criteria.--Not later than one year after the date of the enactment of this Act, the Secretary shall by regulation issue criteria for carrying out this section. SEC. 203. JOHN EISENBERG FORUM REGARDING COMPLEMENTARY AND ALTERNATIVE MEDICINE; DIETARY SUPPLEMENTS AND FOOD. Section 485D of the Public Health Service Act is amended-- (1) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and (2) by adding after subsection (h) the following subsection: ``(i) John Eisenberg Forum for Exchange of Information.-- ``(1) In general.--The Director of the Center, in consultation with the Commissioner of Food and Drugs, shall (directly or through contract) establish a program under which the following occur: ``(A) Health care practitioners submit to the Director information obtained in the course of their professional practices regarding complementary and alternative treatment, diagnostic and prevention modalities, disciplines and systems. ``(B) The Director maintains the information received under subparagraph (A); makes such information available to health care practitioners and the general public through establishing one or more Internet sites; and receives, maintains, and makes available through such site appropriate comments and information provided in response to such information. ``(C) The Director carries out subparagraph (B) in a manner reasonably calculated to provide a forum for obtaining and disseminating information, including clinical data, toward the following goals: ``(i) Identifying alternative treatment, diagnostic and prevention systems, modalities, and disciplines that should be integrated with the practice of conventional medicine as a complement to such medicine and integrated into health care delivery systems in the United States. ``(ii) Identifying any alternative medical practices or procedures that constitute a threat to the public health. ``(iii) Making available to the Commissioner of Food and Drugs information for uses with respect to promoting innovations in evidence-based clinical practice and health care technologies under title IX of the Public Health Service Act. ``(2) Dietary supplements and food.--In consultation with the Commissioner of Food and Drugs, the Director of the Center shall carry out the following: ``(A) Activities under paragraph (1) shall include carrying out such paragraph with respect to information that relates to the effects of dietary supplements and food on diseases and disorders and is obtained by the practitioners in the course of their professional practices and submitted to the Director. ``(B) With respect to paragraph (1)(C) as applied for purposes of this paragraph, the goals shall be the following: ``(i) Identifying dietary supplements and food and uses of such supplements and food that are of clinical benefit in treating particular diseases or disorders. ``(ii) As appropriate, providing for the publication of authoritative statements, within the meaning of section 403(r)(3)(C)(i) of the Federal Food, Drug, and Cosmetic Act, about the relationship between a nutrient and a disease or health-related condition. ``(iii) Carrying out paragraph (1)(C)(iii) with respect to dietary supplements. ``(3) Voluntary participation.--Paragraph (1) may not be construed as requiring that any health care practitioner or other person participate in the program under such paragraph. ``(4) Certain authorities.--The posting by the Director of the Center of information on the Internet site under paragraph (1) is subject to the following: ``(A) The Director may not post information submitted by a health care practitioner unless the practitioner authorizes the Director to include in the posting the identity and the business address of the practitioner. ``(B) The Director may impose reasonable restrictions on the format and volume of information to be posted and on the frequency of postings. ``(5) Criteria.--Not later than one year after the date of the enactment of the Medical Information and Treatment Access Act, the Secretary shall by regulation issue criteria for carrying out this subsection. ``(6) Definitions.--For purposes of this subsection, the terms `dietary supplement' and `food' have the meaning given such terms in section 201 of the Federal Food, Drug, and Cosmetic Act.''. TITLE III--GENERAL PROVISIONS SEC. 301. DEFINITIONS. For purposes of this Act: (1) The terms ``device'', ``labeling'', and ``new drug'' have the meanings given such terms in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301). (2) The term ``off-label use'', with respect to a new drug or a device, means a use not included in the labeling approved for the drug or device pursuant to section 505, 510, or 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355, 360c, 360e) or section 351 of the Public Health Service Act (42 U.S.C. 262). (3) The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 302. EFFECTIVE DATES. (a) In General.--Subject to subsection (b)-- (1) sections 201 and 202 take effect on the date on which a final rule takes effect pursuant to sections 201(d) and 202(d), respectively; and (2) the amendment made by section 203 takes effect on the date on which the final rule required under section 485D(i)(5) of the Public Health Service Act (as added by such amendment) takes effect. (b) Issuance of Criteria.--Sections 201(d) and 202(d) of this Act and section 485D(i)(5) of the Public Health Service Act (as added by section 203 of this Act) take effect on the date of the enactment of this Act.

Medical Information and Treatment Access Act - Requires the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to utilize an Internet site to: (1) consolidate and translate health care information that is available to the public from federal agencies, linking the various health-related Internet sites of such agencies; and (2) assist in the translation and reporting of disease or condition protocols for physicians and lay persons. Requires the Secretary, acting through the Commissioner, to establish programs to gather information from health care practitioners and make such information publicly available regarding off-label uses of new drugs and surgical procedures. Amends the Public Health Service Act to require the Director of the National Center for Complementary and Alternative Medicine to establish a program to gather information on alternative medicine from health care practitioners and make such information publicly available. Requires the Director of the Center to include information that relates to the effects of dietary supplements and food on diseases and disorders.

To establish programs that use the Internet to provide to patients and health care practitioners coordinated information on diseases and other conditions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Enterprise Revitalization Amendments Act''. SEC. 2. SECTION 108 ELIGIBLE ACTIVITIES. (a) In General.--Section 108(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5308(a)) is amended-- (1) in the first sentence-- (A) by striking ``or'' after ``section 105(a);''; and (B) by inserting before the period the following: ``; (5) the acquisition, construction, reconstruction, or installation of public facilities (except for buildings for the general conduct of government); or (6) in the case of colonias, public works and site or other improvements''; and (2) by striking the second sentence and inserting the following: ``A guarantee under this section (including a guarantee combined with a grant under subsection (q)) may be used to assist a grantee in obtaining financing only if the grantee has made efforts to obtain the financing without the use of the guarantee (and, if applicable, the grant) and cannot complete the financing consistent with the timely execution of the proposed activities and projects without the guarantee (or, if applicable, the grant).''. (b) Definition.--Section 102(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)) is amended by adding at the end the following new paragraph: ``(24) The term `colonia' means any identifiable community that-- ``(A) is in the State of Arizona, California, New Mexico, or Texas; ``(B) is in the United States-Mexico border region; ``(C) is determined to be a colonia on the basis of objective criteria, including lack of potable water supply, lack of adequate sewage systems, and lack of decent, safe, and sanitary housing; and ``(D) was in existence as a colonia before the date of the enactment of the Cranston-Gonzalez National Affordable Housing Act.''. SEC. 3. ECONOMIC DEVELOPMENT GRANTS. (a) In General.--Section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308) is amended by adding at the end the following new subsection: ``(q) Economic Development Grants.-- ``(1) Authorization.--The Secretary may make grants in connection with notes or other obligations guaranteed under this section to eligible public entities for the purpose of enhancing the security of loans guaranteed under this section or improving the viability of projects financed with loans guaranteed under this section. ``(2) Eligible activities.--Assistance under this subsection may be used for the purposes of and in conjunction with projects and activities assisted under subsection (a). ``(3) Applications.--Applications for assistance under this subsection shall be submitted by eligible public entities in the form and in accordance with the procedures established by the Secretary. Eligible public entities may apply for grants only in conjunction with a request for guarantee under subsection (a). ``(4) Selection criteria.--The Secretary shall establish criteria for awarding assistance under this subsection. Such criteria shall include-- ``(A) the extent of need for such assistance; ``(B) the level of distress in the community to be served and in the jurisdiction applying for assistance; ``(C) the quality of the plan proposed and the capacity or potential capacity of the applicant to successfully carry out the plan; and ``(D) such other factors as the Secretary determines to be appropriate.''. (b) Conforming Amendment.--Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended-- (1) in section 101(c) in the second sentence, by inserting ``or a grant'' after ``guarantee''; and (2) in section 104(b)(3), by inserting ``or a grant'' after ``guarantee''. SEC. 4. USE OF UDAG RECAPTURES. Section 119(o) of the Housing and Community Development Act of 1974 (42 U.S.C. 5318(o)) is amended by inserting before the period the following: ``, except that amounts available to the Secretary for use under this subsection as of October 1, 1993, and amounts released to the Secretary pursuant to subsection (t) may, to the extent or in such amounts as are or have been provided in appropriation Acts, be used to provide grants under section 108(q).''. SEC. 5. UDAG AMNESTY PROGRAM. (a) Amendment.--Section 119 of the Housing and Community Development Act of 1974 (42 U.S.C. 5318) is amended by adding at the end the following new subsection: ``(t) UDAG Amnesty Program.--If a grant or a portion of a grant under this section remains unexpended as of the issuance of a notice implementing this subsection, the grantee may enter into an agreement, as provided under this subsection, with the Secretary to receive a percentage of the grant amount and relinquish all claims to the balance of the grant within 90 days of the issuance of notice implementing this subsection (or such later date as the Secretary may approve). The Secretary shall not recapture any funds obligated pursuant to this section during a period beginning on the date of enactment of the Housing and Community Development Act of 1993 until 90 days after the issuance of a notice implementing this subsection. A grantee may receive as a grant under this subsection-- ``(1) 33 percent of such unexpended amounts if-- ``(A) the grantee agrees to expend not less than one-half of the amount received for activities authorized pursuant to section 108(q) and to expend such funds in conjunction with a loan guarantee made under section 108 at least equal to twice the amount of the funds received; and ``(B)(i) the remainder of the amount received is used for economic development activities eligible under title I of this Act; and ``(ii) except when waived by the Secretary in the case of a severely distressed jurisdiction, not more than one-half of the costs of activities under subparagraph (B) are derived from such unexpended amounts; or ``(2) 25 percent of such unexpended amounts if-- ``(A) the grantee agrees to expend such funds for economic development activities eligible under title I of this Act; and ``(B) except when waived by the Secretary in the case of a severely distressed jurisdiction, not more than one-half of the costs of such activities are derived from such unexpended amount.''. (b) Implementation.--Notwithstanding section 7, not later than 10 days after the date of enactment of this Act, the Secretary shall, by notice published in the Federal Register, which shall take effect upon publication, establish such requirements as may be necessary to implement the amendments made by this section. SEC. 6. GUARANTEE OF OBLIGATIONS BACKED BY SECTION 108 LOANS. Section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308), as amended by section 3, is amended by adding at the end the following new subsection: ``(r) Guarantee of Obligations Backed by Section 108 Loans.-- ``(1) Authorization.--The Secretary may, upon such terms and conditions as the Secretary deems appropriate, guarantee the timely payment of the principal of and interest on trust certificates or other obligations that-- ``(A) are offered by the Secretary, or by any other offeror approved for purposes of this subsection by the Secretary; and ``(B) are based on and backed by a trust or pool composed of notes or other obligations guaranteed by the Secretary under this section. ``(2) Full faith and credit of the united states.-- Subsection (f) shall apply to any guarantee under this subsection. ``(3) Subrogation.--If the Secretary pays a claim under a guarantee issued under this section, the Secretary shall be subrogated fully to the rights satisfied by such payment. ``(4) Powers of the secretary.--No Federal, State, or local law shall preclude or limit the exercise by the Secretary of-- ``(A) the power to contract with respect to public offerings and other sales of notes, trust certificates, and other obligations guaranteed under this section upon such terms and conditions as the Secretary deems appropriate; ``(B) the right to enforce by any means deemed appropriate by the Secretary any such contract; and ``(C) the Secretary's ownership rights, as applicable, in notes, certificates, or other obligations guaranteed under this section, or constituting the trust or pool against which trust certificates or other obligations guaranteed under this section are offered.''. SEC. 7. EFFECTIVE DATE. The Secretary shall, by notice published in the Federal Register, which shall take effect upon publication, establish such requirements as may be necessary to implement the amendments made by this Act. The notice shall invite public comments and, not later than 12 months after the date on which the notice is published, the Secretary shall issue final regulations based on the initial notice, taking into account any public comments received.

Community Enterprise Revitalization Amendments Act - Amends the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Urban Development to make economic development grants to enhance the security of housing loan guarantees under section 108 of such Act. Authorizes such grants' funding with recaptured urban development action grant (UDAG) amounts. Authorizes a UDAG amnesty program. Authorizes the Secretary to guarantee section 108-backed obligations.

Community Enterprise Revitalization Amendments Act

SECTION 1. CONSTRUCTIVE SALES TREATMENT FOR APPRECIATED FINANCIAL POSITIONS. (a) In General.--Part IV of subchapter P of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 1259. CONSTRUCTIVE SALES TREATMENT FOR APPRECIATED FINANCIAL POSITIONS. ``(a) In General.--If there is a constructive sale of an appreciated financial position-- ``(1) the taxpayer shall recognize gain as if such position were sold for its fair market value on the date of such constructive sale (and any gain shall be taken into account for the taxable year which includes such date), and ``(2) for purposes of applying this title for periods after the constructive sale-- ``(A) proper adjustment shall be made in the amount of any gain or loss subsequently realized with respect to such position for any gain taken into account by reason of paragraph (1), and ``(B) the holding period of such position shall be determined as if such position were originally acquired on the date of such constructive sale. ``(b) Appreciated Financial Position.--For purposes of this section-- ``(1) In general.--The term `appreciated financial position' means any position with respect to any stock, debt instrument, or partnership interest if there would be gain were such position sold. ``(2) Position.--The term `position' means an interest, including a futures or forward contract, short sale, or option. ``(3) Treatment of limited-term interests.--Except as provided in regulations, the term position shall not include any interest that has a term of 3 years of less. ``(4) Positions as to which gain or loss is otherwise recognized during the taxable year.--The term position does not include any position that-- ``(A) is sold or disposed of during the taxable year in a transaction in which gain or loss is recognized, or ``(B) is marked to market under section 475, section 1256, or any other provision. ``(c) Constructive Sale.--For purposes of this section-- ``(1) In general.--A taxpayer shall be treated as having made a constructive sale of an appreciated financial position of the taxpayer (or a related person) enters into any of the following transactions and the transaction has not been closed or terminated within 1 year of the date it was entered into-- ``(A) making a short sale of substantially identical property, ``(B) entering into an offsetting notional principal contract with respect to substantially identical property, ``(C) entering into a futures or forward contract to deliver substantially identical property, ``(D) in the case of an appreciated financial position that is a short sale or a contract described in subparagraph (B) or (C) with respect to any property, acquiring substantially identical property, or ``(E) to the extent provided in regulations having prospective effect, entering into 1 or more other transactions (or acquiring 1 or more positions) that have substantially the same effect as a transaction described in any of the preceding subparagraphs. A constructive sale shall be deemed to occur on the date that is 1 year after the date on which the transaction described in subparagraphs (A) through (E) is entered into. ``(2) Related person.--A person is related to another person with respect to a transaction if-- ``(A) the relationship is described in section 267 or 707(b), and ``(B) such transaction is entered into with a view toward avoiding the purposes of this section. ``(3) Special rule for debt instruments.--For purposes of paragraph (1)(A), positions in interest rates shall be treated as positions in property which are substantially identical to debt instruments. ``(d) Other Definitions.--For purposes of this section-- ``(1) Forward contract.--The term `forward contract' includes a fully or partially prepaid forward contract. ``(2) Offsetting notional principal contract.--The term `offsetting notional principal contract' means, with respect to any property, an agreement to pay the investment yield (including appreciation) on such property for a specified period in exchange for the right to be reimbursed for any decline in the value of such property and for other consideration. ``(e) Special Rules.-- ``(1) Treatment of subsequent sale of position.--If-- ``(A) a taxpayer (or a related person) enters into a transaction described in subsection (c)(1) with respect to any appreciated financial position, ``(B) such position is subsequently sold or otherwise disposed of, and ``(C) at the time of such sale or disposition, the transaction described in subsection (c)(1) remains open with respect to the taxpayer or any related person, solely for purposes of determining whether the taxpayer has entered into a constructive sale of any other appreciated financial position held by the taxpayer, the taxpayer shall be treated as entering into such transaction immediately after such sale or other disposition. ``(2) Certain trust instruments treated as stock.--For purposes of this section, an interest in a trust which is actively traded (within the meaning of section 1092(d)(1)) shall be treated as stock. ``(3) Multiple positions in property.--If there is a constructive sale of a portion of any property held by the taxpayer, the determination of the specific property which is deemed sold shall be made in the same manner as if the constructive sale were an actual sale; except that property treated as sold by reason of a prior constructive sale that remains open shall be disregarded. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.'' (b) Clerical Amendment.--The table of sections for part IV of subchapter P of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1259. Constructive sales treatment for appreciated financial positions.'' (c) Effective Date.--The amendments made by this section shall apply to constructive sales after the date of the enactment of this Act.

Amends the Internal Revenue Code to provide that if there is a constructive sale of an appreciated financial position: (1) a taxpayer shall recognize gain as if such position were sold for its fair market value on the date of the constructive sale; and (2) for purposes of the treatment of gains and losses for periods after the constructive sale, proper adjustment shall be made in the amount of any gain or loss subsequently realized with respect to such position for any gain taken into account by reason of the above and the holding period of such position shall be determined as if such position were originally acquired on the date of such constructive sale.

To amend the Internal Revenue Code of 1986 to require gain recognition in the case of certain transactions that are equivalent to sales of financial instruments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Ireland Fair Employment Practices Act of 1995''. SEC. 2. FINDINGS. The Congress finds the following: (1) Currently, overall unemployment in Northern Ireland is approximately 13 percent, as compared to 9 percent in the rest of the United Kingdom. (2) Unemployment in the minority community in Northern Ireland is 22.8 percent, and in some portions of the minority community unemployment has historically exceeded 70 percent. (3) The British Government Fair Employment Commission (F.E.C.), formerly the Fair Employment Agency (F.E.A.), has consistently reported that a member of the minority community is two times more likely to be unemployed than a member of the majority community. (4) The Investor Responsibility Research Center (IRRC), Washington, District of Columbia, lists 80 publicly held United States companies doing business in Northern Ireland, which employ approximately 11,000 individuals. (5) The religious minority population of Northern Ireland is subject to discriminatory hiring practices by some United States businesses which have resulted in a disproportionate number of minority individuals holding menial and low-paying jobs. (6) The MacBride Principles are a nine point set of guidelines for fair employment in Northern Ireland which establishes a corporate code of conduct to promote equal access to regional employment but does not require disinvestment, quotas, or reverse discrimination. SEC. 3. RESTRICTION ON IMPORTS. An article from Northern Ireland may not be entered, or withdrawn from warehouse for consumption, in the customs territory of the United States unless there is presented at the time of entry to the customs officer concerned documentation indicating that the enterprise which manufactured or assembled such article was in compliance at the time of manufacture with the principles described in section 5. SEC. 4. COMPLIANCE WITH FAIR EMPLOYMENT PRINCIPLES. (a) Compliance.--Any United States person who-- (1) has a branch or office in Northern Ireland, or (2) controls a corporation, partnership, or other enterprise in Northern Ireland, in which more than twenty people are employed shall take the necessary steps to ensure that, in operating such branch, office, corporation, partnership, or enterprise, those principles relating to employment practices set forth in section 5 are implemented and this Act is complied with. (b) Report.--Each United States person referred to in subsection (a) shall submit to the Secretary-- (1) a detailed and fully documented annual report, signed under oath, on showing compliance with the provisions of this Act; and (2) such other information as the Secretary determines is necessary. SEC. 5. MACBRIDE PRINCIPLES. The principles referred to in section 4 are the MacBride Principles, which are as follows: (1) Increasing the representation of individuals from underrepresented religious groups in the work force including managerial, supervisory, administrative, clerical, and technical jobs.--A workforce that is severely unbalanced may indicate prima facie that full equality of opportunity is not being afforded all segments of the community in Northern Ireland. Each signatory to the MacBride Principles must make every reasonable lawful effort to increase the representation of underrepresented religious groups at all levels of its operations in Northern Ireland. (2) Adequate security for the protection of minority employees both at the workplace and while travelling to and from work.--While total security can be guaranteed nowhere today in Northern Ireland, each signatory to the MacBride Principles must make reasonable good faith efforts to protect workers against intimidation and physical abuse at the workplace. Signatories must also make reasonable good faith efforts to ensure that applicants are not deterred from seeking employment because of fear for their personal safety at the workplace or while travelling to and from work. (3) The banning of provocative religious or political emblems from the workplace.--Each signatory to the MacBride Principles must make reasonable good faith efforts to prevent the display of provocative sectarian emblems at their plants in Northern Ireland. (4) All job openings should be advertised publicly and special recruitment efforts made to attract applicants from underrepresented religious groups.--Signatories to the MacBride Principles must exert special efforts to attract employment applications from the sectarian community that is substantially underrepresented in the workforce. This should not be construed to imply a diminution of opportunity for other applicants. (5) Layoff, recall, and termination procedures should not in practice favor a particular religious group.--Each signatory to the MacBride Principles must make reasonable good faith efforts to ensure that layoff, recall, and termination procedures do not penalize a particular religious group disproportionately. Layoff and termination practices that involve seniority solely can result in discrimination against a particular religious group if the bulk of employees with greatest seniority are disproportionately from another religious group. (6) The abolition of job reservations, apprenticeship restrictions, and differential employment criteria which discriminate on the basis of religion.--Signatories to the MacBride Principles must make reasonable good faith efforts to abolish all differential employment criteria whose effect is discrimination on the basis of religion. For example, job reservations, and apprenticeship regulations that favor relatives of current or former employees can, in practice, promote religious discrimination if the company's workforce has historically been disproportionately drawn from another religious group. (7) The development of training programs that will prepare substantial numbers of current minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade, and improve the skills of minority employees.--This does not imply that such programs should not be open to all members of the workforce equally. (8) The establishment of procedures to assess, identify, and actively recruit minority employees with potential for further advancement.--This section does not imply that such procedures should not apply to all employees equally. (9) The appointment of a senior management staff member to oversee the company's affirmative action efforts and the setting up of timetables to carry out affirmative action principles.--In addition to the above, each signatory to the MacBride Principles is required to report annually to an independent monitoring agency on its progress in the implementation of these Principles. SEC. 6. WAIVER OF PROVISIONS. (a) Waiver of Provisions.--In any case in which the President determines that compliance by a United States person with the provisions of this Act would harm the national security of the United States, the President may waive those provisions with respect to that United States person. The President shall publish in the Federal Register each waiver granted under this section and shall submit to the Congress a justification for granting each such waiver. Any such waiver shall become effective at the end of ninety days after the date on which the justification is submitted to the Congress unless the Congress, within that ninety-day period, adopts a joint resolution disapproving the waiver. In the computation of such ninety-day period, there shall be excluded the days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain or because of an adjournment of the Congress sine die. (b) Consideration of Resolutions.-- (1) Any resolution described in subsection (a) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. (2) For the purpose of expediting the consideration and adoption of a resolution under subsection (a) in the House of Representatives, a motion to proceed to the consideration of such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. SEC. 7. DEFINITIONS AND PRESUMPTIONS. (a) Definitions.--For the purpose of this Act-- (1) the term ``United States person'' means any United States resident or national and any domestic concern (including any permanent domestic establishment of any foreign concern); (2) the term ``Secretary'' means the Secretary of Commerce; and (3) the term ``Northern Ireland'' includes the counties of Antrim, Armagh, Londonderry, Down, Tyrone, and Fermanagh. (b) Presumption.--A United States person shall be presumed to control a corporation, partnership, or other enterprise in Northern Ireland if-- (1) the United States person beneficially owns or controls (whether directly or indirectly) more than 50 percent of the outstanding voting securities of the corporation, partnership, or enterprise; (2) the United States person beneficially owns or controls (whether directly or indirectly) 25 percent or more of the voting securities of the corporation, partnership, or enterprise, if no other person owns or controls (whether directly or indirectly) an equal or larger percentage; (3) the corporation, partnership, or enterprise is operated by the United States person pursuant to the provisions of an exclusive management contract; (4) a majority of the members of the board of directors of the corporation, partnership, or enterprise are also members of the comparable governing body of the United States person; (5) the United States person has authority to appoint the majority of the members of the board of directors of the corporation, partnership, or enterprise; or (6) the United States person has authority to appoint the chief operating officer of the corporation, partnership, or enterprise. SEC. 8. EFFECTIVE DATE. This Act shall take effect 180 days after the date of enactment of this Act.

Northern Ireland Fair Employment Practices Act of 1995 - Prohibits an article from being imported into the United States from Northern Ireland unless documentation is presented at the time of entry indicating that the enterprise which manufactured or assembled such article complied at the time of manufacture with certain fair employment principles (such as freedom from religious discrimination). Bases such principles on the MacBride Principles, a nine-point set of guidelines for fair employment in Northern Ireland. Requires any U.S. person who has a branch or office in Northern Ireland or who controls an enterprise in Northern Ireland in which more than 20 people are employed to insure implementation of such employment principles and compliance with this Act. Authorizes the President to waive the requirements of this Act in the interest of national security.

Northern Ireland Fair Employment Practices Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flexible Pell Grant for 21st Century Students Act''. SEC. 2. FLEXIBLE PELL GRANTS. (a) Purpose and Amount of Grants.--Section 401(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a(b)) is amended by adding at the end the following: ``(8)(A) Notwithstanding any other provision of this subsection, an eligible student who has received a Federal Pell Grant during an award year, and is enrolled in an eligible program for one or more additional payment periods during the same award year, may receive an additional Federal Pell Grant for such additional period or periods. ``(B) In the case of a student receiving more than one Federal Pell Grant during a single award year under subparagraph (A), the total amount of the Federal Pell Grants awarded to such student for the award year shall not exceed an amount equal to 150 percent of the amount of the Federal Pell Grant award determined under paragraph (2)(A) for which such student is eligible during such award year. ``(C) At or before the time of disbursement of a Federal Pell Grant under subparagraph (A) to a student, the institution in which the student is enrolled shall notify the student that any payment period for which the student receives a Federal Pell Grant shall count towards the student's duration limits under subsection (c)(5). ``(D) In this paragraph, the term `eligible student' means a student who-- ``(i) continues to meet all eligibility requirements to receive a Federal Pell Grant under this section; and ``(ii) is accelerating progress toward a degree or certificate. ``(E)(i) In this paragraph, except as provided in clause (ii), a student shall be considered accelerating progress toward a degree or certificate during an award year if, during such award year-- ``(I) the student completes the credit hours (or credit hour equivalencies) of an academic year of the student's eligible program that are necessary for the student to enroll, during such award year, in credit hours (or credit hour equivalencies) that are attributable to a second academic year for such program; and ``(II) during the payment period or periods for which the student desires to receive a Federal Pell Grant under subparagraph (A), the student enrolls in credit hours (or credit hour equivalencies) that are attributable to a second academic year for the student's eligible program. ``(ii) The financial aid administrator at an institution may waive the requirement of subparagraph (D)(ii), if the financial aid administrator-- ``(I) determines that, due to circumstances beyond a student's control, the student was unable to complete the credit hours described in clause (i)(I) of this subparagraph; and ``(II) makes and documents such a determination on an individual basis. ``(iii) In this subparagraph-- ``(I) circumstances beyond a student's control-- ``(aa) may include the student withdrawing from classes due to illness or being unable to register for classes necessary to complete the credit hours described in clause (i)(I) because such classes were not offered during the applicable period; and ``(bb) shall not include withdrawing to avoid a particular grade or failing to register for a necessary class that was offered during such period to avoid a particular instructor; and ``(II) the term `academic year', when used with respect to an eligible program at an institution, has the meaning given such term by the institution. ``(9) If a student is receiving a Federal Pell Grant for a payment period that spans 2 award years, the eligible institution in which the student is enrolled shall determine the award year to which the additional period shall be assigned. ``(10) A student may decline to receive any portion of a Federal Pell Grant for any payment period, except that the institution may establish a reasonable deadline by which the student may decline the Federal Pell Grant.''. (b) Period of Eligibility for Grants.--Section 401(c) of such Act (20 U.S.C. 1070a(c)) is amended by adding at the end the following new paragraph: ``(6)(A) The Secretary shall issue to each student receiving a Federal Pell Grant, an annual status report which shall-- ``(i) inform the student of the remaining period during which the student may receive Federal Pell Grants in accordance with paragraph (5), and provide access to a calculator to assist the student in making such determination; ``(ii) include an estimate of the Federal Pell Grant amounts which may be awarded for such remaining period based on the student's award amount determined under paragraph (2)(A) for the most recent award year; ``(iii) explain how the estimate was calculated and any assumptions underlying the estimate; ``(iv) explain that the estimate may be affected if there is a change-- ``(I) in the student's financial circumstances; or ``(II) the availability of Federal funding; and ``(v) describe how the remaining period during which the student may receive Federal Pell Grants may be affected by whether the student is enrolled as a full-time student. ``(B) Nothing in this paragraph shall be construed to prohibit an institution from offering additional counseling to a student with respect to Federal Pell Grants, but such counseling shall not delay or impede disbursement of a Federal Pell Grant award to the student.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply with respect to award years beginning on or after July 1, 2017.

Flexible Pell Grant for 21st Century Students Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to allow an eligible student to receive more than one Federal Pell Grant award in a single award year. An eligible student is a student who: (1) has already received a Pell Grant during an award year and is enrolled in an eligible program for one or more additional payment periods (e.g., a summer term) during the same award year, (2) continues to meet Pell Grant program eligibility requirements, and (3) is accelerating progress toward a degree or certificate. An eligible student's total Pell Grant amount must not exceed 150% of the annual maximum Pell Grant for that award year. An institution must notify a student that any period of additional Pell Grant receipt counts toward that student's lifetime Pell Grant eligibility period (currently 12 full-time semesters). If an additional Pell Grant spans two award years, then an institution must determine the award year to which such Pell Grant applies. The Department of Education must provide to each Pell Grant recipient an annual status report that includes certain information related to such student's remaining lifetime Pell Grant eligibility period.

Flexible Pell Grant for 21st Century Students Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``AIDS Orphans Relief Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) By the end of 2000, 10,400,000 children in Sub-Saharan Africa will have lost their mother, or both parents, to Acquired Immune Deficiency Syndrome (AIDS). (2) In the next decade, 40,000,000 children will become orphans as a result of the AIDS pandemic, most of them located in Sub-Saharan Africa. (3) Over the next 20 years, AIDS threatens to reduce substantially economic progress in the nations of Sub-Saharan Africa. (4) Success or failure in fighting the AIDS pandemic will effect the spread of the disease to India, Asia, and the states of the former Soviet Union. (5) By 2005, more than 100,000,000 people worldwide will have been infected with Human Immunodeficiency Virus (HIV), the precursor to AIDS. (6) Effective assistance for children orphaned by AIDS, and for those caring for such children, must strengthen the surviving families. (7) The development and expansion of sustainable microfinance institutions that provide access to credit, savings, and other financial services to the very poor, especially women, are critical components in a global strategy to address the devastating economic and social effects of AIDS. (8) Microfinance programs are particularly effective in helping those left to care for AIDS orphans by providing the caregivers the means of pursuing a livelihood. (9) Microfinance programs have been shown to be particularly effective in permitting individuals with AIDS to have access to services and credit not otherwise available to such individuals, including health insurance, life insurance, counseling, and group support. (10) Food aid can be a critical component in mitigating the impact of AIDS on communities by addressing the nutritional needs of individuals with AIDS and assisting households left destitute by AIDS, and as a part of a larger, comprehensive effort to strengthen and restore sustainable livelihood strategies for households and communities affected by AIDS. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to make microfinance programs an important component of United States policy in fighting the effects of the Acquired Immune Deficiency Syndrome (AIDS) pandemic worldwide; and (2) to encourage targeted use of food and food-related assistance for humanitarian purposes and for sustainable development in communities affected by AIDS. SEC. 4. MICROCREDIT PROGRAMS. Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following new section: ``SEC. 131. ASSISTANCE FOR MICROCREDIT PROGRAMS FOR COMMUNITIES AFFECTED BY AIDS. ``(a) In General.--In addition to any other funds authorized to be appropriated by this chapter for micro-enterprise activities or activities relating to Human Immunodeficiency Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS), there is authorized to be appropriated each fiscal year, $50,000,000 for purposes of assisting microcredit programs that serve the very poor, especially women, in communities heavily affected by AIDS. ``(b) Program Elements.--(1) The maximum amount of credit provided an individual under a microcredit program under subsection (a) may not exceed $600 and (b) the average loan size for a program receiving resources under this section may not exceed $300. ``(2) To the maximum extent practicable, amounts shall be provided under subsection (a) for programs that-- ``(A) provide HIV prevention or AIDS care and support, whether directly or through linkages with other programs; ``(B) employ best practices for assisting the very poor; and ``(C) operate in a sustainable manner.''. SEC. 5. FOOD ASSISTANCE PROGRAMS. Title IV of the Agricultural Trade and Development Assistance Act of 1954 (7 U.S.C. 1731 et seq.) is amended by adding at the end the following new section: ``SEC. 416. ASSISTANCE FOR COMMUNITIES AFFECTED BY AIDS. ``(a) In General.--The President may provide food assistance under this Act to developing countries in order to assist such countries in mitigating the effects of Acquired Immune Deficiency Syndrome (AIDS) on communities in such countries, including-- ``(1) assistance to address the nutritional needs of individuals in such communities who have AIDS; ``(2) assistance for households affected by AIDS; and ``(3) assistance as part of other aid or assistance designed to create or restore sustainable livelihood strategies in communities affected by AIDS. ``(b) Authorization of Appropriations.-- ``(1) Authorization.--There is authorized to appropriated each fiscal year, $50,000,000 for purposes of providing assistance under this section. ``(2) Relationship to other authorizations.--Amounts authorized to be appropriated for a fiscal year by paragraph (1) are in addition to any other amounts authorized to be appropriated by this Act for such fiscal year.''.

Amends the Agricultural Trade and Development Assistance Act of 1954 to authorize the President to provide food assistance to developing countries in order to assist them in mitigating the effects of AIDS. Authorizes appropriations.

AIDS Orphans Relief Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Advanced Cybersecurity Enhancements Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) Small businesses represent more than 97 percent of total businesses in the United States and make up an essential part of the supply chain to some of the largest companies, many of which are in critical infrastructure sectors, from financial and transportation organizations to power, water, and healthcare suppliers. (2) Many small businesses do not have dedicated information technology (``IT'') departments and must outsource IT functions or assign these duties to an employee as a secondary function. (3) The Internet Crime Complaint Center within the United States Department of Justice recorded 298,728 cybersecurity- related complaints in its 2016 report. (4) There has been steady increases of cybersecurity- related complaints year over year since the year 2000, totaling 3,762,348. (5) Seventy-one percent of cyber attacks occurred in businesses with fewer than 100 employees. (6) Only 14 percent of small- and medium-sized businesses believe they have the ability to effectively mitigate cyber risks and vulnerabilities. (7) Small businesses risk theft and manipulation of sensitive data if they lack adequate cybersecurity measures. (8) The Better Business Bureau found that half of small businesses could remain profitable for only one month if they lost essential data. (9) Cyber crime is growing rapidly and the annual costs to the global economy are estimated to reach over $2,000,000,000,000 by 2019. (10) Cybersecurity is a global challenge where the security threat, attacks, and techniques continually evolve and no company, individual, or Federal agency is immune from these threats. (11) Strong collaboration between the public and private sector is essential in the fight against cyber crime. (12) There is a reluctance among small businesses to voluntarily share information with government entities, and the Federal Government should work proactively to incentivize and encourage voluntary information sharing to improve the Nation's cybersecurity posture. SEC. 3. ENHANCED CYBERSECURITY ASSISTANCE AND PROTECTIONS FOR SMALL BUSINESSES. Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is amended by adding at the end the following new paragraph: ``(9) Small business cybersecurity assistance and protections.-- ``(A) Establishment of small business cybersecurity assistance units.--The Administrator of the Small Business Administration, in coordination with the Secretary of Commerce, and in consultation with the Secretary of Homeland Security and the Attorney General, shall establish-- ``(i) in the Administration, a central small business cybersecurity assistance unit; and ``(ii) within each small business development center, a regional small business cybersecurity assistance unit. ``(B) Duties of the central small business cybersecurity assistance unit.-- ``(i) In general.--The central small business cybersecurity assistance unit established under subparagraph (A)(i) shall serve as the primary interface for small business concerns to receive and share cyber threat indicators and defensive measures with the Federal Government. ``(ii) Use of capability and processes.-- The central small business cybersecurity assistance unit shall use the capability and process certified pursuant to section 105(c)(2)(A) of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1504(c)(2)(A)) to receive cyber threat indicators or defensive measures from small business concerns. ``(iii) Application of cisa.--A small business concern that receives or shares cyber threat indicators and defensive measures with the Federal Government through the central small business cybersecurity assistance unit established under subparagraph (A)(i), or with any appropriate entity pursuant to section 103(c) of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1503(c)), shall receive the protections and exemptions provided in such Act and this paragraph. ``(C) Relation to nccic.-- ``(i) Central small business cybersecurity assistance unit.--The central small business cybersecurity assistance unit established under subparagraph (A)(i) shall be collocated with the national cybersecurity and communications integration center. ``(ii) Access to information.--The national cybersecurity and communications integration center shall have access to all cyber threat indicators or defensive measures shared with the central small cybersecurity assistance unit established under subparagraph (A)(i) through the use of the capability and process described in subparagraph (B)(ii). ``(D) Cybersecurity assistance for small businesses.--The central small business cybersecurity assistance unit established under subparagraph (A)(i) shall-- ``(i) work with each regional small business cybersecurity assistance unit established under subparagraph (A)(ii) to provide cybersecurity assistance to small business concerns; ``(ii) leverage resources from the Administration, the Department of Commerce, the Department of Homeland Security, the Department of Justice, the Department of the Treasury, the Department of State, and any other Federal department or agency the Administrator determines appropriate, in order to help improve the cybersecurity posture of small business concerns; ``(iii) coordinate with the Department of Homeland Security to identify and disseminate information to small business concerns in a form that is accessible and actionable by small business concerns; ``(iv) coordinate with the National Institute of Standards and Technology to identify and disseminate information to small business concerns on the most cost-effective methods for implementing elements of the cybersecurity framework of the National Institute of Standards and Technology applicable to improving the cybersecurity posture of small business concerns; ``(v) seek input from the Office of Advocacy of the Administration to ensure that any policies or procedures adopted by any department, agency, or instrumentality of the Federal Government do not unduly add regulatory burdens to small business concerns in a manner that will hamper the improvement of the cybersecurity posture of such small business concerns; and ``(vi) leverage resources and relationships with representatives and entities involved in the national cybersecurity and communications integration center to publicize the capacity of the Federal Government to assist small business concerns in improving cybersecurity practices. ``(E) Enhanced cybersecurity protections for small businesses.-- ``(i) In general.--Notwithstanding any other provision of law, no cause of action shall lie or be maintained in any court against any small business concern, and such action shall be promptly dismissed, if such action related to or arises out of-- ``(I) any activity authorized under this paragraph or the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501 et seq.); or ``(II) any action or inaction in response to any cyber threat indicator, defensive measure, or other information shared or received pursuant to this paragraph or the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501 et seq.). ``(ii) Application.--The exception provided in section 105(d)(5)(D)(ii)(I) of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1504(d)(5)(D)(ii)(I)) shall not apply to any cyber threat indicator or defensive measure shared or received by small business concerns pursuant to this paragraph or the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501 et seq.). ``(iii) Rule of construction.--Nothing in this subparagraph shall be construed to affect the applicability or merits of any defense, motion, or argument in any cause of action in a court brought against an entity that is not a small business concern. ``(F) Definitions.--In this paragraph: ``(i) CISA definitions.--The terms `cyber threat indicator' and `defensive measure' have the meanings given such terms in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501). ``(ii) National cybersecurity and communications integration center.--The term `national cybersecurity and communications integration center' means the national cybersecurity and communications integration center established under section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148).''. SEC. 4. PROHIBITION ON NEW APPROPRIATIONS. (a) In General.--No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act. (b) Existing Funding.--This Act and the amendments made by this Act shall be carried out using amounts made available under section 21(a)(4)(C)(viii) of the Small Business Act (15 U.S.C. 648(a)(4)(viii)). (c) Technical and Conforming Amendment.--Section 21(a)(4)(C)(viii) of the Small Business Act (15 U.S.C.648(a)(4)(C)(viii)) is amended to read as follows: ``(viii) Limitation.-- ``(I) Cybersecurity assistance.-- From the funds appropriated pursuant to clause (vii), the Administration shall reserve not less than $1,000,000 in each fiscal year to develop cybersecurity assistance units at small business development centers under paragraph (9). ``(II) Portable assistance.-- ``(aa) In general.--Any funds appropriated pursuant to clause (vii) that are remaining after reserving amounts under subclause (I) may be used for portable assistance for startup and sustainability non-matching grant programs to be conducted by eligible small business development centers in communities that are economically challenged as a result of a business or government facility down sizing or closing, which has resulted in the loss of jobs or small business instability. ``(bb) Grant amount and use.--A non-matching grant under this subclause shall not exceed $100,000, and shall be used for small business development center personnel expenses and related small business programs and services.''.

Small Business Advanced Cybersecurity Enhancements Act of 2017 This bill amends the Small Business Act to direct the Small Business Administration in coordination with the Department of Commerce to create a central small business cybersecurity assistance unit and small business cybersecurity assistance units in each small business development center. The units shall serve as the primary interface for small business concerns to receive and share cyber threat indicators and defensive measures with the federal government.

Small Business Advanced Cybersecurity Enhancements Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Emergency Medical Care and Response Act of 2007''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Emergency medical services play a critically important role in health care, public health, and public safety by frequently providing immediate lifesustaining care and making decisions with limited time and information. (2) Between 1993 and 2003, the population of the United States grew by 12 percent and hospital admissions increased by 13 percent, yet emergency department visits rose by more than 25 percent during this same period of time, from 90,300,000 visits in 1993 to 113,900,000 visits in 2003. (3) The demand for emergency care in the United States continues to grow at a rapid pace. (4) In 2003, hospital emergency departments received nearly 114,000,000 visits, which is more than 1 visit for every 3 people in the United States, however, between 1993 and 2003, the number of emergency departments declined by 425. (5) Many emergency medical services are highly fragmented, overburdened, poorly equipped, and insufficiently prepared for day-to-day operations and response to major disasters. (6) There are more than 6,000 Public Safety Answering Points that receive 9-1-1 calls. (7) These Public Safety Answering Points are often operated by police departments, fire departments, city or county governments, or other local entities, which makes attempts to coordinate efforts between locations very difficult. (8) Regionalized, accountable systems of emergency care show substantial promise in improving the day-to-day system- wide coordination essential to assure that Public Safety Answering Points, emergency medical services organizations, public safety agencies, public health agencies, medical facilities, and others coordinate their activities to ensure that patients receive the appropriate care at the scene, are transported to the most appropriate facility in the shortest time, and receive excellent care at the destination medical facility. (9) Regionalized, accountable systems of emergency care also show promise in management of the special problems of disaster preparation and response, including management of patient surge, tracking of patients, and coordination and allocation of medical resources. (10) While there are potentially substantial benefits to be derived from regionalized, accountable emergency care systems, little is known about the most effective and efficient methods of regional emergency care system development. (b) Purposes.--The purposes of this Act are to design, implement, and evaluate regionalized, comprehensive, and accountable systems of emergency care that-- (1) support and improve the day-to-day operations and coordination of a regional emergency medical care system; (2) increase disaster preparedness and medical surge capacity; (3) include different models of regionalized emergency care systems, including models for urban and rural communities; (4) can be implemented by private or public entities; and (5) meet quality and accountability standards for the operation of emergency care systems and the impact of such systems on patient outcomes. SEC. 3. DESIGN AND IMPLEMENTATION OF REGIONALIZED SYSTEMS FOR EMERGENCY CARE. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 314 the following: ``SEC. 315. REGIONALIZED COMMUNICATION SYSTEMS FOR EMERGENCY CARE RESPONSE. ``(a) In General.--The Secretary, acting through the Assistant Secretary for Preparedness and Response, shall award not fewer than 4 multiyear contracts or competitive grants to eligible entities to support demonstration programs that design, implement, and evaluate innovative models of regionalized, comprehensive, and accountable emergency care systems. ``(b) Eligible Entity; Region.-- ``(1) Eligible entity.--In this section, the term `eligible entity' means a State or a partnership of 1 or more States and 1 or more local governments. ``(2) Region.--In this section, the term `region' means an area within a State, an area that lies within multiple States, or a similar area (such as a multicounty area), as determined by the Secretary. ``(c) Demonstration Program.--The Secretary shall award a contract or grant under subsection (a) to an eligible entity that proposes a demonstration program to design, implement, and evaluate an emergency medical system that-- ``(1) coordinates with public safety services, public health services, emergency medical services, medical facilities, and other entities within a region; ``(2) coordinates an approach to emergency medical system access throughout the region, including 9-1-1 Public Safety Answering Points and emergency medical dispatch; ``(3) includes a mechanism, such as a regional medical direction or transport communications system, that operates throughout the region to ensure that the correct patient is taken to the medically appropriate facility (whether an initial facility or a higher-level facility) in a timely fashion; ``(4) allows for the tracking of prehospital and hospital resources, including inpatient bed capacity, emergency department capacity, on-call specialist coverage, ambulance diversion status, and the coordination of such tracking with regional communications and hospital destination decisions; and ``(5) includes a consistent region-wide prehospital, hospital, and interfacility data management system that-- ``(A) complies with the National EMS Information System, the National Trauma Data Bank, and others; ``(B) reports data to appropriate Federal and State databanks and registries; and ``(C) contains information sufficient to evaluate key elements of prehospital care, hospital destination decisions, including initial hospital and interfacility decisions, and relevant outcomes of hospital care. ``(d) Application.-- ``(1) In general.--An eligible entity that seeks a contract or grant described in subsection (a) shall submit to the Secretary an application at such time and in such manner as the Secretary may require. ``(2) Application information.--Each application shall include-- ``(A) an assurance from the eligible entity that the proposed system-- ``(i) has been coordinated with the applicable State Office of Emergency Medical Services (or equivalent State office); ``(ii) is compatible with the applicable State emergency medical services system; ``(iii) includes consistent indirect and direct medical oversight of prehospital, hospital, and interfacility transport throughout the region; ``(iv) coordinates prehospital treatment and triage, hospital destination, and interfacility transport throughout the region; ``(v) includes a categorization or designation system for special medical facilities throughout the region that is-- ``(I) consistent with State laws and regulations; and ``(II) integrated with the protocols for transport and destination throughout the region; and ``(vi) includes a regional medical direction system, a patient tracking system, and a resource allocation system that-- ``(I) support day-to-day emergency care system operation; ``(II) can manage surge capacity during a major event or disaster; and ``(III) are integrated with other components of the national and State emergency preparedness system; and ``(B) such other information as the Secretary may require. ``(e) Priority.--The Secretary shall give priority for the award of the contracts or grants described subsection (a) to any eligible entity that serves a population in a medically underserved area (as defined in section 330(b)(3)). ``(f) Report.--Not later than 90 days after the completion of a demonstration program under subsection (a), the recipient of such contract or grant described in shall submit to the Secretary a report containing the results of an evaluation of the program, including an identification of-- ``(1) the impact of the regional, accountable emergency care system on patient outcomes for various critical care categories, such as trauma, stroke, cardiac emergencies, and pediatric emergencies; ``(2) the system characteristics that contribute to the effectiveness and efficiency of the program (or lack thereof); ``(3) methods of assuring the long-term financial sustainability of the emergency care system; ``(4) the State and local legislation necessary to implement and to maintain the system; and ``(5) the barriers to developing regionalized, accountable emergency care systems, as well as the methods to overcome such barriers. ``(g) Dissemination of Findings.--The Secretary shall, as appropriate, disseminate to the public and to the appropriate Committees of the Congress, the information contained in a report made under subsection (f). ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $12,000,000 for each of fiscal years 2008 through 2013.''. SEC. 4. SUPPORT FOR EMERGENCY MEDICINE RESEARCH. Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by inserting after the section 498C the following: ``SEC. 498D. SUPPORT FOR EMERGENCY MEDICINE RESEARCH. ``(a) Emergency Medical Research.--The Secretary shall support Federal programs administered by the National Institutes of Health, the Agency for Healthcare Research and Quality, the Health Resources and Services Administration, the Centers for Disease Control and Prevention, and other agencies involved in improving the emergency care system to expand and accelerate research in emergency medical care systems and emergency medicine, including-- ``(1) the basic science of emergency medicine; ``(2) the model of service delivery and the components of such models that contribute to enhanced patient outcomes; ``(3) the translation of basic scientific research into improved practice; and ``(4) the development of timely and efficient delivery of health services. ``(b) Impact Research.--The Secretary shall support research to determine the estimated economic impact of, and savings that result from, the implementation of coordinated emergency care systems. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2008 through 2013.''.

Improving Emergency Medical Care and Response Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting though the Assistant Secretary for Preparedness and Response, to award contracts or competitive grants to support demonstration programs that design, implement, and evaluate innovative models of regionalized, comprehensive, and accountable emergency care systems. Requires the Secretary to give priority to entities that serve a population in a medically underserved area. Directs the Secretary to: (1) support federal programs involved in improving the emergency care system to expand and accelerate research in emergency medical care systems and emergency medicine; and (2) support research to determine the estimated economic impact of, and savings that result from, the implementation of coordinated emergency care systems.

A bill to amend the Public Health Service Act to establish demonstration programs on regionalized systems for emergency care, to support emergency medicine research, and for other purposes.

SECTION 1. TREATMENT OF CERTAIN CHARITABLE RISK POOLS. (a) General Rule.--Section 501 of the Internal Revenue Code of 1986 (relating to exemption from tax on corporations, certain trusts, etc.) is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Charitable Risk Pools.-- ``(1) In general.--For purposes of this title-- ``(A) a qualified charitable risk pool shall be treated as an organization organized and operated exclusively for charitable purposes, and ``(B) subsection (m) shall not apply to a qualified charitable risk pool. ``(2) Qualified charitable risk pool.--For purposes of this subsection, the term `qualified charitable risk pool' means any organization-- ``(A) which is organized and operated solely to pool insurable risks of its members (other than risks related to medical malpractice) and to provide information to its members with respect to loss control and risk management, ``(B) no part of the net earnings of which inures to the benefit of any member or other person other than through providing insurance coverage (or information) described in subparagraph (A), ``(C) which is comprised solely of members that are organizations described in subsection (c)(3) and exempt from tax under subsection (a), and ``(D) which meets the organizational requirements of paragraph (3). ``(3) Organizational requirements.--An organization (hereinafter in this subsection referred to as the `risk pool') meets the organizational requirements of this paragraph if-- ``(A) such risk pool is organized as a nonprofit organization under State law provisions authorizing risk pooling arrangements for charitable organizations, ``(B) such risk pool is exempt from any income tax imposed by the State (or will be so exempt after such pool qualifies as an organization exempt from tax under this title), ``(C) such risk pool has obtained at least $1,000,000 in startup capital from nonmember charitable organizations, ``(D) such risk pool is controlled by a board of directors elected by its members, and ``(E) the organizational documents of such risk pool require that-- ``(i) each member of such pool shall at all times be an organization described in subsection (c)(3) and exempt from tax under subsection (a), ``(ii) any member which receives a final determination that it no longer qualifies as an organization described in subsection (c)(3) shall immediately notify the pool of such determination and the effective date of such determination, and ``(iii) each policy of insurance issued by the risk pool shall provide that such policy will not cover the insured with respect to events occurring after the date such final determination was issued to the insured. An organization shall not cease to qualify as a qualified charitable risk pool solely by reason of the failure of any of its members to continue to be an organization described in subsection (c)(3) if, within a reasonable period of time after such pool is notified as required under subparagraph (C)(ii), such pool takes such action as may be reasonably necessary to remove such member from such pool. ``(4) Other definitions.--For purposes of this subsection-- ``(A) Startup capital.--The term `startup capital' means any capital contributed to, and any program- related investments (within the meaning of section 4944(c)) made in, the risk pool before such pool commences operations. ``(B) Nonmember charitable organization.--The term `nonmember charitable organization' means any organization which is described in subsection (c)(3) and exempt from tax under subsection (a) and which is not a member of the risk pool and does not benefit (directly or indirectly) from the insurance coverage provided by the pool to its members.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1991.

Amends the Internal Revenue Code to allow a tax exemption for charitable risk pools organized and operated exclusively for charitable purposes.

To amend the Internal Revenue Code of 1986 with respect to the treatment of certain charitable risk pools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stable Oil Supply (SOS) Home Heating Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) more than 35 percent of families in the northeastern United States depend on oil to heat their homes each winter, and most of those families have no practical alternative to paying the going price for heating oil or seeking public or private assistance to pay for heating oil; (2) consumers experienced sudden and dramatic increases in prices for home heating oil during the winters of 1989, 1996, and 1999, causing hardship to families and other people of the United States, including people on fixed and low incomes, people living in rural areas, the elderly, farmers, truckers and the driving public, and governments that pay home heating oil bills; (3) a substantial part of each sudden increase in home heating oil prices has been caused by vastly inadequate supplies of home heating oil accumulated during the summer, fall, and winter months by importers, refiners, and wholesalers; and (4) increased stability in home heating oil prices is necessary to maintain the economic vitality of the Northeast. (b) Purpose.--The purpose of this Act is to ensure that minimally adequate stocks of home heating oil are accumulated in the Northeast to meet reasonably foreseeable demand during each winter while protecting consumers from sudden increases in the price of home heating oil. SEC. 3. DEFINITIONS. Section 152 of the Energy Policy and Conservation Act (15 U.S.C. 6232) is amended-- (1) by redesignating paragraphs (2), (3), (4), (5), (6), (7), (8), (9), (10), and (11) as paragraphs (3), (4), (5), (8), (9), (10), (11), (12), (13), and (14); (2) by inserting after paragraph (1) the following: ``(2) Home heating oil.-- ``(A) In general.--The term `home heating oil' means distillate fuel oil. ``(B) Inclusions.--The term `home heating oil' includes No. 1 and No. 2 diesel and fuel oils.''; (3) by inserting after paragraph (5) (as redesignated by paragraph (1)) the following: ``(6) Northeast.--The term `Northeast' means the States of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, and New Jersey. ``(7) Primary heating oil inventory.-- ``(A) In general.--The term `primary heating oil inventory' means a heating oil inventory held by an importer, refiner, or wholesaler. ``(B) Exclusion.--The term `primary heating oil inventory' does not include any inventory held by a retailer for the direct sale to an end user of home heating oil.''; and (4) by adding at the end the following: ``(15) Wholesaler.--The term `wholesaler' means any person that-- ``(A) owns, operates, leases, or otherwise controls a bulk terminal having a total petroleum storage capacity of 50,000 barrels or more; ``(B) stores home heating oil; and ``(C)(i) resells petroleum products to retail businesses that market the petroleum products to end users; or ``(ii) receives petroleum products by tanker, barge, or pipeline. ``(16) Winter season.--The term `winter season' means the months of November through March.''. SEC. 4. HOME HEATING OIL RESERVE FOR THE NORTHEAST. Part B of the Energy Policy and Conservation Act (15 U.S.C. 6231 et seq.) is amended by inserting after section 157 the following: ``SEC. 157A. VOLUNTARY PLANS FOR HOME HEATING OIL RESERVE. ``(a) Submission and Development of Voluntary Plans.--Importers, refiners, and wholesalers that hold primary heating oil inventories for sale to markets in the Northeast, acting individually or in 1 or more groups, should, for the purposes of ensuring stability in energy fuel markets and protecting consumers from dramatic swings in price-- ``(1) develop voluntary plans, in consultation with interested individuals from nonprofit organizations and the public and private sectors, to maintain readily available minimum product inventories of heating oil in the Northeast, possibly in combination with the hedging of future inventories, to mitigate the risk of severe price increases to consumers and to reduce adverse impacts on the regional and national economies; and ``(2) submit the voluntary plans to the Secretary not later than 180 days after the date of enactment of this section. ``(b) Certification and Report.-- ``(1) In general.--If the Secretary determines that a plan submitted under subsection (a)-- ``(A) is likely to achieve the purposes of this Act, the Secretary shall so certify, and the importer, refiner, or wholesaler shall implement the plan; or ``(B) is not likely to achieve the purposes of this section, the Secretary shall issue a statement explaining why the plan does not appear likely to achieve those purposes. ``(2) Report.--Not later than 240 days after the date of enactment of this section, the Secretary shall submit to Congress a report describing the findings and reasons for a certification or failure to certify a plan under this subsection. ``(c) Defense to Antitrust Actions.-- ``(1) In general.--There shall be available as a defense to a civil or criminal action brought under the antitrust laws (or any similar State law) with respect to an action taken to develop and carry out a voluntary plan under subsection (a) by an importer, refiner, or wholesaler the fact that-- ``(A) the action is taken-- ``(i) in the course of developing the voluntary plan; and ``(ii) in the course of carrying out the voluntary plan, if the voluntary plan is certified by the Secretary under subsection (b); ``(B) the action is not taken for the purpose of injuring competition; and ``(C) the importer, refiner, or wholesaler is in compliance with this section. ``(2) Limitation.--Except in the case of an action taken to develop a voluntary plan, the defense provided in paragraph (1) shall be available only if the person asserting the defense demonstrates that the action was specified in, or within the reasonable contemplation of, a voluntary plan certified by the Secretary. ``(3) Burden of proof.--A person interposing the defense under paragraph (1) shall have the burden of proof, except that the burden shall be on the person against which the defense is asserted with respect to whether an action is taken for the purpose of injuring competition. ``(d) Report.--Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit to Congress a report describing the results of the implementation of all voluntary plans certified under this section, including specific compliance by importers, refiners, and wholesalers that serve the Northeast market with respect to the adequacy of the home heating oil supply. ``(e) Plan Adopted by Secretary.--If, by the date that is 240 days after the date of enactment of this section, for each importer, refiner, and wholesaler in the Northeast, a certified plan is not implemented in accordance with subsection (b), the Secretary shall adopt and implement a plan in accordance with section 157B. ``SEC. 157B. HOME HEATING OIL RESERVE FOR THE NORTHEAST. ``(a) Establishment of Private Home Heating Oil Reserves.--If a certified plan described in section 157A is not implemented in accordance with that section for each importer, refiner, and wholesaler that stores home heating oil for sale in the Northeast, not later than 300 days after the date of enactment of this section, the Secretary shall establish a private home heating oil reserve for the Northeast in accordance with this section. ``(b) Inventory.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary shall periodically monitor supply levels as necessary to ensure that each importer, refiner, and wholesaler of home heating oil that stores home heating oil for sale in the Northeast shall have in inventory and readily available to refiners in the Northeast a quantity of home heating oil that the Secretary determines is equal to the quantity that each importer, refiner, or wholesaler may reasonably be expected to require to supply the needs of its customers during the present or following winter season without subjecting consumers to sudden price increases that are due in part to inadequate buildup of heating oil inventories. ``(2) Limitation.--The Secretary shall not require any importer, refiner, or wholesaler to store any product under paragraph (1) in a quantity greater than 95 percent of the average storage capacity for home heating oil reasonably available to the importer, refiner, or wholesaler during the preceding 2 years. ``(3) Increased inventory.--If the Secretary determines that an inventory of home heating oil does not meet the requirement of under paragraph (1), the Secretary may direct an importer, refiner, or wholesaler to acquire, store, and maintain in readily available inventories any quantity of home heating oil that the Secretary determines to be necessary to supply heating oil needs in the Northeast without subjecting consumers to sudden price increases that are due in part to inadequate buildup of heating oil inventories. ``(4) Regulations.--As soon as practicable after the date of enactment of this section, the Secretary shall promulgate regulations necessary to carry out this section, including regulations that-- ``(A) authorize civil penalties to enforce this section; and ``(B) provide that the Secretary shall cooperate with State energy authorities in carrying out this section. ``(c) Excess Inventory.--At the end of each winter season, the Administrator of the Environmental Protection Agency shall take appropriate and reasonable action to enable importers, refiners, and wholesalers of home heating oil to sell any remaining excess inventories of heating oil that the importers, refiners, and wholesalers may have. ``(d) Implementation.--In implementing this section, the Secretary shall ensure, to the maximum extent practicable, that the manner of implementation supports the maintenance of an economically sound and competitive petroleum industry. ``(e) Report.--Not later than 1 year after the implementation of a plan under this section, the Secretary shall submit to Congress a report describing the results of the implementation of the plan, including specific compliance by importers, refiners, and wholesalers in the Northeast with respect to home heating oil supply buildup.''.

Directs the Secretary of Energy to report to Congress regarding the certification status of submitted voluntary plans. Provides a defense to an antitrust action brought against such voluntary plans. Requires the Secretary, if a certified plan is not implemented for each such importer, refiner, and wholesaler, to establish a private home heating oil reserve for the Northeast, according to specified requirements.

Stable Oil Supply (SOS) Home Heating Act

SECTION 1. SPECIAL RULES FOR NONBEVERAGE PRODUCTS MANUFACTURED IN A UNITED STATES FOREIGN TRADE ZONE. (a) In General.--Subpart E of part I of subchapter A of chapter 51 of the Internal Revenue Code of 1986 is amended by inserting after section 5062 the following new section: ``SEC. 5063. EXCEPTION FOR NONBEVERAGE PRODUCTS MANUFACTURED IN A UNITED STATES FOREIGN TRADE ZONE. ``(a) General Rule.--In the case of domestic distilled spirits on which a tax would be determined under this subchapter, when used in a foreign trade zone for the manufacture or production of nonbeverage products, in lieu of payment of the tax under this subchapter by the distilled spirits plant proprietor, distilled spirits may be transferred without payment of tax to an activated foreign trade zone. Upon demonstration to the Secretary of the manufacture or production of nonbeverage products in a foreign trade zone using the distilled spirits withdrawn from bond without payment of tax, authorized manufacturers and producers of nonbeverage products are not subject to the tax under section 5001. In case of any removal, sale, transport, or use of distilled spirits not authorized under section 5061 for which taxes have not been paid, the full rate of tax under section 5001 shall be paid by any person responsible. ``(b) Application.--The Secretary may require persons eligible for the application of this section to file an adequate bond and permit as reasonably determined by the Secretary. Every person subject to the application of this section shall register annually with the Secretary, keep such books and records as may be necessary to establish the fact that distilled spirits received on which no tax has been determined were used in the manufacture or production of nonbeverage products, and be subject to monthly reporting and such rules and regulations in relation thereto as the Secretary may prescribe to secure the Treasury against fraud. ``(c) Powers of the Secretary.--For purposes of ascertaining the correctness of the application of this section, the Secretary is authorized to examine any books, papers, records, or memoranda as may be necessary to establish the fact that the distilled spirits received were used in the manufacture or production of nonbeverage products, to require the attendance of the person or of any officer or employee of such person or the attendance of any other person having knowledge of the premises, to take testimony with reference to any matter covered, and to administer oaths to any person giving such testimony. ``(d) Demonstration of Use in the Manufacturing or Production of Nonbeverage Products.--Except in the case of knowing and willful noncompliance, application of this section shall not be denied in the case of failure to comply with any requirement imposed under this section, or any rule or regulation issued pursuant to this section, upon the person manufacturing or producing the nonbeverage product demonstrating that distilled spirits for which taxes have not been paid transferred to an activated foreign trade zone were in fact used in the manufacture or production of nonbeverage products. ``(e) Formula and Manufacturing Infractions for Manufacturers and Producers of Nonbeverage Products in Foreign Trade Zones.--In the case of failure to comply with any formula or manufacturing requirement imposed under this section or any rule or regulations issued pursuant to this section, the manufacturer or producer of nonbeverage products shall be liable for a penalty up to $1,000 for each failure to comply unless it is shown that the failure to comply was due to reasonable cause. No penalty imposed under this subsection shall exceed the amount of tax which would have been determined under this subchapter without regard to this section. The penalty imposed by this subsection shall be assessed, collected, and paid in the same manner as taxes under this subchapter, not later than 30 days after notification by the Secretary. Any excise tax determined to be owed through monthly reporting processes and procedures for submission and approval of formulas, on- site inspection, or audit shall be paid by the manufacturer or producer of nonbeverage products not later than 30 days after notification by the Secretary. ``(f) Definitions.--For purposes of this section-- ``(1) Authorized manufacturers and producers.--The term `authorized manufacturers and producers' means those manufacturers and producers of nonbeverage products that are registered with the Secretary, agree to monthly reporting, and have received manufacturing or processing authority from the United States Foreign Trade Zones Board. ``(2) Nonbeverage product.--The term `nonbeverage product' means medicines, medicinal preparations, food products, flavors, flavoring extracts, or perfume, which are unfit for beverage purposes.''. (b) Conforming Amendments.-- (1) The table of sections for subpart E of part I of subchapter A of chapter 51 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 5062 the following new item: ``Sec. 5063. Exception for nonbeverage products manufactured in a United States foreign trade zone.''. (2) Section 5005(e)(2) of such Code is amended by inserting ``used as described in section 5063,'' after ``deposited in a foreign-trade zone,''. (3) Section 5214(a) of such Code is amended by striking the period at the end of paragraph (13) and inserting ``; or'', and by adding at the end the following new paragraph: ``(14) without payment of tax as authorized by section 5063.''. (4) Section 5003 of such Code is amended by adding at the end the following new paragraph: ``(18) For provisions relating to an exception for nonbeverage products manufactured in a United States foreign trade zone.''. (c) Foreign Trade Zones.--Section 3 of the Act of June 18, 1934 (commonly known as the Foreign Trade Zones Act; 19 U.S.C. 81c) is amended in subsection (c)(2)-- (1) by inserting in the second sentence before the end period the following: ``and such products, upon approval by the Secretary of the Treasury and the Foreign Trade Zones Board, shall be eligible for tax treatment pursuant to section 5063 of the Internal Revenue Code of 1986''; (2) by striking ``or flavoring extracts'' and inserting ``flavoring extracts, or perfumes''; and (3) by adding at the end the following: ``Distilled spirits for manufacturing or production of nonbeverage products for which taxes have not been paid shall be admitted to the foreign trade zone in domestic status and reported to the Bureau of Customs and Border Protection in accordance with admission procedures, including direct delivery as applicable.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Amends the Internal Revenue Code and the Foreign Trade Zones Act to permit the transfer of distilled spirits used in a foreign trade zone for the manufacture or production of nonbeverage products (i.e., medicines, medicinal preparations, food products, flavors, flavoring extracts, or perfume, which are unfit for beverage purposes) to an activated foreign trade zone without payment of applicable excise taxes. Authorizes the Secretary of the Treasury to: (1) require manufacturers and producers of such nonbeverage products to file an adequate bond and permit; and (2) examine records and compel testimony to enforce the provisions of this Act.

To amend the Internal Revenue Code of 1986 and the Foreign Trade Zones Act to simplify the tax and eliminate the drawback fee on certain distilled spirits used in nonbeverage products manufactured in a United States foreign trade zone for domestic use and export.

.--Section 301(a) of the Congressional Budget Act of 1974 (2 U.S.C. 632(a)) is amended by striking paragraph (4) and inserting the following: ``(4) subtotals of new budget authority and outlays for nondefense discretionary spending, defense discretionary spending, Medicare, Medicaid and other health-related spending, other direct spending (excluding interest), contingencies, and net interest;''. (b) Long-Term Budgeting.--Section 301 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(k) Long-Term Budgeting.--In addition to the levels required to be included in a concurrent resolution on the budget under subsection (a), such concurrent resolution shall set forth appropriate levels, as a percent of the current gross domestic product of the United States, for total Federal revenues, total outlays, debt held by the public, and the surplus or deficit in the budget for the fiscal year 10 years, 20 years, and 30 years after the last fiscal year of the concurrent resolution on the budget.''. SEC. 9. LONG-TERM RECONCILIATION. (a) Long-Term Reconciliation.--Section 310 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(h) Long-Term Reconciliation Directives in a Concurrent Resolution on the Budget.-- ``(1) Long-term reconciliation directives.--In addition to a reconciliation measure as set forth in subsection (a), a concurrent resolution on the budget for any fiscal year, to the extent necessary to effectuate the spending levels as set forth for such categories in section 301(a) (providing for long-term spending levels as a percentage of gross domestic product) of such resolution, may-- ``(A) specify the total amount by which Medicare, Medicaid, the OASDI Trust Funds, and other direct spending outlays are to be reduced within the jurisdiction of a committee as a percentage of gross domestic product of such fiscal year; and ``(B) direct that committee to determine and recommend changes to accomplish a reduction of such total amount for such categories as a percentage of gross domestic product. ``(2) Limitation on amendments to long-term reconciliation legislation.--(A) It shall not be in order in the House of Representatives to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment decreases outlay reductions below the level of such outlay reductions provided (for the fiscal years covered) in the reconciliation instructions which relate to such long-term reconciliation bill. ``(B) It shall not be in order in the Senate to consider any amendment to a reconciliation bill or reconciliation resolution if such amendment decreases outlay reductions below the level of such outlay reductions provided (for the fiscal years covered) in the reconciliation instructions which relate to such long-term reconciliation bill. ``(C) Subparagraphs (A) and (B) shall not apply if a declaration of war by the Congress is in effect. ``(D) For purposes of this section, the levels of outlays as a percentage of a gross domestic product for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or of the Senate. ``(E) In the Senate, a motion to strike a provision shall always be in order. ``(3) Subject matter.--Subject matter included in a long- term reconciliation bill may be any of the following: ``(A) Any part of the Medicare Program. ``(B) Medicaid and other health-related spending. ``(C) The Old-Age, Survivors, and Disability Insurance Trust Fund to make the program solvent. ``(D) Other direct spending. ``(4) Application.--Subsections (b)(1)(E) and (F) of section 313 and subsections (c), (d), and (g) of this section shall not apply to long-term reconciliation measures reported under this subsection. Reforms that are necessary for the fundamental restructuring of any program included in any such measure shall not be deemed to be extraneous for purposes of such section 313.''. (b) Conforming Amendment.--Section 310(b) of the Congressional Budget Act of 1974 is amended by striking ``subsection (a)'' and inserting ``subsections (a) and (h)''. SEC. 10. LONG-TERM SPENDING INCREASE POINT OF ORDER. (a) In General.--Title III of the Congressional Budget Act of 1974 (as amended by section 6) is further amended by adding at the end the following new section: ``long-term spending increase point of order ``Sec. 317. (a) Congressional Budget Office Analysis of Proposals.--The Director of the Congressional Budget Office shall, to the extent practicable, prepare for each bill and joint resolution reported from committee, and amendments thereto and conference reports thereon, an estimate of whether the measure causes, relative to current law, a net increase in direct spending in excess of $5,000,000,000 in any of the four ten fiscal-year periods beginning in the first fiscal year after the last fiscal year covered in the most recently enacted concurrent resolution on the budget. ``(b) In the Senate.--It shall not be in order in the Senate to consider any bill, joint resolution, amendment, motion, or conference report that causes a net increase in deficits in excess of $5,000,000,000 in any of the four ten fiscal-year periods beginning in the first fiscal year after the last fiscal year covered in the most recently enacted concurrent resolution on the budget. ``(c) In the House of Representatives.--It shall not be in order in the House of Representatives to consider any bill, joint resolution, amendment, motion, or conference report that causes a net increase in deficits in excess of $5,000,000,000 in any of the four ten fiscal-year periods beginning in the first fiscal year after the last fiscal year covered in the most recently enacted concurrent resolution on the budget. ``(d) Determinations of Budget Levels.--For purposes of this section, the levels of net deficit increases shall be determined on the basis of estimates provided by the chairmen of the Senate and House Committees on the Budget, as applicable.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 319 the following new item: ``Sec. 317. Long-term spending increase point of order.''. SEC. 11. CBO AND OMB PROJECTIONS. (a) Congressional Budget Office.--Section 308 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsections: ``(e) Long-Term Projections.--Each year, the Director of the Congressional Budget Office shall issue a report projecting total spending, revenue, deficits, and debt for at least 40 years beginning with the first fiscal year after the last fiscal year covered in the most recently enacted concurrent resolution on the budget as a percentage of current projected gross domestic product annually based on current law and current law levels as modified to maintain current policy. ``(f) CBO Spending Review Report Issuance.--As a component of the report required by subsection (e), the Director of the Congressional Budget Office shall issue a Spending Review Report and transmit such report to the Committees on the Budget of the House of Representatives and the Senate. ``(g) Content of Spending Review Report.--The content of the Spending Review Report referred to in subsection (f) shall include analyses of the following: ``(1) OASDI.--The solvency of the Old-Age, Survivors, and Disability Insurance Trust Fund. ``(2) Medicare.--The long-range sustainability of the spending levels of Medicare. ``(3) Medicaid and other health-related spending.--The long-range sustainability of the spending levels of Medicaid and other health-related spending. ``(4) Other direct spending.--The long-range sustainability of spending levels of other direct spending. ``(5) Long-term sustainability.--The long-term sustainability of total Government outlays, deficit, and debt. ``(6) Net interest.--Projections of net interest. ``(h) Definitions.--For purposes of the development of the Spending Review Report referred to in subsection (f): ``(1) Solvency of the oasdi.--The term `solvency' as used in this section means the solvency of the Old-Age Security and Disability Insurance Trust Funds over a 75-year period beginning in the year the Spending Review Report is reported and in the last year of that period. ``(2) Sustainability.--The term `sustainability' means that the projected growth in the Medicare program, the Medicaid program or other health-related spending, or any other direct spending program (other than the Old-Age Security and Disability Insurance Trust Funds or the Medicare or Medicaid program), beginning with the first fiscal year after the last fiscal year covered in the most recently enacted concurrent resolution on the budget, does not exceed the annual rate of growth of the gross domestic product of the United States.''. (b) Office of Management and Budget.--Section 1105(a) of title 31, United States Code, is amended by redesignating the second paragraph (37) as paragraph (39) and by adding at the end the following new paragraph: ``(40) long-term projections of total spending over 30 years (or 75 years in the case of Social Security) as a percentage of gross domestic product annually and the impact of proposed policies over that period.''. SEC. 12. LONG-TERM ANALYSIS BY CONGRESSIONAL BUDGET OFFICE OF LEGISLATION. (a) Long-Term Analysis by Congressional Budget Office.--(1) Part A of title IV of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``long-term analysis by congressional budget office of legislation ``Sec. 407. (a) Analysis.--The Director of the Congressional Budget Office shall, to the extent practicable, prepare-- ``(1) for major legislation reported by any committee of the House of Representatives or the Senate; and ``(2) for any bill or resolution so requested by the chairman or ranking member of the Committee on the Budget or the chairman or ranking member of the committee of jurisdiction, and submit to such committee or to the chairman of the Committee on the Budget making such request an estimate of the costs which would be incurred in carrying out such bill or resolution for the ten fiscal- year period beginning with the first fiscal year after the last fiscal year covered by the most recently enacted concurrent resolution on the budget subject to the analysis of such bill or resolution by the Director under section 402, together with the basis for each such estimate. The estimates, comparison, and description so submitted shall be included in the report accompanying such bill or resolution if timely submitted to such committee before such report is filed. ``(b) Definition.--As used in this section, the term `major legislation' means any bill or joint resolution if the gross spending or revenue effect of such bill or resolution for any fiscal year for which an estimate was made under section 402 is greater than .25 percent of the estimated gross domestic product (GDP) of the United States for the fiscal year.''. (2) The table of contents set forth in section 1(b) of the Congressional Budget Act of 1974 is amended by inserting after the item relating to section 406 the following new item: ``Sec. 407. Long-term analysis by Congressional Budget Office of legislation.''. (b) Analysis by Congressional Budget Office.--Paragraph (1) of section 402 of the Congressional Budget Act of 1974 is amended by striking ``in each of the 4 fiscal years following such fiscal year'' and inserting ``in at least each of the 9 fiscal years following such fiscal year''. SEC. 13. LONG-TERM BUDGETING REFLECTED IN PRESIDENT'S BUDGET SUBMISSIONS. Paragraphs (5), (6), and (12)(B) of section 1105(a) of title 31, United States Code, are amended by striking ``4 fiscal years after that year'' and inserting ``9 fiscal years after that year and the ten fiscal-year period beginning thereafter''. SEC. 14. GAO AND OMB STATEMENTS OF THE FEDERAL GOVERNMENT'S FINANCIAL CONDITION. (a) Government Accountability Office.--Not later than 6 weeks after the President's budget submission under section 1105(a) of title 31, United States Code, or 6 weeks after the President submits his budget review, the Government Accountability Office shall submit a report on the financial condition of the Government, including the long-term unfunded obligations. (b) Definition of Long-Term Unfunded Obligations.--Section 3 of the Congressional Budget Act of 1974 is amended by adding at the end the following new paragraph: ``(12) The term `unfunded obligations' means the dollar sum of the Total Net Position as displayed in the United States Government Balance Sheets contained within the most recently published Financial Report of the United States Government; plus the 75-year actuarial balances, using the intermediate open-group assumption, of Medicare's Hospital Insurance, Supplementary Medical Insurance, and Prescription Drug programs contained within the most recently published Annual Report of the Boards of Trustees of the Federal Hospital Insurance and Federal Supplementary Medical Insurance Trust Funds; plus the 75-year actuarial balance, using the intermediate open group assumption, of the Old-Age Survivors and Disability Insurance program contained within the most recently published Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds; plus the 75-year actuarial balance of the Black Lung Disability Trust Fund (20-8144-0-7-601); plus the 75-year actuarial balance of the Rail Industry Pension Fund (60-8011-0- 7-601) under section 255(g)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985.''. (c) President's Budget Submission.--Section 1105(a) of title 31, United States Code, (as amended by section 8(b)) is further amended by adding at the end the following: ``(41) a report on the financial condition of the Government, including the long-term unfunded obligations.''. SEC. 15. MEDICARE TRIGGER. (a) Section 803.--Section 803 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) is amended-- (1) in subsection (b)-- (A) in paragraph (3)(A), by striking ``; and'' and inserting a semicolon; (B) in paragraph (3)(B), by striking the period at the end and inserting a semicolon; (C) in paragraph (3), by adding at the end the following new subparagraphs: ``(C) the most recent report of the Medicare Trustees (including any illustrative scenario prepared by the Office of the Actuary); ``(D) an analysis by the Chief Actuary of Medicare on the proposed legislation; and ``(E) the assessment of the Committee on the Budget of the report of the Trustees and the analysis by the Chief Actuary of Medicare on the proposed legislation.''; and (D) by adding at the end the following new paragraph: ``(4) Effective certification.--The certification referred to in paragraph (3) shall have no force or effect unless and until all of the criteria set forth therein are inserted in the Congressional Record.''; (2) by amending subsection (c) to read as follows: ``(c) Fallback Procedure for Floor Consideration if the House Fails To Vote on Final Passage by July 30.--After July 30 of any year during which the President is required to submit proposed legislation to Congress under section 1105(h) of title 31, United States Code, unless the House of Representatives has voted on final passage of any medicare funding legislation for which there is an affirmative certification under subsection (b)(3)(A), then, after the expiration of 30 calendar days (and concurrently 5 legislative days), the medicare funding legislation shall be discharged from any committee to which it has been referred.''; and (3) by adding at the end the following new subsection: ``(h) Inapplicability of Procedures to Certain Legislation.-- Procedures set forth in this section shall not apply to any legislation including-- ``(1) changes in budget authority and outlays not within function 570 (spending outside the medicare program); or ``(2) revenue increases other than those receipts from a dedicated medicare financing source.''. (b) Section 804.--Section 804 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) is amended-- (1) in subsection (d)(1), by striking ``, then any Senator'' and all that follows and inserting ``, then the medicare funding legislation measure shall be discharged from the committee.''; and (2) in subsection (e), by adding at the end the following new sentence: ``The motion to proceed shall be nondebatable.''. (c) Section 805.--(1) Subtitle A of title VIII of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) is amended by adding at the end the following new section: ``SEC. 805. DEDICATION OF SAVINGS. ``The chairman of the Committee on the Budget of the House of Representatives or the Senate, as appropriate, shall adjust the appropriate allocations, aggregates, and other levels to reflect the budget impact achieved by legislation introduced pursuant to section 803(a) for purposes of the Congressional Budget Act of 1974, the Balanced Budget Emergency and Deficit Control Act of 1985, the Rules of the House of Representatives, or the Standing Rules of the Senate.''. (2) The table of contents set forth in section 1(d) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) is amended by inserting after the item relating to section 804 the following new item: ``Sec. 805. Dedication of savings.''.

Balancing Our Obligations for the Long-Term Act of 2011 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to establish for FY2030-FY2050: (1) direct spending limits, and (2) total spending limits. Prescribes certain deficit control mechanisms (sequestration and reduction orders) for such period. Requires the Office of Management and Budget (OMB) and the Congressional Budget Office (CBO) to: (1) determine common scorekeeping guidelines, and (2) prepare estimates in conformance with such guidelines. Prescribes and/or revises requirements for discretionary, direct, total, and deficit sequestration preview and final reports. Eliminates Pay-As-You-Go reports. Adds the following programs and activities to the list exempted from sequestration orders: (1) obligated balances of budget authority carried over from prior fiscal years; (2) federal obligations required to be paid under the U.S. Constitution or legally contractual obligations; (3) Claims, Judgments, and Relief Acts (20-1895-0-1-808); and (4) intragovernmental transfers. Modifies and/or repeals certain mandatory general and special sequestration rules. Amends the Act to establish the baseline for the three 10-fiscal years beginning after the last such outyear based on enacted law, as an estimate of current year levels of budget authority, outlays, or receipts for: (1) discretionary spending; (2) Medicare; (3) Medicaid and other health-related spending; (4) other direct spending; (5) social security; (6) other categories, as appropriate; and (7) net interest. Amends the Congessional Budget Act of 1974 (CBA) to require the Director of the Congressional Budget Office (CBO) to make an annual projection for at least 40 years of total spending, revenue, deficits, and debt beginning with the first fiscal year after the last fiscal year covered in the most recently enacted budget resolution as a percentage of current projected gross domestic product (GDP), based on current law and current law levels as modified to maintain current policy. Requires CBO to issue an annual Spending Review Report on the solvency of the Old-Age, Survivors, and Disability Insurance (OASDI) Trust Fund and the long-range sustainability of the spending levels of Medicare, Medicaid and other health-related spending as well as other direct spending. Prescribes procedures for introduction and expedited consideration in each chamber of spending review legislation if such report indicates OASDI Trust Fund insolvency or the non-sustainability of other specified direct spending. Replaces the requirement that budget resolutions include new budget authority and outlays for each major functional category with a requirement that they include subtotals of new budget authority and outlays for nondefense discretionary spending, defense discretionary spending, Medicare, Medicaid and other health-related spending, other direct spending (excluding interest), contingencies, and net interest. Requires budget resolutions to set forth appropriate levels, as a percent of the current GDP, for total federal revenues, total outlays, debt held by the public, and the surplus or deficit in the budget for the 10th, 20th, and 30th fiscal years after the last fiscal year of the budget resolution (long-term budgeting). Requires inclusion in a budget resolution of specified long-term reconciliation directives. Requires CBO to estimate whether each measure reported from committee (except those under the Committee on Appropriations) causes a net increase in direct spending in excess of $5 billion in any of the four ensuing 10-year periods. Makes it out of order in both chambers to consider any measure that causes such a net increase in deficits. Requires CBO to prepare a specified long-term cost analysis and submit it to the requesting chairman or ranking member of the congressional budget committee or of the committee of jurisdiction for: (1) major legislation reported by any congressional committee, and (2) any bill or resolution requested by such chairman or ranking member. Requires inclusion of specified long-term budgeting in the President's budget submission. Requires the Government Accountability Office (GAO) to report, in the President's budget submission, on the federal government's financial condition, including the long-term unfunded obligations. Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to revise legislative procedures for congressional consideration of the President's proposed legislation in response to a Medicare funding warning (Medicare trigger). Requires the appropriate chairman of the congressional budget committee to adjust the appropriate allocations, aggregates, and other levels to reflect the budget impact achieved by such introduced legislation for CBA purposes, the Gramm-Rudman-Hollings Act, the Rules of the House of Representatives, or the Standing Rules of the Senate.

To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to provide for long-term budgeting, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employment Protection Act of 2011''. SEC. 2. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC ACTIVITY. (a) Analysis of Impacts of Actions on Employment and Economic Activity.-- (1) Analysis.--Prior to issuing a regulation, policy statement, guidance, or other requirement, implementing any new or substantially altered program, or issuing or denying any permit, the Administrator shall analyze the impact, disaggregated by State, of such regulation, policy statement, guidance, requirement, program, or permit on employment levels and economic activity. (2) Economic models.-- (A) In general.--In carrying out paragraph (1), the Administrator shall utilize the best available economic models. (B) Annual gao report.--Not later than December 31st of each year, the Comptroller General of the United States shall submit to Congress a report on the economic models used by the Administrator to carry out this subsection. (3) Availability of information.--With respect to any regulation, policy statement, guidance, requirement, program, or permit, the Administrator shall-- (A) post the analysis under paragraph (1) as a link on the main page of the public Web site of the Environmental Protection Agency; and (B) request that the Governor of any State experiencing more than a de minimis negative impact post such analysis in the Capitol of such State. (4) Clean water act and other permits.--Analysis under paragraph (1) shall include estimated job losses and decreased economic activity due to the denial or issuance of permits, including permits issued under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (b) Public Hearings.-- (1) In general.--If the Administrator concludes under subsection (a)(1) that a regulation, policy statement, guidance, requirement, program, or permit will have more than a de minimis negative impact on employment levels or economic activity in a State, then the Administrator shall hold a public hearing in each such State at least 30 days prior to-- (A) the effective date of the regulation, policy statement, guidance, requirement, or program; or (B) the denial or issuance of the permit. (2) Time, location, and selection.--A public hearing required by paragraph (1) shall be held at a convenient time and location for impacted residents. In selecting a location for such a public hearing, the Administrator shall give priority to locations in the State that will experience the greatest number of job losses. (3) Citizen suits.-- (A) In general.--If a public hearing is required by paragraph (1) with respect to any State, and the Administrator fails to hold such a public hearing in accordance with paragraphs (1) and (2), any resident of such State may bring an action in any United States district court in such State to compel compliance with such paragraphs. (B) Relief.--If a party prevails in an action against the Administrator under subparagraph (A), then the district court-- (i) shall enjoin the regulation, policy statement, guidance, requirement, program, or permit that is the subject of the action; and (ii) may award reasonable attorneys fees and costs. (C) Appeal.--Upon appeal of an injunction issued under subparagraph (B), the court of appeals-- (i) shall require the submission of briefs not later than 30 days after the filing of such appeal; (ii) may not stay the injunction prior to hearing oral arguments; and (iii) shall make its final decision not later than 90 days after the filing of such appeal. (c) Notification.--If the Administrator concludes under subsection (a)(1) that a regulation, policy statement, guidance, requirement, program, or permit will have more than a de minimis negative impact on employment levels or economic activity in any State, then the Administrator shall give notice of such impact to the State's Congressional delegation, Governor, and Legislature at least 45 days prior to-- (1) the effective date of the regulation, policy statement, guidance, requirement, or program; or (2) the denial or issuance of the permit. (d) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) De minimis negative impact.--The term ``de minimis negative impact'' means the following: (A) With respect to employment levels, a loss of more than 100 jobs. Any offsetting job gains that result from the hypothetical creation of new jobs through new technologies or government employment may not be used in the job loss calculation. (B) With respect to economic activity, a decrease in economic activity of more than $1,000,000 over any calendar year. Any offsetting economic activity that results from the hypothetical creation of new economic activity through new technologies or government employment may not be used in the economic activity calculation.

Employment Protection Act of 2011 - Requires the Administrator of the Environmental Protection Agency (EPA), prior to issuing a regulation, policy statement, guidance, or other requirement, implementing any new or substantially altered program, or issuing or denying any permit, to analyze its impact on employment levels and economic activity, disaggregated by state. Requires such analysis to include estimated job losses and decreased economic activity due to the denial or issuance of permits, including permits issued under the Federal Water Pollution Control Act (commonly known as the Clean Water Act). Requires the Administrator to: (1) post such analysis on EPA's website and request governors of states experiencing more than a de minimis negative impact to post such analysis in their capitols; (2) hold public hearings in each state in which a requirement, program, or permit will have more than a de minimis negative impact; and (3) give notice of such impact in a state to such state's congressional delegation, governor, and legislature at least 45 days prior to the effective date of such requirement or program or the denial or issuance of a permit. Defines "de minimis negative impact" to mean: (1) with respect to employment levels, a loss of more than 100 jobs; and (2) with respect to economic activity, a decrease in economic activity of more than $1,000,000 over any calendar year.

To require the Administrator of the Environmental Protection Agency to consider the impact on employment levels and economic activity prior to issuing a regulation, policy statement, guidance, or other requirement, implementing any new or substantially altered program, or issuing or denying any permit, and for other purposes.

SECTION 1. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS. (a) In General.--The Secretary of Veterans Affairs may carry out the following major medical facility projects, with each project to be carried out in the amount specified for that project: (1) Alterations to facilitate consolidation of services in buildings 126 and 150, and demolition of seismically unsafe building 122 at the Department of Veterans Affairs Medical Center, Long Beach, California, in an amount not to exceed $23,200,000. (2) Construction and seismic work at the Department of Veterans Affairs Medical Center, San Juan, Puerto Rico, in an amount not to exceed $50,000,000. (3) Outpatient clinic expansion at the Department of Veterans Affairs Medical Center, Washington, D.C., in an amount not to exceed $29,700,000. (4) Construction of a psychogeriatric care building and demolition of seismically unsafe building 324 at the Department of Veterans Affairs Medical Center, Palo Alto, California, in an amount not to exceed $22,400,000. (5) Construction of an ambulatory care addition and renovations for ambulatory care at the Department of Veterans Affairs Medical Center, Cleveland (Wade Park), Ohio, in an amount not to exceed $28,300,000, of which $7,500,000 shall be derived from funds appropriated for a fiscal year before fiscal year 1999 that remain available for obligation. (6) Construction of an ambulatory care addition at the Department of Veterans Affairs Medical Center, Tucson, Arizona, in an amount not to exceed $35,000,000. (7) Construction of an addition for psychiatric care at the Department of Veterans Affairs Medical Center, Dallas, Texas, in an amount not to exceed $24,200,000. (8) Outpatient clinic projects at Auburn and Merced, California, as part of the Northern California Healthcare Systems Project, in an amount not to exceed $3,000,000, to be derived only from funds appropriated for Construction, Major Projects, for a fiscal year before fiscal year 1999 that remain available for obligation. (b) Construction of Parking Facility.--The Secretary may construct a parking structure at the Department of Veterans Affairs Medical Center, Denver, Colorado, in an amount not to exceed $13,000,000, of which $11,900,000 shall be derived from funds in the Parking Revolving Fund. SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES. The Secretary of Veterans Affairs may enter into leases for satellite outpatient clinics as follows: (1) Baton Rouge, Louisiana, in an amount not to exceed $1,800,000. (2) Daytona Beach, Florida, in an amount not to exceed $2,600,000. (3) Oakland Park, Florida, in an amount not to exceed $4,100,000. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 1999-- (1) for the Construction, Major Projects, account $205,300,000 for the projects authorized in section 1(a); and (2) for the Medical Care account, $8,500,000 for the leases authorized in section 2. (b) Limitation.--(1) The projects authorized in section 1(a) may only be carried out using-- (A) funds appropriated for fiscal year 1999 pursuant to the authorization of appropriations in subsection (a); (B) funds appropriated for Construction, Major Projects, for a fiscal year before fiscal year 1999 that remain available for obligation; and (C) funds appropriated for Construction, Major Projects, for a fiscal year before fiscal year 1999 for a category of activity not specific to a project. (2) The project authorized in section 1(b) may only be carried out using funds appropriated for a fiscal year before fiscal year 1999-- (A) for the Parking Revolving Fund; or (B) for Construction, Major Projects, for a category of activity not specific to a project. SEC. 4. THRESHOLD FOR TREATMENT OF PARKING FACILITY PROJECT AS A MAJOR MEDICAL FACILITY PROJECT. Section 8109(i)(2) of title 38, United States Code, is amended by striking out ``$3,000,000'' and inserting ``$4,000,000''. SEC. 5. PROCEDURES FOR NAMING OF PROPERTY BY SECRETARY OF VETERANS AFFAIRS. (a) In General.--Subchapter II of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 530. Procedures for naming property ``(a) If the Secretary proposes to designate the name of any property of the Department other than for the geographic area in which that property is located, the Secretary shall conduct a public hearing before making the designation. The hearing shall be conducted in the community in which the property is located. At the hearing, the Secretary shall receive the views of veterans service organizations and other interested parties regarding the proposed name of the property. ``(b) Before conducting such a hearing, the Secretary shall provide reasonable notice of the proposed designation and of the hearing. The notice shall include-- ``(1) the time and place of the hearing; ``(2) identification of the property proposed to be named; and ``(3) identification of the proposed name for the property; ``(c)(1) If after a hearing under subsection (a) the Secretary intends to name the property involved other than for the geographic area in which that property is located, the Secretary shall notify the congressional veterans' affairs committees of the Secretary's intention to so name the property and shall publish a notice of such intention in the Federal Register. ``(2) The Secretary may not designate the property with a name for which a notice was published in the Federal Register pursuant to paragraph (1) until the end of a 60-day period of continuous session of Congress following the date of the submission of notice under paragraph (1). For purposes of the preceding sentence, continuity of a session of Congress is broken only by an adjournment sine die, and there shall be excluded from the computation of such 60-day period any day during which either House of Congress is not in session during an adjournment of more than three days to a day certain. ``(3) Each notice under paragraph (1) shall include the following: ``(A) An identification of the property involved. ``(B) An explanation of the background of, and rationale for, the proposed name. ``(C) A summary of the views expressed by interested parties at the public hearing conducted in connection with the proposed name, together with a summary of the Secretary's evaluation of those views.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 529 the following new item: ``530. Procedures for naming property.''. (c) Effective Date.--Section 530 of title 38, United States Code, as added by subsection (a), shall take effect as of January 1, 1998. Passed the House of Representatives May 19, 1998. Attest: ROBIN H. CARLE, Clerk.

Authorizes the Secretary of Veterans Affairs to carry out major medical facility projects in specified amounts at Department of Veterans Affairs medical centers or outpatient clinics at the following locations: (1) Long Beach, California; (2) San Juan, Puerto Rico; (3) Washington, D.C.; (4) Palo Alto, California; (5) Cleveland, Ohio; (6) Tucson, Arizona; (7) Dallas, Texas; and (8) Auburn and Merced, California. Authorizes the Secretary to construct a parking structure at the Department Medical Center in Denver, Colorado. Authorizes the Secretary to enter into leases for satellite outpatient clinics in Baton Rouge, Louisiana, Daytona Beach, Florida, and Oakland Park, Florida. Authorizes appropriations to the Secretary for FY 1999 for the Construction, Major Projects, account, and for the Medical Care account, with limitations. Increases from $3 million to $4 million the threshold for a Department parking facility project to be considered a major medical facility project. Requires the Secretary to: (1) hold a local public hearing prior to designating Department property with a name other than for the geographic area involved; and (2) notify the congressional veterans' committees of the intention to make such designation and wait 60 days of continuous session of Congress before making such designation.

To authorize major medical facility projects and major medical facility leases for the Department of Veterans Affairs for fiscal year 1999, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Space Station Authorization Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) the development, assembly, and operation of the International Space Station is in the national interest of the United States; (2) the National Aeronautics and Space Administration has restructured and redesigned the International Space Station, consolidated contract responsibility, and achieved program management, control, and stability; (3) the significant involvement by private ventures in marketing and using, competitively servicing, and commercially augmenting the operational capabilities of the International Space Station during its assembly and operational phases will lower costs and increase benefits to the international partners; (4) further rescoping or redesigns of the International Space Station will lead to costly delays, increase costs to its international partners, discourage commercial involvement, and weaken the international space partnership necessary for future space projects; (5) total program costs for development, assembly, and initial operations have been identified and capped to ensure financial discipline and maintain program schedule milestones; (6) in order to contain costs, mission planning and engineering functions of the National Space Transportation System (Space Shuttle) program should be coordinated with the Space Station Program Office; (7) complete program authorizations for large development programs promote program stability, reduce the potential for cost growth, and provide necessary assurance to international partners and commercial participants; and (8) the International Space Station represents an important component of an adequately funded civil space program which balances human space flight with science, aeronautics, and technology. SEC. 3. DEFINITIONS. For the purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration; and (2) the term ``cost threat'' means a potential change to the program baseline documented as a potential cost by the Space Station Program Office. SEC. 4. SPACE STATION COMPLETE PROGRAM AUTHORIZATION. (a) Authorization of Appropriations.--Except as provided in subsection (b), there are authorized to be appropriated to the National Aeronautics and Space Administration for the period encompassing fiscal year 1996 and all subsequent fiscal years not to exceed $13,141,000,000, to remain available until expended, for complete development and assembly of, and to provide for initial operations, through fiscal year 2002, of, the International Space Station. Not more than $2,121,000,000 may be appropriated for any one fiscal year. (b) Certification and Report.--None of the funds authorized under subsection (a) may be appropriated for any fiscal year unless, within 60 days after the submission of the President's budget request for that fiscal year, the Administrator-- (1) certifies to the Congress that-- (A) the program reserves available for such fiscal year exceed the total of all cost threats known at the time of certification; (B) the Administrator does not foresee delays in the International Space Station's development or assembly, including any delays relating to agreements between the United States and its international partners; and (C) the International Space Station can be fully developed and assembled without requiring further authorization of appropriations beyond amounts authorized under subsection (a); or (2) submits to the Congress a report which describes-- (A) the circumstances which prevent a certification under paragraph (1); (B) remedial actions undertaken or to be undertaken with respect to such circumstances; (C) the effects of such circumstances on the development and assembly of the International Space Station; and (D) the justification for proceeding with the program, if appropriate. If the Administrator submits a report under paragraph (2), such report shall include any comments relating thereto submitted to the Administrator by any involved party. (c) Neutral Buoyancy Laboratory.--The Administrator is authorized to exercise an option to purchase, for not more than $35,000,000, the Clear Lake Development Facility, containing the Sonny Carter Training Facility and the approximately 13.7 acre parcel of land on which it is located, using funds authorized by this Act. SEC. 5. COORDINATION WITH SPACE SHUTTLE. The Administrator shall-- (1) coordinate the engineering functions of the Space Shuttle program with the Space Station Program Office to minimize overlapping activities; and (2) in the interest of safety and the successful integration of human spacecraft development with human spaceflight operations, maintain at one lead center the complementary capabilities of human spacecraft engineering and astronaut training. SEC. 6. COMMERCIALIZATION OF SPACE STATION. (a) Policy.--The Congress declares that a priority goal of constructing the International Space Station is the economic development of Earth orbital space. The Congress further declares that the use of free market principles in operating, allocating the use of, and adding capabilities to the Space Station, and the resulting fullest possible engagement of commercial providers and participation of commercial users, will reduce Space Station operational costs for all partners and the Federal Government's share of the United States burden to fund operations. (b) Report.--The Administrator shall deliver to the Congress, within 60 days after the submission of the President's budget request for fiscal year 1997, a market study that examines the role of commercial ventures which could supply, use, service, or augment the International Space Station, the specific policies and initiatives the Administrator is advancing to encourage these commercial opportunities, the cost savings to be realized by the international partnership from applying commercial approaches to cost-shared operations, and the cost reimbursements to the United States Federal Government from commercial users of the Space Station. SEC. 7. SENSE OF CONGRESS. It is the sense of Congress that the ``cost incentive fee'' single prime contract negotiated by the National Aeronautics and Space Administration for the International Space Station, and the consolidation of programmatic and financial accountability into a single Space Station Program Office, are two examples of reforms for the reinvention of all National Aeronautics and Space Administration programs that should be applied as widely and as quickly as possible throughout the Nation's civil space program. SEC. 8. SPACE STATION ACCOUNTING REPORT. Within one year after the date of enactment of this Act, and annually thereafter, the Administrator shall transmit to the Congress a report with a complete annual accounting of all costs of the space station, including cash and other payments to Russia. Passed the House of Representatives September 28, 1995. Attest: ROBIN H. CARLE, Clerk.

International Space Station Authorization Act of 1995 - Authorizes appropriations through FY 2002 to the National Aeronautics and Space Administration (NASA) for complete development and initial operations of the International Space Station. Caps appropriations for any one fiscal year. Makes appropriations contingent upon the Administrator of NASA certifying that Space Station budgetary, schedule, and technical commitments will be met. Requires a report to the Congress if such certification cannot be made. Authorizes the Administrator to purchase the Clear Lake Development Facility, containing the Sonny Carter Training Facility, Texas. Provides for coordination of the Space Shuttle program with the Space Station Program Office. States that a priority goal of building the International Space Station is the economic development of Earth orbital space. Requires a related commercialization market study. Expresses the sense of the Congress that the "cost incentive fee" single prime contract for the International Space Station and the consolidation of program management and financial accountability into a single Space Station Program Office should be applied throughout the civil space program. Requires the Administrator to submit to the Congress an annual Space Station report, including accounting of all payments to Russia.

International Space Station Authorization Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disability Insurance Protection and Fraud Prevention Act of 2014''. SEC. 2. EXPANSION OF COOPERATIVE DISABILITY INVESTIGATIONS PROGRAM. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Social Security Administration shall increase the number of cooperative disability investigative units to 54. (b) Distribution.--The Inspector General shall locate the cooperative disability investigative units established pursuant to subsection (a) in such manner as to ensure that such units are distributed equally among the most densely populated areas of the Nation. SEC. 3. MODIFICATION OF CERTAIN CRITERIA FOR THE DETERMINATION OF DISABILITY. (a) In General.--In determining whether an individual is under a disability for purposes of section 223 of the Social Security Act (42 U.S.C. 423), the Commissioner of Social Security-- (1) may not consider an individual as approaching advanced age (as applicable for purposes of section 404.1563 of title 20, Code of Federal Regulations, as in effect on the date of the enactment of this Act), unless the individual has attained the age of 58; (2) may not consider an individual as having attained advanced age (as so applicable) unless the individual has attained the age of 61; and (3) may not consider the individual's inability to communicate in English as a vocational factor (as applicable for purposes of section 404.1564 of such title). (b) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Commissioner of Social Security shall issue regulations to implement subsection (a). SEC. 4. COMBINED EFFECT OF IMPAIRMENTS NOT CONSIDERED IN DISABILITY DETERMINATIONS. (a) Title II Determinations.--Section 223(d)(2) of the Social Security Act (42 U.S.C. 423(d)(2)) is amended by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). (b) Title XVI Determinations.--Section 1614(a)(3) of such Act (42 U.S.C. 1382c(a)(3)) is amended by striking subparagraph (G) and redesignating subsequent subparagraphs accordingly. (c) Conforming Amendment.--Section 216(i)(1) of such Act (42 U.S.C. 416(i)(1)) is amended by striking ``paragraphs (2)(A),(2)(B),(3),'' and inserting ``paragraphs (2)(A), (3),''. (d) Effective Date.--The amendments made by this section shall take effect on the day that is 90 days after the date of enactment of this Act. SEC. 5. MANDATORY FUNDING FOR CONTINUING DISABILITY REVIEWS. (a) In General.--Section 201(g)(1)(A) of the Social Security Act (42 U.S.C. 401(g)(1)(A)) is amended by striking ``Of the amounts authorized to be made available'' and all that follows through ``for fiscal year 2002, $720,000,000.'' and inserting the following: ``There is hereby appropriated for continuing disability reviews such sums as may be necessary for each of fiscal years 2014 through 2018.'' (b) Report.--Not later than 60 days after the end of fiscal year 2018, the Commissioner of Social Security shall submit a report to Congress that includes an assessment of the amount of savings attained as a result of the amendment made by subsection (a) in the Federal disability insurance program under title II of the Social Security Act and the Supplemental Security Income program under title XVI of such Act. SEC. 6. DISABILITY DEMONSTRATION PROGRAM DESIGN REPORT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit to Congress a report describing the design of a demonstration program that would meet the specifications in subsection (b), including recommendations for any legislative changes necessary to implement such a program. (b) Goals.--In order to improve the well-being of certain social security disability insurance applicants while also achieving near-term program cost neutrality and long-term cost savings, the Commissioner shall screen such applicants and target those who appear likely to be determined eligible for benefits but who also have the potential for significant work activity if provided with a range of services to be determined by the Commissioner. In exchange for suspending their social security disability insurance program application, these applicants would be offered a package of benefits, including targeted vocational and health interventions, wage subsidies based on how much the applicants can work and earn, and, if appropriate, an emergency cash diversion grant. SEC. 7. STATE DISABILITY REFORM DEMONSTRATION PROGRAM REPORT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit to Congress a report describing the design of a demonstration program that would meet the specifications in subsection (b), including recommendations for any legislative changes necessary to implement such a program. (b) Goals.-- (1) In general.--The Commissioner of Social Security shall work with the States to determine whether, if appropriate changes were made in the law, the existing funding streams for specific populations, such as vocational rehabilitation funding, Medicaid, Temporary Assistance for Needy Families, and workers' compensation, could be modified to be delivered in a more coordinated manner to improve outcomes and reduce participation in supplemental security income or social security disability insurance. (2) Incentive funding.--States who successfully implemented such a program shall receive incentive funding to be determined by the Commissioner and subject to appropriations. (c) Definition.--For the purposes of this section, the term ``specific populations'' means populations identified by the Commissioner of Social Security as likely to receive a lifetime of supplemental security income or social security disability insurance. SEC. 8. EMPLOYERS DEMONSTRATION PROGRAM REPORT. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Commissioner of Social Security shall submit to Congress a report describing the design of a demonstration program that would meet the specifications in subsection (b), including recommendations for any legislative changes necessary to implement such a program. (b) Goals.-- (1) In general.--In order to encourage employers to reduce the incidence of disability among their employees by 20 percent, the Commissioner of Social Security shall create a voluntary program for employers that would provide such employers with a tax credit with respect to social security disability insurance taxes if the employees of such employer do not file for social security disability insurance. (2) Baseline.--For each employer who volunteers to participate in the program, the Commission of Social Security shall determine a baseline predicted rate of social security disability insurance enrollment. (3) Employees tracked for program.--Employees employed on the date the employer enrolled in the program shall be tracked for a period of 3 years beginning on the date of enrollment in the program, whether or not they remain employed by such employer. If any such employee becomes eligible for social security disability insurance during such period, the employer's disability insurance participation rate shall be affected. (4) Incentive.--At the end of the period, the employer's disability insurance participation rate shall be compared to the baseline, and if the participation rate has fallen by at least 20 percent, the employer shall receive a social security disability insurance tax credit of 75 percent of the disability insurance cost savings during the period.

Disability Insurance Protection and Fraud Prevention Act of 2014 - Requires the Inspector General of the Social Security Administration to increase the number of cooperative disability investigative (CDI) units to 54 and distribute them equally among the most densely populated areas. Prohibits the Commissioner of Social Security, in determining whether an individual is under a disability for insurance benefit payment purposes, from considering: (1) an individual as approaching advanced age unless he or she has attained age 58; (2) an individual as having attained advanced age unless he or she has attained age 61; and (3) the individual's inability to communicate in English as a vocational factor. Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) to eliminate consideration of the combined effect of impairments in disability determinations. Makes appropriations for continuing disability reviews for FY2014-FY2018. Directs the Commissioner to assess for Congress after FY2018 the amount of savings attained as a result of such appropriations in the federal disability program under SSA title II and the SSI program. Requires the Commissioner to describe for Congress the designs of: (1) a disability demonstration program, (2) a state demonstration program to revise specified existing funding streams for specific populations to improve outcomes and reduce participation in SSI or Social Security disability insurance, and (3) a demonstration program that encourages employers to reduce the incidence of disability among their employees by 20% through a voluntary program that provides the employers with a tax credit if their employees do not file for Social Security disability insurance.

Disability Insurance Protection and Fraud Prevention Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nanotechnology Safety Act of 2010''. SEC. 2. NANOTECHNOLOGY PROGRAM. Chapter X of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 391 et seq.) is amended by adding at the end the following: ``SEC. 1011. NANOTECHNOLOGY PROGRAM. ``(a) In General.--Not later than 180 days after the date of enactment of the Nanotechnology Safety Act of 2010, the Secretary of Health and Human Services, in consultation with the Secretary of Agriculture, shall establish within the Food and Drug Administration a program for the scientific investigation of nanoscale materials included or intended for inclusion in FDA-regulated products, to address the potential toxicology of such materials, the effects of such materials on biological systems, and interaction of such materials with biological systems. ``(b) Program Purposes.--The purposes of the program established under subsection (a) shall be to-- ``(1) assess scientific literature and data on general nanoscale material interactions with biological systems and on specific nanoscale materials of concern to Food and Drug Administration; ``(2) develop and organize information using databases and models that will enable the formulation of generalized principles for the behavior of classes of nanoscale materials with biological systems; ``(3) promote intramural Administration programs and participate in collaborative efforts, to further the understanding of the science of novel properties at the nanoscale that might contribute to toxicity; ``(4) promote and participate in collaborative efforts to further the understanding of measurement and detection methods for nanoscale materials; ``(5) collect, synthesize, interpret, and disseminate scientific information and data related to the interactions of nanoscale materials with biological systems; ``(6) build scientific expertise on nanoscale materials within such Administration; ``(7) ensure ongoing training, as well as dissemination of new information within the centers of such Administration, and more broadly across such Administration, to ensure timely, informed consideration of the most current science; ``(8) encourage such Administration to participate in international and national consensus standards activities; and ``(9) carry out other activities that the Secretary determines are necessary and consistent with the purposes described in paragraphs (1) through (8). ``(c) Program Administration.-- ``(1) Program manager.--In carrying out the program under this section, the Secretary shall designate a program manager who shall supervise the planning, management, and coordination of the program. ``(2) Duties.--The program manager shall-- ``(A) develop a detailed strategic plan for achieving specific short- and long-term technical goals for the program; ``(B) coordinate and integrate the strategic plan with investments by the Food and Drug Administration and other departments and agencies participating in the National Nanotechnology Initiative; and ``(C) develop intramural Administration programs, contracts, memoranda of agreement, joint funding agreements, and other cooperative arrangements necessary for meeting the long-term challenges and achieving the specific technical goals of the program. ``(d) Reports.--Not later than March 1, 2012, and March 1, 2014, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives a report on the program carried out under this section. Such report shall include-- ``(1) a review of the specific short- and long-term goals of the program; ``(2) an assessment of current and proposed funding levels for the program, including an assessment of the adequacy of such funding levels to support program activities; and ``(3) a review of the coordination of activities under the program with other departments and agencies participating in the National Nanotechnology Initiative. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $25,000,000 for each of fiscal years 2011 through 2015. Amounts appropriated pursuant to this subsection shall remain available until expended.''.

Nanotechnology Safety Act of 2010 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services (HHS) to establish within the Food and Drug Administration (FDA) a program for the scientific investigation of nanoscale materials included or intended for inclusion in FDA-regulated products to address: (1) the potential toxicology of such materials; (2) the effects of such materials on biological systems; and (3) the interaction of such materials with biological systems.

A bill to amend the Federal Food, Drug, and Cosmetic Act to establish a nanotechnology program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Engineering Accountability Act of 2006''. SEC. 2. CIVIL LIABILITY. (a) In General.--Notwithstanding section 2680(a) of title 28, United States Code, and section 3 of the Flood Control Act of 1928 (33 U.S.C. 702c), and subject to subsection (b), an action may be brought only in a Federal court for actual, not punitive, damages against the Army Corps of Engineers for the failure or negligence by the Corps to design, construct, or maintain a project, adversely impacted in a major disaster, for which the Corps is legally responsible. (b) Determination of Liability.--An action brought under subsection (a) for monetary damages for injury or loss of property, or personal injury or death may proceed only if a claimant can demonstrate that-- (1) the Corps admitted by statement or in writing that it failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by a major disaster, for which it was legally responsible; or (2) the independent Commission established under section 3 makes a determination that the Corps failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by the major disaster, for which the Corps was legally responsible. SEC. 3. COMMISSION. (a) Establishment.--There is hereby established a Commission to be known as the Federal Engineering Accountability Commission. (b) Duties.-- (1) Initial duties.--Not later than 60 days after a major disaster, the Commission shall begin an investigation to determine if the Corps failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by such disaster, for which the Corps was legally responsible. (2) Interim duties.--Not later than 12 months after a major disaster, the Committee shall complete its investigation under paragraph (1). (3) Report.--Not later than 15 months after a major disaster, the Commission shall submit a report to the Secretary of the Army and the Secretary of the Department of Homeland Security regarding the findings of its investigation. (c) Membership.--The Commission shall be composed of 7 members appointed by the President by and with the consent of the Senate. (d) Qualifications.--In appointing individuals to the Commission, the President shall consider-- (1) for appointment individuals who are experts in the field of civil engineering, water management, flood protection, or in another related area; (2) the appointment of not more than 2 members who have ever worked for the Army Corps of Engineers; (3) no appointment of a current employee of the Army Corps of Engineers or the Department of Homeland Security. (e) Terms of Appointment.--Each member shall be appointed for a term of 5 years and terms may be renewed for an unlimited number of additional 5-year terms. (f) Quorum.--At least 3 members of the Commission are necessary to conduct an investigation after a major disaster and to make a determination regarding the failure or negligence of the Corps in designing, constructing, or maintaining a project for which it is legally responsible. (g) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with the applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (h) Meetings.--No later than 60 days after the occurrence of a major disaster, the members shall convene and begin its investigation and may meet as often as the members consider necessary during the 12- month period following the major disaster. (i) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission The attendance of witnesses and the production of evidence may be required from any place within at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any Federal court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found.] (j) Immunity.--Except as provided in this subsection, a person may not be excused from testifying or from producing evidence pursuant to a subpoena on the ground that the testimony or evidence required by the subpoena may tend to incriminate or subject that person to criminal prosecution. A person, after having claimed the privilege against self- incrimination, may not be criminally prosecuted by reason of any transaction, matter, or thing which that person is compelled to testify about or produce evidence relating to, except that the person may be prosecuted for perjury committed during the testimony or made in the evidence. SEC. 4. TIME FOR COMMENCING ACTION AGAINST THE CORPS. Every civil action commenced against the Army Corps of Engineers under section 2(a) shall be barred unless the complaint is filed with 18 months after the earlier of the date in which-- (1) the Corps admitted by statement or in writing that it failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by a major disaster, for which it was legally responsible; or (2) an independent commission established under section 3 makes a determination that the Corps failed or was negligent in designing, constructing, or maintaining a project, adversely impacted by the major disaster, for which the Corps was legally responsible. SEC. 5. NO STANDING. No State or local government shall have standing to bring an action under this Act. No insurance company shall have standing to bring an action under this Act to the extent that such insurance company's claim is founded in indemnity or recovery of claims the company has paid. SEC. 6. BENEFITS. A court shall not hear evidence or reduce an award made under this Act for any amounts the claimant received from another party for injury or damages sustained in a major disaster proximately caused by the failure or negligence of the Army Corps of Engineers in the design, construction, or maintenance of a project, adversely impacted by a major disaster, for which the Corps is legally responsible. SEC. 7. NO SUBROGATION. An insurance company shall not have the right to seek subrogation for a claim. SEC. 8. MOTION FOR MANDAMUS. If the Commission fails to meet the deadlines specified in this Act, a claimant may bring a motion to seek mandamus against the Commission. SEC. 9. DEFINITIONS. For purposes of this Act the following terms apply: (1) The term ``Commission'' means the Federal Engineering Accountability Commission established under section 3. (2) The term ``Corps'' means the Army Corps of Engineers. (3) The term ``major disaster'' has the same meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

Federal Engineering Accountability Act of 2006 - Provides that an action may be brought only in federal court for actual, not punitive, damages against the Army Corps of Engineers for its failure or negligence to design, construct, or maintain a project, adversely impacted in a major disaster, for which the Corps is legally responsible. Establishes the Federal Engineering Accountability Commission to determine the Corps' failure or negligence after such a disaster and to report to the Secretary of the Army and the Secretary of Homeland Security. Permits such an action for injury, loss of property, personal injury, or death to proceed only if a claimant can demonstrate that: (1) the Corps admitted that it failed or was negligent; or (2) the Commission determines that the Corps failed or was negligent.

To provide an option to proceed with an action in any Federal court to recover actual damages for physical or property damage in a major disaster that proximately results from the failure or negligence of the Army Corps of Engineers in the design, construction, or maintenance of a project for which the Corps is legally responsible.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ocean Habitat Protection Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Complex seafloor habitats created by geologic structures and structure-forming organisms are essential to the maintenance of marine biodiversity and to numerous fish species, including commercially and recreationally targeted species, which rely on them for spawning, food, and shelter from predation. (2) The diverse fish and other marine species that are associated with three-dimensional, structurally complex seafloor habitats within the exclusive economic zone of the United States-- (A) constitute valuable and renewable natural resources; (B) are an essential component of marine biodiversity; (C) contribute to the food supply, economy, and health of the United States; (D) support the economies of coastal communities; and (E) provide recreational opportunities. (3) Living organisms, such as deep-sea corals and sponges, which create complex habitat, have not been adequately studied for their potential benefit to society or for their ecological importance to fish species and other forms of marine life. (4) Scientists now recognize deep-sea corals to be as diverse as, and more widely distributed than, shallow, reef- forming tropical corals. (5) Deep-sea corals typically exhibit slow growth, extreme longevity, and highly patchy distribution, predominating along continental margins, sea mounts, and ridges. (6) Deep-sea coral habitats are subject to growing human pressures, particularly as a result of the rapid spread of deep-sea trawl fisheries into new regions and new grounds, aided by the explosive development of navigational, fish- finding, and other technologies. (7) The exceptional diversity, uniqueness, and vulnerability of deep-sea corals necessitates that their mapping and conservation be given a high priority. (8) Bottom trawling reduces habitat complexity and biological diversity by leveling geologic bedforms and by killing, removing, crushing, burying, and exposing benthic organisms, including deep-sea corals and sponges, to predators and scavengers, thereby significantly reducing their value for economically and ecologically important fishes and other marine life. The resultant reduction in biodiversity is detrimental to many commercially and recreationally important species and to the industries and people that depend on them. (9) In the past, the practice of bottom trawling was conducted mainly on soft bottom areas, and was rarely used in three-dimensional, structurally complex habitats. (10) Technological modifications to bottom trawls, including the creation of large rockhopper and roller gear and chafing gear, facilitate the use of bottom trawls in rocky and other complex marine habitats that were once refuges for fishes and other marine life. (11) The expansion in the use of bottom trawls from soft bottom areas to three-dimensional, structurally complex habitats over the past 25 years has had and continues to have significant, adverse effects on the diversity and habitat complexity of these areas, particularly on deep-sea corals and sponges which, due to their fragility, slow growth, and longevity, may take decades to centuries to recover from a single pass of a trawl. With repeated trawling in the same area, the damage may be irreversible. (12) Numerous scientific studies show that bottom trawling is especially damaging to three-dimensional, structurally complex habitats such as corals, boulder fields, sponge beds, and gravel bottoms. According to a National Research Council report, ``there is enough information currently available to support efforts to improve the management of the effects of these fishing gears on seafloor habitats.''. (National Research Council Report 2002, page 66). (13) Prohibiting the use of large rockhopper, roller, and other groundgear is a practical, precautionary, and enforceable measure to protect structurally complex, benthic marine habitats from the damaging effects of bottom trawling. SEC. 3. PROHIBITION ON USE OF LARGE FOOTROPE DEVICES ON BOTTOM TRAWL GEAR. (a) Policy and Purpose.-- (1) Policy.--It is the policy of the United States that essential fish habitat, including complexly structured bottom habitats, be protected from damage in order to protect the species that benefit from the habitat. (2) Purpose.--The purpose of this section is to restrict access of bottom trawls to complexly structured seafloor habitats, composed of geologic and biogenic structures, that are found scattered throughout the Federal exclusive economic zone. (b) Prohibition.--Section 307 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857) is amended-- (1) by inserting ``(a) In General.--'' before ``It is unlawful--''; and (2) by adding at the end the following: ``(b) Bottom Trawl Fishing.-- ``(1) Prohibition.--It is unlawful for any person to use a bottom trawl with rollers, bobbins, tires, rockhoppers, or any other devices that are affixed to the footrope (also known as the sweep) and that are in excess of 8 inches in diameter, for fishing that is subject to the jurisdiction of the United States, including fishing by a vessel of the United States beyond the equivalent of the exclusive economic zone of all countries. ``(2) Exemption of fishing in certain areas.--Paragraph (1) shall not apply to fishing in an area that is exempted by the Secretary under paragraph (3). ``(3) Exempted fishing areas.--The Secretary may exempt fishing in an area of the exclusive economic zone from the prohibition under paragraph (1) if-- ``(A) the Council having jurisdiction over the area submits to the Secretary-- ``(i) substantial evidence that-- ``(I) the area is comprised predominately of sand and mud bottom; and ``(II) the use of rollers, bobbins, or other rotating devices in excess of 8 inches in diameter that are affixed to the footrope of bottom trawl nets used for fishing in the area is necessary to prevent a significant increase from rates of bycatch of non- target managed species as of the date of the enactment of this subsection, or to provide significant other benefits; ``(ii) the specific geographic boundaries of the area; and ``(iii) a credible and effective vessel monitoring plan that would require a vessel monitoring system on board all vessels engaged in bottom trawl fishing in the area; and ``(B) the Secretary-- ``(i) determines that the evidence and plan are satisfactory; and ``(ii) issues regulations that implement the vessel monitoring plan.''. (3) Effective date.--Section 307(b)(1) of the Magnuson- Stevens Fishery Conservation and Management Act, as amended by this subsection, shall take effect upon the expiration of the 1-year period beginning on the date of the enactment of this Act, and shall apply to fishing after that period. (4) Rebuttable presumption.--Section 310(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1860(e)) is amended by adding at the end the following: ``(4) For purposes of this Act, it shall be a rebuttable presumption that any vessel that is shoreward of the outer boundary of the exclusive economic zone, or beyond the equivalent zone of all countries, and that has on board gear comprised of a trawl net with rollers, bobbins, tires, rockhoppers, or any other devices attached to the footrope of the trawl net that are in excess of 8 inches in diameter, is engaged in fishing using such gear, unless-- ``(A) the captain, master, or individual in charge of the vessel has declared to the Secretary in the manner prescribed by the Secretary in regulations, prior to the trip, his or her intention to use the gear in an area of mud or sand bottom covered by an exemption under section 307(b)(3); and ``(B) the vessel has on board a functioning vessel monitoring system required by regulations issued by the Secretary under section 307(b)(3)(B)(ii).''. SEC. 4. ASSISTANCE. (a) Gear Transition Assistance.--The Secretary of Commerce may provide to a person that is the owner of a qualified fishing vessel under subsection (d), on a one-time basis, financial assistance in an amount not to exceed $4,000 per qualified fishing vessel owned by the person, to pay for any of the following: (1) The depreciated cost of rockhoppers, rollers, tires, bobbins, or other similar devices in excess of 8 inches in diameter that are part of the fishing gear of the vessel on the date of the enactment of this Act and that are disposed of in a manner that is approved by the Secretary. (2) The cost of converting trawl nets that are part of the fishing gear of the vessel on the date of the enactment of this Act to footrope gear that is 8 inches or less in diameter. (b) Payment for Prompt Conversion.--The Secretary of Commerce may provide to a person that is the owner of a qualified fishing vessel under subsection (d) a one-time payment of $10,000, if the person, by not later than 6 months after the date of the enactment of this Act-- (1) ceases to engage in trawling; and (2) commits to not engage in fishing other than fishing exclusively with fixed gear comprised solely of any combination of fishpots, fishtraps, or hook-and-line gear. (c) Economic Assistance.-- (1) Vessel owners and crews.--The Secretary of Commerce shall, based on such factors as the Secretary considers to be relevant, provide economic assistance to-- (A) the owner of a qualified fishing vessel who-- (i) applies within 6 months after the date of the enactment of this Act, in the manner prescribed by the Secretary in regulations, to cease fishing in bottom trawl fisheries; and (ii) does not continue fishing in other fisheries; and (B) any individual who is a member of the crew of a qualified fishing vessel the owner of which applies within 6 months after the date of the enactment of this Act to cease fishing in bottom trawl fisheries. (2) Included assistance.--Economic assistance under this subsection may include-- (A) income assistance-- (i) for a period of not to exceed 2-years; and (ii) in an amount not to exceed the amount of income earned by the vessel owner or crew member, as applicable, in the taxable year preceding the date of the application for assistance that is attributable to the fishing vessel or employment on the qualified fishing vessel, as reported to the Internal Revenue Service; and (B) funds for training for nonfishery employment that the Secretary determines reasonable, for a period of not to exceed 2 years. (3) Report.--The Secretary of Commerce shall, by not later than 12 months after the date of the enactment of this Act, submit a report to the Congress estimating the costs of implementing this subsection. (d) Qualified Fishing Vessels.--A vessel shall be a qualified fishing vessel for purposes of this section if it is a vessel of the United States authorized to be used for trawl fishing by a permit under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) that is in effect on date of enactment of this Act. (e) Prohibition on Issuance of Trawl Permit.--The Secretary of Commerce shall not issue any permit that authorizes trawl fishing by an individual who receives economic assistance under this section. SEC. 5. SCIENTIFIC INFORMATION ON SEAFLOOR HABITAT. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce, in consultation with the United States Geological Survey, shall-- (1) undertake a program to collect, and make available to Regional Fishery Management Councils, information and maps on the existence, location, composition, condition, and protected status of the diverse bottom habitats of the exclusive economic zone of the United States; and (2) complete such program within 10 years after the date of the enactment of this Act. (b) Cooperation of Other Agencies and Councils.--The head of each Federal agency and each Regional Fishery Management Council shall cooperate with the Secretary to provide relevant information for purposes of this section. (c) Use of Information by Councils.--Each Regional Fishery Management Council shall use the information made available by the Secretary under subsection (a) as appropriate to make determinations otherwise required by law regarding seafloor habitats that should be protected from bottom trawling, other types of fishing gear, and other types of human impacts. (d) Reports.--The Secretary shall report to the Congress on the progress made in carrying out the program under subsection (a), by not later than 1 year after the date of the enactment of this Act and annually thereafter. SEC. 6. APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce-- (1) $8,000,000 for providing gear transition assistance under section 4(a); (2) such sums as may be necessary for-- (A) making payments under section 4(b); and (B) providing economic assistance under section 4(c); and (3) $100,000,000 for carrying out section 5.

Ocean Habitat Protection Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to prohibit the use of bottom trawls with rollers, bobbins, tires, rockhoppers, or any other device affixed to the footrope and in excess of eight inches in diameter, for fishing that is subject to the jurisdiction of the United States, including fishing by a U.S. vessel beyond the equivalent of the exclusive economic zone of all countries. Permits the Secretary of Commerce or his designee to exempt from this prohibition fishing in the exclusive economic zone if the Council having jurisdiction over the area submits to the Secretary: (1) substantial evidence that the area is composed predominately of sand and mud bottom and that the prohibited devices are necessary to prevent a significant increase from rates of bycatch of non-target managed species, or to provide other significant benefits; (2) the geographic boundaries of the area; and (3) a credible and effective vessel monitoring plan of bottom trawl fishing in the area that is adopted by the Secretary.Authorizes the Secretary to provide to the owner of a qualified fishing vessel: (1) the depreciated cost of prohibited fishing devices that are part of the fishing gear of a vessel on the date of the enactment of this Act, and are disposed of in an approved manner; (2) the cost of converting trawl nets to compliance; and (3) payment for cessation of trawling.Requires the Secretary to provide economic assistance to the owners and crew members of any qualified fishing vessel that ceases fishing in bottom trawl fisheries and does not continue fishing in other fisheries.Requires the Secretary to undertake a program to collect, and make available to Regional Fishery Management Councils, information and maps on diverse bottom habitats of the exclusive U.S. economic zone.

To protect diverse and structurally complex areas of the seafloor in the United States exclusive economic zone by establishing a maximum diameter size limit on rockhopper, roller, and all other groundgear used on bottom trawls, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Computer Software Privacy and Control Act''. SEC. 2. DEFINITIONS. As used in this Act, the following definitions apply: (1) The terms ``computer'' and ``protected computer'' have the meanings given such terms in section 1030(e) of title 18, United States Code. (2) The term ``computer software'' means a sequence of instructions written in any programming language that is stored or executed on a computer. Such term shall not include computer software that is a Web page, or data components of Web pages that are not executable independently of the Web page. (3) The term ``disable'', with regards to computer software, or a component thereof, means to permanently prevent such software or component from executing any of the functions described in section 3 that such software is otherwise capable of executing, unless the owner or operator of a protected computer takes a subsequent affirmative action to enable the execution of such functions. (4) The terms ``execute'', ``execution'', and ``executable'', when used with respect to computer software, refer to the performance of the functions or the carrying out of the instructions of the computer software. (5) The term ``first retail sale'' means the first sale of a computer, for a purpose other than resale, after the manufacture, production, or importation of the computer. For purposes of this paragraph, the lease of a computer shall be considered a sale of the computer at retail. (6) The term ``Internet'' has the meaning given such term in section 1302(6) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501(6)). (7) The term ``owner or operator'', with respect to a protected computer, shall not include any person who owns a computer prior to the first retail sale of such computer. (8) The term ``person'' has the meaning given that term in section 1030(e)(12) of title 18, United States Code. (9) The term ``personal information'' means-- (A) a first and last name; (B) a home or other physical address including street name; (C) an electronic mail address; (D) a telephone number; (E) a Social Security number; (F) a credit card or bank account number or any password or access code associated with a credit card or bank account; and (G) a birth certificate number. (10) The term ``removal utility'' means a means by which the owner or operator of a protected computer can remove, delete, or disable computer software, or a component thereof. (11) The term ``transmit'' means to transfer, send, or make available computer software, or any component thereof, via the Internet or any other medium, including local area networks of computers, other non-wire transmission, and disc or other data storage device, for the purpose of or resulting in an economic benefit to the person transferring, sending, or making available such computer software, or component thereof, derived from the transmission or execution of such software, or component thereof. Such term shall not include any action by a person providing-- (A) the Internet connection, telephone connection, or other means of transmission capability such as a compact disk or digital video disk through which the software was made available; (B) the storage or hosting of the software program or an Internet Web page through which the software was made available; or (C) an information location tool, such as a directory, index, reference, pointer, or hypertext link, through which the user of the computer located the software, unless such person receives a direct economic benefit from the execution of such software on the protected computer. (12) The term ``Web page'' means a location that has a single Uniform Resource Locator with respect to the World Wide Web or other single location with respect to the Internet. SEC. 3. UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN THE TRANSMISSION OF COMPUTER SOFTWARE. (a) Deceptive Acts Prohibited.--It is unlawful for any person knowingly to transmit to a protected computer owned or operated by another person, or transmit to a protected computer prior to the first retail sale of such computer, any computer software, or any component thereof, that-- (1) collects personal information about an owner or operator of that protected computer and transfers such information to any person other than such owner or operator; (2) monitors or analyzes the content of the Internet web pages accessed by an owner or operator of such computer and transfers information regarding the accessing of such web pages to any person other than such owner or operator; or (3) modifies default computer settings or computer settings previously selected by the owner or operator of that computer that affect-- (A) the Web page that is first displayed by computer software used to access and navigate the Internet, such as an Internet browser; (B) Internet connection settings, the modification of which can result in financial charges to the owner or operator without the owner or operator's knowledge; or (C) the actions or operations of any service offered by a provider of a service used to search the Internet, or files and data stored on the protected computer, unless, before the execution of the functions described in paragraphs (1) through (3), notice of such functions is provided to, and consent to such execution is obtained from, such owner or operator, and such software, or component thereof, includes a removal utility. (b) Requirements for Advertising Software.-- (1) Notice and consent.--It is unlawful for any person knowingly to transmit to a protected computer owned or operated by another person, or transmit to a protected computer prior to the first retail sale of such computer, any computer software, or any component thereof, that includes a function to deliver or display advertisements, unless, before the execution of such function, notice of such function is provided to, and the consent to such execution is obtained from, such owner or operator, and such software, or component thereof, includes a removal utility. (2) Software displayed as a web page.--The requirements of paragraph (1) shall apply to computer software containing a function to deliver advertisements displayed as a Web page or by other means, but shall not include software that is a Web page or a component of a Web page. (c) Knowledge Requirement.--For purposes of this section, the term ``knowingly'', used with respect to transmitting computer software, or a component thereof, means that the person transmitting has actual knowledge that the software or component transmitted has the capacity to execute any of the functions described in this section. (d) Notice and Consent Requirements.-- (1) Notice.--The notice required under subsections (a) and (b)-- (A) shall not be materially false or misleading; and (B) shall include a description of and directions for the removal utility, or instructions for the removal, deletion, or disabling of the software, or component thereof. (2) Consent.--The consent required under subsections (a) and (b) shall be contiguous to the notice required under such subsections, such that the owner or operator of the protected computer may reasonably understand the function or functions to which such consent is granted. (3) Definition.--For purposes of this subsection, the term ``materially false or misleading notice'' includes-- (A) a failure to describe any of the functions requiring notice; and (B) an unauthorized material modification to or obstruction of a notice, description, or warning provided by computer software previously stored or executed on the protected computer. SEC. 4. ENFORCEMENT. (a) Federal Trade Commission.-- (1) Unfair or deceptive act or practice.--A violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a) of the Federal Trade Commission Act (15 U.S.C. 57a(a)). (2) Actions by the commission.--The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (b) Criminal Penalties.-- (1) In general.--Section 1030(a) of title 18, United States Code, is amended-- (A) by inserting ``or'' at the end of paragraph (7); and (B) by adding at the end the following: ``(8) knowingly causes the transmission of a program, information, code, or command with the intent to obtain access without authorization or exceeding authorized access to a protected computer by means of a knowingly and materially false or misleading notice or description of function, effect, or origin of such computer software;''. (2) Definitions.--Section 1030(e) of title 18, United States Code, is amended-- (A) in paragraph (6)-- (i) by inserting ``, or to obtain further access to or control over the computer'' after ``in the computer''; and (ii) by striking ``or alter'' and inserting ``, alter, access, or control''; and (B) by adding at the end the following: ``(13) The term `knowingly and materially false or misleading notice or description' includes a knowing and material omission regarding function of program, information, code, or command that provides access to or control over a protected computer.''. (3) Penalties.--Section 1030(c)(3) of title 18, United States Code is amended-- (A) in subparagraph (A), by striking ``or (a)(7)'' and inserting ``(a)(7), or (a)(8)''; and (B) in subparagraph (B), by striking ``or (a)(7)'' and inserting ``(a)(7), or (a)(8)''. (c) State Action.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by a violation of section 3 of this Act, the State may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to-- (A) enjoin that practice; (B) enforce compliance with this Act; or (C) obtain damages, restitution, or other compensation on behalf of residents of the State. (2) Notice.-- (A) In general.--Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Federal Trade Commission-- (i) written notice of that action; and (ii) a copy of the complaint for that action. (B) Exemption.--Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before filing of the action. In such case, the attorney general of a State shall provide notice and a copy of the complaint to the Federal Trade Commission at the same time as the attorney general files the action. (3) Intervention by federal trade commission.-- (A) In general.--On receiving notice under paragraph (2), the Federal Trade Commission shall have the right to intervene in the action that is the subject of the notice. (B) Effect of intervention.--If the Federal Trade Commission intervenes in an action under subparagraph (A), it shall have the right-- (i) to be heard with respect to any matter that arises in that action; and (ii) to file a petition for appeal. (4) Construction.--For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to-- (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. (5) Preemption.--In any case in which an action is instituted by or on behalf of the Commission for a violation of section 3, no State may, during the pendency of that action, institute an action under paragraph (1) against any defendant named in the complaint in that action. (6) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (A) is an inhabitant; or (B) may be found. SEC. 5. EFFECT ON OTHER LAWS. This Act supersedes any statute, regulation, or rule of a State or political subdivision of a State that expressly regulates the transmission of computer software similar to that described in section 3. SEC. 6. LAW ENFORCEMENT REPORTING REQUIREMENTS. (a) Semiannual Reports to Congress on Transmission of Computer Software for Surveillance Activities.--Not later than 1 year after the date of enactment of this Act, and every 6 months thereafter, the Attorney General shall transmit to the Committees on the Judiciary of the Senate and of the House of Representatives a report concerning any warrant, order, or extension of an order applied for by law enforcement agencies of the Department of Justice, whose implementation involved the transmission or execution of computer software on a protected computer to record computer activity or intercept any wire, oral, or electronic communications. Such reports shall include information concerning-- (1) the type of warrant, order, or extension of an order applied for; (2) the information sought by the warrant, period of interceptions authorized by the order, and the number and duration of any extensions of the warrant or order; (3) the offense specified in the application, warrant, order, or extension of an order; (4) the identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; (5) the nature of the facilities from which or place where activities were to be recorded or communications were to be intercepted; (6) a general description of the recordings or interceptions made under such order or extension, including-- (A) the approximate nature and frequency of incriminating activities recorded or communications intercepted; (B) the approximate nature and frequency of other activities recorded or communications intercepted; (C) the approximate number of persons whose activities were recorded or communications were intercepted; (D) the number of warrants or orders in which encryption was encountered and whether such encryption prevented law enforcement from obtaining access to any information pursuant to such warrant or the plain text of communications intercepted pursuant to such order; and (E) the approximate nature, amount, and cost of the manpower and other resources used in the recordings or interceptions; (7) the number of arrests resulting from recordings or interceptions made under such warrant, order, or extension of an order, and the offenses for which arrests were made; (8) the number of trials resulting from such recordings or interceptions; (9) the number of motions to suppress made with respect to such recordings or interceptions, and the number of such motions granted or denied; (10) the number of convictions resulting from such recordings or interceptions and the offenses for which the convictions were obtained, and a general assessment of the importance of the recordings or interceptions; and (11) the specific persons authorizing the use of such computer software in the implementation of such warrant, order, or extension of an order.

Computer Software Privacy and Control Act of 2004 - Makes it unlawful for any person to transmit to a protected computer owned and operated by another person, or to transmit to such computer prior to its first retail sale, any computer software, or component thereof, that: (1) collects personal information about an owner or operator and transfers the information to any person other than such owner or operator; (2) monitors or analyzes the content of the Internet web pages accessed by a computer owner or operator and transfers that information to any person other than the owner or operator; or (3) modifies default computer settings selected by the owner or operator that affect the Web page first displayed, the Internet connection settings, or the actions or operations of any Internet search service offered by a provider of such services, unless, before any of actions above, notice is provided to, and consent is received from, such owner or operator, and such software or component includes a removal utility. Makes it unlawful for a person to transmit to a protected computer any software that includes a function to deliver or display advertisements, unless notice is provided to, and consent is received from, the owner or operator. Provides for enforcement of such prohibitions through: (1) the Federal Trade Commission; (2) criminal proceedings; or (3) State actions on behalf of its residents. Requires semiannual reports from the Attorney General to the congressional judiciary committees concerning actions on warrants or other orders applied for by law enforcement agencies whose implementation involved the transmission or execution of computer software on a protected computer to record computer activity or to intercept any wire, oral, or electronic communications.

To prevent deceptive software transmission practices in order to safeguard computer privacy, maintain computer control, and protect Internet commerce.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Shielding Against Flood Emergencies Levee Act'' or ``SAFE Levee Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) For over 60 years, the Bureau of Reclamation has used the channels and sloughs of the Sacramento-San Joaquin Delta to facilitate the delivery of water to the Federal Central Valley Project pumps located in the southern edge of the Delta. (2) The movement of water through these waterways has created stress, degradation, and weakening of the levees that are intended to protect adjacent land from flooding. (3) On July 25, 2012, the Secretary of the Interior announced details of Federal support for a proposed water project entitled the Bay Delta Conservation Plan, which calls for a dual conveyance system that would transport water around the Delta using an isolated conveyance facility, while also continuing to move water through the Delta's interior. (4) Under the Bay Delta Conservation Plan, the Bureau of Reclamation will continue to rely on the Delta and its levees to facilitate water deliveries to exporters until and after an isolated conveyance facility is built. (5) Despite the Bureau of Reclamation's vested stake in the stability of these levees, the Department of the Interior has failed to address levee stability in the Bay Delta Conservation Plan or through any other rudimentary maintenance measures. (6) To ensure that Central Valley Project water deliveries are not disrupted due to levee failure, the Bureau of Reclamation should provide financial assistance to public levee owners for maintenance and levee improvements. SEC. 3. SACRAMENTO-SAN JOAQUIN DELTA LEVEE STABILITY IMPROVEMENTS RELATED TO BUREAU OF RECLAMATION CENTRAL VALLEY PROJECT WATER DELIVERIES. Section 103 of the Calfed Bay-Delta Authorization Act (title I of Public Law 108-361; 118 Stat. 1683) is amended-- (1) in subsection (e)(2), by striking ``paragraphs (1), (2), and (4) of subsection (f)'' and inserting ``paragraphs (1), (2), (4), and (5) of subsection (f)''; and (2) in subsection (f), by adding at the end the following new paragraph: ``(5) Delta levee stability maintenance and improvements related to bureau of reclamation central valley project water deliveries.-- ``(A) Program required.--The Secretary shall establish a program to provide assistance to non- Federal interests for stability maintenance and improvement on levees within the Sacramento-San Joaquin Delta (as defined in Cal. Water Code Sec. 12220) that facilitate Bureau of Reclamation water deliveries to Central Valley Project contractors. The Secretary shall prioritize the projects for which assistance will be provided under this paragraph based on the extent to which the levees covered by the projects are necessary for Bureau of Reclamation water deliveries. ``(B) Form of assistance.--Assistance provided under this paragraph may be in the form of financial assistance for water-supply reliability related levee maintenance and improvements within the Delta. ``(C) Limitations; continued liability.--The Secretary may provide assistance for a levee stability maintenance and improvement project under this paragraph only if the levee directly facilitates deliveries of water for the Central Valley Project and is publically owned. The provision of Federal assistance shall not be construed to change liability associated with the levee. ``(D) Federal share.--The Federal share of the cost of a levee stability maintenance and improvement project under this paragraph may not exceed 50 percent of the total project costs. The assistance may be provided in the form of grants or reimbursements of project costs. ``(E) Implementation costs.--Costs associated with implementation of the program under this paragraph may be considered a reimbursable Federal expenditure allocable to Central Valley Project subunits south of the Delta that receive and benefit from water conveyed through the Delta. Such costs shall be repayable by water service contractors within those subunits. ``(F) Authorization of appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this paragraph.''. SEC. 4. EVALUATION OF BENEFITS AND COSTS OF CONVEYANCE ALTERNATIVES BEING CONSIDERED UNDER THE BAY DELTA CONSERVATION PLANNING PROCESS. (a) Benefits and Costs Analysis and Evaluation.--The Secretary of the Interior shall carry out an analysis and evaluation of the costs and benefits of options for facilitating conveyance of water deliveries to Central Valley Project contractors being considered in the Bay Delta Conservation Planning process, including at least one option that does not require the construction of one or more water conveyance tunnels. (b) Required Elements.--The analysis and evaluation under subsection (a) shall include at a minimum the following: (1) The total project costs, including environmental review, planning, design, construction, mitigation, and all related expenses, and the methods for paying those costs. (2) The expected impacts of the project on taxpayers, water ratepayers, and the general fund of the Treasury. (3) Whether the analysis of the costs and benefits determines that the direct social and environmental benefits of any proposed project or plan outweigh its social and environmental costs over the analysis period. (c) Presentation.--The analysis conducted under subsection (a) shall be displayed as either the quotient of benefits divided by costs representing the benefit to cost ratio, the difference between benefits and costs representing the net benefits, or both. The analysis shall include whether the present value of the proposed project exceeds the present value of its net benefits over the life of the project or plan. (d) Submission.--The Secretary shall report the findings of the analysis and evaluation conducted under subsection (a) to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate no later than June 30, 2013.

Shielding Against Flood Emergencies Levee Act or SAFE Levee Act - Amends the Calfed Bay-Delta Authorization Act to direct the Secretary of the Interior to: (1) establish a program to provide assistance to non-federal interests for stability maintenance and improvement on levees within the Sacramento-San Joaquin Delta that facilitate Bureau of Reclamation water deliveries to Central Valley Project (CVP) contractors, and (2) prioritize projects based on the extent to which the levees covered are necessary for Bureau water deliveries. Permits: (1) assistance to be in the form of grants or reimbursements of project costs for water-supply reliability related levee maintenance and improvements within the Delta, (2) the Secretary to provide assistance for a levee stability maintenance and improvement project only if the levee directly facilitates deliveries of water for the CVP and is publicly owned, and (3) costs associated with program implementation to be considered a reimbursable federal expenditure allocable to and repayable by CVP sub-units south of the Delta that receive and benefit from water conveyed through the Delta. Limits the federal share from exceeding 50% of the total costs of a project. Directs the Secretary to carry out an analysis and evaluation of the costs and benefits of options for facilitating conveyance of water deliveries to CVP contractors being considered in the Bay Delta Conservation Planning process, including at least one option that does not require the construction of one or more water conveyance tunnels.

To amend the Calfed Bay-Delta Authorization Act to authorize the Secretary of the Interior to provide assistance to non-Federal interests for levee stability improvements located within the Sacramento-San Joaquin Delta related to Bureau of Reclamation Central Valley Project water deliveries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmacy Technician Training and Registration Act of 2008'' or as ``Emily's Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Common pharmacy technician tasks include calling doctors to authorize prescription refills, putting medications into prescription containers, entering prescriptions into computers, typing drug labels, and, in many States, mixing drugs from raw materials, preparing intravenous solutions, and even preparing chemotherapy treatments. (2) There are few State and no Federal requirements for formal training or certification of pharmacy technicians, according to the Bureau of Labor Statistics (BLS). (3) Employment of pharmacy technicians is expected to grow much faster than the average rate for all occupations through 2014, because, according to the Bureau of Labor Statistics, as the population grows and ages demand for pharmaceuticals will increase dramatically. (4) About 7 out of 10 of pharmacy technician jobs are in retail pharmacies, grocery stores, department stores, or mass retailers, according to the Bureau of Labor Statistics. (5) About 2 out of 10 pharmacy technician jobs are in hospitals, according to the Bureau of Labor Statistics. (6) Millions of medication doses are dispensed annually at hospitals, and a February 2006 study on hospital dispensing errors by the Joint Commission Journal on Quality and Patient Safety found that pharmacists failed to detect more than 20 percent of all filling errors made by pharmacy technicians. (7) The MEDMARX Data Report released in January 2008 revealed that more than 1,400 commonly used drugs are involved in medication errors linked to drug names that look or sound alike. This study reviewed more than 26,000 records from 2003 to 2006. This result is nearly double the number of pairs that were identified in the previous report on this topic in 2004. (8) Since 1992, the Food and Drug Administration has received more than 20,000 voluntary reports of medication errors. SEC. 3. STATE PHARMACEUTICAL TECHNICIAN REGISTRATION PROGRAMS. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``Subpart XI--Pharmaceutical Technicians ``SEC. 340H. STATE PHARMACEUTICAL TECHNICIAN REGISTRATION PROGRAMS. ``(a) Grants.--The Secretary of Health and Human Services may make grants to States to establish and implement a pharmaceutical technician registration program described in subsection (b). ``(b) Registration Program Description.--A pharmaceutical technician registration program described in this subsection is a program under which-- ``(1) the State prohibits an individual from performing the duties of a pharmaceutical technician in such State unless the individual is registered by the State Board of Pharmacy to perform such duties; and ``(2) as minimum requirements for such registration, the State requires the individual-- ``(A) to have attained a secondary school diploma or its recognized equivalent; ``(B) to be certified by the Pharmacy Technician Certification Board; and ``(C) to have-- ``(i) attained an associate's degree in pharmacy technology; ``(ii) completed a course of training for pharmaceutical technicians accredited by the American Society of Health-System Pharmacists; or ``(iii) graduated from a school of pharmacy recognized by the State Board of Pharmacy. ``(c) Annual Reporting on Pharmaceutical Technician Errors.--As a condition on the receipt of a grant under this section, a State shall agree to submit an annual report to the Secretary of Health and Human Services on pharmaceutical technician errors in the State. ``(d) Transitional Period for Practicing Technicians.--A State receiving a grant under this section may provide a transitional period for individuals who began practicing as pharmaceutical technicians before the date of the enactment of this section to comply with the requirements of the registration program under this section. ``(e) Definitions.--In this section: ``(1) The term `State Board of Pharmacy' means the regulatory body empowered by the State to regulate the pharmaceutical practice, including granting registrations to and disciplining individuals and companies. ``(2) The term `pharmacy technician' means an individual who assists a pharmacist in the performance of his or her pharmacy-related duties. ``(3) The term `secondary school' has the meaning given to such term in section 9101 of the Elementary and Secondary Education Act of 1965. ``(4) The term `Secretary' means the Secretary of Health and Human Services.''. SEC. 4. SENSE OF CONGRESS. It is the sense of the Congress that State Boards of Pharmacy should strive to ensure-- (1) a ratio of 2 pharmaceutical technicians to each pharmacist in hospital settings; and (2) a ratio of 3 pharmaceutical technicians to each pharmacist in other settings, including drug stores.

Pharmacy Technician Training and Registration Act of 2008 or Emily's Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants to states to establish and implement a pharmaceutical technician registration program that requires a state to: (1) prohibit an individual from performing the duties of a pharmaceutical technician unless the individual is registered by the State Board of Pharmacy; (2) require for registration that the individual meet certain requirements related to education and training; and (3) submit an annual report to the Secretary on pharmaceutical technician errors in the state. Allows a state receiving a grant to provide a transitional period for individuals who began practicing as pharmaceutical technicians before the date of the enactment of this Act to comply with the requirements of the registration program. Expresses the sense of Congress that State Boards of Pharmacy should strive to ensure: (1) a ratio of two pharmaceutical technicians to each pharmacist in hospital settings; and (2) a ratio of three pharmaceutical technicians to each pharmacist in other settings, including drug stores.

To amend the Public Health Service Act to authorize grants to States to establish and implement programs for registering pharmaceutical technicians.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biomass Thermal Utilization Act of 2015'' or the ``BTU Act of 2015''. SEC. 2. RESIDENTIAL ENERGY-EFFICIENT PROPERTY CREDIT FOR BIOMASS FUEL PROPERTY EXPENDITURES. (a) Allowance of Credit.--Subsection (a) of section 25D of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'' at the end of paragraph (4), (2) by striking the period at the end of paragraph (5) and inserting ``, and'', and (3) by adding at the end the following new paragraph: ``(6) in the case of taxable years beginning before January 1, 2021, 30 percent of the qualified biomass fuel property expenditures made by the taxpayer during such year.''. (b) Qualified Biomass Fuel Property Expenditures.--Subsection (d) of section 25D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Qualified biomass fuel property expenditure.-- ``(A) In general.--The term `qualified biomass fuel property expenditure' means an expenditure for property-- ``(i) which uses the burning of biomass fuel to heat a dwelling unit located in the United States and used as a residence by the taxpayer, or to heat water for use in such a dwelling unit, and ``(ii) which has a thermal efficiency rating of at least 75 percent (measured by the higher heating value of the fuel). ``(B) Biomass fuel.--For purposes of this section, the term `biomass fuel' means any plant-derived fuel available on a renewable or recurring basis, including agricultural crops and trees, wood and wood waste and residues, plants (including aquatic plants), grasses, residues, and fibers. Such term includes densified biomass fuels such as wood pellets.''. (c) Effective Date.--The amendments made by this section shall apply to expenditures paid or incurred in taxable years beginning after December 31, 2015. SEC. 3. INVESTMENT TAX CREDIT FOR BIOMASS HEATING PROPERTY. (a) In General.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (vi), by inserting ``or'' at the end of clause (vii), and by inserting after clause (vii) the following new clause: ``(viii) open-loop biomass (within the meaning of section 45(c)(3)) heating property, including boilers or furnaces which operate at thermal output efficiencies of not less than 65 percent (measured by the higher heating value of the fuel) and which provide thermal energy in the form of heat, hot water, or steam for space heating, air conditioning, domestic hot water, or industrial process heat,''. (b) 30-Percent and 15-Percent Credits.-- (1) Energy percentage.-- (A) In general.--Subparagraph (A) of section 48(a)(2) of the Internal Revenue Code of 1986 is amended by redesignating clause (ii) as clause (iii) and by inserting after clause (i) the following new clause: ``(ii) except as provided in clause (i)(V), 15 percent in the case of energy property described in paragraph (3)(A)(viii), but only with respect to periods ending before January 1, 2021, and''. (B) Conforming amendment.--Subparagraph of section 48(a)(2)(A)(iii) of such Code, as so redesignated, is amended by inserting ``or (ii)'' after ``clause (i)''. (2) Increased credit for greater efficiency.--Clause (i) of section 48(a)(2)(A) of such Code is amended by striking ``and'' at the end of subclause (III) and by inserting after subclause (IV) the following new subclause: ``(V) energy property described in paragraph (3)(A)(viii) which operates at a thermal output efficiency of not less than 80 percent (measured by the higher heating value of the fuel), but only with respect to periods ending before January 1, 2021,''. (c) Effective Date.--The amendments made by this section shall apply to periods after December 31, 2015, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

Biomass Thermal Utilization Act of 2015 or the BTU Act of 2015 Amends the Internal Revenue Code to include 30% of qualified biomass fuel property expenditures made in taxable years beginning before 2021 in the residential energy efficient property tax credit. Defines "qualified biomass fuel property expenditure" as an expenditure for property which uses the burning of biomass fuel (a plant-derived fuel available on a renewable or recurring basis) to heat a dwelling used as a residence, or to heat water for use in such dwelling, and which has a thermal efficiency rating of at least 75%. Allows: (1) a 15% energy tax credit until 2021 for investment in open-loop biomass heating property, and (2) a 30% credit for boilers or furnaces that operate at thermal output efficiencies of at least 80% and provide thermal energy.

BTU Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard Technician Equity Act''. SEC. 2. TITLES 10 AND 32, UNITED STATES CODE, AMENDMENTS REGARDING NATIONAL GUARD TECHNICIANS AND RELATED PROVISIONS. (a) Authority To Employ Technician as Non-Dual Status Technician After 20 Years of Creditable Service.--Subsection (c) of section 709 of title 32, United States Code, is amended to read as follows: ``(c) A person shall have the right to be employed under subsection (a) as a non-dual status technician (as defined by section 10217 of title 10) if-- ``(1) the technician position occupied by the person has been designated by the Secretary concerned to be filled only by a non-dual status technician; or ``(2) the person occupying the technician position has at least 20 years of creditable service as a military technician (dual status).''. (b) Exception to Dual-Status Employment Condition of Membership in Selected Reserve.--Section 10216 of title 10, United States Code, is amended-- (1) in subsection (a)(1)(B), by inserting ``subject to subsection (d),'' before ``is required''; and (2) in subsection (d)(1), by striking ``Unless specifically exempted by law'' and inserting ``Except as provided in section 709(c)(2) of title 32 or as otherwise specifically exempted by law''. (c) Continued Compensation After Loss of Membership in Selected Reserve.--Subsection (e) of section 10216 of title 10, United States Code, is amended to read as follows: ``(e) Continued Compensation After Loss of Membership in Selected Reserve.--Funds appropriated for the Department of Defense may continue to be used to provide compensation to a military technician who was hired as a military technician (dual status), but who is no longer a member of the Selected Reserve.''. (d) Repeal of Permanent Limitations on Number of Non-Dual Status Technicians.--Section 10217 of title 10, United States Code, is amended by striking subsection (c). (e) Technician Restricted Right of Appeal and Adverse Actions Covered.-- (1) Rights of grievance, arbitration, appeal, and review beyond ag.--Section 709 of title 32, United States Code, is amended-- (A) in subsection (f)-- (i) in the matter preceding paragraph (1), by striking ``Notwithstanding any other provision of law and under'' and inserting ``Under''; and (ii) in paragraph (4), by striking ``a right of appeal'' and inserting ``subject to subsection (j), a right of appeal''; and (B) by adding at the end the following new subsection: ``(j)(1) Notwithstanding subsection (f)(4) or any other provision of law, a technician and a labor organization that is the exclusive representative of a bargaining unit including the technician shall have the rights of grievance, arbitration, appeal, and review extending beyond the adjutant general of the jurisdiction concerned and to the Merit Systems Protection Board and thereafter to the United States Court of Appeals for the Federal Circuit, in the same manner as provided in sections 4303, 7121, and 7701-7703 of title 5, with respect to a performance-based or adverse action imposing removal, suspension for more than 14 days, furlough for 30 days or less, or reduction in pay or pay band (or comparable reduction). ``(2) This subsection does not apply to a technician who is serving under a temporary appointment or in a trial or probationary period.''. (2) Adverse actions covered.--Section 709(g) of title 32, United States Code, is amended by striking ``7511, and 7512''. (3) Conforming amendment.--Section 7511(b) of title 5, United States Code, is amended-- (A) by striking paragraph (5); and (B) by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively. (f) Technician Seniority Rights During RIF.--Subsection (g) of section 709 of title 32, United States Code, as amended by subsection (e)(2), is amended to read as follows: ``(g) Section 2108 of title 5 does not apply to a person employed under this section.''. (g) Availability of Certain Enlistment, Reenlistment, and Student Loan Benefits for Military Technicians.--Section 10216 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(h) Eligibility for Bonuses and Other Benefits.--(1) If an individual becomes employed as a military technician (dual status) while the individual is already a member of a reserve component, the Secretary concerned may not require the individual to repay any enlistment, reenlistment, or affiliation bonus provided to the individual in connection with the individual's enlistment or reenlistment before such employment. ``(2) Even though an individual employed as a military technician (dual status) is required as a condition of that employment to maintain membership in the Selected Reserve, the individual shall not be precluded from receiving an enlistment, reenlistment, or affiliation bonus nor be denied the opportunity to participate in an educational loan repayment program under chapter 1609 of this title as an additional incentive for the individual to accept and maintain such membership''. (h) Repeal of Prohibition Against Overtime Pay for National Guard Technicians.--Section 709(h) of title 32, United States Code, is amended by striking the second sentence and inserting the following new sentence: ``The Secretary concerned shall pay a technician for irregular or overtime work at a rate equal to one and one-half times the rate of basic pay applicable to the technician, except that, at the request of the technician, the Secretary may grant the technician, instead of such pay, an amount of compensatory time off from the technician's scheduled tour of duty equal to the amount of time spent in such irregular or overtime work.''. SEC. 3. TITLE 5, UNITED STATES CODE, AMENDMENTS REGARDING NATIONAL GUARD TECHNICIANS AND RELATED PROVISIONS. (a) Lowering Retirement Age.-- (1) Amendment to fers.--Subsection (c) of section 8414 of title 5, United States Code, is amended to read as follows: ``(c)(1) Under the circumstances described in paragraph (2), an employee who is separated from service as a military technician (dual status) is entitled to an annuity if the separation is by reason of either-- ``(A) separating from the Selected Reserve; or ``(B) ceasing to hold the military grade specified by the Secretary concerned for the position involved. ``(2) Except as provided in paragraph (3), paragraph (1) applies to a military technician (dual status) who is separated-- ``(A) after completing 25 years of service as such a technician, or ``(B) after becoming 50 years of age and completing 20 years of service as such a technician. ``(3) Paragraph (1) does not apply if separation or removal is for cause on charges of misconduct or delinquency.''. (2) Amendment to csrs.--Section 8336 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(q)(1) Under the circumstances described in paragraph (2), an employee who is separated from service as a military technician (dual status) is entitled to an annuity if the separation is by reason of either-- ``(A) separating from the Selected Reserve; or ``(B) ceasing to hold the military grade specified by the Secretary concerned for the position involved. ``(2) Except as provided in paragraph (3), paragraph (1) applies to a military technician (dual status) who is separated-- ``(A) after completing 25 years of service as such a technician, or ``(B) after becoming 50 years of age and completing 20 years of service as such a technician. ``(3) Paragraph (1) does not apply if separation or removal is for cause on charges of misconduct or delinquency.''. (b) Adequate Leave Time for Military Activations.--Section 6323(a)(1) of title 5, United States Code, is amended by striking the last sentence and inserting the following new sentence: ``Leave under this subsection accrues for an employee or individual at the rate of 30 days per fiscal year and, to the extent that such leave is not used by the employee or individual during the fiscal year accrued, accumulates without limitation for use in succeeding fiscal years.''. (c) Improved Health Care Benefits.-- (1) FEHBP changes.--Subparagraph (B) of section 8906(e)(3) of title 5, United States Code, is amended to read as follows: ``(B) An employee referred to in subparagraph (A) is an employee who-- ``(i) is enrolled in a health benefits plan under this chapter; ``(ii) is a member of a reserve component of the Armed Forces; ``(iii) is placed on leave without pay or separated from service to perform the active duty or other duties described in clause (iv); and ``(iv) is called or ordered to-- ``(I) active duty in support of a contingency operation (as defined in section 101(a)(13) of title 10); ``(II) active duty for a period of more than 30 consecutive days; ``(III) active duty under section 12406 of title 10; ``(IV) perform training or other duties described under paragraph (1) or (2) of section 502(f) of title 32; or ``(V) while not in Federal service, perform duties related to an emergency declared by the chief executive of a State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.''. (2) Study and report.-- (A) In general.--Within 6 months after the date of the enactment of this Act, the Secretary of Defense and the Director of the Office of Personnel Management shall jointly conduct a study and submit to Congress a report-- (i) evaluating the feasibility of converting military technicians from FEHBP coverage to coverage provided under the TRICARE or TRICARE Reserve Select program (or both); and (ii) identifying any problems associated with the conversion of military technicians from FEHBP coverage to coverage provided under chapter 55 of title 10, United States Code, during contingency operations. (B) Definitions.--For purposes of this subsection-- (i) the term ``FEHBP coverage'' means coverage provided under chapter 89 of title 5, United States Code; and (ii) the term ``contingency operation'' has the meaning given that term in section 101(a)(13) of title 10, United States Code. SEC. 4. REDUCTION IN ELIGIBILITY AGE FOR RETIREMENT FOR NON-REGULAR SERVICE. Section 12731(f) of title 10, United States Code, is amended by striking ``60 years of age'' both places it appears and inserting ``55 years of age''.

National Guard Technician Equity Act - Provides a person the right to be employed as a non-dual status technician if: (1) the technician position has been designated to be filled only by a non-dual status technician, or (2) the person occupying the technician position has at least 20 years of service as a dual status military technician. Repeals: (1) the permanent limitation on the number of non-dual status technicians, and (2) the prohibition against overtime pay for National Guard technicians. Provides for: (1) continued compensation for a military technician who was hired as a dual status technician but who is no longer a member of the Selected Reserve; and (2) certain enlistment, reenlistment, and student loan benefits for military technicians. Provides for a technician's rights of grievance, arbitration, appeal, and review beyond the current stage of the adjutant general of the jurisdiction concerned. Makes a dual status military technician eligible for early retirement if separating from the Selected Reserve or ceasing to hold a specified military grade after: (1) completing 25 years of technician service, or (2) becoming 50 years old and completing 20 years of such service. Increases annual paid employment leave to 30 days for reserve or National Guard duty. Revises specified provisions regarding employer health plan contributions for members of a reserve component of the Armed Forces. Reduces to 55 the eligibility age for retired pay for non-regular service.

To amend titles 5, 10, and 32, United States Code, to eliminate inequities in the treatment of National Guard technicians, to reduce the eligibility age for retirement for non-Regular service, and for other purposes.

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Economic Stimulus Tax Act of 1993''. (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. REPEAL OF LIMITATION ON PASSIVE ACTIVITY LOSSES AND CREDITS. (a) In General.--Section 469 (relating to passive activity losses and credits limited) is hereby repealed. (b) Conforming Amendment.--The table of sections for subpart C of part II of subchapter E of chapter 1 is amended by striking the item relating to section 469. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 3. ACCELERATED DEPRECIATION SCHEDULE FOR REAL ESTATE. (a) In General.--Paragraph (1) of section 168(c) (relating to applicable recovery period) is amended by striking the items relating to residential rental property and nonresidential real property and inserting the following: ``Residential rental property................ 15 years Nonresidential real property................. 18 years''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 1993. SEC. 4. RESTORATION OF 10-PERCENT INVESTMENT TAX CREDIT. (a) Allowance of Credit.--Section 46 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(4) the general investment credit.'' (b) Amount of Credit.--Section 48 is amended by adding at the end thereof the following new subsection: ``(c) General Investment Credit.-- ``(1) In general.--For purposes of section 46, the general investment credit for any taxable year is an amount equal to 10 percent of the qualified investment for such taxable year. ``(2) Qualified investment.-- ``(A) In general.--For purposes of paragraph (1), the qualified investment for any taxable year is the aggregate of-- ``(i) the applicable percentage of the basis of each new section 38 property placed in service by the taxpayer during such taxable year, plus ``(ii) the applicable percentage of the cost of each used section 38 property placed in service by the taxpayer during such taxable year. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage for any property shall be determined under paragraphs (2) and (7) of section 46(c) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). ``(C) Certain rules made applicable.--The provisions of subsections (b) and (c) of section 48 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this paragraph. ``(3) Section 38 property.--For purposes of this subsection, the term `section 38 property' means-- ``(A) tangible personal property (other than an air conditioning or heating unit), or ``(B) other tangible property (not including a building and its structural components) but only if such property-- ``(i) is used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services, or ``(ii) constitutes a research facility used in connection with any of the activities referred to in clause (i), or ``(iii) constitutes a facility used in connection with any of the activities referred to in clause (i) for the bulk storage of fungible commodities (including commodities in a liquid or gaseous state), or ``(C) elevators and escalators, but only if-- ``(i) the construction, reconstruction, or erection of the elevator or escalator is completed by the taxpayer, or ``(ii) the original use of such elevator or escalator commences with the taxpayer, or ``(D) single purpose agricultural or horticultural structures; or ``(E) a storage facility (not including a building and its structural components) used in connection with the distribution of petroleum or any primary product of petroleum. Such term includes only property to which section 168 applies without regard to any useful life and any other property with respect to which depreciation (or amortization in lieu of depreciation) is allowable and having a useful life (determined as of the time such property is placed in service) of 3 years or more. ``(4) Coordination with other credits.--This subsection shall not apply to any property to which the energy credit or rehabilitation credit would apply unless the taxpayer elects to waive the application of such credits to such property. ``(5) Certain progress expenditure rules made applicable.-- Rules similar to rules of subsection (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection.'' (c) Technical Amendments.-- (1) Subparagraph (C) of section 49(a)(1) is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end thereof the following new clause: ``(iv) the basis of any new section 38 property and the cost of any used section 38 property.'' (2) Subparagraph (E) of section 50(a)(2) is amended by inserting ``or 48(c)(5)'' before the period at the end thereof. (3) Paragraph (5) of section 50(a) is amended by adding at the end thereof the following new subparagraph: ``(D) Special rules for certain property.--In the case of any section 38 property which is 3-year property (within the meaning of section 168(e))-- ``(i) the percentage set forth in clause (ii) of the table contained in paragraph (1)(B) shall be 66 percent, ``(ii) the percentage set forth in clause (iii) of such table shall be 33 percent, and ``(iii) clauses (iv) and (v) of such table shall not apply.'' (4)(A) The section heading for section 48 is amended to read as follows: ``SEC. 48. OTHER CREDITS.'' (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.'' (d) Effective Date.--The amendments made by this section shall apply to periods after the date of the enactment of this Act under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 5. 50 PERCENT DEDUCTION FOR CERTAIN CAPITAL GAINS. (a) Taxpayers Other Than Corporations.--Part I of subchapter P of chapter 1 (relating to treatment of capital gains) is amended by adding at the end the following new section: ``SEC. 1202. DEDUCTION FOR CERTAIN CAPITAL GAINS. ``(a) General Rule.--If for any taxable year a taxpayer other than a corporation has a qualified net capital gain, there shall be allowed as a deduction from gross income an amount equal to 50 percent of the qualified net capital gain. ``(b) Qualified Net Capital Gain.--For purposes of this section-- ``(1) In general.--The term `qualified net capital gain' means the lesser of-- ``(A) the net capital gain for the taxable year, or ``(B) the net capital gain for the taxable year determined by taking into account only gain or loss from qualified assets. ``(2) Qualified assets.--The term `qualified asset' means any property with a holding period of at least 1 year at the time of disposition, other than-- ``(A) stock or securities for which there is a market on an established securities market or otherwise, and ``(B) property (other than stock or securities) of a kind regularly traded on an established market. ``(c) Estates and Trusts.--In the case of an estate or trust, the deduction under subsection (a) shall be computed by excluding the portion (if any) of the gains for the taxable year from sales or exchanges of capital assets which, under section 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts), is includible by the income beneficiaries as gain derived from the sale or exchange of capital assets.'' (b) Corporations.--Section 1201 (relating to alternative tax for corporations) is amended by redesignating subsection (b) as subsection (c) and by inserting after subsection (a) the following new subsection: ``(b) Deduction for Certain Capital Gains.-- ``(1) In general.--If for any taxable year a corporation has a qualified net capital gain, there shall be allowed as a deduction from gross income an amount equal to 50 percent of the qualified net capital gain. ``(2) Qualified net capital gain.--For purposes of this subsection, the term `qualified net capital gain' has the meaning given such term in section 1202(b).'' (c) Conforming Amendments.-- (1)(A) Subsection (h) of section 1 is amended by inserting after ``net capital gain'' each place it appears the following: ``(other than qualified net capital gain (within the meaning of section 1202(b))''. (B) Subsection (a) of section 1201 is amended by inserting after ``net capital gain'' each place it appears the following: ``(other than qualified net capital gain (within the meaning of section 1202(b))''. (2) Subsection (a) of section 62 is amended by adding at the end the following new paragraph: ``(15) Qualified net capital gains.--The deduction allowed by section 1202.'' (3)(A) The heading for section 1201 is amended to read as follows: ``SEC. 1201. ALTERNATIVE TAX FOR CORPORATIONS; DEDUCTION FOR CERTAIN CAPITAL GAINS.'' (B) The item relating to section 1201 in the table of sections for part I of subchapter P of chapter 1 is amended to read as follows: ``Sec. 1201. Alternative tax for corporations; deduction for certain capital gains.'' (4) The table of sections for part I of subchapter P of chapter 1 is amended by adding at the end the following new item: ``Sec. 1202. Deduction for certain capital gains.'' (d) Effective Date.--The amendments made by this section shall apply to sales and exchanges after the date of the enactment of this Act. SEC. 6. INCREASE IN DEDUCTIBLE HEALTH INSURANCE COSTS FOR SELF-EMPLOYED INDIVIDUALS. (a) Deduction Made Permanent.-- (1) In general.--Subsection (l) of section 162 (relating to special rules for health insurance costs of self-employed individuals) is amended by striking paragraph (6). (2) Conforming amendment.--Subsection (a) of section 110 of the Tax Extension Act of 1991 is amended by striking paragraph (2). (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 1991. (b) Deduction Increased to 100 Percent.-- (1) In general.--Paragraph (1) of section 162(l) is amended by striking ``25 percent'' and inserting ``100 percent''. (2) Effective date.--The amendment made by paragraph (1) shall apply to taxable years beginning after December 31, 1992. SEC. 7. RESTORATION OF INCOME AVERAGING. (a) In General.--Section 141 of the Tax Reform Act of 1986 (and the amendments made by such section) are hereby repealed, and the Internal Revenue Code of 1986 shall be applied and administered as if such section (and amendments) had not been enacted. (b) Effective Date.--The repeal made by this section shall apply to taxable years beginning after December 31, 1993. SEC. 8. MODIFICATIONS IN SOCIAL SECURITY TAXES. (a) Removal of Ceiling on Wages Subject to Tax.-- (1) FICA taxes.-- (A) Section 3121(a) (defining wages) is amended by striking paragraph (1). (B) Section 3121 is amended by striking subsection (x) (relating to applicable contribution base). (2) SECA tax.-- (A) Section 1402(b) (defining self-employment income) is amended-- (i) in the 1st sentence, by striking paragraph (1), and (ii) by striking the 2d sentence. (B) Section 1402 is amended by striking subsection (k) (relating to applicable contribution base). (b) Reduction in Social Security Taxes.-- (1) Employee tax.--Subsection (a) of section 3101 (relating to rate of tax on employees) is amended to read as follows: ``(a) Old-Age, Survivors, and Disability Insurance.--In addition to other taxes, there is hereby imposed on the income of every individual a tax equal to 4.55 percent of the wages (as defined in section 3121(a)) received by the individual with respect to employment (as defined in section 3121(b)).'' (2) Employer tax.--Subsection (a) of section 3111 (relating to rate of tax on employers) is amended to read as follows: ``(a) Old-Age, Survivors, and Disability Insurance.--In addition to other taxes, there is hereby imposed on every employer an excise tax equal to 4.55 percent of the wages (as defined in section 3121(a)) paid by the employer with respect to employment (as defined in section 3121(b)).'' (3) Self-employment tax.--Subsection (a) of section 1401 (relating to rate of tax on self-employment income) is amended to read as follows: ``(a) Old-Age, Survivors, and Disability Insurance.--In addition to other taxes, there is hereby imposed for each taxable year, on the self-employment income of every individual, a tax equal to 6.82 percent of the amount of the self-employment income for the taxable year.'' (c) Conforming Amendments.-- (1)(A) Paragraphs (2) and (3) of section 3121(i) (relating to computation of wages in certain cases) are each amended by striking ``, subject to the provisions of subsection (a)(1) of this section,''. (B) Paragraph (4) of section 3121(i) is amended by striking ``, subject to the provisions of subsection (a)(1),''. (C) Section 3121(s) (relating to concurrent employment by 2 or more employers) is amended by striking ``3102, 3111, and 3121(a)(1)'' and inserting ``3102 and 3111''. (2) Section 3122 (relating to Federal service) is amended by striking the 3d sentence. (3) Subsections (a), (b), (c), and (d) of section 3125 (relating to returns in the case of governmental employees in the States, Guam, American Samoa, and the District of Columbia) are each amended by striking the last sentence. (4)(A) Clause (i) of section 3231(e)(2)(A) is amended by striking ``The'' and inserting ``In the case of the taxes imposed by sections 3201(b), 3211(a)(2), and 3221(b), the''. (B) Subparagraph (B) of section 3231(e)(2) is amended to read as follows: ``(B) Applicable base.--For purposes of subparagraph (A), the term `applicable base' means for any calendar year the contribution and benefit base determined under section 230 of the Social Security Act for such calendar year; except that, for such purposes and for purposes of computing average monthly compensation under section 3(j) of the Railroad Retirement Act of 1974 (except with respect to annuity amounts determined under subsection (a) or (f)(3) of section 3 of such Act), clause (2) of the first sentence, and the second sentence, of section 230(c) of the Social Security Act shall be disregarded.'' (C) Subparagraph (C) of section 3231(e)(2) (defining compensation for purposes of railroad retirement tax) is amended by inserting after ``employers)'' the following: ``, as such section was in effect immediately before its repeal by the Farm and Small Business Tax Equity Act of 1993,''. (D) The heading of paragraph (2) of section 3231(e) is amended by striking ``bases'' and inserting ``base to tier 2 taxes''. (5) Section 6413 is amended by striking subsection (c) (relating to special refunds for employees receiving wages from more than 1 employer). (6) Section 230(c) of the Social Security Act (42 U.S.C. 430(c)) is amended by striking ``and sections 1402, 3121, 3122, 3125, 6413, and 6654 of the Internal Revenue Code of 1954''. (d) Effective Date.--The amendments made by this section shall apply with respect to remuneration paid after December 31, 1993, and with respect to earnings from self-employment attributable to taxable years beginning after such date. HR 912 IH----2

Economic Stimulus Tax Act of 1993 - Amends the Internal Revenue Code (IRC) to repeal the limitation on passive activity losses and credits. Shortens the recovery period (providing for accelerated depreciation) for residential rental property and nonresidental real property. Restores the ten-percent general investment tax credit. Allows individuals and corporations a deduction of 50 percent of the net capital gain from assets held for at least one year. Increases the deduction for health insurance costs for self-employed individuals from 25 percent to 100 percent. Makes such deduction permanent. Repeals the Tax Reform Act of 1986 to restore IRC provisions relating to income averaging. Removes the ceiling on wages subject to social security taxes and provides a reduction in such taxes.

Economic Stimulus Tax Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Zero Chlorine Discharge Act''. SEC. 2. ZERO DISCHARGE OF TOXIC PERSISTENT AND BIOACCUMULATIVE SUBSTANCES. (a) Findings.--Congress finds the following: (1) Substances that persist or bioaccumulate, or both, in the environment build to higher and higher concentration over time, reaching their greatest levels in the tissues of species high on the food chain, including humans. (2) Toxic substances that persist or bioaccumulate, or both, in the environment are biologically active in infinitesimal quantities, causing reproductive failure, birth defects, developmental impairment, hormonal disruption, behavioral disorders, immune suppression, and cancer at low doses, and mixtures of these substances may cause these effects at even lower doses. (3) Regulatory approaches that permit even limited production and discharge of toxic substances that persist or bioaccumulate, or both, in the environment result in the accumulation of these substances in the environment and food chain over time and subsequent damage to the health of humans and other species. (4) The most favored method of preventing the continued contamination of the environment from persistent or bioaccumulative toxic substances is to phaseout their production and use over time and to replace these substances or the processes that produce them, or both, with safer alternatives. (5) Among the persistent and bioaccumulative toxic substances of greatest concern are organochlorines discharged in the production of pulp and paper as a result of the use of chlorine or any other chlorinated oxidizing agent in the pulp and paper manufacturing process. (6) The Great Lakes Water Quality Agreement between the United States and Canada concludes that ``the discharge of toxic substances in toxic amounts be prohibited and the discharge of any or all persistent toxic substances be virtually eliminated''. (7) In the Sixth Biennial Report on Great Lakes Water Quality, the International Joint Commission on Great Lakes Water Quality concluded as follows: ``The concepts of virtual elimination and zero discharge are consistent and a clear statement or direction to take to achieve the Agreement's purpose. The overall strategy or aim regarding persistent toxic substances is virtual elimination, and the tactic or method to be used to achieve the aim is through zero input or discharge of those substances created as a result of human activity.''. (b) Zero Discharge of Organochlorine Compounds, Byproducts, and Metabolites.--Title III of the Federal Water Pollution Control Act (33 U.S.C. 1311-1330) is amended by adding at the end the following: ``SEC. 321. DISCHARGE OF ORGANOCHLORINE COMPOUNDS, BYPRODUCTS, AND METABOLITES. ``(a) Zero Discharge.-- ``(1) Requirement for pulp and paper manufacturing facilities.--Effective 5 years after the date of the enactment of this section, each pulp and paper manufacturing facility shall achieve zero discharge into the navigable waters of organochlorine compounds, byproducts, and metabolites formulated as a result of the use of chlorine or any other chlorinated oxidizing agent in the pulp and paper manufacturing process. ``(2) Permits.-- ``(A) Compliance with zero discharge requirement.-- Effective 5 years after the date of the enactment of this section, any permit issued under section 402 by the Administrator or a State (in the case of a State with an approved permit program under section 402(b)) to a pulp and paper manufacturing facility that uses chlorine or any other chlorinated oxidizing agent shall require compliance with the zero discharge requirement set forth in paragraph (1). ``(B) Applicability.--Subparagraph (A) shall apply to any permit issued on, before, or after the date of the enactment of this section. ``(b) Safe Alternatives Assistance.-- ``(1) Evaluation of alternatives; report.--Not later than 1 year after the date of the enactment of this section, the Administrator shall-- ``(A) evaluate alternatives to the use of organochlorines in the manufacturing of pulp and paper; and ``(B) publish a report on the transfer of technology in the pulp and paper industry from organochlorine to chlorine-free technology as a model for pollution prevention. ``(2) Technical information and support.--Not later than 18 months after the date of the enactment of this section, the Administrator shall begin providing technical information and support to assist permit applicants in the use of alternatives to organochlorine compounds in the production of pulp and paper. ``(c) Report to Congress on Organochlorine Zero Discharge Candidates.-- ``(1) Study and report.--The Administrator shall-- ``(A) conduct a study on nonpoint sources and industrial discharges of organochlorine compounds and their byproducts and metabolites into the navigable waters; and ``(B) transmit to Congress a report containing the results of the study not later than 18 months after the date of the enactment of this section ``(2) Contents of report.--The report to be transmitted under paragraph (1) shall contain, at a minimum, the following: ``(A) A listing of all types or categories of nonpoint sources and industrial discharges of organochlorine compounds and their byproducts and metabolites into the navigable waters. ``(B) A listing of the annual quantities of each organochlorine compound discharged into the navigable waters nationally and by permitted facility, together with a list of each permitted facility's location and quantities of combined organochlorine compound discharges into the navigable waters. ``(C) Recommendations for achieving a zero discharge policy for important categories of organochlorine pollution sources. ``(3) Advisory panel.-- ``(A) Establishment.--The Administrator shall convene an advisory panel to assist the Administrator in developing recommendations under paragraph (3)(C). ``(B) Membership.--The panel shall consist of 15 members, including-- ``(i) at least 1 independent expert in each of the fields of public health, occupational health, technology change, toxics use reduction, and ecology; ``(ii) 2 affected citizens; and ``(iii) technical and policy experts from industry, labor, and public interest groups and State environmental agencies. ``(C) Public hearings and comments.--The advisory panel shall conduct public hearings and solicit public and expert comments in assisting the Administrator under this paragraph. ``(d) Zero Discharge Defined.--For the purposes of this section, the term `zero discharge' means absolutely no output or release, including nonpoint source output or release, into water. The term `zero discharge' does not mean a less than detectable output or release.''.

Zero Chlorine Discharge Act - Amends the Federal Water Pollution Control Act to require pulp and paper manufacturing facilities to achieve zero discharge into the navigable waters of organochlorine compounds, byproducts, or metabolites formulated as a result of the use of chlorine or any other chlorinated oxidizing agent in the pulp and paper manufacturing process. Requires permits for paper and pulp mills which use chlorine or chlorinated oxidizing agents to require compliance with the zero discharge requirement. Directs the Administrator of the Environmental Protection Agency to: (1) evaluate alternatives to the use of organochlorines in pulp and paper manufacturing and to publish a report on the transfer to chlorine-free technology in the pulp and paper industry as a model for pollution prevention; (2) provide technical information and support to assist permit applicants in the use of such alternatives; (3) study and report to the Congress on nonpoint sources and industrial discharges of organochlorine compounds and their byproducts and metabolites into navigable waters; and (4) convene an advisory panel to assist in developing recommendations for achieving a zero discharge policy for organochlorine pollution sources.

Zero Chlorine Discharge Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Currency Reform for Fair Trade Act''. SEC. 2. CLARIFICATION REGARDING DEFINITION OF COUNTERVAILABLE SUBSIDY. (a) Benefit Conferred.--Section 771(5)(E) of the Tariff Act of 1930 (19 U.S.C. 1677(5)(E)) is amended-- (1) in clause (iii), by striking ``and'' at the end; (2) in clause (iv), by striking the period at the end and inserting ``, and''; and (3) by inserting after clause (iv) the following new clause: ``(v) in the case in which the currency of a country in which the subject merchandise is produced is exchanged for foreign currency obtained from export transactions, and the currency of such country is a fundamentally undervalued currency, as defined in paragraph (37), the difference between the amount of the currency of such country provided and the amount of the currency of such country that would have been provided if the real effective exchange rate of the currency of such country were not undervalued, as determined pursuant to paragraph (38).''. (b) Export Subsidy.--Section 771(5A)(B) of the Tariff Act of 1930 (19 U.S.C. 1677(5A)(B)) is amended by adding at the end the following new sentence: ``In the case of a subsidy relating to a fundamentally undervalued currency, the fact that the subsidy may also be provided in circumstances not involving export shall not, for that reason alone, mean that the subsidy cannot be considered contingent upon export performance.''. (c) Definition of Fundamentally Undervalued Currency.--Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by adding at the end the following new paragraph: ``(37) Fundamentally undervalued currency.--The administering authority shall determine that the currency of a country in which the subject merchandise is produced is a `fundamentally undervalued currency' if-- ``(A) the government of the country (including any public entity within the territory of the country) engages in protracted, large-scale intervention in one or more foreign exchange markets during part or all of the 18-month period that represents the most recent 18 months for which the information required under paragraph (38) is reasonably available, but that does not include any period of time later than the final month in the period of investigation or the period of review, as applicable; ``(B) the real effective exchange rate of the currency is undervalued by at least 5 percent, on average and as calculated under paragraph (38), relative to the equilibrium real effective exchange rate for the country's currency during the 18-month period; ``(C) during the 18-month period, the country has experienced significant and persistent global current account surpluses; and ``(D) during the 18-month period, the foreign asset reserves held by the government of the country exceed-- ``(i) the amount necessary to repay all debt obligations of the government falling due within the coming 12 months; ``(ii) 20 percent of the country's money supply, using standard measures of M2; and ``(iii) the value of the country's imports during the previous 4 months.''. (d) Definition of Real Effective Exchange Rate Undervaluation.-- Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677), as amended by subsection (c) of this section, is further amended by adding at the end the following new paragraph: ``(38) Real effective exchange rate undervaluation.--The calculation of real effective exchange rate undervaluation, for purposes of paragraph (5)(E)(v) and paragraph (37), shall-- ``(A)(i) rely upon, and where appropriate be the simple average of, the results yielded from application of the approaches described in the guidelines of the International Monetary Fund's Consultative Group on Exchange Rate Issues; or ``(ii) if the guidelines of the International Monetary Fund's Consultative Group on Exchange Rate Issues are not available, be based on generally accepted economic and econometric techniques and methodologies to measure the level of undervaluation; ``(B) rely upon data that are publicly available, reliable, and compiled and maintained by the International Monetary Fund or, if the International Monetary Fund cannot provide the data, by other international organizations or by national governments; and ``(C) use inflation-adjusted, trade-weighted exchange rates.''. SEC. 3. REPORT ON IMPLEMENTATION OF ACT. (a) In General.--Not later than 9 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the implementation of the amendments made by this Act. (b) Matters To Be Included.--The report required by subsection (a) shall include a description of the extent to which United States industries that have been materially injured by reason of imports of subject merchandise produced in foreign countries with fundamentally undervalued currencies have received relief under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), as amended by this Act. SEC. 4. APPLICATION TO GOODS FROM CANADA AND MEXICO. Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act of 1993 (19 U.S.C. 3438), the amendments made by section 2 of this Act shall apply to goods from Canada and Mexico.

Currency Reform for Fair Trade Act Amends the Tariff Act of 1930 to include as a "countervailable subsidy" requiring action under a countervailing duty or antidumping duty proceeding the benefit conferred on merchandise imported into the United States from foreign countries with fundamentally undervalued currency. Defines "benefit conferred," in cases where the currency of a foreign country is exchanged for foreign currency (i.e., U.S. dollars) obtained from export transactions, as the difference between: (1) the amount of currency provided by a foreign country in which the subject merchandise is produced, and (2) the amount of currency such country would have provided if the real effective exchange rate of its currency were not fundamentally undervalued. Declares that the fact that such a subsidy is also provided in circumstances not involving export shall not, for that reason alone, mean it cannot be considered export contingent and actionable under a countervailing duty and antidumping duty proceeding. Requires the administering authority to determine that the currency of a foreign country is fundamentally undervalued if for an 18-month period: (1) the government of the country engages in protracted, large-scale intervention in one or more foreign exchange markets; (2) the country's real effective exchange rate is undervalued by at least 5%; (3) the country has experienced significant and persistent global current account surpluses; and (4) the country's government has foreign asset reserves exceeding the amount necessary to repay all its debt obligations falling due within the coming 12 months, 20% percent of the country's money supply, and the value of the country's imports during the previous 4 months. Requires the use, for calculating a country's "real effective exchange rate undervaluation," of certain guidelines of the Consultative Group on Exchange Rate Issues of the International Monetary Fund or, if those guidelines are not available, generally accepted economic and econometric techniques and methodologies. Requires the use, also, of inflation-adjusted, trade-weighted exchange rates. Applies the amendments made by this Act to goods from Canada and Mexico.

Currency Reform for Fair Trade Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Birth Defects Prevention, Risk Reduction, and Awareness Act of 2010''. SEC. 2. BIRTH DEFECTS PREVENTION, RISK REDUCTION, AND AWARENESS. (a) In General.--The Secretary shall establish and implement a birth defects prevention and public awareness program, consisting of the activities described in subsections (c) and (d). (b) Definitions.--In this Act: (1) The term ``organization'' means an organization with a demonstrated ability to provide, and experience providing, specialized information on prenatal exposures and breastfeeding exposures with oversight by a licensed health care provider. (2) The term ``pregnancy and breastfeeding information services'' includes only-- (A) information services to provide accurate, evidence-based, clinical information regarding maternal exposures during pregnancy that may be associated with birth defects or other health risks, such as exposures to medications, chemicals, infections, foodborne pathogens, illnesses, nutrition, or lifestyle factors; (B) information services to provide accurate, evidence-based, clinical information regarding maternal exposures during breastfeeding that may be associated with health risks to a breast-fed infant, such as exposures to medications, chemicals, infections, foodborne pathogens, illnesses, nutrition, or lifestyle factors; (C) the provision of accurate, evidence-based information weighing risks of exposures during breastfeeding against benefits of breastfeeding; and (D) the provision of information described in subparagraph (A), (B), or (C) through counselors, Web sites, fact sheets, telephonic or electronic communication, community outreach efforts, or other appropriate means. (3) The term ``Secretary'' means the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention. (c) Nationwide Media Campaign.--In carrying out subsection (a), the Secretary shall conduct or support a nationwide media campaign to increase awareness among health care providers and at-risk populations about pregnancy and breastfeeding information services. (d) Grants for Pregnancy and Breastfeeding Information Services.-- (1) In general.--In carrying out subsection (a), the Secretary shall award grants to organizations for any of the following: (A) Information services.--The provision of, or campaigns to increase awareness about, pregnancy and breastfeeding information services. (B) Surveillance and research.--The conduct or support of-- (i) surveillance of, or research on-- (I) maternal exposures that may influence the risk of birth defects, prematurity, or other adverse pregnancy outcomes; and (II) maternal exposures that may influence health risks to a breastfed infant; or (ii) networking to facilitate surveillance or research described in this subparagraph. (2) Preference for certain organizations in certain states.--The Secretary, in making any grant under this subsection, shall give preference to organizations, otherwise equally qualified, operating in States that have or had a pregnancy and breastfeeding information service in place on or after January 1, 2006. (3) Matching funds.--The Secretary may award a grant under this subsection only to an organization that agrees, with respect to the costs to be incurred in carrying out the grant activities, to make available (directly or through donations from public or private entities) non-Federal funds toward such costs in an amount that is not less than 25 percent of the amount of the grant. (4) Coordination.--The Secretary shall ensure that activities funded through a grant under this subsection are coordinated, to the maximum extent practicable, with other birth defects prevention and environmental health activities of the Federal Government, including with respect to pediatric environmental health specialty units and children's environmental health centers. (e) Evaluation.--In furtherance of the program under subsection (a), the Secretary shall provide for an evaluation of pregnancy and breastfeeding information services to identify efficient and effective models of-- (1) providing information; (2) raising awareness and increasing knowledge about birth defects prevention measures; (3) modifying risk behaviors; or (4) other outcome measures as determined appropriate by the Secretary. (f) Authorization of Appropriations.--To carry out this Act, there are authorized to be appropriated $5,000,000 for fiscal year 2011, $6,000,000 for fiscal year 2012, $7,000,000 for fiscal year 2013, $8,000,000 for fiscal year 2014, and $9,000,000 for fiscal year 2015.

Birth Defects Prevention, Risk Reduction, and Awareness Act of 2010 - Requires the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to establish and implement a birth defects prevention and public awareness program, which includes: (1) a nationwide media campaign to increase awareness among health care providers and at-risk populations about pregnancy and breastfeeding information services; (2) grants for the provision of, or campaigns to increase awareness about, pregnancy and breastfeeding information services; and (3) grants for the conduct or support of surveillance of or research on maternal exposures that may influence the risk of adverse pregnancy outcomes and maternal exposures that may influence health risks to a breastfed infant, or of networking to facilitate such surveillance or research.

A bill to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to establish and implement a birth defects prevention, risk reduction, and public awareness program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserve Access to Affordable Generics Act''. SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES. (a) Findings.--The Congress finds that-- (1) prescription drugs make up 11 percent of the national health care spending but are 1 of the largest and fastest growing health care expenditures; (2) 56 percent of all prescriptions dispensed in the United States are generic drugs, yet they account for only 13 percent of all expenditures; (3) generic drugs, on average, cost 63 percent less than their brand-name counterparts; (4) consumers and the health care system would benefit from free and open competition in the pharmaceutical market and the removal of obstacles to the introduction of generic drugs; (5) full and free competition in the pharmaceutical industry, and the full enforcement of antitrust law to prevent anticompetitive practices in this industry, will lead to lower prices, greater innovation, and inure to the general benefit of consumers; (6) the Federal Trade Commission has determined that some brand name pharmaceutical manufacturers collude with generic drug manufacturers to delay the marketing of competing, low- cost, generic drugs; (7) collusion by the brand name pharmaceutical manufacturers is contrary to free competition, to the interests of consumers, and to the principles underlying antitrust law; (8) in 2005, 2 appellate court decisions reversed the Federal Trade Commission's long-standing position, and upheld settlements that include pay-offs by brand name pharmaceutical manufacturers to generic manufacturers designed to keep generic competition off the market; (9) in the 6 months following the March 2005 court decisions, the Federal Trade Commission found there were three settlement agreements in which the generic received compensation and agreed to a restriction on its ability to market the product; (10) the Federal Trade Commission found that more than \2/ 3\ of the approximately ten settlement agreements made in 2006 include a pay-off from the brand in exchange for a promise by the generic company to delay entry into the market; and (11) settlements which include a payment from a brand name manufacturer to a generic manufacturer to delay entry by generic drugs are anti-competitive and contrary to the interests of consumers. (b) Purposes.--The purposes of this Act are-- (1) to enhance competition in the pharmaceutical market by prohibiting anticompetitive agreements and collusion between brand name and generic drug manufacturers intended to keep generic drugs off the market; (2) to support the purpose and intent of antitrust law by prohibiting anticompetitive agreements and collusion in the pharmaceutical industry; and (3) to clarify the law to prohibit payments from brand name to generic drug manufacturers with the purpose to prevent or delay the entry of competition from generic drugs. SEC. 3. UNLAWFUL COMPENSATION FOR DELAY. The Clayton Act (15 U.S.C. 12 et seq.) is amended-- (1) by redesignating section 28 as section 29; and (2) by inserting after section 27 the following: ``SEC. 28. UNLAWFUL INTERFERENCE WITH GENERIC MARKETING. ``(a) It shall be unlawful under this Act for any person, in connection with the sale of a drug product, to directly or indirectly be a party to any agreement resolving or settling a patent infringement claim which-- ``(1) an ANDA filer receives anything of value; and ``(2) the ANDA filer agrees not to research, develop, manufacture, market, or sell the ANDA product for any period of time. ``(b) Nothing in this section shall prohibit a resolution or settlement of patent infringement claim in which the value paid by the NDA holder to the ANDA filer as a part of the resolution or settlement of the patent infringement claim includes no more than the right to market the ANDA product prior to the expiration of the patent that is the basis for the patent infringement claim. ``(c) In this section: ``(1) The term `agreement' means anything that would constitute an agreement under section 1 of the Sherman Act (15 U.S.C. 1) or section 5 of the Federal Trade Commission Act (15 U.S.C. 45). ``(2) The term `agreement resolving or settling a patent infringement claim' includes, any agreement that is contingent upon, provides a contingent condition for, or is otherwise related to the resolution or settlement of the claim. ``(3) The term `ANDA' means an abbreviated new drug application, as defined under section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)). ``(4) The term `ANDA filer' means a party who has filed an ANDA with the Federal Drug Administration. ``(5) The term `ANDA product' means the product to be manufactured under the ANDA that is the subject of the patent infringement claim. ``(6) The term `drug product' means a finished dosage form (e.g., tablet, capsule, or solution) that contains a drug substance, generally, but not necessarily, in association with 1 or more other ingredients, as defined in section 314.3(b) of title 21, Code of Federal Regulations. ``(7) The term `NDA' means a new drug application, as defined under section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)). ``(8) The term `NDA holder' means-- ``(A) the party that received FDA approval to market a drug product pursuant to an NDA; ``(B) a party owning or controlling enforcement of the patent listed in the Approved Drug Products With Therapeutic Equivalence Evaluations (commonly known as the `FDA Orange Book') in connection with the NDA; or ``(C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subclauses (i) and (ii) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. ``(9) The term `patent infringement' means infringement of any patent or of any filed patent application, extension, reissue, renewal, division, continuation, continuation in part, reexamination, patent term restoration, patents of addition and extensions thereof. ``(10) The term `patent infringement claim' means any allegation made to an ANDA filer, whether or not included in a complaint filed with a court of law, that its ANDA or ANDA product may infringe any patent held by, or exclusively licensed to, the NDA holder of the drug product.''. SEC. 4. NOTICE AND CERTIFICATION OF AGREEMENTS. (a) Notice of All Agreements.--Section 1112(c)(2) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (21 U.S.C. 3155 note) is amended by-- (1) striking ``the Commission the'' and inserting ``the Commission (1) the''; and (2) inserting before the period at the end the following: ``; and (2) a description of the subject matter of any other agreement the parties enter into within 30 days of an entering into an agreement covered by subsection (a) or (b)''. (b) Certification of Agreements.--Section 1112 of such Act is amended by adding at the end the following: ``(d) Certification.--The Chief Executive Officer or the company official responsible for negotiating any agreement required to be filed under subsection (a), (b), or (c) shall execute and file with the Assistant Attorney General and the Commission a certification as follows: `I declare under penalty of perjury that the following is true and correct: The materials filed with the Federal Trade Commission and the Department of Justice under section 1112 of subtitle B of title XI of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, with respect to the agreement referenced in this certification: (1) represent the complete, final, and exclusive agreement between the parties; (2) include any ancillary agreements that are contingent upon, provide a contingent condition for, or are otherwise related to, the referenced agreement; and (3) include written descriptions of any oral agreements, representations, commitments, or promises between the parties that are responsive to subsection (a) or (b) of such section 1112 and have not been reduced to writing.'.''. SEC. 5. FORFEITURE OF 180-DAY EXCLUSIVITY PERIOD. Section 505(j)(5)(D)(i)(V) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 355(j)(5)(D)(i)(V)) is amended by inserting ``section 28 of the Clayton Act or'' after ``that the agreement has violated''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Federal Trade Commission such sums as may be necessary to carry out the provisions of this Act.

Preserve Access to Affordable Generics Act - Amends the Clayton Act to make it unlawful for a person, in connection with the sale of a drug product, to be a party to any agreement resolving or settling a patent infringement claim in which: (1) an abbreviated new drug (generic) application filer receives anything of value; and (2) such filer agrees not to research, develop, manufacture, market, or sell the generic product for any period. Excludes a resolution or settlement that includes no more than the right to market the generic product prior to the expiration of the patent. Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to set forth additional filing requirements related to agreements between a brand name drug company and a generic drug applicant. Requires the Chief Executive Officer or the company official responsible for negotiating any agreement to file a certification that materials filed with respect to such agreements are complete, final, and exclusive. Amends the Federal Food, Drug, and Cosmetic Act to provide that forfeiture of the 180-day exclusivity period for the marketing of a generic drug occurs if there is a final decision of the Federal Trade Commission (FTC) or the court that an agreement has violated this Act.

To prohibit brand name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Conversion Clearinghouse Act''. SEC. 2. OFFICE. (a) Establishment.--There is established, within the Department of Commerce, the Office of Economic Conversion Information (hereinafter referred to as ``Office''). (b) Purpose.--It is the purpose of the Office-- (1) to serve as a central information clearinghouse on matters relating to economic adjustment and defense conversion programs and activities of the Federal and State governments, including political subdivisions of the States; and (2) to help potential and actual applicants for economic adjustment and defense conversion assistance under Federal, State and local laws in locating and applying for such assistance, including financial and technical assistance. (c) Director.--The Office shall be headed by a Director. The Secretary of Commerce shall appoint and fix the compensation of the Director. (d) Staff.--The Director may appoint such personnel as may be necessary to enable the Office to perform its duties. SEC. 3. FUNCTIONS. (a) Information Databases.-- (1) Uses.--The Office shall develop information databases for use by Federal departments and agencies, State and local governmental agencies, public and private entities, and individuals to assist such agencies, entities, and individuals in the process of identifying and applying for assistance and resources under economic adjustment and defense conversion programs and activities of the Federal, State, and local governments. (2) Federal agencies and programs.--The databases established pursuant to paragraph (1) shall include a comprehensive compilation of all relevant information concerning available economic adjustment and defense conversion-related programs of the Federal Government. The compilation shall identify the administering department, office, or agency, which administers such programs, and key contact people; and descriptions of the application process, eligibility requirements and criteria, selection, and followup procedures. Such compilation shall also include data as to the expenditure of funds under such programs, projects supported by such programs, and the types and amounts of funding available for assistance under such programs. (3) Range of programs.--The range of programs covered by the database shall include: worker adjustment assistance for private sector employees and Federal civilian and military personnel; community adjustment assistance (planning and implementation), including the so-called ``bricks and mortar'' programs, such as infrastructure rebuilding, and airport improvement; technology development and deployment programs administered through the Advanced Research Projects Agency, Department of Defense, coordinated Technology Reinvestment Project; other relevant technology research and development programs administered by the Department of Commerce, National Aeronautics and Space Administration, Department of Energy, the Environmental Protection Agency, Department of Transportation, and the National Institutes of Health and other technology agencies; small business assistance (financial, technical, marketing); defense facility environmental restoration; available tax credits and incentives, relevant regulatory information (environmental, occupational health and safety, and intellectual property rights) affecting application procedures and the implementation of federally supported projects involving economic adjustment and defense conversion. (4) Available assistance.--In developing such database, the Office shall survey all Federal departments and agencies in order to identify all relevant assistance and resources that may be available to assist defense-dependent communities, businesses, and workers in their adjustment and conversion efforts, especially the Department of Defense, the Department of Commerce, the Department of Labor, the Small Business Administration, the Department of Housing and Urban Development, the Department of Health and Human Services, the Department of Education, the Department of Transportation, the National Science Foundation, the National Aeronautics and Space Administration, and the Environmental Protection Agency. (5) Database of major state and local programs.--The Office shall establish a database containing State and local governmental economic adjustment and defense conversion assistance programs. Such database shall include a current listing of appropriate offices, officers, and contact personnel connected with, or involved in, such programs. (6) Defense cutback early warning database.--The Office, working with the Secretary of Defense, shall establish and keep current a database containing a listing of available defense contracts, and information listing military bases and installations expected to be closed, cut back, or realigned, or which are in the process of being closed, cut back, or realigned, including a current listing of States, communities, industries, firms, and employment likely to be most adversely affected as a result thereof. (7) Database of conversion efforts and successes.--The Office shall establish a database of listings and descriptions of defense conversion efforts, their successes and failures, as well as a current listing of ongoing conversion and assistance efforts by communities, contractors, and small- and mid-sized businesses, and labor organizations. (8) Reference lists and bibliographies.--The Office shall establish a database which shall include a listing of published works (books, reports, articles, videos, and tapes) related to all facets of defense economic adjustment and defense conversion. Such listing shall further include manuals relating to economic adjustment and defense conversion developed by the National Governors Association, the National League of Cities, public interest groups, labor unions, business associations, and similar organizations, and a listing of contact organizations and people for obtaining such references. The Office shall also maintain in electronic form the full texts of selected references and make such references available to the public through online services. (9) Alternative product bank for industries and firms.--The Office shall establish a databank of potentially commercializable technologies and products matched to the capabilities of defense-dependent industries and firms. Such databank shall include a short overview of market potential and shall identify potential programs in Federal, State and local governments that may be available to support technology development, deployment, and commercialization in these specific areas. (b) Multiple Points of Public Access to Databases.-- (1) Easy access.--The Office shall establish several mechanisms to assure easy access by the public and others to such databases, and to assure that the databases be as accessible, user-friendly, culturally neutral, and affordable as possible. In addition, the Office shall conduct an extensive outreach to States and communities, especially in the most defense-dependent regions of the Nation, and to a wide range of constituencies, including State and local government officials, chambers of commerce, industrial organizations, labor unions, and community organizations, to publicize the existence of databanks and other assistance and services provided by this Act, and how to acquire such assistance and services, and access such databanks. (2) 1-800-toll free number.--The Office shall establish a toll free 1-800 number to provide a first point of entry into the Office information database system. An individual calling such number shall receive information on how to use the Office databases, how to receive printed materials, and how to contact appropriate people in other governmental agencies for information about specific programs, and answer other requests regarding services of the Office. (3) Online electronic access through network.--Databases established by the Office shall be easily accessible through existing computer networks and publicly available computer database access facilities, such as at repository libraries and by direct call-in via modem, and shall be menu-driven and highly user-friendly. (4) Printed manuals and orientation materials.--The Office shall develop and make available to the public and others a printed manual, and other printed material, reviewing the major Federal agencies and programs engaged in economic adjustment, defense conversion, and technology investments. It shall also serve as a guide to using the databases and services of the Office, list State and local contacts and resources, and include a bibliography of major reference materials. (5) Orientation workshops.--The Office shall offer periodic workshops (1-2 weeks long) available to selected representatives from defense-dependent communities, businesses, and occupational groups, to orient and train them in using the Office and the services of the Office. (6) Information specialists.--The Office shall maintain on- call economic adjustment and conversion information specialists to address special problems requiring person-to-person assistance, as needed. (c) Program Evaluation.-- (1) Review.--The Office shall conduct a regular review of the various agencies and programs in the Federal system involving economic adjustment and defense conversion. Such review shall evaluate the procedures of these agencies and programs, and the success of their activities. Such reviews shall be based on periodic surveys of both Federal officials and recipients of assistance pursuant to this Act. The Office shall identify problems with the programs and barriers to entry, for inclusion in the databases established pursuant to this Act. Such review shall include recommendations for improving such programs. (2) Community roundtables.--The Office shall conduct, on an annual basis, consultative meetings and briefings with defense- impacted constituencies drawn from local and State governments, business, labor, community and public interest organizations and academic institutions. Such meetings and briefings shall be held in all major defense-dependent regions of the United States, both to introduce its programs and receive comments and recommendations concerning its services and how to expand and improve them. SEC. 4. INTERAGENCY COORDINATING COMMITTEE. (a) Establishment.--There is established the Interagency Economic Conversion Information Coordinating Committee (referred to in this section as the ``Committee''). (b) Members.--The members of the Committee are as follows: (1) Director of the Office, who shall serve as Chairperson of the Committee. (2) Director of the Economic Development Administration. (3) Director of the Office of Economic Adjustment, Department of Defense. (4) One member appointed by the Secretary of Labor. (5) Director of the Advanced Research Projects Agency, Department of Defense. (6) Director of the National Institute for Standards and Technology. (7) Director of the Small Business Administration. (8) One member appointed by the Director of the National Economic Council. (c) Functions.--It shall be the function of the Committee-- (1) to advise and make recommendations to the Office in carrying out the purposes of this Act; (2) to coordinate and facilitate the information gathering and monitoring activities of the Office among Federal departments and agencies; (3) to help the Office prepare and present information in a manner that is publicly accessible, affordable, and user- friendly; and (4) to assist the Office in making technical assistance personnel available as needed. (d) Compensation of Members.--All members of the Committee shall serve without compensation in addition to that received for their services as officers or employees of the United States. (e) Travel Expenses.--The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. (f) Staff.--The Chairman of the Committee may request any Federal department or agency to detail such employees to the Committee as may be necessary to enable the Committee to perform its duties. (g) Detail of Government Employees.--Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (h) Procurement of Temporary and Intermittent Services.--The Chairman of the Committee may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 5. AUTHORIZATION. (a) Startup and Operating Expenses.--For fiscal year 1994, there are authorized to be appropriated such amounts as may be necessary to carry out the provisions of this Act. (b) Operating Expenses.--For fiscal year 1995, and each fiscal year thereafter, there are authorized to be appropriated such amounts as may be necessary to carry out the provisions of this Act.

Economic Conversion Clearinghouse Act - Establishes within the Department of Commerce the Office of Economic Conversion Information to: (1) serve as a central information clearinghouse on matters relating to economic adjustment and defense conversion programs and activities of the Federal and State governments; and (2) aid persons in applying for economic adjustment and defense conversion assistance under Federal, State, and local laws. Outlines further Office functions, including: (1) the development of information data bases for use in identifying and applying for such assistance; (2) the establishment of mechanisms to assure easy access to such information data bases, as well as their user-friendliness (including establishing a toll-free number); and (3) the conduct of a regular review of the various agencies and programs in the Federal system involving economic adjustment and defense conversion. Establishes the Interagency Economic Conversion Information Coordinating Committee to: (1) advise and make appropriate recommendations to the Office; (2) coordinate and facilitate the information gathering and monitoring activities of the Office among Federal departments and agencies; (3) aid the Office in preparing and presenting information in an accessible, user-friendly manner; and (4) assist the Office in making technical assistance personnel available as needed. Authorizes appropriations.

Economic Conversion Clearinghouse Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Credit Act of 1999''. SEC. 2. DEFINITION OF DEBT FORGIVENESS. Section 343(a)(12)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(12)(B)) is amended to read as follows: ``(B) Exceptions.--The term `debt forgiveness' does not include-- ``(i) consolidation, rescheduling, reamortization, or deferral of a loan; ``(ii) a write-down during the lifetime of the borrower that is due to a financial problem of the borrower relating to a natural disaster or a medical condition of the borrower or an immediate family member of the borrower (or, in the case of a borrower that is an entity, a principal owner of the borrower or an immediate family member of such an owner); or ``(iii) any write-down provided as a part of a resolution of a discrimination complaint against the Secretary.''. SEC. 3. LOAN ELIGIBILITY FOR BORROWERS WITH PRIOR DEBT FORGIVENESS. Section 373(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008h(b)) is amended to read as follows: ``(b) Loans Prohibited for Certain Borrowers Who Have Received Debt Forgiveness.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary may not make or guarantee a loan under subtitle A or B to a borrower who, on more than 2 occasions, received debt forgiveness on a loan made or guaranteed under this title. ``(2) Exceptions.--The Secretary may make a direct or guaranteed farm operating loan for paying annual farm or ranch operating expenses of a borrower who-- ``(A) was restructured with a write-down under section 353; or ``(B) is current on payments under a confirmed reorganization plan under chapter 11, 12, or 13 of title 11, United States Code.''. SEC. 4. MARGIN REQUIREMENTS. (a) Eligibility for Farmer Program Loan Guarantees.--Section 339(b)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1989(b)(3)) is amended by striking ``, including expenses of replacing capital items (determined after taking into account depreciation of the items)''; and (b) Restructured Loan Valuation Determinations.--Section 353(c)(3)(C) of such Act (7 U.S.C. 2001(c)(3)(C)) is amended by striking ``100 percent'' and inserting ``110 percent''. SEC. 5. ALLOCATION OF CERTAIN FUNDS FOR SOCIALLY DISADVANTAGED FARMERS AND RANCHERS. Section 355(c)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(c)(2)) is amended by striking ``shall be reallocated within such State'' and inserting ``in the first 10 months of the fiscal year may be pooled and reallocated for use of socially disadvantaged farmers and ranchers in other States as determined by the Secretary, in excess of the funds otherwise allocated in accordance with this section''. SEC. 6. EXCEPTION TO TERM LIMITS ON OPERATING LOANS ONLY FOR DISASTERS OR EMERGENCIES. (a) Direct Operating Loans.--Section 311(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941(c)) is amended-- (1) in paragraph (1)-- (A) by striking ``Subject to paragraph (3), the'' and inserting ``The''; (B) in subparagraph (B), by striking ``or''; (C) in subparagraph (C), by striking the period and inserting ``; or''; and (D) by adding at the end the following: ``(D) is operating in an area which, during the previous or current crop year-- ``(i) the Secretary finds has been affected by a natural disaster in the United States or by a major disaster or emergency designated by the President under the Disaster Relief and Emergency Assistance Act; or ``(ii) has suffered from an economic emergency, as determined by the Secretary.''; and (2) by striking paragraph (3). (b) Guaranteed Operating Loans.--Section 319(b)(2) of such Act (7 U.S.C. 1949(b)(2)) is amended to read as follows: ``(2) Disasters and emergencies.--A farmer or rancher shall be eligible to receive a guaranteed operating loan under this subtitle if the borrower is operating in an area which, during the preceding or current crop year-- ``(A) the Secretary finds has been affected by a natural disaster in the United States or by a major disaster or emergency designated by the President under the Disaster Relief and Emergency Assistance Act; or ``(B) has suffered from an economic emergency, as determined by the Secretary.''. SEC. 7. PERCENTAGE OF RECAPTURE FOR SHARED APPRECIATION ARRANGEMENT. (a) In General.--Section 353(e)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2001(e)(3)) is amended by striking ``, and 50'' and inserting ``, 50 percent if the recapture occurs after 4 years and within 8 years after the restructuring, and 35''. (b) Applicability.--The amendment made by subsection (a) shall apply to shared appreciation arrangements with respect to which recapture has not occurred, regardless of whether the arrangements were entered into before, on, or after the date of the enactment of this Act. SEC. 8. TECHNICAL CORRECTION. Section 353 of the Consolidated Farm and Rural Development Act (7 U.S.C. 2001) is amended-- (1) by striking subsection (m); and (2) by redesignating subsections (n) and (o) as subsections (m) and (n), respectively.

(Sec. 3) Increases the number of occasions of permitted loan or loan guarantee debt forgiveness per borrower from one to two. Includes as an exception to such limitation an operating loan or loan guarantee to an individual whose payments are current under a specified reorganization plan. (Sec. 4) Eliminates capital item replacement expenses in determinations of farmer program loan guarantee eligibility. (Sec. 5) Permits excess funds obligated for socially disadvantaged farmers to be reallocated for such use in another State (currently limited to intrastate reallocation). (Sec. 6) Permits direct operating loans and loan guarantees to be made to persons in areas: (1) affected by a natural disaster or designated emergency; or (2) determined to be suffering from an economic emergency. (Sec. 7) Revises (shared appreciation arrangement) recapture percentage provisions.

Agricultural Credit Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Foreclosures Act of 2011''. SEC. 2. REQUIREMENTS FOR DEFICIENCY JUDGMENTS. No action for a deficiency judgment arising from an obligation under a residential mortgage may be brought except in accordance with this Act. SEC. 3. TIMING. (a) Requirement.--An action for a deficiency judgment arising from an obligation under a residential mortgage may be brought only during whichever of the following periods terminates earlier: (1) The 12-month period that begins upon the date of the foreclosure sale for the residential property securing the obligation under the mortgage. (2) Such period as may be provided under the applicable State law for bringing an action for such a deficiency judgment. (b) Satisfaction of Mortgage Obligation.--In the case of any foreclosure on a residential mortgage, if no action for a deficiency judgment arising from the obligation under the mortgage is brought during the period provided in subsection (a), the proceeds of any foreclosure sale conducted with respect to the residential property securing repayment of the obligation owed under the mortgage, regardless of amount, shall be deemed to be in full satisfaction of the obligation under the mortgage and no action to recover a deficiency in such amount may be brought after the expiration of such period. SEC. 4. REQUIREMENT OF COMMERCIALLY REASONABLE SALE. (a) Requirement.--No deficiency judgment arising from an obligation under a residential mortgage may be issued unless the court has determined that the foreclosure sale for the property securing repayment of the obligation under the mortgage was conducted in accordance with the following requirements: (1) The sale was conducted in a recognized market in the manner that is usual with respect to such market. (2) The sale price of the property was current in a recognized market at the time of disposition. (3) The sale was otherwise in conformity with reasonable commercial practices among dealers in property of the type sold. (b) Determination.--A party adversely affected by a deficiency judgment may submit to the court evidence contradicting the commercial reasonableness of the foreclosure sale and of any costs incurred in such sale. SEC. 5. AMOUNT. (a) In General.--The total amount recovered by a plaintiff in a deficiency judgment arising from an obligation under a residential mortgage shall be the amount equal to-- (1) the sum of-- (A) the amount of obligation owed under the mortgage, as of the date of the foreclosure sale for the property, as determined by the court, with interest on such amount from the date of the foreclosure sale at the rate provided in the mortgage or related contract; (B) if applicable, the amount owing on all prior mortgages, liens, and encumbrances, with interest; and (C) any reasonable costs for, and disbursements of, the action for the deficiency judgment; less (2) the greater of-- (A) the fair market value of the property, as determined by an independent appraisal completed during either of 10-day periods that begin and end upon the date of the foreclosure sale; or (B) the amount of the sale price of the property at the foreclosure sale. (b) Determination of Fair Market Value.--A party adversely affected by a deficiency judgment may submit to the court evidence relevant to establishing the fair market value of the property for purposes of subsection (a)(2)(A). SEC. 6. PROHIBITIONS ON DEFICIENCY JUDGMENTS. (a) Nonrecourse Mortgages.--No action for a deficiency judgment arising from the obligation under a residential mortgage may be brought if the terms of the mortgage prohibit the recovery of any amount of the obligation due under the mortgage after-- (1) the residential property securing repayment of such obligation is sold at foreclosure sale; or (2) the mortgage is foreclosed in the manner provided under the law of the State in which the property is located. (b) Low-Income Mortgagors.--In the case of any residential mortgage under which the mortgagor is a member of a low-income family, the following shall apply: (1) Prohibition on action.--No action may be brought for a deficiency judgment arising from the obligation under such residential mortgage. (2) Prohibition on reporting deficiency to credit agencies.--A deficiency in recovery, from a foreclosure sale for the property securing repayment of the obligation due under the mortgage, of the full amount of the obligation may not be reported to any consumer reporting agency (as such term is defined in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a)) or disclosed to any person other than the mortgagor or a personal representative of the mortgagor, unless such disclosure is otherwise required by law. A determination of whether a family is a low-income family for purposes of this subsection shall be based on the income of the family as of the date of the foreclosure sale or any other date during either of the 30- day periods beginning and ending on the date of such sale, and shall be based upon information obtained from the mortgagor during the foreclosure process. SEC. 7. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Deficiency judgment.--The term ``deficiency judgment'' means a judgment, lien, or court order, as provided for under State law, for recovery in whole or in part, as determined by a court as just and equitable, after a foreclosure or foreclosure sale of the property securing repayment of the obligation owed under a residential mortgage, of the portion of the obligation that remains unsatisfied after application of the proceeds of such sale to the obligation. (2) Foreclosure sale.--The term ``foreclosure sale'' means, with respect to the residential property securing repayment of the obligation under a residential mortgage, the sale of the property pursuant to foreclosure on the mortgage, whether judicial or nonjudicial, undertaken in accordance with the laws of the State in which the property is located, under which the proceeds of such sale are applied to such obligation. (3) Low-income family.--The term ``low-income family'' has the meaning given such term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (4) Mortgage.-- (A) In general.--The term ``mortgage'' means a deed of trust, mortgage, deed to secure debt, security agreement, or any other form of instrument under which any property (real, personal, or mixed), or any interest in property (including leaseholds, life estates, reversionary interests, and any other estates under applicable State law), is conveyed in trust, mortgaged, encumbered, pledged, or otherwise rendered subject to a lien for the purpose of securing the payment of money or the performance of an obligation. (B) Condominiums and cooperatives.--Such term includes a first mortgage given to secure-- (i) the unpaid purchase price of a fee interest in, or a long-term leasehold interest in, a one-family unit in a multifamily project, including a project in which the dwelling units are attached or are manufactured housing units, semi-detached, or detached, and an undivided interest in the common areas and facilities that serve the project; or (ii) repayment of a loan made to finance the purchase of stock or membership in a cooperative housing corporation the permanent occupancy of dwelling units of which is restricted to members of such corporation, where the purchase of such stock or membership entitles the purchaser to the permanent occupancy of one of such units. (5) Residential mortgage.-- (A) In general.--The term ``residential mortgage'' means a mortgage the primary purpose of which is the purchase or financing of a permanent 1- to 4-family dwelling that is used as the principal residence of the mortgagor. (B) Determination.--A determination of whether a mortgage is a residential mortgage for purposes of this Act shall be made based on the purpose of the mortgage as of the time the loan was made, as determined based upon information obtained during the application process for the mortgage. SEC. 8. APPLICABILITY AND PREEMPTION. (a) Applicability.--This Act shall apply with respect to any action for a deficiency judgment arising from an obligation under a residential mortgage brought in any State or Federal court. (b) Preemption.--The provisions of this Act shall preempt any State law to the extent that such law is inconsistent with the limitations contained in such provisions. The provisions of this Act shall not preempt any State law that provides for defenses or places limitations on a person's liability in addition to those contained in this Act or otherwise imposes greater restrictions that those provided in this Act.

Fairness in Foreclosures Act of 2011 - Declares that no action for a deficiency judgment arising from an obligation under a residential mortgage may be brought except in accordance with this Act. Declares that no such deficiency judgment may be issued unless the court has determined that the foreclosure sale for the property securing repayment was conducted in accordance with specified requirements. Specifies a formula for determining the total amount a plaintiff may recover in such a deficiency judgment. Declares that no action for a deficiency judgment may be brought if the (nonrecourse) mortgage terms prohibit recovery after: (1) the residential property securing repayment of such obligation is sold at foreclosure sale, or (2) the mortgage is foreclosed in the manner provided under the law of the state in which the property is located. Declares that if the mortgagor is a member of a low-income family: (1) no action may be brought for a deficiency judgment; and (2) a deficiency in recovery, from a foreclosure sale, of the full amount of the mortgage obligation may not be reported to any consumer reporting agency or disclosed to any person other than the mortgagor or the mortgagor's personal representative, unless such disclosure is otherwise required by law.

To ensure uniformity and fairness in deficiency judgments arising from foreclosures on mortgages for single family homes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Port of Entry Inspections Improvement Act of 1993''. SEC. 2. ADMISSIONS FRAUD. (a) Exclusion for Fraudulent Documents or Failure To Present Documents.--Section 212(a)(6)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)) is amended-- (1) by striking ``(C) Misrepresentation'' and inserting in lieu thereof the following: ``(C) Fraud, misrepresentation, and failure to present documents''; (2) by adding at the end the following new clause: ``(iii) Fraudulent documents and failure to present documents.-- ``(I) Any alien who, in seeking entry to the United States or boarding a common carrier for the purpose of coming to the United States, presents any document which, in the determination of the immigration officer to whom the document is presented, is forged, counterfeit, altered, falsely made, stolen, or inapplicable to the alien presenting the document, or otherwise contains a misrepresentation of a material fact, is excludable. ``(II) Any alien who, in boarding a common carrier for the purpose of coming to the United States, presents a document which relates or purports to relate to the alien's eligibility to enter the United States, and fails to present such document to an immigration officer upon arrival at a port of entry into the United States, is excludable.''. (b) Provision for Asylum and Other Discretionary Relief.-- (1) Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by adding at the end the following new subsections: ``(e)(1) Notwithstanding subsection (a), any alien who, in seeking entry to the United States or boarding a common carrier pursuant to direct departure to the United States, presents any document which, in the determination of the immigration officer to whom the document is presented, is fraudulent, forged, stolen, or inapplicable to the person presenting the document, or otherwise contains a misrepresentation of a material fact, may not apply for or be granted asylum, unless presentation of the document was pursuant to direct departure from-- ``(A) a country in which the alien has a credible fear of persecution; or ``(B) a country in which there is a significant danger that the alien would be returned to a country in which the alien would have a credible fear of persecution. ``(2) Notwithstanding subsection (a), an alien who, in boarding a common carrier pursuant to direct departure to the United States, presents any document which relates or purports to relate to the alien's eligibility to enter the United States, and who fails to present such document to an immigration official upon arrival at a port of entry into the United States, may not apply for or be granted asylum, unless presentation of such document was pursuant to direct departure from-- ``(A) a country in which the alien has a credible fear of persecution; or ``(B) a country in which there is a significant danger that the alien would be returned to a country in which the alien would have a credible fear of persecution. ``(3)(A) Whenever an immigration officer determines that an alien seeks entry to the United States as described in paragraph (1) or (2) and that the alien has indicated a desire to apply for asylum, the immigration officer shall refer the matter to an immigration officer specially trained to conduct interviews and to make determinations bearing on eligibility for asylum, who shall interview the alien to determine whether presentation of the document was pursuant to direct departure from-- ``(i) a country in which the alien has a credible fear of persecution; or ``(ii) which there is a significant danger that the alien would be returned to a country in which the alien would have a credible fear of persecution. ``(B) If the immigration officer determines that the alien does not have a credible fear of persecution in the country from which the alien was last present before attempting entry into the United States, and that there is no significant danger that the alien would be returned from such country to a country in which the alien would have a credible fear of persecution, the alien may be specially excluded and deported in accordance with section 235(e). The alien may not appeal such determination. ``(4) As used in this subsection, the term `credible fear of persecution' means-- ``(A) it is more probable than not that the statements made by the alien in support of his or her claim are true; and ``(B) there is a significant possibility, in light of such statements and of such other facts as are known to the officer about country conditions, that the alien could establish eligibility as a refugee within the meaning of section 101(a)(42)(A).''. (2) Section 212(c) of the Immigration and Nationality Act (8 U.S.C. 1182(c)) is amended in the third sentence by inserting before the period ``or to any alien who is excludable pursuant to section 212(a)(6)(C)(iii)''. (3) Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following new subsection: ``(d)(1) Subject to paragraph (2), any alien, who has not been admitted to the United States and who is excludable under section 212(a)(6)(C)(iii), is ineligible for withholding of deportation pursuant to section 243(h), and may not apply for withholding of deportation or for any other relief under this Act, except as provided in section 208(e) with respect to asylum. ``(2) An alien under paragraph (1) who has been found ineligible to apply for asylum under section 208(e) may be returned only-- ``(A) to a country in which, in the judgment of an immigration officer specially trained to conduct interviews and to make determinations bearing on eligibility for asylum, the alien has no credible fear of persecution upon return; and ``(B) to a country from which, in the judgment of such officer, there is no significant danger that the alien would be returned to a country in which the alien would have a credible fear of persecution.''. (4) Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended-- (A) in the second sentence of paragraph (1) by striking out ``Deportation'' and inserting in lieu thereof ``Subject to section 235(d)(2), deportation''; and (B) in the first sentence of paragraph (2) by striking out ``If'' and inserting in lieu thereof ``Subject to section 235(d)(2), if''. SEC. 3. SPECIAL PORT OF ENTRY EXCLUSION FOR ADMISSIONS FRAUD. Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) (as amended by section 2(b)(3) of this Act) is amended by adding after subsection (d) the following new subsection: ``(e)(1) Subject to paragraph (2), any alien (including an alien crewman) who may appear to the examining immigration officer or to the special inquiry officer during the examination before either of such officers to be excludable under section 212(a)(6)(C)(iii) may be ordered specially excluded and deported by the Attorney General, either by a special inquiry officer or otherwise. ``(2)(A) An alien who has been found ineligible to apply for asylum under section 208(e) may be returned only-- ``(i) to a country in which, in the judgment of an immigration officer specially trained to conduct interviews and to make determinations bearing on eligibility for asylum, the alien has no credible fear of persecution upon return; and ``(ii) to a country from which, in the judgment of such officer, there is no significant danger that the alien would be returned to a country in which the alien would have a credible fear of persecution. ``(B) Such special exclusion order is not subject to administrative appeal and shall have the same effect as if the alien has been ordered excluded and deported pursuant to section 236, except that judicial review of such an order shall not be available under section 106 or, except by habeas corpus as herein provided, under any other provision of law. ``(C) Nothing in this subsection may be construed as requiring an inquiry before a special inquiry officer in the case of an alien crewman.''. SEC. 4. RESTRICTIONS ON JUDICIAL REVIEW. Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) (as amended by section 3 of this Act) is amended by adding after subsection (e) the following new subsections: ``(f) Aliens Excludable for Admissions Fraud.--Notwithstanding any other provision of law, no court shall have jurisdiction to review, except by petition for habeas corpus, any determination made with respect to an alien found excludable for admissions fraud pursuant to section 212(a)(6)(C)(iii). In any such case, review by habeas corpus shall be limited to examination of whether the petitioner (1) is an alien, and (2) was ordered specially excluded from the United States pursuant to sections 212(a)(6)(C)(iii) and 235(e). ``(g) Interviews and Special Exclusion.--(1) Notwithstanding any other provision of law, no court shall have jurisdiction-- ``(A) to review the procedures established by the Attorney General for the determination of admissions fraud pursuant to section 212(a)(6)(C)(iii); or ``(B) to enter declaratory or injunctive relief with respect to the implementation of subsection (d) or (e). ``(2) Notwithstanding the nature of the suit or claim, no court shall have jurisdiction (except by habeas corpus petition as provided in subsection (f)) to consider the validity of any adjudication or determination of special exclusion or to provide declaratory or injunctive relief with respect to the special exclusion of any alien. ``(h) Collateral Enforcement Proceedings.--In any action brought for the assessment of penalties for improper entry or re-entry of an alien under sections 275 and 276, no court shall have jurisdiction to hear claims collaterally attacking the validity of orders of exclusion, special exclusion, or deportation entered under sections 235, 236, and 242.''. SEC. 5. ENHANCED PENALTIES FOR CERTAIN ALIEN SMUGGLING. Section 274(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)) is amended-- (1) by striking ``five years'' and inserting ``ten years''; and (2) by inserting before the period at the end of paragraph (1) ``, except that in any case in which a person causes serious bodily injury to, or places in jeopardy the life of, any alien involved in the offense, such person shall be fined in accordance with the provisions of title 18, United States Code, or imprisoned not more than 20 years for each alien with respect to whom any violation of this paragraph occurs, or both.''. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date of enactment of this Act, and such amendments shall apply to aliens who arrive in or seek admission to the United States on or after the date of enactment of this Act.

Port of Entry Inspections Improvement Act of 1993 - Amends the Immigration and Nationality Act to create grounds for exclusion of an alien who: (1) uses or attempts to use a fraudulent document to enter the United States, or to board a common carrier for such purpose; or (2) uses a document to board a common carrier and then fails to present such document to an immigration official upon arrival at a U.S. port of entry. Prohibits the granting of asylum to an alien who is found to be using fraudulent entry documents or who fails to present entry-related documents, unless a specially trained immigration officer determines such actions were pursuant to departure from a country: (1) in which the alien had a credible fear of persecution; or (2) from which there was a significant danger that the alien would be returned to a country in which he or she would have a credible fear of persecution. Provides for port of entry exclusion and deportation without administrative or judicial appeal (except by a limited petition of habeas corpus) for such admission document fraud. Increases penalties for certain alien smuggling offenses. Creates a separate offense and penalty for an alien smuggler who seriously injures or jeopardizes the life of an alien.

Port of Entry Inspections Improvement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Visa Investigation and Social Media Activity Act of 2017'' or as the ``VISA Act of 2017''. SEC. 2. PETITION AND APPLICATION PROCESSING FOR VISAS AND IMMIGRATION BENEFITS. (a) In General.--Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after section 211 the following: ``SEC. 211A. BACKGROUND CHECKS AND OTHER SCREENING REQUIREMENTS. ``(a) Comprehensive Security and Background Check.--No petition or application filed with the Secretary of Homeland Security or with a consular officer relating to the issuance of a visa to or to the admission of an alien to the United States as an immigrant or as a nonimmigrant may be approved unless a background check to determine whether or not the alien is a national security threat or is otherwise ineligible for such visa or admission is completed for-- ``(1) the petitioner or applicant; and ``(2) each beneficiary or derivative of the petition or application. ``(b) Review of Social Media Activity.--The background check under subsection (a) shall include a review of the alien's publicly available interactions on and posting of material to the Internet (including social media services). ``(c) Interviews.--No petition or application filed with the Secretary of Homeland Security for any benefit under this Act, except for work authorization, by or on behalf of an alien present in the United States may be approved unless the Secretary conducts an in- person interview with that alien. The Secretary may waive such requirement in the case of any alien who would be 10 years of age or younger at the time of the interview. ``(d) Translation Requirement.--No document submitted in support of a petition or application for a nonimmigrant or immigrant visa may be accepted by a consular officer if such document contains information in a foreign language, unless such document is accompanied by a full English translation, which the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate from the foreign language into English. ``(e) Requests for Additional Information.--In an instance where the Secretary of Homeland Security or a consular officer requests any additional information relating to a petition or application filed with the Secretary or consular officer relating to the issuance of a visa or to the admission of an alien to the United States as an immigrant or as a nonimmigrant, such petition or application may not be approved unless all of the additional information requested is provided in complete form and is provided on or before any deadline included in the request.''. (b) Clerical Amendment.--The table of contents for such Act is amended by inserting after the item relating to section 211 the following: ``211A. Background checks and other screening requirements.''. SEC. 3. FRAUD PREVENTION. (a) Prospective Analytics Technology.-- (1) Plan for implementation.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a plan for the use of advanced analytics software to ensure the proactive detection of fraud in immigration benefits applications and petitions and to ensure that any such applicant or petitioner does not pose a threat to national security. (2) Implementation of plan.--Not later than 1 year after the date of the submission of the plan under paragraph (1), the Secretary of Home-land Security shall begin implementation of the plan. (b) Benefits Fraud Assessment.-- (1) In general.--The Secretary of Homeland Security, acting through the Fraud Detection and Nationality Security Directorate, shall complete a benefit fraud assessment by fiscal year 2021 on each of the following: (A) Petitions by VAWA self-petitioners (as such term is defined in section 101(a)(51) of the Immigration and Nationality Act). (B) Applications or petitions for visas or status under section 101(a)(15)(K) of such Act or under section 201(b)(2) of such Act, in the case of spouses. (C) Applications for visas or status under section 101(a)(27)(J) of such Act. (D) Applications for visas or status under section 101(a)(15)(U) of such Act. (E) Petitions for visas or status under section 101(a)(27)(C) of such Act. (F) Applications for asylum under section 208 of such Act. (G) Applications for adjustment of status under section 209 of such Act. (H) Petitions for visas or status under section 201(b) of such Act. (2) Reporting on findings.--Not later than 30 days after the completion of each benefit fraud assessment under paragraph (1), the Secretary shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate such assessment and recommendations on how to reduce the occurrence of instances of fraud identified by the assessment. SEC. 4. EXPEDITIOUS EXPANSION OF ASSIGNMENT OF HOMELAND SECURITY EMPLOYEES TO DIPLOMATIC AND CONSULAR POSTS. (a) In General.--Section 428 of the Homeland Security Act of 2002 (6 U.S.C. 236) is amended-- (1) in subsection (e)-- (A) by amending paragraph (1) to read as follows: ``(1) In general.--Not later than 4 years after the date of the enactment of the Visa Investigation and Social Media Activity Act of 2017, the Secretary shall assign employees of the Department to each diplomatic and consular post at which visas are issued, and shall communicate such assignments to the Secretary of State.''; and (B) by amending paragraph (2)(B) to read as follows: ``(B) Review all such applications and supporting documentation prior to the adjudication of such an application.''; and (2) by striking subsection (i). (b) Expedited Clearance and Placement of DHS Personnel.-- Notwithstanding any other provision of law, and the processes set forth in National Security Defense Directive 38 (dated June 2, 1982) or any successor Directive, not later than one year after the date on which the Secretary of Homeland Security communicates to the Secretary of State the assignment of personnel to a diplomatic or consular post under section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e)), as amended by this Act, the Chief of Mission of such a post shall ensure that such personnel have been stationed and accommodated at that post and are able to carry out their duties. (c) Authorization of Appropriations.--There is authorized to be appropriated $60,000,000 for each of fiscal years 2018 and 2019, which shall be used to expedite the implementation of section 428(e) of the Homeland Security Act of 2002 (6 U.S.C. 236(e)), as amended by this Act. SEC. 5. GAO REPORT. (a) In General.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review and report to Congress on the security of nonimmigrant and immigrant visa application processes. Such a review shall address-- (1) how the United States Government conducts security screening and background checks for nonimmigrant and immigrant visa petitions and applications, including the agencies and partners involved and the systems and databases used; and (2) how the Departments of Homeland Security and State consider the results of such screening and background checks in adjudicating nonimmigrant and immigrant visa petitions and applications. (b) Agency Cooperation.--Each agency involved in the processes for conducting and considering the results of such security screening and background checks shall fully cooperate with, and provide timely access to, the Comptroller General any requests for records and information.

Visa Investigation and Social Media Activity Act of 2017 or the VISA Act of 2017 This bill amends the Immigration and Nationality Act to prohibit a petition or application filed with the Department of Homeland Security (DHS) or with a consular officer for the issuance of a visa or the admission of an alien from being approved unless a background check to determine whether the alien is a national security threat or is otherwise ineligible for such visa or admission is completed for: (1) the petitioner or applicant, and (2) each beneficiary or derivative of the petition or application. Such background check shall include a review of the alien's publicly available interactions on, and posting of material to, the Internet (including social media services). An applicant must provide an English translation of his or her documentation. No petition or application for any immigration benefit, except for work authorization, may be approved for an alien who is at least 11 years old unless DHS conducts an in-person interview with such alien. DHS shall begin implementation of an analytics software plan to detect fraud in immigration benefits applications and petitions and to ensure that an applicant or petitioner does not pose a national security threat. The bill requires the deployment of DHS employees to all visa-issuing embassies and consulates.

Visa Investigation and Social Media Activity Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Business Travel Facilitation Act of 2006''. SEC. 2. BUSINESS FACILITATION VISITORS. Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by adding at the end the following: ``(s) Business Facilitation Visitors.-- ``(1) In general.--For purposes of section 101(a)(15)(B), the term `visiting the United States temporarily for business' includes visiting the United States temporarily as a business facilitation visitor, as defined in paragraph (2). ``(2) Definition of business facilitation visitor.--For purposes of this subsection, a business facilitation visitor is an alien who is visiting the United States temporarily to-- ``(A) provide services pursuant to a qualifying services contract, as defined in paragraph (7); or ``(B)(i) provide management or technical training to; or ``(ii) receive management or technical training from personnel of a United States entity. ``(3) Conditions.-- ``(A) In general.--No alien may be admitted or provided status as a business facilitation visitor unless-- ``(i) the alien is a national of a country that the Secretary of Homeland Security has certified as having entered into arrangements with the United States to combat fraud in the application for visas to the United States through the use of measures such as machine readable passports and biometric technology; and ``(ii) the consular officer to whom the alien applies for a visa under the provisions of section 101(a)(15)(B) determines, based on evidence provided by the alien, that the conditions described in this paragraph have been met. ``(B) Conditions with respect to provision of services.--In the case of the provision of services as described in paragraph (2)(A), the conditions described in this paragraph are that-- ``(i) all of the alien's remuneration and expenses related to the provision of such services will be paid by the alien's employer; and ``(ii) the alien is qualified to provide such services, as demonstrated by the alien's possession of-- ``(I) expert knowledge of the entity's technology or operations on the basis of technical training or experience; and ``(II) all licenses or other authorizations required to provide the services in the United States. ``(C) Conditions with respect to provision or receipt of management or technical training.--In the case of the provision or receipt of management or technical training as described in paragraph (2)(B), the conditions described in this paragraph are that-- ``(i) the alien is an employee of a firm, corporation, or other legal entity that-- ``(I) is affiliated through ownership or control with the United States entity whose personnel will be providing or receiving the training; ``(II) has entered into a joint venture or similar agreement with the United States entity; or ``(III) has purchased, or is considering purchasing, goods or services from, or has sold goods or services to, the United States entity, and the training is related to such purchase or sale; ``(ii) all of the alien's remuneration and expenses related to the provision or receipt of such training will be paid by the alien's employer; ``(iii) in the case of an alien seeking to provide management training, the alien has-- ``(I) at least 5 years of experience directly related to management or management training; and ``(II) detailed knowledge of the business operations of the alien's employer; and ``(iv) in the case of an alien seeking to receive management training, the alien holds, or will hold within 1 year of completing the training, a management level position within the alien's employer. ``(4) Period of authorized admission.-- ``(A) Business facilitation visitors providing services.--The period of authorized admission for an alien admitted as a business facilitation visitor providing professional services as described in paragraph (2)(A) shall not exceed 1 year. However, the Secretary of Homeland Security may grant such alien a single extension of not more than 6 months if the Secretary determines, based on evidence provided by the alien, that-- ``(i) there has been an unforeseen delay in completing the provision of services described in the qualifying services contract; and ``(ii) replacing the alien with another provider of professional services would further delay or otherwise inhibit fulfillment of the terms of the contract. ``(B) Business facilitation visitors providing or receiving management or technical training.--The period of authorized admission for an alien admitted as a business facilitation visitor providing or receiving management or technical training, as described in paragraph (2)(B), may not exceed 1 year. ``(5) No change of status.--Notwithstanding any other provision of this Act, an alien admitted as a business facilitation visitor shall not be eligible for a change of nonimmigrant status or for an adjustment from nonimmigrant to immigrant status during the alien's stay in the United States. ``(6) Authorization to counter pattern of fraud.--If the Secretary of Homeland Security finds that nationals of a country have engaged in a pattern of fraud involving visa applications or other immigration matters, the Secretary may prohibit such nationals from admission to the United States as business facilitation visitors for such period of time as the Secretary determines to be appropriate. ``(7) Definition of qualifying services contract.--For purposes of this subsection, a qualifying services contract is a contract between a foreign provider of professional services and a United States entity, the terms of which include-- ``(A) the time period during which the alien will be required to be present in the United States in order to fulfill the terms of the contract; ``(B) the duties to be performed by the alien in the United States; ``(C) provisions stating that-- ``(i) the alien's remuneration and expenses will be paid by the foreign provider; ``(ii) the United States entity will provide the alien with working conditions comparable to those of similarly situated providers of professional services to the entity and consistent with the applicable requirements of the Fair Labor Standards Act (29 U.S.C. 201 et seq.); and ``(iii) the alien possesses the credentials necessary to provide the services covered by the contract, including any licenses or other authorizations required to provide the services in the United States; and ``(D) a provision stating the respective responsibilities of the foreign provider for ensuring the alien's-- ``(i) compliance with the terms of the alien's admission to the United States; and ``(ii) return to the alien's home country at the conclusion of the period for which the alien is admitted.''.

Business Travel Facilitation Act of 2006 - Amends the Immigration and Nationality Act to include business facilitation visitors from a qualifying country as nonimmigrant aliens visiting the United States temporarily for business. Defines "business facilitation visitor" as an alien visiting the United States temporarily to: (1) provide services pursuant to a qualifying services contract; or (2) provide management or technical training to, or receive management or technical training from personnel of a U.S. entity. Sets forth conditions with respect to: (1) provision of services; and (2) provision or receipt of management or technical training. Provides a period of authorized admission of: (1) one year with a one-time six month extension for an alien providing services; and (2) one year for an alien providing or receiving management or technical training. Prohibits such aliens from changing nonimmigrant status or adjusting to immigrant status. Authorizes the Secretary of Homeland Security to prohibit business facilitation entries from a country whose nationals have engaged in a pattern of fraud involving visas or other immigration matters.

To provide for the admission to the United States of nonimmigrant business facilitation visitors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ephedra Public Protection Act''. SEC. 2. REQUIREMENT OF PREMARKET APPROVAL FOR DIETARY SUPPLEMENTS CONTAINING EPHEDRINE GROUP ALKALOIDS; REPORTING OF SERIOUS ADVERSE EXPERIENCES. (a) In General.--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), by inserting after ``section 512; or'' the following: ``(D) if it is a dietary supplement that contains any ephedrine group alkaloids and is unsafe within the meaning of section 416; or''; and (2) by adding at the end the following section: ``SEC. 416. EPHEDRINE GROUP ALKALOIDS. ``(a) Requirement of Premarket Approval.--A new ephedrine supplement shall be deemed unsafe for purposes of section 402(a)(2)(D) unless an approval of an application filed under subsection (b) is effective with respect to such supplement. ``(b) Application.--Any person may file with the Secretary an application with respect to a new ephedrine supplement. Not later than 180 days after the filing of the application, or such additional period as may be agreed upon by the Secretary and the applicant, the Secretary shall either-- ``(1) issue an order under subsection (c) approving the application; or ``(2) issue an order refusing to approve the application, after providing the applicant notice of an opportunity for a hearing before the Secretary. ``(c) Standards.--The Secretary shall approve an application under subsection (b) for a new ephedrine supplement if the application meets the criteria of the Secretary for demonstrating to the Secretary that the supplement does not present a significant or unreasonable risk of illness or injury-- ``(1) under the conditions of use recommended or suggested in the labeling for the supplement; or ``(2) if no conditions of use are suggested or recommended in the labeling, under ordinary conditions of use. ``(d) Reporting of Serious Adverse Experiences.-- ``(1) In general.--Each person who is a manufacturer of ephedrine supplements, or a packer or distributor of the supplements whose name appears on the labeling of the supplement, shall (with respect to such supplements manufactured, packed, or distributed by that person)-- ``(A) investigate each claim of a serious adverse experience of which the person is aware in order to determine whether the claim is a documented incident; ``(B) investigate each documented incident of such an experience; ``(C) develop and implement written procedures for investigations of such claims and incidents; and ``(D) submit to the Secretary in accordance with paragraph (2) notifications and reports regarding such claims and incidents. ``(2) Certain requirements.-- ``(A) Notification of secretary regarding documented incident.--As soon as possible but not later than 30 days after becoming aware of a claim of a serious adverse experience with respect to an ephedrine supplement, the applicable person under paragraph (1) shall determine whether the claim is a documented incident, and if the claim is such an incident, shall submit to the Secretary a notification of such fact. The notification shall include a copy of the current labeling for the supplement. ``(B) Report regarding results of investigation.-- As soon as possible but not later than 60 days after identifying a documented incident of a serious adverse experience, the applicable person under paragraph (1) shall complete an investigation of the experience and submit to the Secretary a report describing the findings of the investigation, including a finding on whether the ephedrine supplement involved is a causal factor in such experience. ``(3) Duplicative reports.--The Secretary may establish procedures to avoid duplicative reporting under paragraph (1) on an ephedrine supplement by the persons referred to in such paragraph with respect to such supplement, subject to the Secretary establishing requirements to ensure that the Secretary receives notifications and reports within the period of time specified in paragraph (2). ``(e) Applicability of Certain Provisions.--In the case of new ephedrine supplements, this section applies in lieu of sections 402(f)(1)(A) and 402(f)(1)(B). In the case of any ephedrine supplement, the two sentences immediately following section 402(f)(1)(D) do not apply, and section 402(f)(2) does not apply. ``(f) Definitions.-- ``(1) Ephedrine supplements.--For purposes of this section: ``(A) The term `ephedrine supplement' means a dietary supplement containing any ephedrine group alkaloids (as defined in section 201(nn)). ``(B) The term `new ephedrine supplement' means a dietary supplement containing any new ephedrine group alkaloids (as defined in section 201(nn)). ``(2) Serious adverse experiences.--For purpose of this section: ``(A)(i) The term `adverse experience', with respect to an ephedrine supplement, means an adverse health-related experience of an individual who ingested the supplement, which experience is alleged by the individual, a family member of the individual, or a treating health professional to be associated with the supplement, whether or not such experience is considered to be related, casually or otherwise, to the supplement by a person referred to in paragraph (1) with respect to the supplement . ``(ii) The term `serious', with respect to an adverse experience, means any of the following outcomes: Death, a life-threatening condition, inpatient hospitalization, a persistent or significant disability or incapacity, or a congenital anomaly or birth defect. ``(B) The term `documented incident', with respect to an ephedrine supplement, means a claim of a serious adverse experience that the applicable person under subsection (d)(1) has investigated to the extent of verifying that such an experience did occur, but without investigating the allegation that the experience is associated with the supplement.''. (b) Prohibited Act Regarding Reporting on Serious Adverse Experiences.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(hh) The failure of a person to comply with any requirement under section 416(d).''. (c) Definitions.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(nn)(1)(A) The term `ephedrine group alkaloids', with respect to a dietary supplement, includes natural ephedrine group alkaloids and synthetic ephedrine group alkaloids. ``(B) The term `natural ephedrine group alkaloids' means ephedrine group alkaloids present in or extracted from the herb ephedra or any other herb that contains ephedrine group alkaloids. ``(C) The term `synthetic ephedrine group alkaloids' means ephedrine group alkaloids not present in or extracted from the herb ephedra or any other herb that contains ephedrine group alkaloids. ``(2)(A) The term `new ephedrine group alkaloids' means ephedrine group alkaloids that are not generally recognized, among experts described in clause (B), as having been adequately shown through scientific procedures to present no significant or unreasonable risk of illness or injury under the conditions of use recommended or suggested in labeling, or if no conditions of use are suggested or recommended in the labeling, under ordinary conditions of use. ``(B) The experts referred to in clause (A) are experts qualified by scientific training and experience to evaluate whether ephedrine group alkaloids present no significant or unreasonable risk of illness or injury for purposes of such clause.''. (d) Effective Dates.--With respect to section 416 of the Federal Food, Drug, and Cosmetic Act (as added by this section): (1) Subsection (a) of such section takes effect upon the expiration of 30 days after the date of the enactment of this Act. With respect to dietary supplements containing any ephedrine group alkaloids, shipments in commercial distribution as of the date of the enactment of this Act are subject to such subsection (a) to the extent determined appropriate by the Secretary of Health and Human Services. (2) Subsection (d) of such section applies with respect to serious adverse experiences occurring on or after the date of the enactment of this Act, except to the extent that the person involved notifies the Secretary of Health and Human Services in writing that the person will not submit an application under subsection (a) of such section and will not be a packer or distributor of dietary supplements containing any ephedrine group alkaloids. SEC. 3. PROVISIONS REGARDING ADULTERATED OR MISBRANDED SUPPLEMENTS. (a) Adulterated Supplements.-- (1) Dietary supplements generally; regulations on good manufacturing practice.-- (A) In general.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall publish in the Federal Register a proposed rule for good manufacturing practice regulations under section 402(g) of the Federal Food, Drug, and Cosmetic Act. (B) Conforming amendment.--Section 402(g)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(g)(2)) is amended in the first sentence by striking ``may'' and inserting ``shall''; (2) Ephedrine group alkaloids.--Section 402(g)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(g)(2)) is amended-- (A) by striking ``(2)'' and inserting ``(2)(A)''; and (B) by adding at the end the following: ``(B) In the case of dietary supplements containing ephedrine group alkaloids, regulations under clause (A) shall require the following: ``(i) The testing of each production lot or batch to ensure the accuracy of the label in stating the total amount of ephedrine group alkaloids contained in the supplement. Such tests shall be made using high performance liquid chromatography testing or other testing approved by the Secretary for purposes of this subclause. ``(ii) A determination of the expiration date of the supplements. ``(iii) The retention of reserve samples from each lot produced, stored under conditions consistent with the labeling of the supplements, until at least one year after the expiration date of the supplements. ``(iv) The implementation of distribution tracking procedures, including the use of lot numbers.''. (b) Misbranded Supplements Containing Ephedrine Group Alkaloids.-- (1) In general.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(w) If it is a dietary supplement containing any ephedrine group alkaloids, unless its label bears an expiration date.''. (2) Effective date.--The amendment made by paragraph (1) takes effect upon the effective date of the final rule for good manufacturing practice regulations under section 402(g) of the Federal Food, Drug, and Cosmetic Act.

Ephedra Public Protection Act - Amends the Federal Food, Drug, and Cosmetic Act to classify a food as adulterated if it is a dietary supplement that contains any ephedrine group and is unsafe within the meaning of this Act.Classifies a new ephedrine supplement (a dietary supplement containing ephedrine alkaloids not generally recognized as safe) as unsafe if it has not received premarket approval from the Secretary of Health and Human Services. Directs the Secretary to approve supplements that do not present a significant or unreasonable risk of illness or injury under the recommended or ordinary conditions of use.Requires manufacturers of ephedrine supplements (dietary supplements containing any ephedrine group alkaloids), and packers and distributors of such supplements whose names appear on the label, to investigate each claim of a serious adverse experience and report to the Secretary as to whether the ephedrine supplement involved was a causal factor. Makes failure to comply with such reporting requirements a prohibited act.Directs the Secretary to publish in the Federal Register a proposed rule for good manufacturing practice regulations under the Act. States various elements the proposed rule shall contain, including that it shall require the testing of each production lot or batch of an ephedrine supplement to ensure the label's accuracy in stating the amount of ephedrine group alkaloids in such supplement. Classifies an ephedrine supplement as misbranded unless its label bears an expiration date.

To amend the Federal Food, Drug, and Cosmetic Act with respect to dietary supplements containing natural or synthetic ephedrine group alkaloids, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Infrastructure Improvement Act''. SEC. 2. AUTHORITY FOR NATURAL GAS AND OIL PIPELINES. (a) In General.--Notwithstanding any provision of the Mineral Leasing Act (cite), the Secretary may issue permits for rights-of-way, temporary easements, or other necessary authorizations to allow a permittee to construct, operate, maintain, expand, or modify a natural gas, oil, or petroleum products pipeline and related facilities on eligible Federal lands. (b) Terms and Conditions.--A permit issued under this section shall be consistent with the laws and regulations generally applicable to utility rights-of-way within the respective eligible Federal land and subject to such terms and conditions as the Secretary deems appropriate. (c) Fees.-- (1) Permit fee.--The Secretary shall charge and retain a fee for any permit issued under this section. The fee shall be calculated to provide for recovery of costs incurred by the United States associated with processing, issuing, and monitoring the permit. (2) Annual fee.--The Secretary shall charge an annual fee related to each permit which requires payment, in advance, of the fair market rental value of permitted use as determined by the Secretary. (d) Term.-- (1) Initial term.--The Secretary shall determine the initial fixed term for a permit issued under this section, taking into consideration the following: (A) The cost of planning, approval, construction, operation, and maintenance of the pipeline and its related facility (in terms of time and money). (B) The useful life of the pipeline and its related facility. (C) The public or economic purpose served by the pipeline and its related facility. (2) Renewals.--The Secretary shall renew any right-of-way issued under this section, in accordance with the provisions of this section, if the pipeline and its related facility is in commercial operation and operated and maintained in accordance with this section and the permit issued under this section for that pipeline and its related facility. (e) Enforcement.-- (1) In general.--The Secretary may impose citations or fines or suspend or revoke any authority under a permit issued under this section for failure to comply with or for violation of any term or condition of the permit. (2) Suspension or termination of the right-of-way.-- Abandonment of a permit or deliberate noncompliance with any provision of this section or of a permit issued under this section may be grounds for suspension or termination of the permit if the Secretary determines that such grounds exist and that suspension or termination is justified after the permittee has been given-- (A) due notice; (B) a reasonable opportunity to remedy the abandonment or noncompliance; and (C) an appropriate administrative proceeding pursuant to section 554 of title 5, United States Code. (3) Misuse or nonuse of permit.--Deliberate failure to use a permit for the purpose for which it was granted or renewed for any continuous two-year period shall constitute a rebuttable presumption of abandonment of the permit. Where the failure to use the permit is due to circumstances not within the permittee's control, the Secretary is not required to commence proceedings to suspend or terminate the permit. (4) Judicial review.--Not later than 90 days after a final decision by the Secretary under this subsection, a permittee may file a suit to challenge that decision in the United States court of appeals for the circuit in which the Federal land which is the subject of the permit is located. Such court shall have jurisdiction to hear and determine any suit brought as provided in this subsection. (f) Modifications.--The Secretary may modify a permit issued under this section if the modification is agreed upon by the permittee and complies with this section. Any action taken by the Secretary pursuant to this subsection shall not be considered a major Federal action requiring a detailed statement under section 102(2)(C) of the National Environmental Policy Act of 1970 (42 U.S.C. 4332(2)(C)). (g) Definitions.--For purposes of this section: (1) Eligible federal lands.--The term ``eligible Federal lands'' means-- (A) Federal lands under the administrative jurisdiction of the Secretary of the Interior, except-- (i) lands held in trust for a federal recognized Indian tribe or a member of a federally recognized Indian tribe; and (ii) lands on the Outer Continental Shelf; and (B) National Forest System lands. (2) Facility.--The term ``facility''-- (A) includes such things as buildings, pipelines, and auxiliary or appurtenant facilities related to the construction, operation, and maintenance of the pipeline; and (B) does not include wells, drills, or drilling platforms. (3) Permittee.--The term ``permittee'' means the owner of a natural gas, oil, or petroleum products pipeline and the owner's successors or assigns. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior or the Secretary of Agriculture, as appropriate in regard the Secretary with administrative jurisdiction over the Federal lands involved.

Energy Infrastructure Improvement Act - Authorizes the Secretary of the Interior (or the Secretary of Agriculture, as appropriate for administrative jurisdiction over the federal lands involved) to issue permits for rights-of-way, temporary easements, or other necessary authorizations to allow a permittee to construct, operate, maintain, expand, or modify a natural gas, oil, or petroleum products pipeline and related facilities on eligible federal lands. Directs the Secretary to: (1) charge fees for such permits, (2) determine the initial fixed term for a permit, and (3) renew any right-of-way issued under this Act if the pipeline and its related facility is in commercial operation and operated and maintained in accordance with this Act. Grants the Secretary enforcement and modification powers, including fines and suspension or termination of rights-of-way.

Energy Infrastructure Improvement Act

SECTION 1. EXPANSION OF STATE OPTION TO EXCLUDE SERVICE OF ELECTION OFFICIALS OR ELECTION WORKERS FROM COVERAGE. (a) Limitation on Mandatory Coverage of State Election Officials and Election Workers Without State Retirement System.-- (1) Amendment to social security act.--Section 210(a)(7)(F)(iv) of the Social Security Act (42 U.S.C. 410(a)(7)(F)(iv)) (as amended by section 11332(a) of the Omnibus Budget Reconciliation Act of 1990) is amended by striking ``$100'' and inserting ``$500 with respect to service performed during 1994, and the exempt remuneration amount determined under section 218(c)(8)(B) with respect to service performed thereafter''. (2) Amendment to fica.--Section 3121(b)(7) of the Internal Revenue Code of 1986 (as amended by section 11332(b) of the Omnibus Budget Reconciliation Act of 1990) is amended by striking ``$100'' and inserting ``$500 with respect to service performed during 1993, and the exempt remuneration amount determined under section 218(c)(8)(B) of the Social Security Act with respect to service performed thereafter''. (b) Conforming Amendments Relating to Medicare Qualified Government Employment.-- (1) Amendment to social security act.--Section 210(p)(2)(E) of the Social Security Act (42 U.S.C. 410(p)(2)(E)) is amended by striking ``$100'' and inserting ``$500 with respect to service performed during 1993, and the exempt remuneration amount determined under section 218(c)(8)(B) with respect to service performed thereafter''. (2) Amendment to fica.--Section 3121(u)(2)(B)(ii)(V) of the Internal Revenue Code of 1986 is amended by striking ``$100'' and inserting ``$500 with respect to service performed during 1993, and the exempt remuneration amount determined under section 218(c)(8)(B) of the Social Security Act with respect to service performed thereafter''. (c) Authority for States To Modify Coverage Agreements With Respect to Election Officials and Election Workers.--Section 218(c)(8) of the Social Security Act (42 U.S.C. 418(c)(8)) is amended-- (1) by striking ``on or after January 1, 1968,'' and inserting ``at any time''; (2) by striking ``$100'' and inserting ``$500 with respect to service performed during 1993, and the exempt remuneration amount determined under subparagraph (B) with respect to service performed thereafter''; and (3) by striking the last sentence and inserting the following new sentence: ``Any modification of an agreement pursuant to this paragraph shall be effective with respect to services performed in and after the calendar year in which the modification is mailed or delivered by other means to the Secretary.''. (d) Indexation of Exempt Remuneration Amount.-- (1) In general.--Section 218(c)(8) of the Social Security Act (as amended by subsection (c)) is further amended-- (A) by inserting ``(A)'' after ``(8)''; and (B) by adding at the end the following new subparagraphs: ``(B) The Secretary shall, on or before November 1 of 1993 and of every year thereafter, determine and publish in the Federal Register the exempt remuneration amount which shall be effective with respect to service performed during the following calendar year. ``(C) The exempt remuneration amount determined under subparagraph (B) shall be the larger of-- ``(i) the dollar amount in effect under subparagraph (A) with respect to service performed during the calendar year in which the determination under subparagraph (B) is made, or ``(ii) the product of-- ``(I) $500, and ``(II) the indexing ratio described in subparagraph (D). ``(D) For purposes of subparagraph (C)(ii)(II), the indexing ratio is the ratio of-- ``(i) the deemed average total wages (as defined in section 209(k)(1)) for the calendar year before the calendar year in which the determination under subparagraph (B) is made, to ``(ii) the average of the total wages (as defined in regulations of the Secretary and computed without regard to the limitations specified in section 209(a)(1)) reported to the Secretary of the Treasury or his delegate for 1991 (as published in the Federal Register in accordance with section 215(a)(1)(D)), with such product, if not a multiple of $100, being rounded to the next higher multiple of $100 where such product is a multiple of $50 but not of $100 and to the nearest multiple of $100 in any other case.''. (2) Conforming amendment.--Section 209(k)(1) of such Act (42 U.S.C. 409(k)(1)) is amended by inserting ``218(c)(8)(D)(i),'' after ``215(b)(3)(A)(ii),''. (e) Effective Date.--The amendments made by subsections (a), (b), and (c) shall apply with respect to service performed on or after January 1, 1993.

Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code to raise the social security payroll tax exemption for State and local election officials and workers and index the exempt amount beginning in 1993.

A bill to exclude service of election officials and election workers from the Social Security payroll tax.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Fund for Health Research Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Nearly 4 of 5 peer reviewed research projects deemed worthy of funding by the National Institutes of Health are not funded. (2) Less than 3 percent of the nearly one trillion dollars our Nation spends on health care is devoted to health research, while the defense industry spends 15 percent of its budget on research and development. (3) Public opinion surveys have shown that Americans want more Federal resources put into health research and are willing to pay for it. (4) Ample evidence exists to demonstrate that health research has improved the quality of health care in the United States. Advances such as the development of vaccines, the cure of many childhood cancers, drugs that effectively treat a host of diseases and disorders, a process to protect our Nation's blood supply from the HIV virus, progress against cardiovascular disease including heart attack and stroke, and new strategies for the early detection and treatment of diseases such as colon, breast, and prostate cancer clearly demonstrates the benefits of health research. (5) Health research which holds the promise of prevention of intentional and unintentional injury and cure and prevention of disease and disability, is critical to holding down health care costs in the long term. (6) Expanded medical research is also critical to holding down the long-term costs of the medicare program under title XVIII of the Social Security Act. For example, recent research has demonstrated that delaying the onset of debilitating and costly conditions like Alzheimer's disease could reduce general health care and medicare costs by billions of dollars annually. (7) The state of our Nation's research facilities at the National Institutes of Health and at universities is deteriorating significantly. Renovation and repair of these facilities are badly needed to maintain and improve the quality of research. (8) Because discretionary spending is likely to decline in real terms over the next 5 years, the Nation's investment in health research through the National Institutes of Health is likely to decline in real terms unless corrective legislative action is taken. (9) A health research fund is needed to maintain our Nation's commitment to health research and to increase the percentage of approved projects which receive funding at the National Institutes of Health. (10) Americans purchase health insurance and participate in the medicare program to protect themselves and their families against the high cost of illness and disability. Because of this, it makes sense to devote 1 cent of every health insurance dollar to finding preventions, cures, and improved treatments for illnesses and disabilities through medical research. SEC. 3. ESTABLISHMENT OF FUND. (a) Establishment.--There is established in the Treasury of the United States a fund, to be known as the ``National Fund for Health Research'' (hereafter in this section referred to as the ``Fund''), consisting of such amounts as are transferred to the Fund under subsection (b) and any interest earned on investment of amounts in the Fund. (b) Transfers to Fund.-- (1) In general.--The Secretary of the Treasury shall transfer to the Fund amounts equivalent to amounts designated under paragraph (2) and received in the Treasury. (2) Amounts.-- Health plan set aside.--With respect to each calendar year beginning with the first full calendar year after the date of enactment of this Act, each health plan shall set aside and transfer to the Treasury of the United States an amount equal to-- (i) for the first full calendar year, .25 percent of all health premiums received with respect to the plan for such year; (ii) for the second full calendar year, .5 percent of all health premiums received with respect to the plan for such year; (iii) for the third full calendar year, .75 percent of all health premiums received with respect to the plan for such year; and (iv) for the fourth and each succeeding full calendar year, 1 percent of all health premiums received with respect to the plan for such year. (3) Transfers based on estimates.--The amounts transferred by paragraph (1) shall annually be transferred to the Fund within 30 days after the President signs an appropriations Act for the Departments of Labor, Health and Human Services, and Education, and related agencies, or by the end of the first quarter of the fiscal year. Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (4) Definition.--As used in this subsection, the term ``health plan'' means a group health plan (as defined in section 2791(a) of the Public Health Service Act (as added by the Health Insurance Portability and Accountability Act of 1996)) and any individual health insurance (as defined in section 2791(b)(5)) operated by a health insurance issuer. (c) Obligations From Fund.-- (1) In general.--Subject to the provisions of paragraph (4), with respect to the amounts made available in the Fund in a fiscal year, the Secretary of Health and Human Services shall distribute-- (A) 2 percent of such amounts during any fiscal year to the Office of the Director of the National Institutes of Health to be allocated at the Director's discretion for the following activities: (i) for carrying out the responsibilities of the Office of the Director, including the Office of Research on Women's Health and the Office of Research on Minority Health, the Office of Alternative Medicine, the Office of Rare Disease Research, the Office of Behavioral and Social Sciences Research (for use for efforts to reduce tobacco use), the Office of Dietary Supplements, and the Office for Disease Prevention; and (ii) for construction and acquisition of equipment for or facilities of or used by the National Institutes of Health; (B) 2 percent of such amounts for transfer to the National Center for Research Resources to carry out section 1502 of the National Institutes of Health Revitalization Act of 1993 concerning Biomedical and Behavioral Research Facilities; (C) 1 percent of such amounts during any fiscal year for carrying out section 301 and part D of title IV of the Public Health Service Act with respect to health information communications; and (D) the remainder of such amounts during any fiscal year to member institutes and centers, including the Office of AIDS Research, of the National Institutes of Health in the same proportion to the total amount received under this section, as the amount of annual appropriations under appropriations Acts for each member institute and Centers for the fiscal year bears to the total amount of appropriations under appropriations Acts for all member institutes and Centers of the National Institutes of Health for the fiscal year. (2) Plans of allocation.--The amounts transferred under paragraph (1)(D) shall be allocated by the Director of the National Institutes of Health or the various directors of the institutes and centers, as the case may be, pursuant to allocation plans developed by the various advisory councils to such directors, after consultation with such directors. (3) Grants and contracts fully funded in first year.--With respect to any grant or contract funded by amounts distributed under paragraph (1), the full amount of the total obligation of such grant or contract shall be funded in the first year of such grant or contract, and shall remain available until expended. (4) Trigger and release of monies and phase-in.-- (A) Trigger and release.--No expenditure shall be made under paragraph (1) during any fiscal year in which the annual amount appropriated for the National Institutes of Health is less than the amount so appropriated for the prior fiscal year. (B) Phase-in.--The Secretary of Health and Human Services shall phase-in the distributions required under paragraph (1) so that-- (i) 25 percent of the amount in the Fund is distributed in the first fiscal year for which funds are available; (ii) 50 percent of the amount in the Fund is distributed in the second fiscal year for which funds are available; (iii) 75 percent of the amount in the Fund is distributed in the third fiscal year for which funds are available; and (iv) 100 percent of the amount in the Fund is distributed in the fourth and each succeeding fiscal year for which funds are available. (d) Budget Treatment of Amounts in Fund.--The amounts in the Fund shall be excluded from, and shall not be taken into account, for purposes of any budget enforcement procedure under the Congressional Budget Act of 1974 or the Balanced Budget and Emergency Deficit Control Act of 1985.

National Fund for Health Research Act - Establishes the National Fund for Health Research. Transfers to the Fund amounts equivalent to amounts designated by each health plan equal to a specified percentage of all premiums received by each health plan for each calendar year and transferred to the Treasury. Mandates distributions from the Fund to the National Institutes of Health, the National Center for Research Resources, and for carrying out specified Public Health Service Act provisions relating to health information communications. Excludes amounts in the Fund from consideration or enforcement with regard to the Congressional Budget Act of 1974 or the Balanced Budget and Emergency Deficit Control Act of 1985.

National Fund for Health Research Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Roads to Success Act of 2005''. SEC. 2. DEFINITIONS. In this Act: (1) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (2) Secondary school.--The term ``secondary school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) State educational agency.--The term ``State educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). SEC. 3. ROADS TO SUCCESS. (a) Program Authorized.--From amounts appropriated under section 5, the Secretary shall award a grant to carry out the activities described in subsection (b) to Roads to Success (referred to in this Act as the ``grantee''), a nonprofit educational organization that has as its primary purposes increasing awareness of the importance of higher education, developing career awareness, building life skills, and providing education planning to secondary school students. (b) Grant Agreement.--The grantee shall enter into an agreement with the Secretary that requires that the grantee-- (1) develop a curriculum-based higher education preparation program curriculum for students in grades 7 through 12 that-- (A)(i) provides information for the students about the opportunities for and the importance of higher education; (ii) develops the career awareness of the students; (iii) builds the students' life skills; and (iv) provides education planning to the students; and (B) provides 1 class hour of higher education preparation instruction each week for students in grades 7 through 12; and (2) award subgrants to not more than 5 State educational agencies to enable the State educational agencies to provide higher education preparation programs, using the higher education preparation program curriculum designed by the grantee, to students in grades 7 through 12 in middle schools and secondary schools served by the State educational agencies. (c) Subgrants.-- (1) Award basis.--In awarding a subgrant under subsection (b)(2), the grantee shall take into consideration the number of middle schools and secondary schools served by the State educational agency that have historically low rates of student application and admission to institutions of higher education. (2) Authorized activities.--A State educational agency receiving a subgrant under subsection (b)(2)-- (A) shall use subgrant funds to implement the higher education preparation program curriculum developed under subsection (b)(1) in middle schools and secondary schools served by the State educational agency; and (B) may use subgrant funds, or any other funds including private funds, to supplement the higher education preparation program described in subparagraph (A) with appropriate enrichments, such as guest speakers, videos, Web-based services, or multimedia tools. (3) Requirement.--In selecting students in grades 7 through 12 to participate in the higher education preparation program, a State educational agency receiving a subgrant under subsection (b)(2) shall give priority to students in the middle schools and secondary schools served by the State educational agency that have historically low rates of student application and admission to institutions of higher education. (4) Duration.--The grantee shall award each subgrant under subsection (b)(2) for a period of 5 years. SEC. 4. REPORTS. (a) State Educational Agency Reports.--Beginning in fiscal year 2007, a State educational agency receiving a subgrant under section 3(b)(2) shall-- (1) require that each middle school and secondary school participating in the higher education preparation program submit an annual report on the progress of such program to the State educational agency; and (2) submit an annual report on the progress of the higher education preparation program to the grantee. (b) Grantee Reports.--The grantee shall submit an annual report on the progress of the higher education preparation program curriculum and the higher education preparation program subgrants to the Secretary. (c) Reports to Congress.-- (1) Annual reports.--The Secretary shall submit to Congress an annual report on the progress of the activities funded under this Act. (2) Final report.--Not later than 90 days after the conclusion of the time period for all subgrants under section 3(b)(2), the Secretary shall submit to Congress a final report on the results of the higher education preparation program, together with recommendations for such legislative or administrative action as the Secretary determines appropriate. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $10,000,000 for each of the fiscal years 2006 through 2011.

Roads to Success Act of 2005 - Directs the Secretary of Education to make a grant to a nonprofit educational organization, Roads to Success, to develop a higher education preparation program curriculum for students in grades 7-12. Requires the curriculum to provide such students with: (1) one class hour of higher education preparation each week; (2) information on higher education opportunities and importance; (3) career awareness development; (3) life skills building; and (4) education planning. Requires the grantee to award subgrants to up to five state educational agencies to provide such students with higher education preparation programs using the curriculum.

A bill to provide education to students in grades 7 through 12 about the importance of higher education.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``ILSA Enhancement and Compliance Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--AMENDMENTS TO THE IRAN AND LIBYA SANCTIONS ACT OF 1996 Sec. 101. Multilateral regime. Sec. 102. Imposition of sanctions. Sec. 103. Description of sanctions. Sec. 104. Termination of sanctions. Sec. 105. Sunset. Sec. 106. Definitions. Sec. 107. Effective date. TITLE II--OFFICE OF GLOBAL SECURITY RISK IN THE SECURITIES AND EXCHANGE COMMISSION Sec. 201. Establishment of office. Sec. 202. Reports. SEC. 2. FINDINGS. Congress makes the following findings: (1) On September 16, 2003, the Under Secretary for Arms Control and International Security, John R. Bolton, stated before the Committee on International Relations of the House of Representatives that: ``Without question, among rogue states, those most aggressively seeking to acquire or develop weapons of mass destruction and their means of delivery, and which are therefore threats to our national security, are Iran and North Korea, followed by Libya and Syria. It is also the case that these states are among those we identify as state sponsors of terrorism.''. (2) In his statement before the International Atomic Energy Agency (IAEA) of the United Nations on September 8, 2003, United States Ambassador Kenneth Brill denounced Iran's patterns of deception regarding its nuclear program by declaring Iran to be ``working in secret, going back into the 1980s, to develop sophisticated nuclear facilities; stalling, stonewalling, and on a number of occasions first providing the IAEA false information, and then changing its story when the original version was revealed to be inaccurate; and attempting to cover up traces of its activities to avoid detection by the Agency''. (3) The Final Resolution of the Board of Governors of the International Atomic Energy Agency on September 11, 2003, noted with concern, ``that the agency environmental sampling at Natanz has revealed the presence of two types of highly enriched uranium, which requires additional work to enable the Agency to arrive at a conclusion; that IAEA inspectors found considerable modifications had been made to the premises at the Kalaye Electric Company prior to inspections that may impact on the accuracy of the environmental sampling; that some of Iran's statements to the IAEA have undergone significant and material changes, and that the number of outstanding issues has increased since the report; and that despite the Board's statement in June 2003 encouraging Iran as a confidence- building measure, not to introduce nuclear material into its pilot centrifuge enrichment cascade at Natanz, Iran has introduced such material''. (4) The Government of Iran, in a letter to the International Atomic Energy Agency of August 19, 2003, acknowledged that, in the early 1990s, there had been ``bench scale'' uranium conversion experiments. Iran has indicated that more time will be needed to find the people involved in these experiments and to trace any other closed down facilities. (5) Iranian authorities have stated that none of the imported uranium had been processed and specifically, that it had not been used in any centrifuge tests. It was observed, however, during IAEA verification in March 2003, that some of the UF<INF>6</INF> was in fact missing from the two small cylinders. (6)(A) Iranian authorities told the International Atomic Energy Agency that the decision to launch a centrifuge enrichment program had actually been taken in 1985 and that Iran had received drawings of the centrifuge through a foreign intermediary around 1987. (B) The Iranian authorities described the program as having consisted of three phases: activities during the first phase, from 1985 until 1997, had been located mainly at the Atomic Energy Organization of Iran (AEOI) premises in Tehran; during the second phase, between 1997 and 2002, the activities had been concentrated at the Kalaye Electric Company in Tehran; during the third phase, 2002 to the present, the research and development and assembly activities were moved to the Natanz facility. (7) In the August 19, 2003, letter from Iran, the International Atomic Energy Agency was informed that, in the past, apart from planned co-operation in laser fusion and laser spectroscopy which never materialized, there had been a research thesis on laser spectroscopy prepared by a university student in co-operation with the laser division of the Atomic Energy Organization of Iran. Such a study by the AEOI could later prove to be relevant to the implementation of laser enrichment programs in Iran. (8) In September 2003, Britain, France, and Germany nevertheless offered western technology to Iran if it stopped its nuclear fuel enrichment program and accepted more intrusive United Nations inspections of its nuclear facilities, all in defiance of the United States efforts to achieve a united front to counter the burgeoning Iranian nuclear program. (9) European oil investment and credit provisions have unquestionably helped the Iranian economy by enabling it to build its nuclear program. The Iranians are boasting that as much as $20,000,000,000 in oil agreements have been signed between Iran and European Union countries since 1995. (10) France's Totalfina formed a multi-billion dollar consortium to develop Iranian oil fields of South Pars in 1995 and has been adding to its development ever since. Britain has issued credit guarantees to back up its oil investments in Iran as well. (11) Germany is actively seeking to increase its exports to Iran and in 2001 it quadrupled its export insurance to that country. The French bank BNP Paribas has arranged $2,230,000,000 in loans for Iran since 1990. (12) Europe has also been actively seeking a European Union-Iran trade pact, formally giving the go-ahead to pursue investments in Iran. (13) The Assistant Secretary of State for Nonproliferation, John S. Wolf, in testimony before the Committee on Foreign Relations of the Senate on March 19, 2003, stated that: ``Libya has crossed the nuclear threshold and is among the list of nuclear wannabees. These wannabees seek nuclear weapons capabilities even though they are all parties to the [Treaty on the Non-Proliferation of Nuclear Weapons].''. (14) In testimony before the Select Committee on Intelligence of the Senate on February 10, 2003, the Director of Central Intelligence, George J. Tenet, remarked: ``Libya clearly intends to reestablish its offensive chemical weapons capability and has produced at least 100 tons of chemical agents at its Rabta facility.''. (15) In addition to manufacturing and possessing chemical weapons, Libya has a history of employing them. According to the Department of Defense, in 1987 Libya employed chemical agents against troops from its neighboring country of Chad. Libya has used missiles and aircraft in combat. Libya also ``fired SCUD missiles at an Italian island in 1987'', according to the 2001 Department of Defense ``Proliferation: Threat and Response'' Report. (16) According to the same report, Libya may be capable of producing small quantities of biological agents. And, ``with the suspension of UN sanctions, Libya's ability to acquire biological-related equipment and expertise will increase''. (17) The Government of Libya continues to seek ballistic missile delivery systems that could be used for chemical or nuclear warfare. On October 31, 2002, the director of the United States Missile Defense Agency, Lieutenant General Ronald Kadish, stated: ``The Libyans have been pretty active in trying to get missile capability, and not just short-range. They have enough money to buy it . . . We worry a lot about Libya in the Missile Defense Agency.''. TITLE I--AMENDMENTS TO THE IRAN AND LIBYA SANCTIONS ACT OF 1996 SEC. 101. MULTILATERAL REGIME. (a) Multilateral Negotiations.--Section 4(a) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended-- (1) by inserting ``and Libya'' after ``Iran''; and (2) by striking ``Iran's efforts'' and inserting ``the efforts of both Iran and Libya''. (b) Reports to Congress.--Section 4(b) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as follows: ``(b) Reports to Congress.--The President shall prepare and transmit to the appropriate congressional committees not later than 6 months after the date of enactment of the ILSA Enhancement and Compliance Act, and once every 6 months thereafter, a report on the specific diplomatic efforts undertaken pursuant to subsection (a), the results of these efforts, and a description of proposed diplomatic efforts pursuant to such subsection. Each report shall include-- ``(1) the countries that have agreed to undertake measures to further the objectives of section 3 with respect to either Iran or Libya; ``(2) a description of those measures, including-- ``(A) government actions with respect to public or private entities (or their subsidiaries) located in their territories, that are engaged in Iran or Libya; ``(B) any decisions by the governments of these countries to rescind or continue the provision of credits, guarantees, or other governmental assistance to these entities; and ``(C) actions taken in international fora to further the objectives of section 3; and ``(3) the countries that have not agreed to undertake measures to further the objectives of section 3 with respect to Iran or Libya, and the reasons therefor.''. (c) Suspension.--Section 4(c) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as follows: ``(c) Suspension.--The President may suspend the application of section 5(a) with respect to nationals of a country on a case by case basis for a period of not more than 6 months, if the President certifies to the appropriate congressional committees at least 30 days before the suspension is to take effect that-- ``(1) the suspension is vital to the national security of the United States; and ``(2) the country has undertaken substantial measures, including economic sanctions, to prevent the acquisition and development of weapons of mass destruction by the Government of Iran or Libya, as the case may be, and to carry out activities described in section 2 of this Act.''. (d) Investigations.--Section 4 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by adding at the end the following new subsection: ``(f) Investigations.-- ``(1) In general.--Upon public or private disclosure of activity related to investment in Iran or Libya as described in this Act, the President shall direct the Secretary of the Treasury to initiate an investigation into the possible imposition of sanctions with respect to such activity and to provide a recommendation to the President for such purposes. ``(2) Determination and notification.--Not later than 90 days after the date of the disclosure of activity described in paragraph (1), the President shall make a determination whether or not to impose sanctions with respect to the activity and shall notify the appropriate congressional committees of the basis for this determination.''. SEC. 102. IMPOSITION OF SANCTIONS. (a) Sanctions With Respect to Development of Petroleum Resources.-- Section 5(a) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended-- (1) in the heading, by striking ``to Iran'' and inserting ``to Development of Petroleum Resources''; (2) by striking ``, with actual knowledge,''; and (3) by striking ``Iran's ability to develop petroleum resources in Iran'' and inserting ``the ability of Iran or Libya to develop petroleum resources, as the case may be''. (b) Sanctions With Respect to Development of Weapons of Mass Destruction or Other Military Capabilities.--Section 5(b) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as follows: ``(b) Mandatory Sanctions With Respect to Development of Weapons of Mass Destruction or Other Military Capabilities.--Notwithstanding any other provision of law, the President shall impose 2 or more of the sanctions described in paragraphs (1) through (6) of section 6 if the President determines that a person has, on or after the date of the enactment of this Act, exported, transferred, or otherwise provided to Iran or Libya any goods, services, technology, or other items the provision of which significantly and materially-- ``(1) contributed to the ability of Iran or Libya to acquire chemical, biological, or nuclear weapons or destabilizing numbers and types of advanced conventional weapons or enhanced the military or paramilitary capabilities of Iran or Libya; or ``(2) contributed to the ability of Iran or Libya to maintain its aviation capabilities.''. (c) Persons Against Which the Sanctions Are To Be Imposed.--Section 5(c)(2) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended-- (A) in subparagraph (B), by striking ``or'' at the end; (B) in subparagraph (C), by striking the period and inserting ``; or''; and (C) by adding at the end the following new subparagraph: ``(D) is a private or government lender, insurer, underwriter, re-insurer, or guarantor of the person referred to in paragraph (1).''. SEC. 103. DESCRIPTION OF SANCTIONS. Paragraphs (1) through (6) of section 6 of the Iran and Libya Sanctions Act 1996 (50 U.S.C. 1701 note) is amended by striking ``may'' each place it occurs and inserting ``shall''. SEC. 104. TERMINATION OF SANCTIONS. Section 8 of the Iran and Libya Sanctions Act 1996 (50 U.S.C. 1701 note) is amended-- (1) in subsection (a)-- (A) by striking the heading; (B) in the introductory matter preceding paragraph (1)-- (i) by inserting ``or Libya'' after ``Iran'' the first place it appears; and (ii) by inserting ``or Libya, as the case may be'' after ``Iran'' the second place it appears; (C) in paragraph (1)(C), by striking ``and'' at the end; (D) in paragraph (2), by striking the period at the end and inserting ``; and''; and (E) by adding at the end the following: ``(3) poses no threat to the national security of the United States, its interests, or allies.''; and (2) by striking subsection (b). SEC. 105. SUNSET. Section 13 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is hereby repealed. SEC. 106. DEFINITIONS. (a) Investment.--Section 14(9) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended in the last sentence by striking ``does not include'' and inserting ``includes''. (b) Person.--Section 14(14)(B) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended-- (1) by inserting after ``trust'' the following: ``, financial institution, insurer, underwriter, re-insurer, guarantors''; and (2) by striking ``operating as a business enterprise''. (c) Petroleum Resources.--Section 14(15) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended-- (1) by striking ``and'' and inserting a comma; and (2) by inserting ``, and petroleum by-products'' after ``resources''. SEC. 107. EFFECTIVE DATE. The amendments made by sections 102 and 103 shall apply to investments made on or after the date of the enactment of this Act. TITLE II--OFFICE OF GLOBAL SECURITY RISK IN THE SECURITIES AND EXCHANGE COMMISSION SEC. 201. ESTABLISHMENT OF OFFICE. The Securities and Exchange Commission shall establish an Office of Global Security Risk within the Division of Corporation Finance. The duties of this office shall include, but will not be limited to: (1) Establishing a process by which the Commission identifies all issuers (as defined in section 2(a)(7) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a)(7))) that are operating in countries, particularly Iran and Libya, the governments of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. app. 2405(j)(1)), have repeatedly provided support for acts of international terrorism. (2) Ensuring that all issuers operating in countries described in paragraph (1) are disclosing to investors the nature of their operations in such countries. (3) Implementing enhanced disclosure requirements based on the asymmetric nature of the risk to corporate share value and reputation stemming from business interests in these higher risk countries. (4) Coordinating with other government agencies to ensure the sharing of relevant information across the Federal Government. (5) Initiating a global dialogue to ensure that foreign corporations whose shares are traded in the United States are properly disclosing their activities in countries described in paragraph (1) to United States investors. SEC. 202. REPORTS. The Commission shall provide the appropriate Congressional committees with quarterly reports on the activities of Office of Global Security Risk established pursuant to section 201.

ILSA Enhancement and Compliance Act - Amends the Iran and Libya Sanctions Act of 1996 to urge the President to immediately commence diplomatic efforts to establish a multilateral sanctions regime against Libya (currently limited to Iran). Expands reporting requirements by the President to Congress to cover Libya and specified governmental actions and assistance with respect to Iran or Libya. Authorizes the President to suspend the application of sanctions upon certification that: (1) the suspension is vital to national security; and (2) the country has undertaken substantial measures to prevent the acquisition and development of weapons of mass destruction by the Government of Iran or Libya. Directs the President: (1) upon disclosure of specified activity related to investment in Iran or Libya, to direct the Secretary of the Treasury to initiate an investigation; and (2) to impose two or more of specified mandatory sanctions upon determining that a person has provided to Iran or Libya any goods, services, technology, or other items which significantly and materially contributed to their ability to acquire chemical, biological, or nuclear weapons or specified other capabilities. Makes specified sanctions under the Act mandatory. Repeals the Act's sunset provision. Directs the Securities and Exchange Commission to establish an Office of Global Security Risk to: (1) establish a process for identifying all issuers that are operating in countries (particularly Iran and Libya) whose governments have repeatedly provided support for acts of international terrorism; and (2) ensure and enhance issuer disclosures regarding operations, risks of operating, and activities in such countries.

To amend the Iran and Libya Sanctions Act of 1996 to prevent the direct and indirect financing of the development of weapons of mass destruction programs by Iran and Libya, and for other purposes.

SECTION 1. COMMISSION ON THE IMPLEMENTATION OF THE NEW STRATEGIC POSTURE OF THE UNITED STATES. (a) Establishment and Members.--Subsection (a) of section 1051 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3431) is amended-- (1) in paragraph (1), by striking the second, third, and fourth sentences; (2) in paragraph (3), by adding at the end the following new sentence: ``The chairman shall be in charge of all financial and administrative matters relating to the Commission.''; and (3) by adding at the end the following new paragraphs: ``(6) Pay and travel allowances.--Members of the Commission shall serve without pay by reason of their work on the Commission. The members shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. ``(7) Postal and printing services.--The Commission may use the United States mails and obtain printing and binding services in the same manner and under the same conditions as other departments and agencies of the Federal Government.''. (b) Submission of Final Report.--Subsection (c) of section 1051 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3431), as amended by section 1072 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2403), is amended to read as follows: ``(c) Submission of Report to Congress.--Not later than 18 months after the first meeting of the Commission, the Commission shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the Commission's findings and conclusions.''. (c) Staff.--Section 1051 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3431) is amended-- (1) by redesignating subsection (d) as subparagraph (C) and transferring such subparagraph, as so redesignated, to the end of paragraph (3) of subsection (b); (2) by inserting after such subparagraph, as so redesignated and transferred, the following new subparagraph: ``(D) Miscellaneous administrative and support services.--The Secretary of Defense shall furnish the Commission, on a reimbursable basis, any administrative and support services requested by the Commission.''; and (3) by inserting after subsection (c) the following new subsection (d): ``(d) Staff.--The chairman of the Commission may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, appoint a staff director and such additional personnel as may be necessary to enable the Commission to perform its duties. The appointment of a staff director shall be subject to the approval of the Commission. The chairman may also procure temporary and intermittent services under section 3109(b) of such title at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of such title.''. (d) Guaranteed Funding for Commission.--Subsection (e) of section 1051 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3431) is amended by adding at the end the following new sentence: ``For fiscal year 2008, the funds provided by the Secretary of Defense for activities of the Commission shall be equal to $4,500,000 or such lesser amount as the Commission may specify as necessary for its activities.''. (e) Termination of Commission.--Subsection (f) of section 1051 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3431), as amended by section 1072 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2403), is amended by striking ``on November 30, 2007'' and inserting ``30 days after the date on which the Commission submits its report under subsection (c)''. (f) Implementation.--Subsection (g) of section 1051 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3431) is amended to read as follows: ``(g) First Meeting.--The chairman of the Commission shall designate the dates for the first and subsequent meetings of the Commission and may conduct Commission business in the absence of a quorum.''. (g) Additional Members.--During the 30-day period beginning on the date of the enactment of this Act, the chairman of the Committee on Armed Services of the Senate and the chairman of the Committee on Armed Services of the House of Representatives may jointly appoint up to three additional members to serve on the Commission on the Implementation of the New Strategic Posture of the United States established pursuant to section 1051 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3431). The appointment of the additional members of the Commission shall be made in consultation with the ranking minority members of such committees.

Amends the National Defense Authorization Act for Fiscal Year 2006 to: (1) make the chairman of the Commission on the Implementation of the New Strategic Posture of the United States responsible for all Commission financial and administrative matters; (2) extend until 18 months after its first meeting the deadline for the Commission's final report to the congressional defense committees; (3) provide guaranteed Commission funding for FY2008; and (4) terminate the Commission 30 days after the date of its final report. Authorizes the chairmen of the defense committees to jointly appoint up to three additional Commission members.

To amend the National Defense Authorization Act for Fiscal Year 2006 to extend the deadline for the submission of the final report of the Commission on the Implementation of the New Strategic Posture of the United States, to provide for the appointment of additional members for the Commission, to ensure the availability of funds for the Commission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Contractor Simplification and Relief Act of 1999''. SEC. 2. SAFE HARBOR FOR DETERMINING THAT CERTAIN INDIVIDUALS ARE NOT EMPLOYEES. (a) In General.--Chapter 25 (relating to general provisions relating to employment taxes) is amended by adding after section 3510 the following new section: ``SEC. 3511. SAFE HARBOR FOR DETERMINING THAT CERTAIN INDIVIDUALS ARE NOT EMPLOYEES. ``(a) Safe Harbor.-- ``(1) In general.--For purposes of this title, if the requirements of subsections (b), (c), and (d), or the requirements of subsections (d) and (e), are met with respect to any service performed by any individual, then with respect to such service-- ``(A) the service provider shall not be treated as an employee, ``(B) the service recipient shall not be treated as an employer, ``(C) the payor shall not be treated as an employer, and ``(D) compensation paid or received for such service shall not be treated as paid or received with respect to employment. ``(2) Availability of safe harbor not to limit application of other laws.--Nothing in this section shall be construed-- ``(A) as limiting the ability of a service provider, service recipient, or payor to apply other provisions of this title, section 530 of the Revenue Act of 1978, or the common law in determining whether an individual is not an employee, or ``(B) as a prerequisite for the application of any provision of law described in subparagraph (A). ``(b) Service Provider Requirements With Regard to the Service Recipient.--For purposes of subsection (a), the requirements of this subsection are met if the service provider, in connection with performing the service-- ``(1) has the ability to realize a profit or loss, ``(2) agrees to perform services for a particular amount of time or to complete a specific result or task, and ``(3) either-- ``(A) incurs unreimbursed expenses which are ordinary and necessary to the service provider's industry and which represent an amount equal to at least 2 percent of the service provider's adjusted gross income attributable to services performed pursuant to 1 or more contracts described in subsection (d), or ``(B) has a significant investment in assets. ``(c) Additional Service Provider Requirements With Regard to Others.--For the purposes of subsection (a), the requirements of this subsection are met if the service provider-- ``(1) has a principal place of business, ``(2) does not primarily provide the service at a single service recipient's facilities, ``(3) pays a fair market rent for use of the service recipient's facilities, or ``(4) operates primarily from equipment not supplied by the service recipient. ``(d) Written Document Requirements.--For purposes of subsection (a), the requirements of this subsection are met if the services performed by the service provider are performed pursuant to a written contract between such service provider and the service recipient, or the payor, and such contract provides that the service provider will not be treated as an employee with respect to such services for Federal tax purposes and that the service provider is responsible for the provider's own Federal, State, and local income taxes, including self- employment taxes and any other taxes. ``(e) Business Structure and Benefits Requirements.--For purposes of subsection (a), the requirements of this subsection are met if the service provider-- ``(1) conducts business as a properly constituted corporation or limited liability company under applicable State laws, and ``(2) does not receive from the service recipient or payor any benefits that are provided to employees of the service recipient. ``(f) Special Rules.--For purposes of this section-- ``(1) Failure to meet reporting requirements.--If for any taxable year any service recipient or payor fails to meet the applicable reporting requirements of section 6041(a) or 6041A(a) with respect to a service provider, then, unless the failure is due to reasonable cause and not willful neglect, the safe harbor provided by this section for determining whether individuals are not employees shall not apply to such service recipient or payor with respect to that service provider. ``(2) Corporation and limited liability company service providers.-- ``(A) Returns required.--If, for any taxable year, any corporation or limited liability company fails to file all Federal income and employment tax returns required under this title, unless the failure is due to reasonable cause and not willful neglect, subsection (e) shall not apply to such corporation or limited liability company. ``(B) Reliance by service recipient or payor.--If a service recipient or a payor-- ``(i) obtains a written statement from a service provider which states that the service provider is a properly constituted corporation or limited liability company, provides the State (or in the case of a foreign entity, the country), and year of, incorporation or formation, provides a mailing address, and includes the service provider's employer identification number, and ``(ii) makes all payments attributable to services performed pursuant to 1 or more contracts described in subsection (d) to such corporation or limited liability company, then the requirements of subsection (e)(1) shall be deemed to have been satisfied. ``(C) Availability of safe harbor.-- ``(i) In general.--For purposes of this section, unless otherwise established to the satisfaction of the Secretary, the number of covered workers which are not treated as employees by reason of subsection (e) for any calendar year shall not exceed the threshold number for the calendar year. ``(ii) Threshold number.--For purposes of this paragraph, the term `threshold number' means, for any calendar year, the greater of (I) 10 covered workers, or (II) a number equal to 3 percent of covered workers. ``(iii) Covered worker.--For purposes of this paragraph, the term `covered worker' means an individual for whom the service recipient or payor paid employment taxes under subtitle C in all 4 quarters of the preceding calendar year. ``(3) Burden of proof.--For purposes of subsection (a), if-- ``(A) a service provider, service recipient, or payor establishes a prima facie case that it was reasonable not to treat a service provider as an employee for purposes of this section, and ``(B) the service provider, service recipient, or payor has fully cooperated with reasonable requests from the Secretary or his delegate, then the burden of proof with respect to such treatment shall be on the Secretary. ``(4) Related entities.--If the service provider is performing services through an entity owned in whole or in part by such service provider, the references to service provider in subsections (b) through (e) shall include such entity if the written contract referred to in subsection (d) is with such entity. ``(g) Determinations by the Secretary.--For purposes of this title-- ``(1) In general.-- ``(A) Determinations with respect to a service recipient or a payor.--A determination by the Secretary that a service recipient or a payor should have treated a service provider as an employee shall be effective no earlier than the notice date if-- ``(i) the service recipient or the payor entered into a written contract satisfying the requirements of subsection (d), ``(ii) the service recipient or the payor satisfied the applicable reporting requirements of section 6041(a) or 6041A(a) for all taxable years covered by the contract described in clause (i), and ``(iii) the service recipient or the payor demonstrates a reasonable basis for determining that the service provider is not an employee and that such determination was made in good faith. ``(B) Determinations with respect to a service provider.--A determination by the Secretary that a service provider should have been treated as an employee shall be effective no earlier than the notice date if-- ``(i) the service provider entered into a contract satisfying the requirements of subsection (d), ``(ii) the service provider satisfied the applicable reporting requirements of sections 6012(a) and 6017 for all taxable years covered by the contract described in clause (i), and ``(iii) the service provider demonstrates a reasonable basis for determining that the service provider is not an employee and that such determination was made in good faith. ``(C) Reasonable cause exception.--The requirements of subparagraph (A)(ii) or (B)(ii) shall be treated as being met if the failure to satisfy the applicable reporting requirements is due to reasonable cause and not willful neglect. ``(2) Construction.--Nothing in this subsection shall be construed as limiting any provision of law that provides an opportunity for administrative or judicial review of a determination by the Secretary. ``(3) Notice date.--For purposes of this subsection, the notice date is the 30th day after the earlier of-- ``(A) the date on which the first letter of proposed deficiency that allows the service provider, the service recipient, or the payor an opportunity for administrative review in the Internal Revenue Service Office of Appeals is sent, or ``(B) the date on which the deficiency notice under section 6212 is sent. ``(h) Definitions.--For the purposes of this section-- ``(1) Service provider.--The term `service provider' means any individual who performs a service for another person. ``(2) Service recipient.--Except as provided in paragraph (4), the term `service recipient' means the person for whom the service provider performs such service. ``(3) Payor.--Except as provided in paragraph (4), the term `payor' means the person who pays the service provider for the performance of such service in the event that the service recipient does not pay the service provider. ``(4) Exceptions.--The terms `service recipient' and `payor' do not include any entity in which the service provider owns in excess of 5 percent of-- ``(A) in the case of a corporation, the total combined voting power of stock in the corporation, or ``(B) in the case of an entity other than a corporation, the profits or beneficial interests in the entity. ``(5) In connection with performing the service.--The term `in connection with performing the service' means in connection or related to the operation of the service provider's trade or business. ``(6) Principal place of business.--For purposes of subsection (c), the term `principal place of business' has the same meaning as under section 280A(c)(1) (as in effect for taxable years beginning after December 31, 1998). ``(7) Fair market rent.--The term `fair market rent' means a periodic, fixed minimum rental fee which is based on the fair rental value of the facilities and is established pursuant to a written contract with terms similar to those offered to unrelated persons for facilities of similar type and quality.'' (b) Repeal of Section 530(d) of the Revenue Act of 1978.--Section 530(d) of the Revenue Act of 1978 (as added by section 1706 of the Tax Reform Act of 1986) is repealed. (c) Clerical Amendment.--The table of sections for chapter 25 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 3511. Safe harbor for determining that certain individuals are not employees.'' (d) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to services performed after the date of the enactment of this Act. (2) Determinations by the secretary.--Section 3511(g) of the Internal Revenue Code of 1986 (as added by subsection (a)) shall apply to determinations after the date of the enactment of this Act. (3) Section 531(d).--The amendment made by subsection (b) shall apply to periods ending after the date of the enactment of this Act.

Amends the Revenue Act of 1978, as amended by the Tax Reform Act of 1986 to repeal the prohibition on treating certain technical service providers as independent contractors.

Independent Contractor Simplification and Relief Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Efficiency Free Market Act of 2016''. SEC. 2. REPEAL OF ENERGY CONSERVATION STANDARDS. (a) Definitions.--Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended-- (1) in paragraph (4), by striking ``, determined in accordance with test procedures under section 323''; (2) in paragraph (5), by striking ``, determined in accordance with test procedures under section 323''; (3) by striking paragraph (6); (4) in paragraph (7), by striking ``, determined in accordance with section 323''; (5) by striking paragraphs (19), (20), (22), (26), and (28); (6) in paragraph (29), by striking subparagraphs (C), (D), (E), (G), (H), (I), (J), (K), (L), (M), (N), (O), and (P); (7) in paragraph (30), by striking subparagraphs (G), (O), (U), and (V); (8) in paragraph (31), by striking subparagraph (H); and (9) by striking paragraphs (32), (33), (34), (35), (36), (37), (38), (39), (40), (41), (42), (43), (44), (45), (47), (48), (50), (52), (53), (54), (55), (56), (57), (59), (60), (62), (65), and (66). (b) Test Procedures.--Section 323 of the Energy Policy and Conservation Act (42 U.S.C. 6293) is amended-- (1) by striking subsections (a), (b), (d), (e), and (f); and (2) in subsection (c)-- (A) in paragraph (1), by striking ``a test procedure is applicable under subsection (a)'' and inserting ``a test procedure was applicable under subsection (a) or (b), as in effect on the date before the date of enactment of the Energy Efficiency Free Market Act of 2016,''; and (B) by striking paragraphs (2) and (3). (c) Labeling.--Section 324 of the Energy Policy and Conservation Act (42 U.S.C. 6294) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (B), by striking ``and to which standards are applicable under section 325''; (ii) in subparagraph (C)(i), by striking ``and to which standards are applicable under section 325''; (iii) in subparagraph (D)-- (I) by striking clause (ii); and (II) in clause (iii)(II)-- (aa) in item (aa), by striking ``; and'' and inserting a period; and (bb) by striking item (bb); (iv) by striking subparagraph (E); and (v) by striking subparagraph (F); (B) in paragraph (3)-- (i) by striking the comma at the end of subparagraph (A) and inserting ``; and''; and (ii) by striking subparagraph (B); and (C) by striking paragraph (5); and (2) in subsection (c)-- (A) in paragraph (1)(A), by striking ``(determined in accordance with test procedures prescribed under section 323)'' each place it appears; (B) by striking paragraph (2)(C); and (C) in paragraph (8)(A), by striking ``in accordance with test procedures prescribed under section 323'' and inserting ``in accordance with generally accepted industry testing procedures''. (d) Energy Conservation Standards.--Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is repealed. (e) Requirements of Manufacturers.--Section 326 of the Energy Policy and Conservation Act (42 U.S.C. 6296) is amended-- (1) in subsection (b)-- (A) by striking paragraph (3)(A); (B) in paragraph (4), by striking ``in accordance with the test procedures applicable to such product under section 323'' and inserting ``in accordance with generally accepted industry testing procedures''; and (C) in paragraph (5), by striking ``323, 324, or 325'' and inserting ``324''; and (2) in subsection (d)-- (A) by striking ``and the economic impact of any proposed energy conservation standard''; and (B) by striking ``test procedures, labeling rules, and energy conservation standards'' and inserting ``labeling rules''. (f) Effect on Other Law.--Section 327 of the Energy Policy and Conservation Act (42 U.S.C. 6297) is amended by striking subsections (a) through (f) and inserting the following: ``(a) Prohibition on Energy Conservation Standards.--No State or Federal agency may adopt or continue in effect any requirement to comply with a standard for energy conservation or water efficiency with respect to a product.''. (g) Prohibited Acts.--Section 332(a) of the Energy Policy and Conservation Act (42 U.S.C. 6302(a)) is amended-- (1) in paragraph (4), by striking the semicolon and inserting ``; or''; (2) by striking paragraphs (5), (6), and (7); and (3) in paragraph (8)(D), by striking ``described in section 325(e)(6)(A)(ii)(V)''. (h) Enforcement.--Section 333 of the Energy Policy and Conservation Act (42 U.S.C. 6303) is amended-- (1) in subsection (a)-- (A) by striking ``or violations of paragraph (5), (6), (7), or (8)'' and inserting ``a violation of paragraph (8)''; and (B) by striking ``Each violation of paragraph (1), (2), (5), (6), (7), or (8)'' and inserting ``Each violation of paragraph (1), (2), or (8)''; and (2) by striking subsection (c). (i) Injunctive Enforcement.--Section 334 of the Energy Policy and Conservation Act (42 U.S.C. 6304) is amended-- (1) in the first sentence, by striking ``or 325''; (2) in the second sentence, by striking ``(5), (6), (7), or'' ; and (3) by striking the third sentence. (j) Citizen Suits.--Section 335(a) of the Energy Policy and Conservation Act (42 U.S.C. 6305(a)) is amended-- (1) in paragraph (1), by striking the semicolon at the end and inserting ``; or''; (2) in paragraph (2), by striking ``; or'' and inserting a period; (3) by striking paragraph (3); and (4) in the matter following paragraph (3), by striking the second and third sentences. (k) Administrative Procedure and Judicial Review.--Section 336 of the Energy Policy and Conservation Act (42 U.S.C. 6306) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``323, 324, 325, 327, or 328'' and inserting ``324 or 328''; and (B) by striking paragraph (2); (2) in subsection (b), by striking ``section 323, 324, or 325'' each place it appears and inserting ``324''; and (3) by striking subsection (c). (l) Consumer Education.--Section 337 of the Energy Policy and Conservation Act (42 U.S.C. 6307) is amended by striking subsection (b). (m) Certain Industrial Equipment.--Part C of title III of the Energy Policy and Conservation Act (42 U.S.C. 6311 et seq.) is repealed.

Energy Efficiency Free Market Act of 2016 This bill amends the Energy Policy and Conservation Act to eliminate the Department of Energy's authority to set energy-efficiency and water conservation standards for consumer and commercial appliances. All existing standards are repealed. Additionally, the bill prohibitsstatesfrom setting their own energy-efficiency and water conservation standards.All existing state standards are nullified.

Energy Efficiency Free Market Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamlined Pollution Reporting and Technical Assistance Act''. SEC. 2. INTEGRATED ENVIRONMENTAL REPORTING. (a) Establishment.--The Administrator shall establish procedures for the streamlining and integration of requirements under Federal law for routine and emergency pollution related reporting to the Environmental Protection Agency. (b) Procedures.--The procedures established under subsection (a) shall, to the extent possible and consistent with other Federal law-- (1) designate or establish an office to serve as a single point of contact for all pollution related reporting to the Environmental Protection Agency, including reporting by State, tribal, and local agencies required to submit pollution related information to the Environmental Protection Agency; (2) permit pollution related reporting in paper form or through electronic media, at the option of the reporting person, for the first 5 years after the date of the enactment of this Act, and thereafter require pollution related reporting through electronic media; (3) ensure the security of electronic reporting procedures and associated databases; (4) require the use of consistent and easily understood methods of description, units of measurement, and terminology under all environmental laws and regulations, developed in consultation with State, tribal, and local governments, reporting persons, including industry, scientists, engineers, environmental groups, information technology experts, and other relevant stakeholders; (5) minimize duplicative reporting requirements; and (6) include appropriate procedure variations for different classes of reporting persons. (c) Preservation of Reporting Requirements.--Nothing in this Act shall be construed to eliminate, or to authorize the Administrator to eliminate, any reporting requirement under Federal law. SEC. 3. TECHNICAL ASSISTANCE AND OUTREACH. The office designated or established under section 2(b)(1) shall-- (1) provide education, training, and technical assistance, including through electronic means, to persons who may be required to report pollution related information to the Environmental Protection Agency; (2) inform potential reporting persons of related reporting requirements administered by other Federal agencies; (3) provide information useful for identifying potential pollution; (4) provide scientifically sound, publicly available information on pollution prevention technologies and practices; (5) develop and disseminate software, to the maximum extent practicable, to assist reporting persons in assembling required data, preparing and submitting reports, and receiving information provided under this section; (6) develop a strategy to provide timely assistance to small businesses; (7) provide information on models and best practices for life cycle analysis of manufacturing processes and products, including technical assistance on economics, environmental, new market, and product development issues for businesses interested in developing new processes that reduce the use of resources, or in manufacturing products in a way that maximized their potential to be converted into new products when their primary use expires; and (8) provide both technical and financial assistance to State, tribal, and local governments to assist them in developing reporting requirements consistent with the procedures established under section 2. SEC. 4. OFFICE. (a) Director.--The office designated or established under section 2(b)(1) shall be headed by a Director, who shall report to the Administrator and shall have the authority to ensure the compliance and coordination of all offices of the Environmental Protection Agency with the program established under this Act. The Director shall be an individual with experience and expertise in environmental management, information technology, and organizational management and leadership. (b) Authority To Contract.--The Administrator may arrange for qualified public or private organizations to perform functions described in section 3. SEC. 5. INTERAGENCY COORDINATION. (a) Integration.--The Administrator shall encourage integration between the office designated or established under section 2(b)(1) and State, tribal, and local agencies on pollution related reporting procedures. (b) Other Federal Programs.--The Administrator may request from other Federal agencies information on their pollution related reporting procedures. Such other agencies shall promptly comply with the Administrator's request. SEC. 6. ADVISORY COMMITTEE. (a) Establishment.--The Administrator, in consultation with the Director of the Office of Science and Technology Policy, the Director of the National Science Foundation, and the Secretary of Energy, shall establish an advisory committee comprised of appropriate representatives from industry, academia, government, and any other organizations deemed appropriate. (b) Purposes.--The purposes of the advisory committee shall be to advise the Congress on-- (1) the status of industrial ecology or life cycle analysis for reducing pollution and increasing resource use efficiency; (2) the elimination of barriers to, and the increase in utilization of, industrial ecology or life cycle analysis by the public and private sectors; (3) the technical capacity and expertise in the United States for conducting industrial ecology or life cycle analyses; and (4) the need for basic and applied research and development to improve the capacity of industrial ecology or life cycle analysis. (c) Reports.--Not later than 1 year after the date of the enactment of this Act, the advisory committee shall transmit an interim report to the Congress. Not later than 2 years after the date of the enactment of this Act, the advisory committee shall transmit a final report to the Congress. SEC. 7. REPORTS. Not later than 2 years after the date of the enactment of this Act, and not later than 4 years after the date of the enactment of this Act, the Administrator and the Comptroller General, in consultation with representatives of all appropriate stakeholders, shall jointly prepare and transmit to the Congress a report that-- (1) identifies provisions of law that prohibit or hinder the implementation of this Act; and (2) makes recommendations for improvements to the program established by this Act. SEC. 8. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of Environmental Protection Agency; and (2) the term ``person'' has the meaning given that term in section 1 of title 1, United States Code, and includes government agencies and organizations.

Directs the designated office to: (1) provide education, training, and technical assistance to persons required to report; (2) inform potential reporting persons of related reporting requirements administered by other Federal agencies; (3) provide information useful for identifying potential pollution; (4) provide information on pollution prevention technologies and practices; (5) develop and disseminate software to assist reporting persons in assembling required data, reporting, and receiving information; (6) develop a strategy to provide timely assistance to small businesses; (7) provide information on models and best practices for life cycle analysis of manufacturing processes and products; and (8) provide technical and financial assistance to State, tribal, and local governments to assist them in developing reporting requirements consistent with procedures established under this Act. Requires the Administrator to establish an advisory committee to advise Congress on industrial ecology or life cycle analysis. Directs the committee to report to Congress. Directs the Administrator and the Comptroller General to prepare and transmit to Congress a report that: (1) identifies provisions of law that prohibit or hinder implementation of this Act; and (2) makes recommendations for improvements to the program established by this Act.

Streamlined Pollution Reporting and Technical Assistance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Clearance Management and Administration Act''. SEC. 2. SECURITY CLEARANCE MANAGEMENT AND ADMINISTRATION. (a) In General.--Title VII of the Homeland Security Act of 2002 is amended-- (1) by inserting before section 701 (6 U.S.C. 341) the following: ``Subtitle A--Headquarters Activities''; and (2) by adding at the end the following new subtitle: ``Subtitle B--Security Clearances ``SEC. 711. DESIGNATION OF NATIONAL SECURITY SENSITIVE AND PUBLIC TRUST POSITIONS. ``(a) In General.--The Secretary shall require the designation of the sensitivity level of national security positions (pursuant to part 1400 of title 5, Code of Federal Regulations, or similar successor regulation) be conducted in a consistent manner with respect to all components and offices of the Department, and consistent with Federal guidelines. ``(b) Implementation.--In carrying out subsection (a), the Secretary shall require the utilization of uniform designation tools throughout the Department and provide training to appropriate staff of the Department on such utilization. Such training shall include guidance on factors for determining eligibility for access to classified information and eligibility to hold a national security position. ``SEC. 712. REVIEW OF POSITION DESIGNATIONS. ``(a) In General.--Not later than July 6, 2017, and every 5 years thereafter, the Secretary shall review all sensitivity level designations of national security positions (pursuant to part 1400 of title 5, Code of Federal Regulations, or similar successor regulation) at the Department. ``(b) Determination.--If during the course of a review required under subsection (a), the Secretary determines that a change in the sensitivity level of a position that affects the need for an individual to obtain access to classified information is warranted, such access shall be administratively adjusted and an appropriate level periodic reinvestigation completed, as necessary. ``(c) Congressional Reporting.--Upon completion of each review required under subsection (a), the Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the findings of each such review, including the number of positions by classification level and by component and office of the Department in which the Secretary made a determination in accordance with subsection (b) to-- ``(1) require access to classified information; ``(2) no longer require access to classified information; or ``(3) otherwise require a different level of access to classified information. ``SEC. 713. AUDITS. ``Beginning not later than 180 days after the date of the enactment of this section, the Inspector General of the Department shall conduct regular audits of compliance of the Department with part 1400 of title 5, Code of Federal Regulations, or similar successor regulation. ``SEC. 714. REPORTING. ``(a) In General.--The Secretary shall annually through fiscal year 2021 submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the following: ``(1) The number of denials, suspensions, revocations, and appeals of the eligibility for access to classified information of an individual throughout the Department. ``(2) The date and status or disposition of each reported action under paragraph (1). ``(3) The identification of the sponsoring entity, whether by a component, office, or headquarters of the Department, of each action under paragraph (1), and description of the grounds for each such action. ``(4) Demographic data, including data relating to race, sex, national origin, and disability, of each individual for whom eligibility for access to classified information was denied, suspended, revoked, or appealed, and the number of years that each such individual was eligible for access to such information. ``(5) In the case of a suspension in excess of 180 days, an explanation for such duration. ``(b) Form.--The report required under subsection (a) shall be submitted in unclassified form and be made publicly available, but may include a classified annex for any sensitive or classified information if necessary. ``SEC. 715. UNIFORM ADJUDICATION, SUSPENSION, DENIAL, AND REVOCATION. ``Not later than 1 year after the date of the enactment of this section, the Secretary, in consultation with the Homeland Security Advisory Committee, shall develop a plan to achieve greater uniformity within the Department with respect to the adjudication of eligibility of an individual for access to classified information that are consistent with the Adjudicative Guidelines for Determining Access to Classified Information published on December 29, 2005, or similar successor regulation. The Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the plan. The plan shall consider the following: ``(1) Mechanisms to foster greater compliance with the uniform Department adjudication, suspension, denial, and revocation standards by the head of each component and office of the Department with the authority to adjudicate access to classified information. ``(2) The establishment of an internal appeals panel responsible for final national security clearance denial and revocation determinations that is comprised of designees who are career, supervisory employees from components and offices of the Department with the authority to adjudicate access to classified information and headquarters, as appropriate. ``SEC. 716. DATA PROTECTION. ``The Secretary shall ensure that all information received for the adjudication of eligibility of an individual for access to classified information that is consistent with the Adjudicative Guidelines for Determining Access to Classified Information published on December 29, 2005, or similar successor regulation, and is protected against misappropriation. ``SEC. 717. REFERENCE. ``Except as otherwise provided, for purposes of this subtitle, any reference to the `Department' includes all components and offices of the Department.''. (b) Clerical Amendment.--The table of contents of the Homeland Security Act of 2002 is amended-- (1) by inserting before the item relating to section 701 the following new item: ``Subtitle A--Headquarters Activities''; and (2) by inserting after the item relating to section 707 the following new items: ``Subtitle B--Security Clearances ``Sec. 711. Designation of national security sensitive and public trust positions. ``Sec. 712. Review of position designations. ``Sec. 713. Audits. ``Sec. 714. Reporting. ``Sec. 715. Uniform adjudication, suspension, denial, and revocation. ``Sec. 716. Data protection. ``Sec. 717. Reference.''. Passed the House of Representatives November 2, 2015. Attest: KAREN L. HAAS, Clerk.

. Department of Homeland Security Clearance Management and Administration Act (Sec. 2) This bill amends the Homeland Security Act of 2002 to require that the designation of the sensitivity level of national security positions be conducted in a consistent manner in all Department of Homeland Security (DHS) components and offices, consistent with federal guidelines. DHS must use uniform designation tools throughout DHS and provide training to appropriate staff. The bill requires DHS: (1) by July 6, 2017, and every five years thereafter, to review all sensitivity level designations of national security positions at DHS; (2) if it determines that a change in the sensitivity level is warranted, to administratively adjust access and complete an appropriate level periodic reinvestigation; and (3) to report on such positions requiring access to classified information, no longer requiring access, or requiring a different level of access. DHS's Inspector General must conduct regular audits of DHS compliance with regulations regarding such designations. DHS must submit an annual report, through FY2021, on the denials, suspensions, revocations, and appeals of an individual's eligibility for access to classified information in DHS. DHS must: (1) develop a plan to achieve greater uniformity regarding the adjudication of eligibility of an individual for access to classified information that is consistent with the Adjudicative Guidelines for Determining Access to Classified Information, and (2) ensure that all information received for such adjudication is consistent with such Guidelines and is protected against misappropriation. The plan shall consider the establishment of an internal appeals panel responsible for final national security clearance denial and revocation determinations.

Department of Homeland Security Clearance Management and Administration Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Immunosuppressive Drug Coverage for Transplant Patients Act of 2001''. SEC. 2. COMPREHENSIVE COVERAGE OF IMMUNOSUPPRESSIVE DRUGS UNDER THE MEDICARE PROGRAM. (a) In General.--Section 1861(s)(2)(J) of the Social Security Act (42 U.S.C. 1395x(s)(2)(J)), as amended by section 113(a) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-473), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended by striking ``, to an individual who receives'' and all that follows before the semicolon at the end and inserting ``to an individual who has received an organ transplant''. (b) Effective Date.--The amendments made by this section shall apply to drugs furnished on or after the date of enactment of this Act. SEC. 3. PROVISION OF APPROPRIATE COVERAGE OF IMMUNOSUPPRESSIVE DRUGS UNDER THE MEDICARE PROGRAM FOR ORGAN TRANSPLANT RECIPIENTS. (a) Continued Entitlement to Immunosuppressive Drugs.-- (1) Kidney transplant recipients.--Section 226A(b)(2) of the Social Security Act (42 U.S.C. 426-1(b)(2)) is amended by inserting ``(except for coverage of immunosuppressive drugs under section 1861(s)(2)(J))'' after ``shall end''. (2) Other transplant recipients.--The flush matter following paragraph (2)(C)(ii)(II) of section 226(b) of the Social Security Act (42 U.S.C. 426(b)) is amended by striking ``of this subsection)'' and inserting ``of this subsection and except for coverage of immunosuppressive drugs under section 1861(s)(2)(J))''. (3) Application.--Section 1836 of the Social Security Act (42 U.S.C. 1395o) is amended-- (A) by striking ``Every individual who'' and inserting ``(a) In General.--Every individual who''; and (B) by adding at the end the following new subsection: ``(b) Special Rules Applicable to Individuals Only Eligible for Coverage of Immunosuppressive Drugs.-- ``(1) In general.--In the case of an individual whose eligibility for benefits under this title has ended except for the coverage of immunosuppressive drugs by reason of section 226(b) or 226A(b)(2), the following rules shall apply: ``(A) The individual shall be deemed to be enrolled under this part for purposes of receiving coverage of such drugs. ``(B) The individual shall be responsible for the full amount of the premium under section 1839 in order to receive such coverage. ``(C) The provision of such drugs shall be subject to the application of-- ``(i) the deductible under section 1833(b); and ``(ii) the coinsurance amount applicable for such drugs (as determined under this part). ``(D) If the individual is an inpatient of a hospital or other entity, the individual is entitled to receive coverage of such drugs under this part. ``(2) Establishment of procedures in order to implement coverage.--The Secretary shall establish procedures for-- ``(A) identifying beneficiaries that are entitled to coverage of immunosuppressive drugs by reason of section 226(b) or 226A(b)(2); and ``(B) distinguishing such beneficiaries from beneficiaries that are enrolled under this part for the complete package of benefits under this part.''. (4) Technical amendment.--Subsection (c) of section 226A of the Social Security Act (42 U.S.C. 426-1), as added by section 201(a)(3)(D)(ii) of the Social Security Independence and Program Improvements Act of 1994 (Public Law 103-296; 108 Stat. 1497), is redesignated as subsection (d). (b) Extension of Secondary Payer Requirements for ESRD Beneficiaries.--Section 1862(b)(1)(C) of the Social Security Act (42 U.S.C. 1395y(b)(1)(C)) is amended by adding at the end the following new sentence: ``With regard to immunosuppressive drugs furnished on or after the date of enactment of the Comprehensive Immunosuppressive Drug Coverage for Transplant Patients Act of 2001, this subparagraph shall be applied without regard to any time limitation.''. (c) Effective Date.--The amendments made by this section shall apply to drugs furnished on or after the date of enactment of this Act. SEC. 4. PLANS REQUIRED TO MAINTAIN COVERAGE OF IMMUNOSUPPRESSIVE DRUGS. (a) Application to Certain Health Insurance Coverage.-- (1) In general.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following: ``SEC. 2707. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS. ``A group health plan (and a health insurance issuer offering health insurance coverage in connection with a group health plan) shall provide coverage of immunosuppressive drugs that is at least as comprehensive as the coverage provided by such plan or issuer on the day before the date of enactment of the Comprehensive Immunosuppressive Drug Coverage for Transplant Patients Act of 2001, and such requirement shall be deemed to be incorporated into this section.''. (2) Conforming amendment.--Section 2721(b)(2)(A) of the Public Health Service Act (42 U.S.C. 300gg-21(b)(2)(A)) is amended by inserting ``(other than section 2707)'' after ``requirements of such subparts''. (b) Application to Group Health Plans and Group Health Insurance Coverage Under the Employee Retirement Income Security Act of 1974.-- (1) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following new section: ``SEC. 714. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS. ``A group health plan (and a health insurance issuer offering health insurance coverage in connection with a group health plan) shall provide coverage of immunosuppressive drugs that is at least as comprehensive as the coverage provided by such plan or issuer on the day before the date of enactment of the Comprehensive Immunosuppressive Drug Coverage for Transplant Patients Act of 2001, and such requirement shall be deemed to be incorporated into this section.''. (2) Conforming amendments.-- (A) Section 732(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (B) The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Coverage of immunosuppressive drugs.''. (c) Application to Group Health Plans Under the Internal Revenue Code of 1986.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (1) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Coverage of immunosuppressive drugs.''; and (2) by inserting after section 9812 the following: ``SEC. 9813. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS. ``A group health plan shall provide coverage of immunosuppressive drugs that is at least as comprehensive as the coverage provided by such plan on the day before the date of enactment of the Comprehensive Immunosuppressive Drug Coverage for Transplant Patients Act of 2001, and such requirement shall be deemed to be incorporated into this section.''. (d) Effective Date.--The amendments made by this section shall apply to plan years beginning on or after January 1, 2002.

Comprehensive Immunosuppressive Drug Coverage for Transplant Patients Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to remove time limitations on the coverage of immunosuppressive drugs for individuals who have received organ transplants. (Current law provides coverage for such drugs only for certain time periods after the transplant procedure.)Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to: (1) continue entitlement to prescription drugs used in immunosuppressive therapy furnished to an individual who receives a kidney or other organ transplant for which payment is made under Medicare; and (2) extend Medicare secondary payer requirements for end stage renal disease beneficiaries.Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to set forth requirements for group health plans to provide coverage of immunosuppressive drugs.

A bill to amend title XVIII of the Social Security Act to provide adequate coverage for immunosuppressive drugs furnished to beneficiaries under the medicare program that have received an organ transplant.

SECTION 1. SHORT TITLE. This Act may be cited as the ``FAA Research, Engineering, and Development Authorization Act of 1998''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 48102(a) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (2)(J); (2) by striking the period at the end of paragraph (3)(J) and inserting in lieu thereof a semicolon; and (3) by adding at the end the following: ``(4) for fiscal year 1998, $226,800,000, including-- ``(A) $16,379,000 for system development and infrastructure projects and activities; ``(B) $27,089,000 for capacity and air traffic management technology projects and activities; ``(C) $23,362,000 for communications, navigation, and surveillance projects and activities; ``(D) $16,600,000 for weather projects and activities; ``(E) $7,854,000 for airport technology projects and activities; ``(F) $49,202,000 for aircraft safety technology projects and activities; ``(G) $53,759,000 for system security technology projects and activities; ``(H) $26,550,000 for human factors and aviation medicine projects and activities; ``(I) $2,891,000 for environment and energy projects and activities; and ``(J) $3,114,000 for innovative/cooperative research projects and activities; and ``(5) for fiscal year 1999, $229,673,000.''. SEC. 3. RESEARCH GRANTS PROGRAM INVOLVING UNDERGRADUATE STUDENTS. (a) Program.--Section 48102 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(h) Research Grants Program Involving Undergraduate Students.-- ``(1) Establishment.--The Administrator of the Federal Aviation Administration shall establish a program to utilize undergraduate and technical colleges, including Historically Black Colleges and Universities and Hispanic Serving Institutions, in research on subjects of relevance to the Federal Aviation Administration. Grants may be awarded under this subsection for-- ``(A) research projects to be carried out at primarily undergraduate institutions and technical colleges; ``(B) research projects that combine research at primarily undergraduate institutions and technical colleges with other research supported by the Federal Aviation Administration; or ``(C) research on future training requirements on projected changes in regulatory requirements for aircraft maintenance and power plant licensees. ``(2) Notice of criteria.--Within 6 months after the date of the enactment of the FAA Research, Engineering, and Development Authorization Act of 1998, the Administrator of the Federal Aviation Administration shall establish and publish in the Federal Register criteria for the submittal of proposals for a grant under this subsection, and for the awarding of such grants. ``(3) Principal criteria.--The principal criteria for the awarding of grants under this subsection shall be-- ``(A) the relevance of the proposed research to technical research needs identified by the Federal Aviation Administration; ``(B) the scientific and technical merit of the proposed research; and ``(C) the potential for participation by undergraduate students in the proposed research. ``(4) Competitive, merit-based evaluation.--Grants shall be awarded under this subsection on the basis of evaluation of proposals through a competitive, merit-based process.''. (b) Authorization of Appropriations.--Section 48102(a) of title 49, United States Code, as amended by this Act, is further amended by inserting ``, of which $750,000 shall be for carrying out the grant program established under subsection (h)'' after ``projects and activities'' in paragraph (4)(J). SEC. 4. NOTICES. (a) Reprogramming.--If any funds authorized by the amendments made by this Act are subject to a reprogramming action that requires notice to be provided to the Appropriations Committees of the House of Representatives and the Senate, notice of such action shall concurrently be provided to the Committees on Science and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (b) Notice of Reorganization.--The Administrator of the Federal Aviation Administration shall provide notice to the Committees on Science, Transportation and Infrastructure, and Appropriations of the House of Representatives, and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, not later than 30 days before any major reorganization (as determined by the Administrator) of any program of the Federal Aviation Administration for which funds are authorized by this Act. SEC. 5. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM. With the year 2000 fast approaching, it is the sense of Congress that the Federal Aviation Administration should-- (1) give high priority to correcting all 2-digit date-related problems in its computer systems to ensure that those systems continue to operate effectively in the year 2000 and beyond; (2) assess immediately the extent of the risk to the operations of the Federal Aviation Administration posed by the problems referred to in paragraph (1), and plan and budget for achieving Year 2000 compliance for all of its mission-critical systems; and (3) develop contingency plans for those systems that the Federal Aviation Administration is unable to correct in time. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

FAA Research, Engineering, and Development Authorization Act of 1997 - Amends Federal transportation law to authorize FY 1998 and 1999 appropriations for specified aviation programs. Directs the Administrator of the Federal Aviation Administration (FAA) to establish a grant program to utilize undergraduate and technical colleges, including historically black colleges and Hispanic serving institutions, in research on subjects of relevance to the FAA. Sets forth criteria for the award of such grants. Authorizes appropriations for such grants. Requires the Administrator to provide notice to specified congressional committees no later than 30 days before any major reorganization of any FAA program for which funds are authorized by this Act. Expresses the sense of the Congress that the FAA should: (1) give priority to correcting all two-digit date-related problems in its computer systems to ensure its continued operation in the year 2000 and beyond; and (2) develop contingency plans for FAA systems it is unable to correct in time.

FAA Research, Engineering, and Development Authorization Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Access to Diabetes Supplies Act of 2016''. SEC. 2. STRENGTHENING RULES IN CASE OF COMPETITION FOR DIABETIC TESTING STRIPS. (a) Special Rule in Case of Competition for Diabetic Testing Strips.-- (1) In general.--Paragraph (10) of section 1847(b) of the Social Security Act (42 U.S.C. 1395w-3(b)) is amended-- (A) in subparagraph (A), by striking the second sentence and inserting the following new sentence: ``With respect to bids to furnish such types of products on or after January 1, 2019, the volume for such types of products shall be determined by the Secretary through the use of multiple sources of data, including market based data measuring sales of diabetic testing strip products described in section 1861(n) that are not exclusively sold by, and marketed under the name of, a single retailer that is not the manufacturer of such products, from mail order, non- mail order, Medicare, and non-Medicare markets.''; and (B) by adding at the end the following new subparagraphs: ``(C) Demonstration of ability to furnish types of diabetic testing strip products.--With respect to bids to furnish diabetic testing strip products on or after January 1, 2019, under the program described in subparagraph (A), the Secretary shall reject a bid submitted by an entity if the entity does not attest to the Secretary and demonstrate, through letters of intent with manufacturers, wholesalers, or other suppliers, or other evidence as the Secretary may specify, that the entity has the ability to obtain an inventory of the types and quantities of diabetic testing strip products that will allow the entity to furnish such products in a manner consistent with its bid. ``(D) Use of unlisted types in calculation of percentage.--With respect to bids to furnish diabetic testing strip products on or after January 1, 2019, in determining under subparagraph (A) whether a bid submitted by an entity under such subparagraph covers 50 percent (or such higher percentage as the Secretary may specify) of all types of diabetic testing strip products, the Secretary may not attribute a percentage to types of diabetic testing strip products that the Secretary does not identify by brand, model, and market share volume. ``(E) Adherence to demonstration.-- ``(i) In general.--In the case of an entity that is furnishing diabetic testing strip products on or after January 1, 2019, under a contract entered into under the competition conducted pursuant to paragraph (1), the Secretary shall establish a process to monitor, on an ongoing basis, the extent to which such entity continues to cover the product types included in the entity's bid. ``(ii) Termination.--If the Secretary determines that an entity described in clause (i) fails to maintain in inventory, or otherwise maintain ready access to through requirements contracts or otherwise, a type of product included in the entity's bid, the Secretary may terminate such contract unless the Secretary finds that the failure of the entity to maintain inventory of, or ready access to, the product is the result of the discontinuation of the product by the product manufacturer or a market-wide shortage of the product.''. (b) Codifying and Expanding Anti-Switching Rule.--Section 1847(b) of the Social Security Act (42 U.S.C. 1395w-3(b)), as amended by subsection (a)(1), is further amended-- (1) by redesignating paragraph (11) as paragraph (12); and (2) by inserting after paragraph (10) the following new paragraph: ``(11) Additional special rules in case of competition for diabetic testing strips.-- ``(A) In general.--With respect to an entity that is furnishing diabetic testing strip products to individuals under a contract entered into under the competitive acquisition program established under this section, the entity shall furnish to each individual a brand of such strips that is compatible with the home blood glucose monitor selected by the individual. ``(B) Prohibition on influencing and incentivizing.--An entity described in subparagraph (A) may not attempt to influence or incentivize an individual to switch the brand of glucose monitor or diabetic testing strip product selected by the individual, including by-- ``(i) persuading, pressuring, or advising the individual to switch; or ``(ii) furnishing information about alternative brands to the individual where the individual has not requested such information. ``(C) Provision of information.-- ``(i) Standardized information.--Not later than January 1, 2019, the Secretary shall develop and make available to entities described in subparagraph (A) standardized information that describes the rights of an individual with respect to such an entity. The information described in the preceding sentence shall include information regarding-- ``(I) the requirements established under subparagraphs (A) and (B); ``(II) the right of the individual to purchase diabetic testing strip products from another mail order supplier of such products or a retail pharmacy if the entity is not able to furnish the brand of such product that is compatible with the home blood glucose monitor selected by the individual; and ``(III) the right of the individual to return diabetic testing strip products furnished to the individual by the entity. ``(ii) Requirement.--With respect to diabetic testing strip products furnished on or after the date on which the Secretary develops the standardized information under clause (i), an entity described in subparagraph (A) may not communicate directly to an individual until the entity has verbally provided the individual with such standardized information. ``(D) Order refills.--With respect to diabetic testing strip products furnished on or after January 1, 2019, the Secretary shall require an entity furnishing diabetic testing strip products to an individual to contact and receive a request from the individual for such products not more than 14 days prior to dispensing a refill of such products to the individual.''. (c) Implementation; Non-Application of the Paperwork Reduction Act.-- (1) Implementation.--Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the provisions of, and amendments made by, this section by program instruction or otherwise. (2) Non-application of the paperwork reduction act.-- Chapter 35 of title 44, United States Code (commonly referred to as the `Paperwork Reduction Act of 1995') shall not apply to this section or the amendments made by this section.

Protecting Access to Diabetes Supplies Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to modify provisions relating to Medicare's competitive acquisition program (through which rates are set through a competitive bidding program rather than by an established fee schedule) with respect to diabetic testing strips. Specifically, the bill requires the Centers for Medicare & Medicaid Services (CMS) to: use specified data to determine whether a bid satisfies certain requirements related to volume of coverage with respect to such products, reject a bid if the bidder does not demonstrate its ability to furnish such products in a manner consistent with its bid, and establish a process to monitor the extent to which an entity continues to cover the product types included in its bid. CMS may terminate a contract if it determines that an entity, for reasons other than product discontinuation or market-wide shortage, fails to maintain ready access to such products included its bid. In addition, the bill specifies that an entity furnishing such products to beneficiaries under the program: (1) must furnish to each beneficiary a brand of strips that is compatible with the beneficiary's home blood glucose monitor, (2) may not attempt to influence or incentivize a beneficiary to switch the brand of either type of product, and (3) must contact and receive a request from a beneficiary no more than 14 days prior to dispensing a refill to the beneficiary.

Protecting Access to Diabetes Supplies Act of 2016