FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Underage Drinking Prevention Act of 2006''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The consumption of beverage alcohol by underage youth is an ongoing national concern. About 10.8 million Americans between the ages of 12 to 20--for whom alcohol is illegal-- report current alcohol use, approximately 29 percent of that age group. (Substance Abuse and Mental Health Services Administration; 2004 National Survey on Drug Use and Health.) (2) Despite the seriousness of the problem that exists, significant declines have been noted over the past decade among 8th, 10th and 12th graders. Since 1991, ``binge drinking'' has declined by 19 percent for 8th graders; 8 percent for 10th graders; and 6 percent for 12th graders, and ``past month drinking'' has declined by 32 percent for 8th graders; 22 percent for 10th graders; and 13 percent for 12th graders (2005 Monitoring the Future Survey). (3) However, 42 percent of college students report having five or more drinks in a row at least once in the past two weeks. Sixty-eight percent report drinking alcohol within the past month. Consumption patterns in this category have remained flat over the last decade. (Johnson, et al., 2004 Monitoring the Future Study.) (4) Sixty-five percent of underage youth who drink obtain alcohol from family and friends. Seven percent of youth report they obtained alcohol from retailers who failed to check for identification (Teenage Research Unlimited, Omnibus 2003). (5) Data from the National Academy of Sciences/Institute of Medicine, the Federal Trade Commission and the American Medical Association show that most youth who drink obtain alcohol primarily through non-commercial sources, such as family and friends. (6) In 2000, an estimated $71 million of federally appropriated funding was dedicated to the prevention of underage drinking. Many Federal agencies have program activities that include the prevention of underage drinking, but for which agency officials have not isolated funding specific to alcohol. For example, $769 million in funding was used for activities that addressed the prevention of alcohol and other drug use that targeted either youth or both youth and the broader community. (GAO-01-503, Underage Drinking, Information on Federal Funds Targeted at Prevention, 2001.) (7) The Department of Health and Human Services/Substance Abuse and Mental Health Services Administration stated that programs that have not been rigorously evaluated cannot be assumed to be effective. Programs that are funded by the Federal Government should have evidence of effectiveness (A Comprehensive Plan for Preventing and Reducing Underage Drinking, 2006). (8) Based upon evidence of effectiveness, existing Federal funding should be reallocated to programs and grants to States with effective measures to prevent and reduce underage drinking. SEC. 3. ADMINISTRATION; CONSULTATION. (a) Administration.--This Act shall be carried out by the Secretary of Health and Human Services on behalf of the Interagency Coordinating Committee on the Prevention of Underage Drinking (referred to in this Act as ``ICCPUD''). (b) Consultation With Nonfederal Entities.--In carrying out this Act, the Secretary shall consult with States, public and private entities, including colleges and universities; public health and consumer organizations; and the beverage alcohol industry. SEC. 4. EVALUATION OF FEDERAL UNDERAGE DRINKING PROGRAMS. (a) In General.--The Secretary shall in accordance with subsection (b) evaluate programs that are carried out in whole or in part with Federal funds and are intended to prevent and reduce the consumption of beverage alcohol by minors (referred to in this Act as ``underage drinking''). (b) Certain Requirements.--In carrying out subsection (a), the Secretary shall-- (1) identify Federal underage drinking programs-- (A) that primarily make awards of grants, cooperative agreements, or contracts to States or local governments; and (B) that primarily make such awards to private entities; (2) determine the cost of each of the programs, with allocations specific to Federal, State, local, and private expenditures; and (3) evaluate all programs and require grantees to build the evaluation costs into grant proposals. (c) Certain Requirements.--With respect to evaluations under subsection (a): (1) The Secretary shall work jointly with the funded entity to develop evaluation criteria appropriate to each program. (2) The Secretary shall determine that all evaluations are properly completed in a timely fashion. (3) Programs that do not receive a score that demonstrates effectiveness will have to be modified or will not be eligible for future funding. (d) Report to Congress.--The Secretary shall complete the evaluations under subsection (a) and submit to the Congress a report summarizing the results of the evaluations. The report shall include the information pursuant to subsections (b) and (c) and recommendations for reallocating Federal funding for underage drinking prevention and reduction programs toward the incentive grant created in section 5 or to programs deemed to be effective and evidence-based. The list of evaluated and evidence-based programs should be made available online and should be evaluated on a revolving basis. SEC. 5. INCENTIVE GRANTS TO STATES REGARDING MEASURES TO PREVENT OR REDUCE UNDERAGE DRINKING. (a) In General.--The Secretary may make grants to eligible States for the purpose of carrying out activities to prevent, and reduce underage drinking by reallocating funding from grants and programs deemed ineffective in section 4. (b) Eligible States.--A State is an eligible State for purposes of this section if the State has implemented not fewer than five of the following ten policies with respect to underage drinking: (1) The State has demonstrated coordination among agencies, including public health, alcohol beverage control and law enforcement, to prevent and reduce underage drinking and abuse by providing prevention and treatment as well as enforcing laws regarding the illegal purchase, attempt to purchase, possession, consumption, furnishing, and provision of beverage alcohol to minors. (2) The appropriate agencies referred to in paragraph (1) have conducted a review to identify and catalog state and local underage drinking prevention and reduction programs online and have evaluated programs consistent with criteria pursuant to section 4. (3) The State has implemented a comprehensive plan to improve enforcement and adjudication of existing laws to prevent and reduce underage drinking and to report the results of these efforts. (4) The State has-- (A) penalties for adults who knowingly and illegally provide alcohol to minors in violation of State law; (B) penalties for minors who purchase, attempt to purchase, possess or consume beverage alcohol in violation of State law, including driver's license penalties; and (C) penalties that escalate with repeat offenses. (5) The State has monetary fines resulting from the imposition of such penalties outlined in paragraph (4) that are used to provide funding for programs to prevent and reduce underage drinking in the States in which the violation occurred. (6) The State requires parental notification for minors who seek to fraudulently acquire beverage alcohol in violation of State law. (7) The State publicizes its laws and penalties regarding underage drinking, including penalties for individuals who illegally provide or furnish beverage alcohol to minors in violation of State laws. (8) The State has established mechanisms for effective collaboration between licensed retailers, including retailers owned or operated by or on behalf of the State or its agency, and law enforcement authorities to detect and stop the use of false or fraudulent identification. (9) The State has established incentives for such retailers as defined in paragraph (8)-- (A) to regularly train employees who serve or sell alcohol; and (B) to utilize age verification in the serving and selling of alcohol. (10) The State has developed and implemented evidence-based programs designed to educate parents about underage drinking and how to address the issue. SEC. 6. FUNDING. (a) Certain Transfers.--With respect to Federal underage drinking prevention and reduction programs that are determined by the Secretary through evaluations under section 4 to be ineffective, the Secretary may terminate such programs and transfer the Federal amounts involved for use for-- (1) programs determined under the evaluations to be effective in preventing or reducing underage drinking; (2) evidence-based programs to prevent or reduce underage drinking; and (3) incentive grants to states regarding measures to prevent or reduce underage drinking. (b) State Funding Levels.--Once the Secretary has submitted the report under section 4 to Congress, States will retain and manage their Federal funds and will have an initial two-year grace period to either modify or sunset ineffective programs and reallocate Federal resources. Thereafter, unused funds must be obligated before the fiscal year ends in order to be carried over to the next fiscal year. Once obligated, the funds can be used within a four-year period. SEC. 7. IMPROVED COLLECTION AND REPORTING. (a) In General.-- (1) Reporting in consistent manner.--ICCPUD, as part of its ongoing efforts to improve Federal data collection, shall require that federally funded surveys collect and report data in a consistent manner that allows users of this data to compare the results of these surveys. In these efforts, the surveys shall report demographic categories that represent the cohort of those under the age of 21. In order to facilitate more useful data analysis, the following age categories shall be established, where cohorts are available and used in those activities described in subsection (b): (A) Early teens--persons 12 to 14 years of age. (B) Teens--persons 15 to 17 years of age. (C) Underaged adults--persons 18 to 20 years of age. (2) Additional requirements.--With respect to the age groupings under paragraph (1): (A) The grouping shall not preclude the use of other age groups or the use of a comprehensive age grouping of people between the ages of 12 to 20. (B) The groups shall include gender, ethnic and other specific demographic data. (b) Use of Certain National Surveys.--Activities under subsection (a) shall include the collection and reporting of relevant data from-- (1) national surveys funded by the Secretary, including but not limited to Monitoring the Future Survey and National Survey on Drug Use and Health; and (2) State data available from research conducted or supported by the States, which wholly or partially use Federal funds. SEC. 8. DEFINITIONS. For purposes of this Act: (1) The term ``Secretary'' means the Secretary of Health and Human Services. (2) The term ``underage drinking'' means the illegal consumption, purchase, attempt to purchase or possession of beverage alcohol in violation of State law. (3) The term ``underage drinking programs'' means programs referred to in section 4(a). (4) The term ``minors,'' with respect to a State, means individuals who are under the age designated in the law of the State as the minimum age for legally purchasing, attempting to purchase, consuming or possessing beverage alcohol as defined under State law. (5) The term ``beverage alcohol industry'' means producers, bottlers, importers, marketers, wholesalers, and retailers, including control state jurisdictions, of beer, wine and distilled spirits. (6) Incentive grant means funding reallocated from programs deemed to be ineffective.

Underage Drinking Prevention Act of 2006 - Requires the Secretary of Health and Human Services to evaluate federal programs intended to prevent and reduce the consumption of beverage alcohol by minors. Directs that a program not receiving a score that demonstrates effectiveness must be modified to be eligible for future funding. Allows the Secretary to make grants to states for activities to prevent and reduce underage drinking by reallocating funds from ineffective grants and programs. Sets forth eligibility requirements, including that the state has: (1) demonstrated coordination among agencies to prevent and reduce underage drinking and abuse; (2) implemented a comprehensive plan to improve enforcement and adjudication of existing underage drinking laws; and (3) penalties for specified underage drinking offenses that escalate with repeat offenses. Allows the Secretary to terminate ineffective programs and transfer the federal amounts involved for use for: (1) programs determined to be effective; (2) evidence-based programs; and (3) incentive grants for state measures. Requires the Interagency Coordinating Committee on the Prevention of Underage Drinking to require that federally funded surveys collect and report data in a consistent manner that allows users to compare survey results. Sets forth age categories to be used in such surveys.

To establish a Federal incentive grant program for States that implement effective measures to prevent and reduce underage consumption of beverage alcohol, to evaluate the effectiveness and efficiency of anti-underage drinking programs funded with Federal dollars, and to provide appropriate reporting of Federal underage drinking data.

SECTION 1. TEACHERS PROFESSIONAL DEVELOPMENT INSTITUTES. Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended by adding at the end the following: ``PART C--TEACHERS PROFESSIONAL DEVELOPMENT INSTITUTES ``SEC. 241. SHORT TITLE. ``This part may be cited as the `Teachers Professional Development Institutes Act'. ``SEC. 242. FINDINGS AND PURPOSE. ``(a) Findings.--Congress makes the following findings: ``(1) Ongoing, subject-specific teacher professional development is essential to improved student learning. ``(2) The No Child Left Behind Act of 2001 calls for a highly qualified teacher in every core-subject classroom; attaining this goal will require innovative and effective approaches to improving the quality of teaching. ``(3) The Teachers Institute Model is an innovative and proven approach that encourages collaboration between urban school teachers and university faculty. The model focuses on teachers' continuing academic preparation and on the personal and collaborative application of their studies in their classrooms, schools, and districts. ``(4) The Teachers Institute Model has a proven record, as demonstrated by the success of a 3-year national demonstration pilot project (referred to in this part as the `National Demonstration Project') in several United States cities. ``(b) Purpose.--The purpose of this part is to provide Federal assistance to support the establishment and operation of Teachers Professional Development Institutes for local educational agencies that serve significant low-income populations in States throughout the Nation-- ``(1) to improve student learning; and ``(2) to enhance the quality of teaching by strengthening the subject matter mastery and pedagogical skills of current teachers through continuing teacher preparation. ``SEC. 243. DEFINITIONS. ``In this part: ``(1) Poverty line.--The term `poverty line' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act) applicable to a family of the size involved. ``(2) Significant low-income population.--The term `significant low-income population' means a student population of which not less than 25 percent are from families with incomes below the poverty line. ``(3) State.--The term `State' means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. ``(4) Teachers professional development institute.--The term `Teachers Professional Development Institute' means a partnership or joint venture between or among 1 or more institutions of higher education, and 1 or more local educational agencies serving a significant low-income population, which partnership or joint venture-- ``(A) is entered into for the purpose of improving the quality of teaching and learning through collaborative seminars designed to enhance both the subject matter and the pedagogical resources of the seminar participants; and ``(B) works in collaboration to determine the direction and content of the collaborative seminars. ``SEC. 244. GRANT AUTHORITY. ``(a) In General.--The Secretary is authorized-- ``(1) to award grants to Teachers Professional Development Institutes to encourage the establishment and operation of Teachers Professional Development Institutes; and ``(2) to provide technical assistance, either directly or through existing Teachers Professional Development Institutes, to assist local educational agencies and institutions of higher education in preparing to establish and in operating Teachers Professional Development Institutes. ``(b) Selection Criteria.--In selecting a Teachers Professional Development Institute for a grant under this part, the Secretary shall consider-- ``(1) the extent to which the proposed Teachers Professional Development Institute will serve a community with a significant low-income population; ``(2) the extent to which the proposed Teachers Professional Development Institute will follow the Understandings and Necessary Procedures that have been developed following the National Demonstration Project; ``(3) the extent to which the local educational agency participating in the proposed Teachers Professional Development Institute has a high percentage of teachers who are unprepared or under prepared to teach the core academic subjects the teachers are assigned to teach; and ``(4) the extent to which the proposed Teachers Professional Development Institute will receive a level of support from the community and other sources that will ensure the requisite long-term commitment for the success of a Teachers Professional Development Institute. ``(c) Consultation.-- ``(1) In general.--In evaluating applications under subsection (b), the Secretary may request the advice and assistance of existing Teachers Professional Development Institutes. ``(2) State agencies.--If the Secretary receives 2 or more applications for new Teachers Professional Development Institutes that propose serving the same State, the Secretary shall consult with the State educational agency regarding the applications. ``(d) Fiscal Agent.--For the purpose of this part, an institution of higher education participating in a Teachers Professional Development Institute shall serve as the fiscal agent for the receipt of grant funds under this part. ``(e) Limitations.--A grant under this part-- ``(1) shall be awarded for a period not to exceed 5 years; and ``(2) shall not exceed 50 percent of the total costs of the eligible activities, as determined by the Secretary. ``SEC. 245. ELIGIBLE ACTIVITIES. ``(a) In General.--A Teachers Professional Development Institute that receives a grant under this part may use the grant funds-- ``(1) for the planning and development of applications for the establishment of Teachers Professional Development Institutes; ``(2) to provide assistance to existing Teachers Professional Development Institutes established during the National Demonstration Project to enable the Teachers Professional Development Institutes-- ``(A) to further develop existing Teachers Professional Development Institutes; or ``(B) to support the planning and development of applications for new Teachers Professional Development Institutes; ``(3) for the salary and necessary expenses of a full-time director to plan and manage such Teachers Professional Development Institute and to act as liaison between the participating local educational agency and institution of higher education; ``(4) to provide suitable office space, staff, equipment, and supplies, and to pay other operating expenses for the development and maintenance of Teachers Professional Development Institutes; ``(5) to provide stipends for teachers participating in collaborative seminars in the sciences and humanities, and to provide remuneration for those members of the higher education faculty who lead the seminars; and ``(6) to provide for the dissemination through print and electronic means of curriculum units prepared in conjunction with Teachers Professional Development Institutes seminars. ``(b) Technical Assistance.--The Secretary may use not more than 50 percent of the funds appropriated to carry out this part to provide technical assistance to facilitate the establishment and operation of Teachers Professional Development Institutes. For the purpose of this subsection, the Secretary may contract with existing Teachers Professional Development Institutes to provide all or a part of the technical assistance under this subsection. ``SEC. 246. APPLICATION, APPROVAL, AND AGREEMENT. ``(a) In General.--To receive a grant under this part, a Teachers Professional Development Institute shall submit an application to the Secretary that-- ``(1) meets the requirement of this part and any regulations under this part; ``(2) includes a description of how the Teachers Professional Development Institute intends to use funds provided under the grant; ``(3) includes such information as the Secretary may require to apply the criteria described in section 244(b); ``(4) includes measurable objectives for the use of the funds provided under the grant; and ``(5) contains such other information and assurances as the Secretary may require. ``(b) Approval.--The Secretary shall-- ``(1) promptly evaluate an application received for a grant under this part; and ``(2) notify the applicant within 90 days of the receipt of a completed application of the Secretary's approval or disapproval of the application. ``(c) Agreement.--Upon approval of an application, the Secretary and the Teachers Professional Development Institute shall enter into a comprehensive agreement covering the entire period of the grant. ``SEC. 247. REPORTS AND EVALUATIONS. ``(a) Report.--Each Teachers Professional Development Institute receiving a grant under this part shall report annually on the progress of the Teachers Professional Development Institute in achieving the purpose of this part and the purposes of the grant. ``(b) Evaluation and Dissemination.-- ``(1) Evaluation.--The Secretary shall evaluate the activities funded under this part and submit an annual report regarding the activities to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. ``(2) Dissemination.--The Secretary shall broadly disseminate successful practices developed by Teachers Professional Development Institutes. ``(c) Revocation.--If the Secretary determines that a Teachers Professional Development Institute is not making substantial progress in achieving the purpose of this part and the purposes of the grant by the end of the second year of the grant under this part, the Secretary may take appropriate action, including revocation of further payments under the grant, to ensure that the funds available under this part are used in the most effective manner. ``SEC. 248. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part-- ``(1) $4,000,000 for fiscal year 2006; ``(2) $5,000,000 for fiscal year 2007; ``(3) $6,000,000 for fiscal year 2008; ``(4) $7,000,000 for fiscal year 2009; and ``(5) $8,000,000 for fiscal year 2010.''.

Teachers Professional Development Institutes Act - Amends the the Higher Education Act of 1965 to authorize the Secretary of Education to: (1) award grants to Teachers Professional Development Institutes (TPDIs) to encourage the establishment and operation of TPDIs; and (2) provide technical assistance, either directly or through existing TPDIs, to assist local educational agencies and institutions of higher education in preparing to establish and in operating TPDIs. Sets forth selection criteria, including consideration of the extent to which the proposed TPDI will serve a community with a significant low-income population.

To provide a grant program to support the establishment and operation of Teachers Professional Development Institutes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Voucher Act of 1993''. SEC. 2. TERMINATION OF ASSISTANCE FOR CONSTRUCTION OF PUBLIC HOUSING. (a) Loan Authority.--After the date of the enactment of this Act, the Secretary of Housing and Urban Development may not enter into any new commitment to make loans under section 4 of the United States Housing Act of 1937 to public housing agencies for the development or acquisition of public housing projects by such agencies. (b) Contribution Authority.--After the date of the enactment of this Act, the Secretary of Housing and Urban Development may not enter into any new contract to make contributions under section 5 of the United States Housing Act of 1937 to public housing agencies for the development or acquisition of public housing projects by such agencies. (c) Existing Commitments.--After the date of the enactment of this Act, the Secretary of Housing and Urban Development may make contributions and loans for the development or acquisition of public housing projects only pursuant to legally binding commitments to make such loans or contracts for such contributions entered into on or before the date of the enactment of this Act. (d) Inapplicability to Indian Housing.--The provisions of this section shall not apply to public housing developed pursuant to a contract between the Secretary of Housing and Urban Development and an Indian housing authority. (e) Definitions.--For purposes of this section, the terms ``Indian housing authority'', ``project'', ``public housing'', and ``public housing agency'' have the meanings given the terms in section 3(b) of the United States Housing Act of 1937. SEC. 3. TERMINATION OF ASSISTANCE FOR CONSTRUCTION OF SUPPORTIVE HOUSING FOR THE ELDERLY. (a) Authority.--After the date of the enactment of this Act, the Secretary of Housing and Urban Development may not enter into any new commitment to make capital advances under section 202(c)(1) of the Housing Act of 1959 for the construction, reconstruction, rehabilitation, or acquisition of supportive housing for the elderly under such section 202. (b) Existing Commitments.--After the date of the enactment of this Act, the Secretary of Housing and Urban Development may make capital advances for the construction, reconstruction, rehabilitation, or acquisition of supportive housing for the elderly under section 202 of the Housing Act of 1959 only pursuant to legally binding commitments to make such advances entered into on or before the date of the enactment of this Act. SEC. 4. TERMINATION OF ASSISTANCE FOR CONSTRUCTION OF SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES. (a) Authority.--After the date of the enactment of this Act, the Secretary of Housing and Urban Development may not enter into any new commitment to make capital advances under section 811(d)(1) of the Cranston-Gonzalez National Affordable Housing Act for the construction, reconstruction, rehabilitation, or acquisition of supportive housing for the persons with disabilities under such section 811. (b) Existing Commitments.--After the date of the enactment of this Act, the Secretary of Housing and Urban Development may make capital advances for the construction, reconstruction, rehabilitation, or acquisition of supportive housing for persons with disabilities under section 811 of the Cranston-Gonzalez National Affordable Housing Act only pursuant to legally binding commitments to make such advances entered into on or before the date of the enactment of this Act. SEC. 5. INCREASE OF VOUCHER AUTHORITY AND SET-ASIDES FOR THE ELDERLY AND PERSONS WITH DISABILITIES. (a) Budget Authority.--Any budget authority available under section 5(c) of the United States Housing Act of 1937 for assistance under section 8(o) of such Act is authorized to be increased by $150,000,000 on or after October 1, 1993. (b) Set-Aside.--From any amount appropriated pursuant to subsection (a) in any fiscal year, the Secretary shall make available an amount for voucher assistance for elderly persons (as such term is defined in section 202(k) of the Housing Act of 1959) and for persons with disabilities (as such term is defined in section 811(k) of the Cranston-Gonzalez National Affordable Housing Act) that bears approximately the same ratio to such amount appropriated as-- (1) the actual need for such assistance for elderly persons and persons with disabilities bears to the total national need for such assistance, as determined by the Secretary; or (2) the total annual amount of assistance provided by the Secretary for construction, reconstruction, rehabilitation, or acquisition of housing for elderly persons and persons with disabilities bears to the total annual amount of housing assistance provided by the Secretary, as determined by the Secretary for recent years. (c) Permissible Uses.--Vouchers for rental assistance provided with the amounts made available under this section may be used for the rental of dwelling units or costs of residency as determined by qualified voucher recipients.

Housing Voucher Act of 1993 - Terminates Department of Housing and Urban Development assistance programs for public housing (other than Indian public housing) and supportive housing for the elderly and for persons with disabilities. Increases public housing voucher authority and housing set-asides for the elderly and persons with disabilities.

Housing Voucher Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus-Based Underage Alcohol Use Reduction Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Drinking alcohol under the age of 21 is illegal in each of the 50 States and the District of Columbia. Enforcement of current laws and regulations in States and communities, such as minimum age drinking laws, zero tolerance laws, and laws and regulations which restrict availability of alcohol, must supplement other efforts to reduce underage drinking. (2) Data collected by the Department of Health and Human Services and the Department of Transportation indicate that alcohol use by youth has many negative consequences, such as immediate risk from acute impairment; traffic fatalities; violence; suicide; and unprotected sex. (3) A significant percentage of the total alcohol consumption in the United States each year is by underage youth. The Substance Abuse and Mental Health Services Administration reports that the percentage is over 11 percent. (4) College and university presidents have cited alcohol abuse as the number one health problem on college and university campuses. (5) According to the National Institute on Alcohol Abuse and Alcoholism, two of five college students are binge drinkers; 1,400 college students die each year from alcohol- related injuries, a majority of which involve motor vehicle crashes; more than 70,000 students are victims of alcohol- related sexual assault; and 500,000 students are injured under the influence of alcohol each year. (6) Research shows that school-based and community-based interventions can reduce underage drinking and associated problems, and that positive outcomes can be achieved by combining environmental and institutional change with theory- based health education--a comprehensive, community-based approach. SEC. 3. GRANTS DIRECTED AT REDUCING HIGHER-EDUCATION ALCOHOL ABUSE. (a) Authorization of Program.--The Secretary shall award grants to eligible entities to enable the entities to reduce the rate of underage alcohol use and binge drinking among students at institutions of higher education. (b) Applications.--An eligible entity that desires to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall include-- (1) a description of how the eligible entity will work to enhance an existing, or where none exists to build a, statewide coalition; (2) a description of how the eligible entity will target underage students in the State; (3) a description of how the eligible entity intends to ensure that the statewide coalition is actually implementing the purpose of this Act and moving toward indicators described in section (d); (4) a list of the members of the statewide coalition or interested parties involved in the work of the eligible entity; (5) a description of how the eligible entity intends to work with State agencies on substance abuse prevention and education; (6) the anticipated impact of funds provided under this Act in reducing the rates of underage alcohol use; (7) outreach strategies, including ways in which the eligible entity proposes to-- (A) reach out to students; (B) promote the purpose of this Act; (C) address the range of needs of the students and the surrounding communities; and (D) address community norms for underage students regarding alcohol use; and (8) such additional information as required by the Secretary. (c) Uses of Funds.--Each eligible entity that receives a grant under this section shall use the grant funds to carry out the activities described in such entity's application submitted pursuant to subsection (b). (d) Accountability.--On the date on which the Secretary first publishes a notice in the Federal Register soliciting applications for grants under this section, the Secretary shall include in the notice achievement indicators for the program authorized under this section. The achievement indicators shall be designed-- (1) to measure the impact that the statewide coalitions assisted under this Act are having on the institutions of higher education and the surrounding communities, including changes in the number of alcohol incidents of any kind (including violations, physical assaults, sexual assaults, reports of intimidation, disruptions of school functions, disruptions of student studies, mental health referrals, illnesses, or deaths); (2) to measure the quality and accessibility of the programs or information offered by the statewide coalitions; and (3) to provide such other measures of program impact as the Secretary determines appropriate. (e) Supplement Not Supplant.--Grant funds provided under this Act shall be used to supplement, and not supplant, Federal and non-Federal funds available for carrying out the activities described in this section. (f) Definitions.--For purposes of this section: (1) Eligible entity.--The term ``eligible entity'' means a State, institution of higher education, or nonprofit entity. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) State.--The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (5) Statewide coalition.--The term ``statewide coalition'' means a coalition that-- (A) includes-- (i) institutions of higher education within a State; and (ii) a nonprofit group, a community underage drinking prevention coalition, or another substance abuse prevention group within a State; and (B) works toward lowering the alcohol abuse rate by targeting underage students at institutions of higher education throughout the State and in the surrounding communities. (6) Surrounding community.--The term ``surrounding community'' means the community-- (A) that surrounds an institution of higher education participating in a statewide coalition; (B) where the students from the institution of higher education take part in the community; and (C) where students from the institution of higher education live in off-campus housing. (g) Administrative Expenses.--Not more than 5 percent of a grant under this section may be expended for administrative expenses. (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2006, and such sums as may be necessary for each of the fiscal years 2007 through 2010.

Campus-Based Underage Alcohol Use Reduction Act - Directs the Secretary of Education to award grants to reduce the rate of underage alcohol use and binge drinking among students at institutions of higher education (IHEs). Makes states, IHEs, or nonprofit entities eligible for such grants. Requires grantees to: (1) enhance or build a statewide coalition; (2) target underage students in the state; (3) ensure statewide coalition movement toward program achievement indicators; (4) work with state agencies on substance abuse prevention and education; and (5) engage in outreach.

A bill to award grants to eligible entities to enable the entities to reduce the rate of underage alcohol use and binge drinking among students at institutions of higher education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Equalization and Energy Security Act of 1999''. SEC. 2. EXCISE TAX ON IMPORTED CRUDE OIL AND PETROLEUM PRODUCTS. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 55--IMPORTED CRUDE OIL AND PETROLEUM PRODUCTS ``Sec. 5891. Imposition of tax. ``Sec. 5892. Determination of prices. ``Sec. 5893. Definitions. ``Sec. 5894. Registration. ``Sec. 5895. Procedures; returns; penalties. ``SEC. 5891. IMPOSITION OF TAX. ``(a) Imposition of Tax.--In addition to any other tax imposed under this title, an excise tax is hereby imposed on-- ``(1) the first sale within the United States of-- ``(A) any crude oil, or ``(B) any petroleum product, that has been imported into the United States, and ``(2) the use within the United States of-- ``(A) any crude oil, or ``(B) any petroleum product, that has been imported into the United States if no tax has been imposed with respect to such crude oil or petroleum product prior to such use. ``(b) Rates of Tax.-- ``(1) Crude oil.--The taxes imposed by paragraph (1)(A) and (2)(A) of subsection (a) shall be imposed at the rate equal to the applicable environmental equalization fee per barrel of crude oil. ``(2) Petroleum products.--The taxes imposed by paragraph (1)(B) and (2)(B) of subsection (a) shall be imposed at the rate equal to the applicable environmental equalization fee per barrel of petroleum products. ``(3) Fractional parts of barrels.--In the case of a fraction of a barrel, the taxes imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel. ``(c) Liability for Payment of Tax.-- ``(1) Sales.--The taxes imposed by subsection (a)(1) shall be paid by the first person who sells the crude oil or petroleum product within the United States. ``(2) Use.--The taxes imposed by subsection (a)(2) shall be paid by the person who uses the crude oil or petroleum product. ``(d) Exemptions.-- ``(1) Exports.-- ``(A) In general.--Under regulations prescribed by the Secretary, no tax shall be imposed under this chapter on the sale of crude oil or petroleum products for export or for resale by the purchaser to a second purchaser for export. ``(B) Proof of export.--Where any crude oil or petroleum product has been sold free of tax under subparagraph (A), such subparagraph shall cease to apply with respect to the sale of such crude oil or petroleum product unless, within the 6-month period which begins on the date of the sale, the seller receives proof that the crude oil or petroleum product has been exported. ``(2) Products in the national interest.--No tax shall be imposed under this chapter on the sale or use of any petroleum product during any period if the President determines that it is in the national interest not to impose the tax under this chapter on such product during such period. ``(3) Products from canada.--No tax shall be imposed by this chapter on the sale or use of-- ``(A) any crude oil produced from a well located in Canada, or ``(B) any petroleum product produced from crude oil described in subparagraph (A). ``SEC. 5892. DETERMINATION OF ENVIRONMENTAL EQUALIZATION FEE. ``(a) Environmental Equalization Fee.--For purposes of this chapter, the environmental equalization fee is the amount determined by the Secretary of Energy under subsection (b). ``(b) Determination by Secretary of Energy.--The Secretary of Energy, after conducting a study and in consultation with the Administrator of the Environmental Protection Agency and representatives from the domestic petroleum industry, shall from time to time determine the amount of the environmental equalization fee. The amount shall be the Secretary's estimate-- ``(1) in the case of crude oil, of the average amount per barrel of the price of domestic crude oil which is attributable to costs of complying with environmental laws and regulations of the United States; and ``(2) in the case of petroleum products, of the average amount per barrel of the price of domestic petroleum products which is attributable to such costs. ``SEC. 5893. DEFINITIONS. ``For purposes of this chapter-- ``(1) Crude oil.--The term `crude oil' means crude oil (as defined in section 4612(a)(1)) other than crude oil produced from a well located in the United States (as defined in section 4612(a)(4)). ``(2) Domestic crude oil.--The term `domestic crude oil' means crude oil produced from a well located in the United States. ``(3) Barrel.--The term `barrel' means 42 United States gallons. ``(4) Petroleum product.--The term `petroleum product' has the meaning given such term under section 4612(a)(3). ``(5) Export.--The term `export' includes shipment to a possession of the United States, and the term `exported' includes shipment to a possession of the United States. ``SEC. 5894. REGISTRATION. ``Every person subject to tax under section 5891 shall, before incurring any liability for tax under such section, register with the Secretary.''. (b) Conforming Amendment.--The table of chapters for subtitle E of such Code is amended by adding at the end thereof the following new item: ``Chapter 55. Imported crude oil and petroleum products.'' (c) Deductibility of Imported Crude Oil Tax.--The first sentence of section 164(a) of such Code (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The taxes imposed by section 5891 (relating to imported crude oil and petroleum products).'' (c) Effective Date.--The amendments made by this Act shall take effect on the 30th day after the date of the enactment of this Act.

Environmental Equalization and Energy Security Act of 1999 - Amends the Internal Revenue Code to impose an excise tax on imported crude oil and petroleum products (except those imported from Canada) equal to the applicable environmental equalization fee per barrel of crude oil, as determined by the Secretary of Energy. States that the fee shall be the amount of the Secretary's estimate: (1) in the case of crude oil, of the average amount per barrel of the price of domestic crude oil attributable to costs of complying with U.S. environmental laws and regulations; and (2) in the case of petroleum products, of the average amount per barrel of the price of domestic petroleum products attributable to such costs. Exempts from such tax: (1) the sale of crude oil or petroleum products for export or for resale by the purchaser to a second purchaser for export; and (2) the sale or use of any petroleum product during any period when the President determines that it is in the national interest not to impose the tax.

Environmental Equalization and Energy Security Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Opportunities for Service- Disabled Veteran-Owned Small Businesses Act of 2013''. SEC. 2. SMALL BUSINESS DEFINTION OF SMALL BUSINESS CONCERN CONSOLIDATED. Section 3(q) of the Small Business Act (15 U.S.C. 632(q)) is amended-- (1) in paragraph (2), to read as follows: ``(2) Small business concern owned and controlled by service-disabled veterans.--The term `small business concern owned and controlled by service-disabled veterans' means a small business concern-- ``(A)(i) not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and ``(ii) the management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or ``(B) not less than 51 percent of which is owned by one or more veterans with service-connected disabilities that are permanent and total who are unable to manage the daily business operations of such concern or, in the case of a publicly owned business, not less than 51 percent of the stock of which is owned by one or more such veterans.''; and (2) by adding at the end the following: ``(6) Treatment of businesses after death of veteran- owner.-- ``(A) In general.--Subject to subparagraph (C), if the death of a service-disabled veteran causes a small business concern to be less than 51 percent owned by one or more such veterans, the surviving spouse of such veteran who acquires ownership rights in such small business concern shall, for the period described in subparagraph (B), be treated as if the surviving spouse were that veteran for the purpose of maintaining the status of the small business concern as a small business concern owned and controlled by service- disabled veterans. ``(B) Period described.--The period referred to in subparagraph (A) is the period beginning on the date on which the service-disabled veteran dies and ending on the earliest of the following dates: ``(i) The date on which the surviving spouse remarries. ``(ii) The date on which the surviving spouse relinquishes an ownership interest in the small business concern. ``(iii) The date that is ten years after the date of the veteran's death. ``(C) Application to surviving spouse.-- Subparagraph (A) only applies to a surviving spouse of a veteran with a service-connected disability rated as 100 percent disabling or who dies as a result of a service-connected disability.''. SEC. 3. VETERANS AFFAIRS DEFINITION OF SMALL BUSINESS CONCERN CONSOLIDATED. Section 8127 of title 38, United States Code, is amended-- (1) by striking subsection (h); and (2) in subsection (l)(2), by striking ``means'' and all that follows through the period at the end and inserting the following: ``has the meaning given that term under section 3(q) of the Small Business Act (15 U.S.C. 632(q)).''. SEC. 4. SBA TO ASSUME CONTROL OF VERIFICATION OF OWNERSHIP AND CONTROL STATUS OF APPLICANTS FOR INCLUSION IN THE DATABASE OF SMALL BUSINESSES OWNED AND CONTROLLED BY SERVICE DISABLED VETERANS AND VETERANS. The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding at the end the following: ``SEC. 47. VETS FIRST PROGRAM. ``Not later than 180 days after the effective date of this section, the Administrator shall enter into a memorandum of understanding with the Secretary of Veterans Affairs that transfer control and administration of the program under subsections (e) through (g) of section 8127 of title 38, United States Code, to the Administrator, consistent with the following: ``(1) Not later than 270 days after completing the memorandum of understanding, the Administrator shall make rules to carry out the memorandum. If the Administrator does not make such rules by such date, the Administrator may not exercise the authority under section 7(a)(25)(A) until such time as those rules are made. ``(2) The Administrator shall assume authority and responsibility for maintenance and operation of the database and for verifications under the program. ``(3) Any appeal by a small business concern, at the time that verification is denied or a contract is awarded, of any determination under the program shall be heard by the Office of Hearings and Appeals of the Small Business Administration. ``(4) The Secretary shall, for a period of 6 years commencing on a date agreed to in the completed memorandum, reimburse to the Administrator of the Small Business Administration any costs incurred by the Administrator for actions undertaken pursuant to the memorandum from fees collected by the Secretary of Veteran Affairs under multiple- award schedule contracts. Any disputes between the Secretary and the Administrator shall be resolved by the Director of the Office of Management and Budget''. SEC. 5. MEMORANDUM OF UNDERSTANDING. Section 8127(f) of title 38, United States Code, is amended by adding at the end the following: ``(7) Not later than 180 days after the effective date of this paragraph, the Secretary shall enter into a memorandum of understanding with the Administrator of the Small Business Administration consistent with section 47 of the Small Business Act.''.

Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2014 - (Sec. 2) Amends the Small Business Act to require the Administrator of the Small Business Administration (SBA) to enter into a memorandum of understanding with the Secretary of Veterans Affairs (VA) that transfers from the Secretary to the Administrator control and administration of a database of veteran-owned businesses. (Small business concerns owned and controlled by veterans and small business concerns owned and controlled by veterans with service-connected disabilities must be in that database to participate in the Veterans First program that gives VA contracting preferences to those businesses.) Requires the Administrator to employ database fraud prevention measures that include: (1) the investigation of allegations of potential fraud, (2) the removal of unqualified businesses from the database, and (3) the referral of cases for prosecution when appropriate. Requires any appeal by a small business of any determination of its status as a veteran-owned business to be heard by the SBA's Office of Hearings and Appeals. Directs the Secretary, for the six years beginning on a date agreed to in the memorandum, to use fees the Secretary collects under multiple-award schedule contracts to reimburse the Administrator for the costs the Administrator incurs in implementing the memorandum. Requires the Secretary and the Administrator, every 180 days, to: (1) meet to discuss ways to improve collaboration under the memorandum to increase opportunities for service-disabled veteran-owned small businesses and veteran-owned small businesses, (2) consult with congressionally-chartered Veterans Service Organizations to discuss ways to increase opportunities for those businesses, and (3) report to Congress on their progress in implementing the memorandum. (Sec. 3) Requires the Secretary to enter into a memorandum of agreement with the SBA specifying the manner in which the Secretary shall notify the Administrator as to whether an individual is a veteran and if that veteran has a service-connected disability.

Improving Opportunities for Service-Disabled Veteran-Owned Small Businesses Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commissions on Regulatory Reform Act of 1993''. SEC. 2. FINDING AND PURPOSE. (a) Finding.--The Congress finds that Federal regulations have placed an unprecedented burden on all private citizens of the United States, to the extent that economic growth is significantly hampered. (b) Purpose.--The purpose of this Act is to demonstrate the need to reexamine the policies and procedures of Federal agencies which impose regulatory burden, to determine what changes are necessary and desirable in those policies and procedures. SEC. 3. REVIEW OF FEDERAL REGULATIONS. (a) In General.--Each of the commissions established under section 4 by the Director of the Office of Management and Budget (hereinafter in this Act referred to as the ``Director'') shall review in accordance with this section the regulations issued by the department or agency with respect to which the commission is established. (b) Standards for Review.--In reviewing regulations under this section, a commission shall examine and determine the following: (1) Whether the regulations are-- (A) within the scope of authority of the statutes under which the regulations were issued; and (B) in accordance with the original intent of the Congress in approving those statutes. (2) Whether administrative decisions made under the regulations were based on adequate information concerning the need for and consequences of proposed Government action. (3) Whether regulatory action was taken only in instances where potential economic benefits to society of taking an action have exceeded the economic costs to society of taking the action. (4) Whether the objectives of regulatory actions were selected to minimize net economic costs to society. (5) Whether in selecting among alternative approaches for achieving objectives of regulatory actions, the alternative selected was the alternative involving the least net economic cost to society. (6) Whether Federal agencies, in selecting regulatory priorities, have taken into account-- (A) the condition of the particular employers and employees affected by regulatory actions; (B) the condition of the regional and national economy; and (C) other Federal regulatory actions being considered. (c) Consultation and Comment.--In carrying out reviews under this section, a commission shall-- (1) consult with the Congress; and (2) solicit and consider views and suggestions of persons affected by the regulations reviewed by the commission. (d) Reports.-- (1) In general.--Each commission established under section 4 shall submit reports in accordance with this subsection to the Director, the head of the department or agency with respect to which the commission is established, and the Congress. The reports shall consist of-- (A) an interim report submitted by not later than 1 year after the completion of appointments of the members of the commission; (B) an interim report submitted by not later than 2 years after the completion of those appointments; and (C) a final report submitted by not later than 3 years after the completion of those appointments. (2) Contents.--Each report under this subsection shall describe the determinations made by the commission under each of paragraphs (1), (2), (3), (4), (5), and (6) of subsection (b) for the period covered by the report. SEC. 4. ESTABLISHMENT OF COMMISSIONS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Director shall establish 5 commissions to carry out reviews under section 3. Of the commissions established under this section-- (1) 1 shall be established with respect to each of-- (A) the Environmental Protection Agency; (B) the Occupational Safety and Health Administration; and (C) the Health Care Financing Administration; and (2) 1 shall be established with respect to each of 2 Federal departments or agencies selected by the Director. (b) Membership.--Each commission established under this section shall be composed of 14 members as follows: (1) 2 members of the Senate appointed by the President pro tempore of the Senate, who shall be members of different political parties. (2) 2 members appointed by the Speaker of the House of Representatives, who shall be members of different political parties. (3) 5 members appointed by the President from among persons affected by regulatory actions of the department or agency with respect to which the commission is established, of whom not more than 3 may be members of the same political party. (4) 5 members appointed by the head of the department or agency with respect to which the commission is established, from among the career employees of the agency. (c) Compensation.--A member of a commission may not receive any additional compensation by reason of service on the commission. (d) Expenses.--The head of a Federal department or agency with respect to which a commission is established under this section shall pay the expenses incurred by the commission in carrying out this Act. (e) Termination.--A commission established by this section shall terminate on the date the commission submits a final report under section 3(d)(1)(C).

Commissions on Regulatory Reform Act of 1993 - Requires the Director of the Office of Management and Budget to establish five commissions to review the regulations issued by the: (1) Environmental Protection Agency; (2) the Occupational Health and Safety Administration; (3) the Health Care Financing Administration; and (4) two Federal agencies selected by the Director. Establishes standards for such review.

Commissions on Regulatory Reform Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Therapeutic Fraud Prevention Act of 2016''. SEC. 2. FINDINGS. Congress finds that-- (1) being lesbian, gay, bisexual, transgender, or gender nonconforming is not a disorder, disease, illness, deficiency, or shortcoming; (2) the national community of professionals in education, social work, health, mental health, and counseling has determined that there is no scientifically valid evidence that supports the practice of attempting to prevent a person from being lesbian, gay, bisexual, transgender, or gender nonconforming; (3) such professionals have determined that there is no evidence that conversion therapy is effective or that an individual's sexual orientation or gender identity can be changed by conversion therapy; (4) such professionals have also determined that the potential risks of conversion therapy are not only that it is ineffective, but also that it is substantially dangerous to an individual's mental and physical health, and has been shown to contribute to depression, self-harm, low self-esteem, family rejection, and suicide; and (5) it is in the interest of the Nation to make sure that lesbian, gay, bisexual, transgender, and gender nonconforming people and their families are not defrauded by persons seeking to profit by offering this harmful and wholly ineffective therapy. SEC. 3. UNFAIR OR DECEPTIVE ACTS AND PRACTICES RELATED TO CONVERSION THERAPY. (a) Unlawful Conduct.--It shall be unlawful for any person-- (1) to provide conversion therapy to any individual if such person receives monetary compensation in exchange for such services; or (2) to advertise for the provision of conversion therapy and claim in such advertising-- (A) to change another individual's sexual orientation or gender identity; (B) to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender; or (C) that such efforts are harmless or without risk to individuals receiving such therapy. (b) Enforcement by Federal Trade Commission.-- (1) Violation of rule.--A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of commission.-- (A) In general.--The Commission shall enforce this section 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) Privileges and immunities.--Any person who violates this subsection (a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (3) Regulations.--The Commission may promulgate, in accordance with section 553 of title 5, United States Code, such regulations as the Commission considers appropriate to carry out this section. (c) Enforcement by States.-- (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 the State has been or is threatened or adversely affected by the engagement of any person subject to subsection (a) in a practice that violates such subsection, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. (2) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission.--The Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Preemptive action by federal trade commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of subsection (a), the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; (ii) may be found; (iii) transacts business; or (iv) wherever venue is proper under section 1391 of title 28, United States Code. (6) Actions by other state officials.-- (A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision.--Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. SEC. 4. DEFINITIONS. In this Act: (1) Conversion therapy.--The term ``conversion therapy''-- (A) means any practices or treatments by any person that seek to change another individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender, if such person receives monetary compensation in exchange for such practices or treatments; and (B) does not include practices or treatments that-- (i) provide assistance to an individual undergoing a gender transition; or (ii) provide acceptance, support, and understanding of a client or facilitation of a client's coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, if such practices or treatments do not seek to change sexual orientation or gender identity. (2) Gender identity.--The term ``gender identity'' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth. (3) Sexual orientation.--The term ``sexual orientation'' means homosexuality, heterosexuality, or bisexuality. SEC. 5. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and its application to any person or circumstance shall not be affected thereby.

Therapeutic Fraud Prevention Act of 2016 This bill prohibits sexual orientation or gender identity conversion therapy from being provided in exchange for monetary compensation. It bars advertisements for such therapy that claim to: (1) change an individual's sexual orientation or gender identity, (2) eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender, or (3) be harmless or without risk. These prohibitions are inapplicable to practices or treatments that do not seek to change sexual orientation or gender identity if they provide: (1) assistance to an individual undergoing a gender transition; or (2) acceptance, support, and understanding of clients or facilitation of clients' coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices. The Federal Trade Commission and states are provided authority to enforce against violations.

Therapeutic Fraud Prevention Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Invest USA Act of 2007''. SEC. 2. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the United States Direct Investment Administration established under section 4. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Finance and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives. (3) Critical high-technology industries.--The term ``critical high-technology industries'' means industries involved in technology-- (A) the development of which will-- (i) provide a wide array of economic, environmental, energy, and defense-related returns for the United States; and (ii) ensure United States economic, environmental, energy, and defense-related welfare; and (B) in which the United States has an abiding interest in creating or maintaining secure domestic sources. (4) Department.--The term ``Department'' means the Department of Commerce. (5) Under secretary.--The term ``Under Secretary'' means the Under Secretary of Commerce for United States Direct Investment described in section 4(a). (6) United states direct investment promotion committee.-- The term ``United States Direct Investment Promotion Committee'' means the Interagency United States Direct Investment Promotion Committee established under section 7. (7) WTO agreement.--The term ``WTO Agreement'' means the Agreement establishing the World Trade Organization entered into on April 15, 1994. SEC. 3. RELATION TO CFIUS. The provisions of this Act shall not affect the implementation or application of section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) and the activities of the Committee on Foreign Investment in the United States (or any successor committee). SEC. 4. ESTABLISHMENT OF UNITED STATES DIRECT INVESTMENT ADMINISTRATION. (a) In General.--There is established in the Department of Commerce a United States Direct Investment Administration, which shall be headed by an Under Secretary of Commerce for United States Direct Investment. The Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate, and shall be compensated at the rate of pay provided for a position at level III of the Executive Schedule under section 5314 of title 5, United States Code. (b) Deputy Under Secretary.--There shall be in the Administration a Deputy Under Secretary for United States Direct Investment, who shall be appointed by the President, by and with the advice of the Senate, and shall be compensated at the rate of pay provided for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (c) Staff.--The Under Secretary may appoint such additional personnel to serve in the Administration as the Under Secretary determines necessary. (d) Duties.--The Under Secretary, in cooperation with the Economics and Statistics Administration and other offices at the Department, shall-- (1) collect and analyze data related to the flow of direct investment in the United States and throughout the world, as described in section 5; (2) submit to the appropriate congressional committees an annual United States Direct Investment Report, as described in section 6; (3) develop and publish an annual United States Direct Investment Agenda; (4) assume responsibility as the lead agency for advocating and implementing strategic policies that will increase direct investment in the United States; and (5) coordinate with the President regarding implementation of section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) and the activities of the Committee on Foreign Investment in the United States (or any successor committee). (e) Conforming Amendments.-- (1) Section 5314 of title 5, United States Code, is amended by adding at the end the following: ``Under Secretary of Commerce for United States Direct Investment.''. (2) Section 5315 of title 5, United States Code, is amended by adding at the end the following: ``Deputy Under Secretary of Commerce for United States Direct Investment.''. SEC. 5. ANNUAL DIRECT INVESTMENT REPORT. (a) Annual Direct Investment Report.--Not later than October 1, 2008, and annually thereafter, the Under Secretary shall submit a report on the data identified and the analysis described in subsection (b) for the preceding calendar year (which shall be known as the ``Annual Direct Investment Report''). The Report shall be submitted to the President and the appropriate congressional committees. (b) Data Identification.-- (1) In general.--The data identified and analysis for the Report described in subsection (a) means the data identified and analyzed by the Under Secretary of Commerce, in cooperation with the Economic and Statistics Administration and other offices at the Department and with the assistance of other departments and agencies, including the Office of the United States Trade Representative, for the preceding calendar year regarding the following: (A) Policies, programs, and practices at the State and regional level designed to attract direct investment. (B) The amount of direct investment attracted in each such State and region. (C) Policies, programs, and practices in foreign countries designed to attract direct investment, and the amount of direct investment attracted in each such foreign country. (D) A comparison of the levels of direct investment attracted in the United States and in foreign countries, including a matrix of inputs affecting the level of direct investment. (E) Specific sectors in the United States and in foreign countries in which direct investments are being made, including the specific amounts invested in each sector, with particular emphasis on critical high- technology industries. (F) Trends in direct investment, with particular emphasis on critical high-technology industries. (G) The best policy and practices at the Federal, State, and regional levels regarding direct investment policy, with specific reference to programs and policies that have the greatest potential to increase direct investment in the United States and enhance United States competitive advantage relative to foreign countries. Particular emphasis should be given to attracting direct investment in critical high- technology industries. (H) Policies, programs, and practices in foreign countries designed to attract direct investment that are not in compliance with the WTO Agreement and the agreements annexed to that Agreement. (2) Certain factors taken into account in making analysis.--In making any analysis under paragraph (1), the Under Secretary shall take into account-- (A) the relative impact of policies, programs, and practices of foreign governments on United States commerce; (B) the availability of information to document the effect of policies, programs, and practices; (C) the extent to which such act, policy, or practice is subject to international agreements to which the United States is a party; and (D) the impact trends in direct investment have had on-- (i) the competitiveness of United States industries in the international economy, with particular emphasis on critical high-technology industries; (ii) the value of goods and services exported from and imported to the United States; (iii) employment in the United States, in particular high-wage employment; and (iv) the provision of health care, pensions, and other benefits provided by companies based in the United States. (c) Assistance of Other Agencies.-- (1) Furnishing of information.--The head of each department or agency of the executive branch of the Government, including any independent agency, is authorized and directed to furnish to the Under Secretary, upon request, such data, reports, and other information as is necessary for the Under Secretary to carry out the functions under this Act. (2) Restrictions on release or use of information.--Nothing in this subsection shall authorize the release of information to, or the use of information by, the Under Secretary in a manner inconsistent with law or any procedure established pursuant thereto. (3) Personnel and services.--The head of any department, agency, or instrumentality of the United States may detail such personnel and may furnish such services, with or without reimbursement, as the Under Secretary may request to assist in carrying out the functions of the Under Secretary. (d) Annual Revisions and Updates.--The Under Secretary shall annually revise and update the Report described in subsection (a). SEC. 6. ANNUAL DIRECT INVESTMENT AGENDA. (a) In General.--Not later than October 1, 2008, and annually thereafter, the Under Secretary shall submit an agenda based on the data and analysis described in section 5 for the preceding calendar year, to the President and the appropriate congressional committees. The agenda shall be known as the ``Annual Direct Investment Agenda'' and shall include-- (1) an evaluation of the research and development program expenditures being made in the United States with particular emphasis to critical high-technology industries considered essential to United States economic security and necessary for long-term United States economic competitiveness in world markets; and (2) proposals that identify the policies, programs, and practices in foreign countries and that the United States should pursue that-- (A) encourage direct investment in the United States that will enhance the country's competitive advantage relative to foreign countries, with particular emphasis on critical high-technology industries; (B) enhance the viability of the manufacturing sector in the United States; (C) increase opportunities for high-wage jobs and promote high levels of employment; (D) encourage economic growth; and (E) increase opportunities for the provision of health care, pensions, and other benefits provided by companies based in the United States. (b) Submission.--To the extent practical, the Under Secretary shall submit the Annual Direct Investment Agenda concurrently with the Annual Direct Investment Report. (c) Consultation With Congress on Annual Direct Investment Agenda.--The Under Secretary shall keep the appropriate congressional committees currently informed with respect to the Annual Direct Investment Agenda and implementation of the Agenda. After the submission of the Agenda, the Under Secretary shall also consult periodically with, and take into account the views of, the appropriate congressional committees regarding implementation of the Agenda. SEC. 7. UNITED STATES DIRECT INVESTMENT PROMOTION COMMITTEE. (a) Establishment.--The President shall establish and the Under Secretary shall assume lead responsibility for an Interagency United States Direct Investment Promotion Committee. The functions of the Committee shall be to-- (1) coordinate all United States Government activities related to the promotion of direct investment in the United States; (2) advocate and implement strategic policies, programs, and practices that will increase direct investment in the United States; (3) train United States Government officials to pursue strategic policies, programs, and practices that will increase direct investment in the United States; (4) consult with business, labor, State, regional, and local government officials on strategic policies, programs, and practices that will increase direct investment in the United States; (5) develop and publish materials that can be used by Federal, State, regional, and local government officials to increase direct investment in the United States; (6) create and maintain a database of direct investment opportunities in the United States; (7) create and maintain an interactive website that can be used to access direct investment opportunities in different sectors and geographical areas of the United States, with particular emphasis on critical high-technology industries; (8) coordinate direct investment marketing activities with State Economic Development Agencies; and (9) host regular meetings and discussions with State, regional, and local economic development officials to consider best policy practices to increase direct investment in the United States. (b) Members.--The Committee shall be composed of the following: (1) The Secretary of Commerce. (2) The United States Trade Representative. (3) Members of the United States International Trade Commission. (4) The Secretary of the Treasury. (5) Members of the National Economic Council. (6) The Secretary of Agriculture. (7) Such other officials as the President determines to be necessary. SEC. 8. DESIGNATION OF ADDITIONAL RENEWAL COMMUNITIES. Section 1400E of the Internal Revenue Code of 1986 (relating to designation of renewal communities) is amended by adding at the end the following new subsection: ``(h) Additional Designations Permitted.-- ``(1) In general.--In addition to the areas designated under subsection (a), the Under Secretary of Commerce for United States Direct Investment, after consultation with the Secretary of the Treasury, may designate in the aggregate an additional 10 nominated areas as renewal communities under this section, subject to the availability of eligible nominated areas. ``(2) Period designations may be made and take effect.--A designation may be made under this subsection after the date of the enactment of this subsection and before the date which is 5 years after such date of enactment. Subject to subparagraphs (B) and (C) of subsection (b)(1), a designation made under this subsection shall remain in effect during the period beginning with such designation and ending on the date which is 8 years after such designation. ``(3) Application of rules.--Except as otherwise provided in paragraph (1), the rules of this section shall apply to designations under this subsection.''.

Invest USA Act of 2007 - Establishes in the Department of Commerce a United States Direct Investment Administration, headed by an Under Secretary of Commerce for United States Direct Investment. Requires the Under Secretary to collect, analyze, and report annually to the President and the appropriate congressional committees: (1) on specified data about direct investment in each state and region; and (2) an agenda based on such data and analysis. Requires the President to establish, and the Under Secretary to assume lead responsibility for, an Interagency United States Direct Investment Promotion Committee. Amends the Internal Revenue Code (relating to designation of renewal communities) to authorize the Under Secretary to designate an additional 10 nominated areas as renewal communities.

A bill to establish in the Department of Commerce an Under Secretary for United States Direct Investment, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mentoring America's Children Act of 2007''. SEC. 2. AMENDMENTS TO MENTORING PROGRAMS. (a) Purpose; Definitions.--Section 4130(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7140(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B) by striking ``achievement of such children'' and inserting ``outcomes of such children by improving their school connectedness, decreasing absenteeism, and increasing academic performance''; (B) in subparagraph (D) by striking ``and'' at the end; (C) in subparagraph (E) by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(F) to foster character education.''; (2) in paragraph (2)(B)(iii) by striking ``a partnership between a local educational agency and a nonprofit, community- based organization'' and inserting ``a consortium between one or more local educational agencies; nonprofit community-based organizations; and other partners, such as corporations or universities, or both''; and (3) in paragraph (2)(C)(iii) by inserting after ``responsible'' the following: ``and successful''. (b) Grant Program.--Section 4130(b) of such Act (20 U.S.C. 7140(b)) is amended-- (1) in paragraph (1), in the matter preceding subparagraph (A), by striking ``under section 4003(2)'' and inserting ``under subsection (d)''; (2) in paragraph (1)(A) by striking ``(particularly'' and all that follows through ``failure)'' and inserting ``, particularly children living in rural, suburban, or urban areas facing high rates of crime, gang involvement, drug use, and dropouts,''; (3) in paragraph (4)-- (A) by amending subparagraph (D) to read as follows: ``(D) an assurance that each mentor will be assigned to no more than three children, and that when assigned more than one child (which is preferable where practicable), the assignment must not undermine the mentor's ability to be an effective mentor or to establish a close relationship with each mentored child;''; (B) in subparagraph (I) by striking ``and'' at the end; (C) in subparagraph (J) by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(K) information regarding the staffing plan and levels the eligible entity will use to monitor the mentor/mentee match over the duration of the match; and ``(L) information regarding the eligible entity's sustainability plan, specifically how the eligible entity will meet the required match, which is-- ``(i) in year 1 of the grant, at least 10 percent of the amount awarded for that year; ``(ii) in year 2 of the grant, at least 25 percent of the amount awarded for that year; ``(iii) in year 3 of the grant, at least 50 percent of the amount awarded for that year; and ``(iv) for an entity receiving subsequent funding under subparagraph (E) of paragraph (5), in all three years of the grant the match shall be at least 50 percent of the amount awarded for that year.''; (4) in paragraph (5)(C)-- (A) in clause (i) by striking ``urban and rural'' and inserting ``urban, suburban, and rural''; (B) in clause (ii)(II), by inserting after ``organizations,'' the following: ``children,''; and (C) in clause (iii), by inserting after ``mentoring program'' the following: ``and sustain it for the duration of the grant and beyond''; and (5) in paragraph (5), by adding at the end following: ``(E) Subsequent grants.--In awarding grants under subparagraph (A), the Secretary shall consider entities who have received funding in a prior grant cycle for a new grant only if each of the following criteria are met: ``(i) Performance during the initial grant was satisfactory in terms of program design and numbers of children served. ``(ii) The subsequent grant will exclusively support expanded service to a new geographic area or target population. ``(iii) The eligible entity demonstrates that it is able to provide a 50 percent match to Federal funds for all three years of the new grant. ``(F) Policy on one entity having two grants at same time.--In awarding grants under subparagraph (A), the Secretary may have in effect a policy under which an entity is prohibited from having two grants at the same time. However, such a policy shall not prohibit an entity from having two grants at the same time when the periods of the two grants overlap by three months or less.''. (c) Additional Provisions.--Section 4130 of such Act (20 U.S.C. 7140) is amended by adding at the end the following: ``(c) Ensuring Quality Grants.-- ``(1) Support for grantees.--In order to ensure the strongest possible outcomes for children mentored through this section, the Secretary shall-- ``(A) provide training and technical assistance to grant recipients, beginning in year 1 and continuing throughout the span of the grant; ``(B) track the mentoring practices and outcomes of all grant recipients throughout the 3-year span of the grant utilizing a robust online tracking and evaluation system; and ``(C) submit an annual report to Congress detailing the number of children served by grant recipients and the outcomes achieved for those children. ``(2) Research on school-based mentoring.--In order to ensure that grant recipients have access to the most current research-based knowledge about building and carrying out strong and effective mentoring programs, the Secretary shall do the following: ``(A) Consult with leading mentoring organizations and researchers, including the Federal Mentoring Council and the National Mentoring Working Group, to determine priorities for research on school-based mentoring and appropriate research design, with consideration for-- ``(i) determining the ideal school environments in which school-based mentoring succeeds; ``(ii) identifying techniques for matching children with specific characteristics (such as age, academic situation, risk factors) with the most appropriate mentoring models; ``(iii) determining the ideal infrastructure needed to foster the expansion of school-based mentoring in a sustainable way; and ``(iv) refining best practices, match activities, and a range of mentoring models to lead to the best possible outcomes for children. ``(B) Issue grants or contracts to high-quality research entities to perform research on the priorities identified in subparagraph (A), with the following criteria: ``(i) The proposed research design must meet accepted standards within the academic community. ``(ii) All research results and findings must be widely disseminated to existing grantees and to the larger mentoring community. ``(C) Issue grants or contracts only if amount appropriated for each fiscal year under paragraph (1) of subsection (d) exceeds $50,000,000. ``(d) Authorization of Appropriations; Reservation of Certain Amounts.-- ``(1) Authorization.--There are authorized to be appropriated to carry out this section $100,000,000 for fiscal year 2008 and such sums as may be necessary for each succeeding fiscal year. ``(2) Reservations.--Each fiscal year, the Secretary shall reserve-- ``(A) not more than 5 percent of the amount appropriated for that fiscal year under paragraph (1) for expenditure on support for grantees as authorized by paragraph (1) of subsection (c); and ``(B) not more than 10 percent of the amount appropriated for that fiscal year under paragraph (1) for expenditure on research as authorized by paragraph (2) of subsection (c).''. (d) Revisions to Other Education Programs.-- (1) Inclusion of mentoring for minority programs.-- (A) Section 7121(c)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441(c)(1)) is amended-- (i) in subparagraph (E) by inserting after ``programs and projects'' the following: ``, including mentoring,''; and (ii) in subparagraph (J) by inserting after ``programs'' the following: ``, including mentoring,''. (B) Section 7205(a)(3) of that Act (20 U.S.C. 7515(a)(3)) is amended-- (i) in subparagraph (H)(ii) by inserting after ``programs'' the following: ``, including mentoring''; (ii) in subparagraph (I)(iii) by inserting after ``counseling'' the following: ``, mentoring,''. (C) Section 7304(a)(2)(P) of that Act (20 U.S.C. 7544(a)(2)(P)) is amended by inserting after ``program'' the following: ``or mentoring programs''. (2) Transition services.--Section 1418(a)(2)(C) of that Act (20 U.S.C. 6438(a)(2)(C)) is amended-- (A) in clause (iv) by striking ``and'' at the end; (B) in clause (v) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(vi) youth mentoring programs.''. (3) National safe and drug-free schools programs.--Section 4121(a)(2) of that Act (20 U.S.C. 7131(a)(2)) is amended-- (A) in subparagraph (C) by striking ``and'' at the end; (B) in subparagraph (D) by adding ``and'' at the end; and (C) by adding at the end the following: ``(E) school and community-based mentoring programs;''.

Mentoring America's Children Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to make miscellaneous changes to the Mentoring grant program under title IV that include: (1) improvement of school connectedness and character education among mentoring's purposes; (2) corporations, universities, and other entities among program providers; (3) a requirement that mentors help children become responsible and successful adults; (4) suburban children in high crime areas and children living in high gang involvement, drug use, or dropout areas among those most in need of mentoring; (5) limitation of each mentor to no more than three children; and (6) mandatory information on grant applicants about plans for monitoring mentor/mentee matches and the satisfaction of grant matching requirements that increase from 10% to 50% over the three-year grant term; Allows grantees to be considered for new grants if: (1) their prior performance was satisfactory; (2) they propose to use the new grant exclusively for expanded service to a new area or population; and (3) they are able to provide a 50% match to the new grant funds. Directs the Secretary of Education to: (1) provide training and technical assistance to, and track and evaluate the performance of, grantees; and (2) arrange for research on school-based mentoring, the results of which are to be provided to the mentoring community. Includes mentoring in ESEA programs for: (1) Indian, Native Hawaiian, and Alaskan Native education; (2) the transitioning of youth offenders into education; and (3) school violence and drug abuse prevention.

To amend the Elementary and Secondary Education Act of 1965 to strengthen mentoring programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prostate Research, Imaging, and Men's Education Act of 2007'' or the ``PRIME Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Prostate cancer has reached epidemic proportions, particularly among African-American men, and strikes and kills men in numbers comparable to the number of women who lose their lives from breast cancer. (2) Life-saving breakthroughs in screening, diagnosis, and treatment of breast cancer resulted from the development of advanced imaging technologies led by the Federal Government. (3) Men should have accurate and affordable prostate cancer screening exams and minimally-invasive treatment tools, similar to what women have for breast cancer. (4) While it is important for men to take advantage of current prostate cancer screening techniques, a recent NCI- funded study demonstrated that the most common available methods of detecting prostate cancer (PSA blood test and physical exams) are not foolproof, causing numerous false alarms and false reassurances. (5) The absence of advanced imaging technologies for prostate cancer causes the lack of accurate information critical for clinical decisions, resulting in missed cancers and lost lives, as well as unnecessary and costly medical procedures, with related complications. (6) With prostate imaging tools, men and their families would face less physical, psychological, financial and emotional trauma and billions of dollars could be saved in private and public health care systems. SEC. 3. RESEARCH AND DEVELOPMENT OF PROSTATE CANCER IMAGING TECHNOLOGIES. (a) Expansion of Research.--The Secretary of Health and Human Services (referred to in this Act as the ``Secretary''), acting through the Director of the National Institutes of Health and the Administrator of the Health Resources and Services Administration, and in consultation with the Secretary of Defense, shall carry out a program to expand and intensify research to develop innovative advanced imaging technologies for prostate cancer detection, diagnosis, and treatment comparable to state-of-the-art mammography technologies. (b) Early Stage Research.--In implementing the program under subsection (a), the Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a grant program to encourage the early stages of research in prostate imaging to develop and implement new ideas, proof of concepts, and pilot studies for high-risk technologic innovation in prostate cancer imaging that would have a high potential impact for improving patient care, including individualized care, quality of life, and cost-effectiveness. (c) Large Scale Later Stage Research.--In implementing the program under subsection (a), the Secretary, acting through the Director of the National Institutes of Health, shall utilize the National Institute of Biomedical Imaging and Bioengineering and the National Cancer Institute for advanced stages of research in prostate imaging, including technology development and clinical trials for projects determined by the Secretary to have demonstrated promising preliminary results and proof of concept. (d) Interdisciplinary Private-Public Partnerships.--In developing the program under subsection (a), the Secretary, through the Administrator of the Health Resources and Services Administration, shall establish interdisciplinary private-public partnerships to develop and implement research strategies for expedited innovation in imaging and image-guided treatment and to conduct such research. (e) Racial Disparities.--In developing the program under subsection (a), the Secretary shall recognize and address-- (1) the racial disparities in the incidences of prostate cancer and mortality rates with respect to such disease; and (2) any barriers in access to care and participation in clinical trials that are specific to racial minorities. (f) Authorization of Appropriations.-- (1) In general.--Subject to paragraph (2), there is authorized to be appropriated to carry out this section, $100,000,000 for each of the fiscal years 2008 through 2012. (2) Specific allocations.--Of the amount authorized to be appropriated under paragraph (1) for each of the fiscal years described in such paragraph-- (A) no less than 10 percent may be appropriated to carry out the grant program under subsection (b); and (B) no more than 1 percent may be appropriated to carry out subsection (d). SEC. 4. PUBLIC AWARENESS AND EDUCATION CAMPAIGN. (a) National Campaign.--The Secretary shall carry out a national campaign to increase the awareness and knowledge of Americans with respect to the need for prostate cancer screening and for improved detection technologies. (b) Requirements.--The national campaign conducted under subsection (a) shall include-- (1) roles for the Health Resources Services Administration, the Office on Minority Health of the Department of Health and Human Services, the Centers for Disease Control and Prevention, and the Office of Minority Health of the Centers for Disease Control and Prevention; and (2) the development and distribution of written educational materials, and the development and placing of public service announcements, that are intended to encourage men to seek prostate cancer screening and to create awareness of the need for improved imaging technologies for prostate cancer screening and diagnosis, including in vitro blood testing and imaging technologies. (c) Racial Disparities.--In developing the national campaign under subsection (a), the Secretary shall recognize and address-- (1) the racial disparities in the incidences of prostate cancer and mortality rates with respect to such disease; and (2) any barriers in access to care and participation in clinical trials that are specific to racial minorities. (d) Grants.--The Secretary shall establish a program to award grants to nonprofit private entities to enable such entities to test alternative outreach and education strategies to increase the awareness and knowledge of Americans with respect to the need for prostate cancer screening and improved imaging technologies. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $10,000,000 for each of the fiscal years 2008 through 2012. SEC. 5. IMPROVING PROSTATE CANCER SCREENING BLOOD TESTS. (a) In General.--The Secretary, in coordination with the Secretary of Defense, shall carry out research to develop an improved prostate cancer screening blood test using in-vitro detection. (b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal years 2008 through 2012. SEC. 6. REPORTING AND COMPLIANCE. (a) Report and Strategy.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report that details the strategy of the Secretary for implementing the requirements of this Act and the status of such efforts. (b) Full Compliance.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that-- (1) describes the research and development and public awareness and education campaigns funded under this Act; (2) provides evidence that projects involving high-risk, high impact technologic innovation, proof of concept, and pilot studies are prioritized; (3) provides evidence that the Secretary recognizes and addresses any barriers in access to care and participation in clinical trials that are specific to racial minorities in the implementation of this Act; (4) contains assurances that the all other provisions of this Act are fully implemented; and (5) certifies compliance with the provisions of this Act, or in the case of a Federal agency that has not complied with any of such provisions, an explanation as to such failure to comply.

Prostate Research, Imaging, and Men's Education Act of 2007 or the PRIME Act of 2007 - Requires the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH), to: (1) carry out a program to expand and intensify research to develop advanced imaging technologies for prostate cancer detection, diagnosis, and treatment comparable to mammogram technology; and (2) utilize the National Institute of Biomedical Imaging and Bioengineering and the National Cancer Institute for advanced stages of research in prostate imaging. Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration, to: (1) carry out a grant program to encourage the early stages of research in prostate imaging to develop and implement new ideas, proof of concepts, and pilot studies for high-risk technologic innovation; and (2) establish interdisciplinary private-public partnerships to develop research strategies for expedited innovation in imaging and image-guided treatment. Directs the Secretary: (1) to carry out a national campaign to increase awareness and knowledge with respect to the need for prostate cancer screening and for improved detection technologies; (2) in carrying out the program and the campaign, to recognize and address the racial disparities in the incidences of prostate cancer and mortality rates and any racial barriers in access to care and participation in clinical trials; (3) establish a program to award grants to nonprofit private entities to test alternative outreach and education strategies; and (4) carry out research to develop an improved prostate cancer screening blood test using in-vitro detection.

To provide for prostate cancer imaging research and education.

SECTION 1. REDUCTION IN LOAN RATES FOR PEANUTS. Section 155(a) of the Agricultural Market Transition Act (7 U.S.C. 7271(a)(2)) is amended by striking paragraph (2) and inserting the following new paragraph: ``(2) Loan rate.--The national average quota loan rate for quota peanuts shall be as follows: ``(A) $610 per ton for the 1997 crop. ``(B) $550 per ton for the 1998 crop. ``(C) $515 per ton for the 1999 crop. ``(D) $480 per ton for the 2000 crop. ``(E) $445 per ton for the 2001 crop.''. SEC. 2. FUTURE TERMINATION OF PRICE SUPPORT AND MARKETING QUOTA PROGRAMS FOR PEANUTS. (a) Effective Date.--The amendments made by this section shall take effect October 1, 2001, and shall apply with respect to the 2002 and subsequent crops of peanuts. (b) Price Support.--Section 155 of the Agricultural Market Transition Act (7 U.S.C. 7271) is repealed. (c) Marketing Quota.--Part VI of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1357-1359a), relating to peanuts, is repealed. (d) Conforming Amendments.--The Agricultural Act of 1949 (7 U.S.C. 1441 et seq.) is amended-- (1) in section 101(b) (7 U.S.C. 1441(b)), by striking ``and peanuts''; and (2) in section 408(c) (7 U.S.C. 1428(c)), by striking ``peanuts,''. (e) Prohibition on Subsequent Provision of Price Support.-- (1) Prohibition.--After the effective date of this section, except as provided in section 3, the Secretary of Agriculture may not make price support available, whether in the form of loans, purchases, or other operations, to peanut producers for the 2002 and subsequent crops of peanuts by using the funds of the Commodity Credit Corporation or under the authority of any law. (2) Outstanding loans.--Notwithstanding paragraph (1), the Secretary shall settle any outstanding loans under section 155 of the Agricultural Market Transition Act (title I of Public Law 104-127; 7 U.S.C. 7271) made before the effective date of this section with regard to the 2001 and previous crops of peanuts. (f) Continued Liability of Producers.--An amendment made by this section shall not affect the liability of any person under any provision of law as in effect before the effective date of this section. SEC. 3. NONRECOURSE LOANS FOR PEANUT PRODUCERS. (a) Nonrecourse Loans Available.--For each of the 2002 and subsequent crops of peanuts produced in the United States, the Secretary of Agriculture shall make available to producers on a farm a nonrecourse loan for peanuts produced on the farm. The loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under subsection (b). (b) Loan Rate.--The loan rate for a nonrecourse loan under this section for peanuts shall be-- (1) not less than 85 percent of the simple average price received by producers of peanuts, as determined by the Secretary, during the marketing years for the immediately preceding five crops of peanuts, excluding the year in which the average price was the highest and the year in which the average price was the lowest in the period; but (2) not more than $350 per ton. (c) Term of Loan.--A nonrecourse loan for peanuts under this section shall have a term of 9 months beginning on the first day of the first month after the month in which the loan is made. The Secretary may not extend the term of the loan. (d) Repayment Rates.--The Secretary shall permit a producer to repay a nonrecourse loan for peanuts under this section at a rate that is the lesser of-- (1) the loan rate established under subsection (b), plus interest (as determined by the Secretary); or (2) a rate that the Secretary determines will-- (A) minimize potential loan forfeitures; (B) minimize the accumulation of stocks of peanuts by the Federal Government; (C) minimize the cost incurred by the Federal Government in storing the peanuts; and (D) allow peanuts produced in the United States to be marketed freely and competitively, both domestically and internationally. (e) Loan Deficiency Payments.-- (1) Availability.--The Secretary may make loan deficiency payments available to peanut producers who, although eligible to obtain a nonrecourse loan under this section, agree to forgo obtaining the loan for the commodity in return for payments under this subsection. (2) Computation.--A loan deficiency payment under this subsection shall be computed by multiplying-- (A) the loan payment rate determined under paragraph (3); by (B) the quantity of peanuts that the producers on a farm are eligible to place under loan but for which the producers forgo obtaining the loan in return for payments under this subsection. (3) Loan payment rate.--For purposes of this subsection, the loan payment rate shall be the amount by which-- (A) the loan rate established under subsection (b); exceeds (B) the rate at which a loan for the peanuts may be repaid under subsection (d).

Amends the Agricultural Market Transition Act to: (1) reduce the loan rate for quota peanuts by specified amounts through crop year 2001; and (2) eliminate peanut price supports as of crop year 2002. Amends: (1) the Agricultural Adjustment Act of 1938 to eliminate peanut marketing quota provisions as of crop year 2002; and (2) the Agricultural Act of 1949 to make conforming amendments. Prohibits the Secretary of Agriculture (Secretary) from providing any subsequent peanut price supports. Directs the Secretary to make nonrecourse loans and loan deficiency payments available to peanut producers beginning with crop year 2002. Sets forth: (1) loan rate, term, and repayment provisions; and (2) deficiency computation provisions.

To provide for a gradual reduction in the loan rate for peanuts, to repeal peanut quotas for the 2002 and subsequent crops, and to make nonrecourse loans available for peanut producers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prioritizing the Most Vulnerable Over Lottery Winners Act of 2017''. SEC. 2. TREATMENT OF LOTTERY WINNINGS AND OTHER LUMP-SUM INCOME FOR PURPOSES OF INCOME ELIGIBILITY UNDER MEDICAID. (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) in subsection (a)(17), by striking ``(e)(14), (e)(14)'' and inserting ``(e)(14), (e)(15)''; and (2) in subsection (e)-- (A) in paragraph (14) (relating to modified adjusted gross income), by adding at the end the following new subparagraph: ``(J) Treatment of certain lottery winnings and income received as a lump sum.-- ``(i) In general.--In the case of an individual who is the recipient of qualified lottery winnings (pursuant to lotteries occurring on or after January 1, 2018) or qualified lump sum income (received on or after such date) and whose eligibility for medical assistance is determined based on the application of modified adjusted gross income under subparagraph (A), a State shall, in determining such eligibility, include such winnings or income (as applicable) as income received-- ``(I) in the month in which such winnings or income (as applicable) is received if the amount of such winnings or income is less than $80,000; ``(II) over a period of 2 months if the amount of such winnings or income (as applicable) is greater than or equal to $80,000 but less than $90,000; ``(III) over a period of 3 months if the amount of such winnings or income (as applicable) is greater than or equal to $90,000 but less than $100,000; and ``(IV) over a period of 3 months plus 1 additional month for each increment of $10,000 of such winnings or income (as applicable) received, not to exceed a period of 120 months (for winnings or income of $1,260,000 or more), if the amount of such winnings or income is greater than or equal to $100,000. ``(ii) Counting in equal installments.--For purposes of subclauses (II), (III), and (IV) of clause (i), winnings or income to which such subclause applies shall be counted in equal monthly installments over the period of months specified under such subclause. ``(iii) Hardship exemption.--An individual whose income, by application of clause (i), exceeds the applicable eligibility threshold established by the State, shall continue to be eligible for medical assistance to the extent that the State determines, under procedures established by the State (in accordance with standards specified by the Secretary), that the denial of eligibility of the individual would cause an undue medical or financial hardship as determined on the basis of criteria established by the Secretary. ``(iv) Notifications and assistance required in case of loss of eligibility.--A State shall, with respect to an individual who loses eligibility for medical assistance under the State plan (or a waiver of such plan) by reason of clause (i)-- ``(I) before the date on which the individual loses such eligibility, inform the individual-- ``(aa) of the individual's opportunity to enroll in a qualified health plan offered through an Exchange established under title I of the Patient Protection and Affordable Care Act during the special enrollment period specified in section 9801(f)(3) of the Internal Revenue Code of 1986 (relating to loss of Medicaid or CHIP coverage); and ``(bb) of the date on which the individual would no longer be considered ineligible by reason of clause (i) to receive medical assistance under the State plan or under any waiver of such plan and be eligible to reapply to receive such medical assistance; and ``(II) provide technical assistance to the individual seeking to enroll in such a qualified health plan. ``(v) Qualified lottery winnings defined.-- In this subparagraph, the term `qualified lottery winnings' means winnings from a sweepstakes, lottery, or pool described in paragraph (3) of section 4402 of the Internal Revenue Code of 1986 or a lottery operated by a multistate or multijurisdictional lottery association, including amounts awarded as a lump sum payment. ``(vi) Qualified lump sum income defined.-- In this subparagraph, the term `qualified lump sum income' means income that is received as a lump sum from one of the following sources: ``(I) Monetary winnings from gambling (as defined by the Secretary and including gambling activities described in section 1955(b)(4) of title 18, United States Code). ``(II) Damages received, whether by suit or agreement and whether as lump sums or as periodic payments (other than monthly payments), on account of causes of action other than causes of action arising from personal physical injuries or physical sickness. ``(III) Income received as liquid assets from the estate (as defined in section 1917(b)(4)) of a deceased individual.''; and (B) by striking ``(14) Exclusion'' and inserting ``(15) Exclusion''. (b) Rules of Construction.-- (1) Interception of lottery winnings allowed.--Nothing in the amendment made by subsection (a)(2) shall be construed as preventing a State from intercepting the State lottery winnings awarded to an individual in the State to recover amounts paid by the State under the State Medicaid plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) for medical assistance furnished to the individual. (2) Applicability limited to eligibility of recipient of lottery winnings or lump sum income.--Nothing in the amendment made by subsection (a)(2)(A) shall be construed, with respect to a determination of household income for purposes of a determination of eligibility for medical assistance under the State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (or a waiver of such plan) made by applying modified adjusted gross income under subparagraph (A) of section 1902(e)(14) of such Act (42 U.S.C. 1396a(e)(14)), as limiting the eligibility for such medical assistance of any individual that is a member of the household other than the individual who received qualified lottery winnings or qualified lump-sum income (as defined in subparagraph (J) of such section 1902(e)(14), as added by subsection (a)(2)(A) of this section).

Prioritizing the Most Vulnerable Over Lottery Winners Act of 2017 This bill specifies how a state must treat qualified lottery winnings and lump sum income for purposes of determining an individual's income-based eligibility for a state Medicaid program. Specifically, a state shall include such winnings or income as income received: (1) in the month in which it was received, if the amount is less than $80,000; (2) over a period of two months, if the amount is at least $80,000 but less than $90,000; (3) over a period of three months, if the amount is at least $90,000 but less than $100,000; and (4) over an additional one-month period for each increment of $10,000 received, not to exceed 120 months. An individual whose income exceeds the applicable eligibility threshold due to qualified lump sum income shall continue to be eligible for medical assistance to the extent that the state determines that denial of eligibility would cause undue medical or financial hardship. With respect to an individual who loses eligibility due to qualified lump sum income, a state must provide specified notice and assistance related to the individual's potential enrollment in a qualified health plan under the Patient Protection and Affordable Care Act. Qualified lump sum income includes: (1) monetary winnings from gambling; (2) damages received in lump sums or periodic payments, excluding monthly payments, on account of causes of action other than those arising from personal physical injuries or sickness; and (3) income received as liquid assets from the estate of a deceased individual.

Prioritizing the Most Vulnerable Over Lottery Winners Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Russian Fissile Materials Disposition Loan Guarantee Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The proliferation of nuclear weapons represents a risk to the national security of the United States. (2) Countries seeking new nuclear weapons capabilities require both technical expertise and nuclear weapons materials. (3) The nuclear weapons complex of the former Soviet Union contains large amounts of such technical expertise and materials and could present risks for nuclear proliferation. (4) Several current programs address the potential for loss of such technical expertise and materials. (5) Progress on the Highly Enriched Uranium Agreement and on the Plutonium Disposition Agreement will enhance United States security against nuclear proliferation, but United States security would be further enhanced were additional progress achieved in securing and disposing of the nuclear weapons materials of the former Soviet Union. (6) In addition to the programs referred to in paragraphs (4) and (5), a program providing for the placement of nuclear weapons materials of the Russian Federation under permanent safeguards in exchange for the guarantee of loans for nonproliferation programs and activities of the Russian Federation could enhance the economy of the Russian Federation and achieve the interest of nations worldwide in providing for the security of nuclear weapons materials that are not currently under international safeguards. SEC. 3. LOAN GUARANTEES. (a) Authority To Guarantee Loan.--Subject to the provisions of this section, the Secretary of Energy may, with the approval of the President, guarantee loans made to the Government of the Russian Federation for purposes described in subsection (c)(1). (b) Limitations on Guarantees.--(1) The aggregate amount of loan principal covered by guarantees under this section at any one time may not exceed $1,000,000,000. (2) The guarantee of a loan under this section applies to principal and to interest specified in the loan, except that the guarantee on interest shall not apply to amounts allocable to interest at a rate in excess of 3 percent per year. (c) Loans Eligible for Guarantee.--(1) A loan eligible for guarantee under this section is any loan made by a private lender to the Government of the Russian Federation the proceeds of which are to be utilized by the Government of the Russian Federation for one or more of the following purposes: (A) Retirement of the sovereign debt of the Russian Federation. (B) Support of nuclear nonproliferation programs and activities of the Government of the Russian Federation. (C) Development of the energy infrastructure of the Russian Federation, including peaceful uses of nuclear energy in a manner that complies with the Nuclear Nonproliferation Treaty. (2) A loan is not eligible for guarantee under this section if the proceeds of the loan are to be used for any purpose or activity under the Plutonium Disposition Agreement, including to cover the costs of the manufacture and use of mixed oxide (MOX) fuel in Russia under the Plutonium Disposition Agreement. (d) Loan Terms.--A loan guaranteed under this section shall have the following terms: (1) The loan principal shall be in increments of $20,000,000. (2) The term of the loan with respect to any principal increment of the loan shall be not less than 15 years. (3) Payments of principal and interest on the loan shall be based on an amortization schedule providing that-- (A) interest on a principal increment of the loan will commence on the date of the disbursement of the principal increment of the loan; (B) no payment of principal or interest on a principal increment of the loan will be required for at least 5 years after the date of the disbursement of the principal increment of the loan; (C) once payments of principal and interest commence pursuant to subparagraph (B), such payments will be made on a semi-annual basis; and (D) all interest and principal on each principal increment of the loan will be due and payable not later than the completion of the term of the loan with respect to such principal increment of the loan. (4) The proceeds of the loan shall be disbursed to the Russian Federation or a department or ministry of the Russian Federation. (5) The lender may, upon default of the Government of the Russian Federation on the loan, exercise the option described in subsection (e)(3). (e) Loan Security.--(1) As security for a loan guaranteed under this section, the Government of the Russian Federation shall, for each loan principal increment of $20,000,000, place 1.00 metric tons of weapons-usable plutonium and 1.00 metric tons of weapons-usable highly enriched uranium under International Atomic Energy Agency (IAEA) safeguards at a facility in Russia that is mutually acceptable to Russia and the IAEA. The placement of materials under such safeguards as security for a principal increment of a loan shall be completed before the disbursement of the principal increment of the loan. (2) As security for a loan guaranteed under this section, the Government of the Russian Federation shall certify to the Secretary that any materials placed under International Atomic Energy Agency safeguards pursuant to paragraph (1) shall remain under such safeguards indefinitely, including after the loan is paid off by the Government of the Russian Federation. (3)(A) In the event of a default on a loan guaranteed under this section by the Government of the Russian Federation, the lender may, with the approval of the Secretary, provide for the disposition or utilization of materials placed under safeguards pursuant to paragraph (1) as security for the loan to repay all or part of the loan. (B) The disposition or utilization of materials under this paragraph shall be in accordance with applicable International Atomic Energy Agency safeguards regarding such materials, and such materials may not, during the course of such disposition or utilization, be removed from such safeguards. (4) Materials placed under International Atomic Energy Agency safeguards pursuant to paragraph (1) shall not be treated as part of the 34.00 metric tons of weapons-grade plutonium to be used by the Government of the Russian Federation largely as mixed oxide (MOX) fuel under the Plutonium Disposition Agreement. (f) Treatment of Guarantees Under Plutonium Disposition Agreement.--The guarantee of any loan under this section shall not be treated as a contribution to the Government of the Russian Federation under the Plutonium Disposition Agreement. (g) Prohibition on Collection of Fees.--The Secretary may not impose or collect any fee in connection with the guarantee of a loan under this section. SEC. 4. SUPPORT OF INTERNATIONAL ATOMIC ENERGY AGENCY MATERIALS SAFEGUARDS. Of the amounts authorized to be appropriated or otherwise made available to the Secretary of Energy each fiscal year for Materials Protection Control and Accounting, not more than $15,000,000 shall be available to the Secretary for purposes of covering the expenses of the International Atomic Energy Agency (IAEA) in implementing and maintaining safeguards under section 3(e) on materials providing security for loans guaranteed under section 3. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) Cost of Loan Guarantees.--For the cost of the loans guaranteed under this Act as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a), there is authorized to be appropriated for fiscal years 2002 through 2005, such amounts as may be necessary. (b) Cost of Administration.--There is hereby authorized to be appropriated to the Secretary of Energy for fiscal year 2002, $10,000,000 for purposes of activities under this Act, other than to cover costs under subsection (a) and to cover expenses under section 4. (c) Availability.--Amounts appropriated pursuant to the authorizations of appropriations in subsections (a) and (b) shall remain available until expended. SEC. 6. DEFINITIONS. In this Act: (1) Highly enriched uranium agreement.--The term ``Highly Enriched Uranium Agreement'' means the Agreement Between the United States of America and the Government of the Russian Federation Concerning the Disposition of Highly Enriched Uranium Extracted from Nuclear Weapons, dated February 18, 1993. (2) Nuclear nonproliferation treaty.--The term ``Nuclear Nonproliferation Treaty'' means the Treaty on the Nonproliferation of Nuclear Weapons, as opened for signature July 1, 1968. (3) Plutonium disposition agreement.--The term ``Plutonium Disposition Agreement'' means the Agreement Between the Government of the United States of America and the Government of the Russian Federation Concerning the Management and Disposition of Plutonium Designated As No Longer Required for Defense Purposes and Related Cooperation, signed by the United States on September 1, 2000. SEC. 7. TERMINATION OF AUTHORITY. The authority of the Secretary of Energy to guarantee loans under this Act shall terminate on December 31, 2004. The termination of authority to guarantee loans under this section shall not affect the validity of any guarantee made under this Act before that date.

Russian Fissile Materials Disposition Loan Guarantee Act of 2001 - Authorizes the Secretary of Energy, with the President's approval, to guarantee loans (principal and up to three percent per year on interest) made to the Government of the Russian Federation for: (1) retirement of the sovereign debt of the Russian Federation; and (2) nuclear nonproliferation programs and activities. Sets forth certain guaranteed loan requirements.Mandates allocation of certain funds each fiscal year to cover the expenses of the International Atomic Energy Agency in implementing and maintaining safeguards at a Russian facility on specified metric tons of weapons-usable plutonium and highly enriched uranium.

To authorize the Secretary of Energy to guarantee loans to facilitate nuclear nonproliferation programs and activities of the Government of the Russian Federation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ecstasy Anti-Proliferation Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The illegal importation of 3,4-methylenedioxy methamphetamine, commonly referred to as ``MDMA'' or ``Ecstasy'', has increased in recent years, as evidenced by the fact that Ecstasy seizures by the United States Customs Service have risen from less than 500,000 tablets during fiscal year 1997 to more than 4,000,000 tablets during the first 5 months of fiscal year 2000. (2) Use of Ecstasy can cause long-lasting, and perhaps permanent, damage to the serotonin system of the brain, which is fundamental to the integration of information and emotion, and this damage can cause long-term problems with learning and memory. (3) Due to the popularity and marketability of Ecstasy, there are numerous Internet websites with information on its effects, production, and the locations of use, often referred to as ``raves''. The availability of this information targets the primary users of Ecstasy, who are most often college students, young professionals, and other young people from middle- to high-income families. (4) Greater emphasis needs to be placed on-- (A) penalties associated with the manufacture, distribution, and use of Ecstasy; (B) the education of young people on the negative health effects of Ecstasy, since the reputation of Ecstasy as a ``safe'' drug is it's most dangerous component; (C) the education of State and local law enforcement agencies regarding the growing problem of Ecstasy trafficking across the United States; (D) reducing the number of deaths caused by Ecstasy use and its combined use with other ``club'' drugs and alcohol; and (E) adequate funding for research by the National Institute on Drug Abuse to-- (i) identify those most vulnerable to using Ecstasy and develop science-based prevention approaches tailored to the specific needs of individuals at high risk; (ii) understand how Ecstasy produces its toxic effects and how to reverse neurotoxic damage; (iii) develop treatments, including new medications and behavioral treatment approaches; (iv) better understand the effects that Ecstasy has on the developing children and adolescents; and (v) translate research findings into useful tools and ensure their effective dissemination. SEC. 3. ENHANCED PUNISHMENT OF ECSTASY TRAFFICKERS. (a) Amendment to Federal Sentencing Guidelines.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines regarding any offense relating to the manufacture, importation, or exportation of, or trafficking in-- (1) 3,4-methylenedioxy methamphetamine; (2) 3,4-methylenedioxy amphetamine; (3) 3,4-methylenedioxy-N-ethylamphetamine; or (4) any other controlled substance, as determined by the Sentencing Commission in consultation with the Attorney General, that is marketed as Ecstasy and that has either a chemical structure substantially similar to that of 3,4- methylenedioxy methamphetamine or and effect on the central nervous system substantially similar to or greater than that of 3,4-methylenedioxy methamphetamine; (including an attempt or conspiracy to commit an offense described in paragraph (1), (2), (3), or (4)) in violation of the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. 1901 et seq.). (b) General Requirement.--In carrying out this section, the United States Sentencing Commission shall, with respect to each offense described in subsection (a)-- (1) review and amend the Federal sentencing guidelines to provide for increased penalties such that those penalties are comparable to the base offense levels for offenses involving any methamphetamine mixture; and (2) take any other action the Commission considers to be necessary to carry out this subsection. (c) Additional Requirements.--In carrying out this section, the United States Sentencing Commission shall ensure that the Federal sentencing guidelines for offenders convicted of offenses described in subsection (a) reflect-- (1) the need for aggressive law enforcement action with respect to offenses involving the controlled substances described in subsection (a); and (2) the dangers associated with unlawful activity involving such substances, including-- (A) the rapidly growing incidence of abuse of the controlled substances described in subsection (a) and the threat to public safety that such abuse poses; (B) the recent increase in the illegal importation of the controlled substances described in subsection (a); (C) the young age at which children are beginning to use the controlled substances described in subsection (a); and (D) any other factor that the Sentencing Commission deems appropriate. SEC. 4. ENHANCED PUNISHMENT OF GHB TRAFFICKERS. (a) Amendment to Federal Sentencing Guidelines.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines in accordance with this section with respect to any offense relating to the manufacture, importation, or exportation of, or trafficking in-- (1) gamma-hydroxybutyric acid and its salts; or (2) the List I Chemical gamma-butyrolactone; (including an attempt or conspiracy to commit an offense described in paragraph (1) or (2)) in violation of the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 U.S.C. 1901 et seq.). (b) General Requirements.--In carrying out this section, the United States Sentencing Commission shall with respect to each offense described in subsection (a)-- (1) review and amend the Federal Sentencing guidelines to provide for increased penalties such that those penalties reflect the seriousness of these offenses and the need to deter them; (2) assure that the guidelines provide that offenses involving a significant quantity of Schedule I and II depressants are subject to greater terms of imprisonment than currently provided by the guidelines and that such terms are consistent with applicable statutory maximum penalties; and (3) take any other action the Commission considers to be necessary to carry out this subsection. (c) Additional Requirements.--In carrying out this section, the United States Sentencing Commission shall consider-- (1) the dangers associated with the use of the substances described in subsection (a), and unlawful activity involving such substances; (2) the rapidly growing incidence of abuse of the controlled substances described in subsection (a) and the threat to public safety that such abuse poses, including the dangers posed by overdose; and (3) the recent increase in the illegal manufacture the controlled substances described in subsection (a). SEC. 5. EMERGENCY AUTHORITY TO SENTENCING COMMISSION. The United States Sentencing Commission shall promulgate amendments under this Act as soon as practicable after the date of the enactment of this Act in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (Public Law 100-182), as though the authority under that Act had not expired. SEC. 6. PROHIBITION ON DISTRIBUTION OF INFORMATION RELATING TO THE MANUFACTURE OR ACQUISITION OF CONTROLLED SUBSTANCES. Section 403 of the Controlled Substances Act (21 U.S.C. 843) is amended by adding at the end the following: ``(g) Prohibition on Distribution of Information Relating to Manufacture or Acquisition of Controlled Substances.-- ``(1) Controlled substance defined.--In this subsection, the term `controlled substance' has the meaning given that term in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)). ``(2) Prohibition.--It shall be unlawful for any person-- ``(A) to teach or demonstrate the manufacture of a controlled substance, or to distribute by any means information pertaining to, in whole or in part, the manufacture, acquisition, or use of a controlled substance, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a crime; or ``(B) to teach or demonstrate to any person the manufacture of a controlled substance, or to distribute to any person, by any means, information pertaining to, in whole or in part, the manufacture, acquisition, or use of a controlled substance, knowing or having reason to know that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes an offense. ``(3) Penalty.--Any person who violates this subsection shall be fined under this title, imprisoned not more than 10 years, or both.''. SEC. 7. ANTIDRUG MESSAGES ON FEDERAL GOVERNMENT INTERNET WEBSITES. Not later than 90 days after the date of enactment of this Act, the head of each department, agency, and establishment of the Federal Government shall, in consultation with the Director of the Office of National Drug Control Policy, place antidrug messages on appropriate Internet websites controlled by such department, agency, or establishment which messages shall, where appropriate, contain an electronic hyperlink to the Internet website, if any, of the Office of National Drug Control Policy. SEC. 8. EXPANSION OF ECSTASY AND LIQUID ECSTASY ABUSE PREVENTION EFFORTS. (a) Public Health Service Assistance.--Part A of title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by adding at the end the following: ``SEC. 506. GRANTS FOR ECSTASY ABUSE PREVENTION. ``(a) Authority.--The Administrator may make grants to, and enter into contracts and cooperative agreements with, public and nonprofit private entities to enable such entities-- ``(1) to carry out school-based programs concerning the dangers of abuse of and addiction to 3,4-methylenedioxy methamphetamine or related drugs, using methods that are effective and science-based, including initiatives that give students the responsibility to create their own antidrug abuse education programs for their schools; and ``(2) to carry out community-based abuse and addiction prevention programs relating to 3,4-methylenedioxy methamphetamine or related drugs that are effective and science-based. ``(b) Use of Funds.--Amounts made available under a grant, contract or cooperative agreement under subsection (a) shall be used for planning, establishing, or administering prevention programs relating to 3,4-methylenedioxy methamphetamine or related drugs in accordance with paragraph (3). ``(c)(1) Discretionary Functions.--Amounts provided under this section may be used-- ``(A) to carry out school-based programs that are focused on those districts with high or increasing rates of abuse and addiction to 3,4-methylenedioxy methamphetamine or related drugs and targeted at populations that are most at risk to start abuse of 3,4-methylenedioxy methamphetamine or related drugs; ``(B) to carry out community-based prevention programs that are focused on those populations within the community that are most at-risk for abuse of and addiction to 3,4-methylenedioxy methamphetamine or related drugs; ``(C) to assist local government entities to conduct appropriate prevention activities relating to 3,4- methylenedioxy methamphetamine or related drugs; ``(D) to train and educate State and local law enforcement officials, prevention and education officials, health professionals, members of community antidrug coalitions and parents on the signs of abuse of and addiction to 3,4- methylenedioxy methamphetamine or related drugs, and the options for treatment and prevention; ``(E) for planning, administration, and educational activities related to the prevention of abuse of and addiction to 3,4-methylenedioxy methamphetamine or related drugs; ``(F) for the monitoring and evaluation of prevention activities relating to 3,4-methylenedioxy methamphetamine or related drugs, and reporting and disseminating resulting information to the public; and ``(G) for targeted pilot programs with evaluation components to encourage innovation and experimentation with new methodologies. ``(2) Priority.--The Administrator shall give priority in making grants under this subsection to rural and urban areas that are experiencing a high rate or rapid increases in abuse and addiction to 3,4-methylenedioxy methamphetamine or related drugs. ``(d)(1) Prevention Program Allocation.--Not less than $500,000 of the amount available in each fiscal year to carry out this section shall be made available to the Administrator, acting in consultation with other Federal agencies, to support and conduct periodic analyses and evaluations of effective prevention programs for abuse of and addiction to 3,4-methylenedioxy methamphetamine or related drugs and the development of appropriate strategies for disseminating information about and implementing these programs. ``(2) Report.--The Administrator shall submit an annual report containing the results of the analyses and evaluations conducted under paragraph (1) to-- ``(A) the Committee on Health, Education, Labor, and Pensions, the Committee on the Judiciary, and the Committee on Appropriations of the Senate; and ``(B) the Committee on Commerce, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives. ``(e) Authorization.-- There is authorized to be appropriated to carry out this subsection-- ``(1) $5,000,000 for fiscal year 2001; and ``(2) such sums as may be necessary for each succeeding fiscal year.''. (b) National Youth Antidrug Media Campaign.--In conducting the national media campaign under section 102 of the Drug-Free Media Campaign Act of 1998 (21 U.S.C. 1801), the Director of the Office of National Drug Control Policy shall ensure that such campaign addresses the reduction and prevention of abuse of 3,4-methylenedioxy methamphetamine or related drugs among young people in the United States.

Directs the Commission: (1) with respect to each such offense, to review and amend the Federal sentencing guidelines to provide for increased penalties comparable to the base offense levels for offenses involving any methamphetamine mixture; and (2) to ensure that the Federal sentencing guidelines for offenders convicted of such offenses reflect the need for aggressive law enforcement action regarding offenses involving such controlled substances and the dangers associated with unlawful activity involving such substances. (Sec. 4) Sets forth similar provisions with respect to offenses relating to the manufacture, importation, or exportation of, or trafficking in, gamma-hydroxybutyric acid and its salts (GHB), or the List I chemical gamma- butyrolactone. (Sec. 5) Directs the Commission to promulgate amendments under this Act as soon as practicable after this Act's enactment date in accordance with a procedure set forth in the Sentencing Act of 1987 (emergency guidelines promulgation authority), as though the authority under that Act had not expired. (Sec. 6) Amends the CSA to prohibit any person from teaching, demonstrating, or distributing information pertaining to the manufacture of: (1) a controlled substance with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a crime; or (2) a controlled substance to any person knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes an offense. Sets penalties for violations. (Sec. 7) Requires the head of each Federal department, agency, and establishment (department) to place anti-drug messages on appropriate Internet websites controlled by such department which shall contain an electronic hyperlink to the Internet website of the Office of National Drug Control Policy. (Sec. 8) Amends the Public Health Service Act to authorize the Administrator of the Substance Abuse and Mental Health Services Administration to make grants to, and enter into contracts and cooperative agreements with, public and nonprofit private entities to carry out: (1) school-based programs concerning the dangers of abuse of and addiction to MDMA or related drugs, using methods that are effective and science-based, including initiatives that give students the responsibility to create their own anti-drug abuse education programs for their schools; and (2) community-based abuse and addiction prevention programs relating to MDMA or related drugs that are effective and science-based. Sets forth provisions regarding: (1) permissible uses of grant funds; (2) priorities for grants; (3) a specified annual allocation to support and conduct periodic analyses and evaluations of effective prevention programs for abuse of and addiction to MDMA or related drugs and the development of strategies for disseminating information about and implementing such programs; and (4) reporting requirements. Authorizes appropriations. Requires the Director of the Office of National Drug Control Policy, in conducting the national media campaign under the Drug-Free Media Campaign Act of 1998, to ensure that such campaign addresses the reduction and prevention of abuse of MDMA or related drugs among young people in the United States.

Ecstasy Anti-Proliferation Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Terror Intelligence Improvement Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) On June 12, 2016, the deadliest terrorist attack on our homeland since September 11, 2001, occurred at the Pulse Bar and Club in downtown Orlando, Florida. The Orlando Police Department shortly after the incident reported 49 fatalities and 53 injured. (2) On June 13, 2016, the Washington Post reported that the Federal Bureau of Investigation investigated the Orlando shooter for 10 months beginning in 2013, putting him under surveillance, recording his calls and using confidential informants to gauge whether he had been radicalized after the suspect talked at work about his connections with al-Qaeda and dying as a martyr. (3) On June 13, 2016, the Federal Bureau of Investigation remarked that the suspect had made clear his affinity, at the time of the attack, for the Islamic State of Iraq and the Levant (commonly known as ``ISIL''), and generally, leading up to the attack, for radical Islamist groups. (4) On June 12, 2016, the Bureau of Alcohol, Tobacco, Firearms, and Explosives announced it had completed a trace of the firearms used in the shooting and determined both were purchased legally. SEC. 3. DEFINITIONS. In this Act: (1) Critical infrastructure.--The term ``critical infrastructure'' has the meaning given the term in section 1016(e) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 (42 U.S.C. 5195c(e)). (2) Federal department or agency.--The term ``Federal department or agency'' means-- (A) an Executive department, as defined in section 101 of title 5, United States Code; (B) an independent establishment, as defined in section 104 of title 5, United States Code; (C) a Government corporation, as defined in section 103 of title 5, United States Code; and (D) the United States Postal Service. (3) Firearm.--The term ``firearm'' has the meaning given the term in section 921 of title 18, United States Code. (4) JTTF.--The term ``JTTF'' means the Joint Terrorism Task Forces established by the Federal Bureau of Investigation. (5) Key resources.--The term ``key resources'' has the meaning given the term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101). (6) Terrorism.--The term ``terrorism'' includes international terrorism and domestic terrorism, as defined in section 2331 of title 18, United States Code. SEC. 4. CONSOLIDATION AND NOTIFICATION OF TERRORISM INVESTIGATION INFORMATION. (a) Consolidation of Terrorism Investigation Information.-- (1) In general.--Not later than 90 days after the date of enactment of this Act and on an ongoing basis thereafter, the head of each Federal department or agency shall, to the extent permitted by law, provide to the Director of the Federal Bureau of Investigation any information in the possession, custody, or control of the Federal department or agency relating to any person who is, or has been, under a terrorism investigation. (2) Requirement.--The Director of the Federal Bureau of Investigation shall-- (A) implement appropriate procedures and safeguards with respect to all information provided under paragraph (1); and (B) identify, prioritize, and coordinate the protection of critical infrastructure and key resources in order to prevent, deter, and mitigate the effects of deliberate efforts to destroy, incapacitate, or exploit such infrastructure and resources. (b) Notification of Terrorism Investigation Information to Appropriate Law Enforcement Entities.--The Director of the Federal Bureau of Investigation and the JTTF shall be immediately notified of any request to transfer a firearm or explosive to a person who is, or within the previous 10 years was, the subject of a terrorism investigation by any Federal department or agency. (c) Audit.-- (1) In general.--Not earlier than 6 months after the date of enactment of this Act and not later than 1 year after the date of enactment of this Act, the Inspector General for the Intelligence Community shall initiate an audit of all of the terrorism-related screening and watch list procedures of the Federal Government in order to identify any problems or inefficiencies in the nomination and redress procedures pertaining to the maintenance of terrorism watch list records. (2) Report.--Not later than 2 years after the date of enactment of this Act, the Inspector General of the Intelligence Community shall submit a report to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives on the findings of the audit conducted under paragraph (1), which shall include recommendations, if any, for improving the nomination or redress procedures described in paragraph (1). (3) Form of report.--The report required to be submitted under paragraph (2) shall be submitted in unclassified form, but may include a classified annex. SEC. 5. ATTORNEY GENERAL AUTHORITY TO DELAY FIREARMS TRANSFER TO SUSPECTED TERRORISTS. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Attorney General shall establish a process by which, for any person who is, or within the previous 10 years was, the subject of a terrorism investigation by any Federal department or agency-- (1) the Attorney General may delay the transfer of the firearm or explosive to such person for a period not to exceed 3 business days and file an emergency petition in a court of competent jurisdiction to prevent the transfer of the firearm or explosive, and such emergency petition and subsequent hearing shall receive the highest possible priority on the docket of the court of competent jurisdiction and be subject to the Classified Information Procedures Act (18 U.S.C. App.); (2) such person receives actual notice of the hearing and is provided with an opportunity to participate with counsel and the emergency petition shall be granted if the court finds that there is probable cause to believe that the person is engaged, or has been engaged, in conduct constituting, in preparation of, in aid of, or relating to terrorism, or providing material support or resources therefor; (3) if the emergency petition is denied, the Government shall be responsible for all reasonable costs and attorneys' fees; and (4) the Attorney General may arrest and detain such person for whom an emergency petition has been filed where probable cause exists to believe that the person is engaged, or has been engaged, in conduct constituting, in preparation of, in aid of, or relating to terrorism, or providing material support or resources therefor. (b) Report.--Not later than 60 days after the date of enactment of this Act, and quarterly thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report providing, for the reporting period-- (1) the number of emergency petitions filed under subsection (a); (2) the number of individuals prevented a firearm or explosive transfer under an order granting an emergency petition filed under subsection (a); and (3) the number of instances in which a court denied an emergency petition filed under subsection (a).

Terror Intelligence Improvement Act of 2016 This bill requires each federal department or agency to provide to the Federal Bureau of Investigation (FBI) information about a person who is or has been under a federal terrorism investigation. The FBI and its Joint Terrorism Task Forces must immediately be notified of a request to transfer a firearm or explosive to a person who is, or was within the previous 10 years, under a federal terrorism investigation. The Inspector General of the Intelligence Community must audit the federal government's terrorism-related screening and watch list procedures. The bill directs the Department of Justice to establish a process to delay and prevent the transfer of a firearm or explosive to a person who is, or was within the previous 10 years, under a federal terrorism investigation.

Terror Intelligence Improvement Act of 2016

SECTION 1. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE BENEFIT OF UNITS OF THE NATIONAL PARK SYSTEM. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE BENEFIT OF UNITS OF THE NATIONAL PARK SYSTEM ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--In the case of an individual, with respect to each taxpayer's return for the taxable year of the tax imposed by chapter 1, such taxpayer may designate that-- ``(1) a specified portion (but not less than $1) of any overpayment of tax for such taxable year, and ``(2) any cash contribution which the taxpayer includes with such return, shall be used for the benefit of units of the National Park System. ``(b) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year only at the time of filing the return of the tax imposed by chapter 1 for such taxable year. Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed.'' (b) Clerical Amendment.--The table of parts such subchapter A is amended by adding at the end the following new item: ``Part IX. Designation of overpayments and contributions for the benefit of units of the National Park System.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997. SEC. 2. NATIONAL PARKS TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9512. NATIONAL PARKS TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `National Parks Trust Fund', consisting of such amounts as may be appropriated or credited to the National Parks Trust Fund as provided in this section or section 9602(b). ``(b) Transfer to National Parks Trust Fund of Amounts Designated.--There is hereby appropriated to the National Parks Trust Fund amounts equivalent to the amounts designated under section 6097 and received in the Treasury. ``(c) Expenditures From Trust Fund.-- ``(1) In general.--The Secretary shall pay, not less often than quarterly, to the Director of the National Park Service from the National Parks Trust Fund an amount equal to the amount in such Fund as of the time of such payment less any administrative expenses of the Secretary which may be paid under paragraph (2). Amounts paid under this subsection shall be used only for design, construction, rehabilitation, and repair of high priority facilities that directly enhance the experience of park visitors, including natural, cultural, and historical resource protection projects, within the units of the National Park System and may not be used for land acquisition. ``(2) Administrative expenses.--Amounts in the National Parks Trust Fund shall be available to pay the administrative expenses of the Department of the Treasury directly allocable to-- ``(A) modifying the individual income tax return forms to carry out section 6097, ``(B) carrying out this chapter with respect to such Fund, and ``(C) processing amounts received under section 6097 and transferring such amounts to such Fund. ``(d) Study.--Not later than 2 years following the date of enactment of this section, the Secretary shall transmit to Congress a study of the effects of the program established under the National Parks Trust Fund. The study shall include information on the amount of money paid into such Fund, the projects that were undertaken with funds from such Fund, and any other information that the Secretary deems useful in evaluating the program's effectiveness.'' (b) Clerical Amendment.--The table of sections for such subchapter A is amended by adding at the end the following new item: ``Sec. 9512. National Parks Trust Fund.''

Amends the Internal Revenue Code to allow an individual to designate a specified portion (but not less than $1) of any income tax overpayment and any cash contributions to be used for the benefit of units of the National Park System. Establishes a National Parks Trust Fund into which appropriated or credited amounts are received. Authorizes the Secretary of the Treasury to pay, not less often than quarterly, specified expenditures from the Trust Fund to the Director of the National Park Service. Requires that expenditures from such Fund be used only for design, construction, rehabilitation, and repair of high priority facilities that directly enhance the experience of park visitors within the units of the National Park System. Prohibits the use of such expenditures for the purposes of land acquisition. Requires a study concerning the effects of this Act.

A bill to amend the Internal Revenue Code of 1986 to allow individuals to designate any portion of their income tax overpayments, and to make other contributions, for the benefit of units of the National Park System.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bank Efficiency Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to facilitate the efficient operation of banks that are subsidiaries of multistate bank holding companies; (2) to enhance the interstate delivery of banking services to both consumers and businesses; and (3) to strengthen generally the operation of the banking system. SEC. 3. AMENDMENTS TO THE BANK HOLDING COMPANY ACT. (a) Definitions.--Section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841) is amended by adding at the end the following new subsection: ``(n) Appropriate Federal Banking Agency.--For purposes of this Act, the term `appropriate Federal banking agency' shall have the same meaning as such term is given in section 3(q) of the Federal Deposit Insurance Act.''. (b) Interstate Banking.--Section 3(d) of the Bank Holding Company Act of 1956 (12 U.S.C. 1842(d)) is amended-- (1) by striking ``(d)'' and inserting the following: ``(d) Limitation by State Boundaries.-- ``(1) In general.--''; and (2) by adding at the end the following new paragraph: ``(2) Interstate combination.-- ``(A) A bank holding company having subsidiary banks located in more than one State may combine two or more of such banks into a single bank by means of merger, consolidation, or other transaction. ``(B) Nothing in this paragraph shall be deemed to authorize-- ``(i) a national bank to operate branches at locations in a State unless a national bank having offices only in such State could operate branches at such locations; ``(ii) a State-chartered bank to operate branches at locations in a State unless a State-chartered bank having branches only in such State could operate branches at such locations; or ``(iii) a State-chartered bank to operate branches at locations outside its chartering State in contravention of such chartering State's laws. ``(C) This paragraph does not affect any other requirement for regulatory approval or any other procedures that are applicable under Federal or State law to a combination authorized by subparagraph (A). ``(D) A bank resulting from a combination authorized by subparagraph (A) may retain and operate all existing main offices and branches in each bank involved in such combination and in existence at the time of such combination. ``(E) A national bank resulting from a combination authorized under subparagraph (A) may establish additional branches in any State in which it has branches to the same extent and same manner that a national bank having branches only in such State, may establish branches in such State. ``(F) A national bank resulting from a combination authorized by subparagraph (A) shall be entitled to exercise at each of its branches, all powers and privileges conferred by Federal law. To the extent that Federal law references State law, the applicable State law for each branch shall be the law of the State in which the branch is located, except that for purposes of section 5197 of the Revised Statutes, the appropriate State law shall be the law of the State in which the main office named in the bank's organization certificate is located. ``(G) A State-chartered bank resulting from a combination authorized under subparagraph (A) may, subject to the approval of the appropriate State regulatory authority, establish additional branches in any State in which it has branches, to the extent and in the same manner as a State bank chartered in such State and having branches only in such State. For purposes of this subparagraph, the appropriate State regulatory authority is solely the State bank supervisor for the State in which the branch is proposed to be established. ``(H) A State-chartered bank resulting from a combination authorized by subparagraph (A) shall be entitled to exercise at each of its branches, all powers and privileges conferred by the law of its chartering State and Federal law. However, a branch of such bank located in a State other than the chartering State of the bank, may not exercise any power or privilege that is not permitted under the laws of the State in which the branch is located, for a branch located within such State of a bank chartered by such State. The State bank supervisor of the State in which the bank is chartered shall have authority to determine whether an activity of a branch is permissible as a matter of State law. If a branch is located in a State other than the chartering State, the State bank regulator for the State in which the branch is located may independently determine whether an activity of the branch is permissible under the law of such State. ``(I) A State-chartered bank resulting from a combination authorized by subparagraph (A) shall be subject to State supervision only by the State bank supervisor for the State in which the bank is chartered. The State bank supervisor for the State in which a branch is located may enter into a cooperative agreement with the supervisor for the chartering State to facilitate supervision of the bank and its branches. Nothing in this subparagraph shall affect the jurisdiction or authority of the appropriate Federal banking agency to supervise or examine a State chartered bank and all of its branches. ``(J) A bank may not participate in a combination otherwise authorized by subparagraph (A) if, as of the date of the filing with the appropriate Federal banking agency of an application for approval of such combination, the State in which such bank is located has a statute, enacted within 2 years following the effective date of this paragraph, that provides by express language and not merely by implication that no bank located in such State may combine with any other bank pursuant to the authority conferred by subparagraph (A). ``(K) If a bank resulting from a combination authorized by subparagraph (A) ceases to be a subsidiary of a bank holding company, it shall, within 2 years after the date on which it is no longer a subsidiary of a bank holding company, no longer be entitled to the benefits of this paragraph, and shall comply with all provisions of Federal or State law restricting the geographic location of its branches. The appropriate Federal banking agency may, upon application by a bank, extend the 2-year period described in this subparagraph, for not more than one year at a time, if such extension would not be detrimental to the public interest. No such extensions shall, in the aggregate, exceed 3 years. ``(L) If a bank that is combined with another bank pursuant to subparagraph (A) is subject to conditions imposed by State law pursuant to paragraph (1), the resulting bank shall comply with such conditions to the same extent that the bank originally subject to such conditions was obligated to do so. ``(M) For purposes of this paragraph-- ``(i) a national bank is located in the State named in its organization certificate, and a State-chartered bank is located in the State in which it is chartered; and ``(ii) when a bank seeks pursuant to this paragraph to operate branches in a State other than the State in which the bank is located, the first location in such other State at which the bank seeks to operate a branch shall be considered to be the main office of the bank located in such other State.''. SEC. 4. NATIONAL BANK ACT AMENDMENTS. (a) Conversions to National Banks.--Section 5154 of the Revised Statutes (12 U.S.C. 35) is amended in the first sentence by inserting before the period ``unless said conversion is undertaken in connection with a combination authorized by section 3(d)(2) of the Bank Holding Company Act of 1956''. (b) Director Qualifications.--Section 5146 of the Revised Statutes (12 U.S.C. 72) is amended in the first sentence by striking ``and at least two-thirds'' and all that follows through ``continuance in office,''. SEC. 5. EMERGENCY ACQUISITION AUTHORITY. Notwithstanding any other provision of this Act-- (1) the amendments made by this Act shall not be construed to limit or otherwise impair the authority of the Federal Deposit Insurance Corporation to authorize extraordinary or emergency acquisitions under section 11(n)(8)(B) or subsections (f) or (k) of section 13 of the Federal Deposit Insurance Act; and (2) no bank holding company that has acquired a bank in accordance with section 11(n)(8)(B) or section 13(f) of the Federal Deposit Insurance Act shall, by reason of the combination of such bank with any other bank in accordance with section 3(d)(2) of the Bank Holding Company Act of 1956, as amended by this Act, lose or otherwise be deprived of any rights or privileges provided to the bank holding company under Federal law by virtue of the acquisition, including rights or privileges provided under section 13(f) of the Federal Deposit Insurance Act.

Bank Efficiency Act - Amends the Bank Holding Company Act of 1956 to permit a bank holding company having subsidiary banks located in more than one State to combine its banks into a single bank by means of merger, consolidation, or other transaction. Prescribes operating guidelines for such bank combinations. Amends the National Bank Act to conform the qualifications of bank directors with the provisions of this Act.

Bank Efficiency Act

SEC. 1. SHORT TITLE. This Act may be cited as the ``Youth Substance Abuse Prevention and Treatment Act''. SEC. 2. GRANT PROGRAMS. Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by adding at the end the following: ``PART G--COMPETITIVE GRANT PROGRAMS FOR YOUTH SUBSTANCE ABUSE PREVENTION AND TREATMENT ``SEC. 581. GRANTS TO CONSORTIA. ``(a) In General.--The Secretary shall award grants on a competitive basis to eligible consortia to enable such consortia to establish the programs described in subsection (c). ``(b) Priority.--In awarding grants under subsection (a), the Secretary shall give priority to applications from eligible consortia that provide services in rural areas or for Native Americans. ``(c) Use of Funds.--An eligible consortium receiving amounts under subsection (a) shall use such amounts to establish school-based substance abuse prevention and student assistance programs for youth, including after school programs, to provide services that address youth substance abuse, including services that-- ``(1) identify youth at risk for substance abuse; ``(2) refer any youth at risk for substance abuse for substance abuse treatment; ``(3) provide effective primary prevention programing; ``(4) target underserved areas, such as rural areas; and ``(5) target populations, such as Native Americans, that are underserved. ``(d) Application.--An eligible consortium that desires a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(e) Report.--Not later than 1 year after the date of enactment of this section and annually thereafter, an eligible consortium receiving a grant under subsection (a) shall submit to the Secretary a report describing the programs carried out pursuant to this section. ``(f) Definitions.--In this section: ``(1) Eligible consortium.--The term `eligible consortium' means an entity composed of a local educational agency and community-based substance abuse prevention providers and student assistance providers in which the agency and providers maintain equal responsibility in providing the services described in subsection (c). ``(2) Local educational agency.--The term `local educational agency' has the meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $15,000,000 for each of fiscal years 2000 through 2004. ``SEC. 582. GRANTS TO TREATMENT FACILITIES. ``(a) In General.--The Secretary shall award grants on a competitive basis to inpatient and outpatient treatment facilities that provide the substance abuse treatment services described in subsection (d). ``(b) Eligible Applicant.--To be eligible to receive a grant under subsection (a), a treatment facility must provide or propose to provide alcohol or drug treatment services for individuals under the age of 22 years. ``(c) Priority.--In awarding grants under subsection (a), the Secretary shall give priority to applications from treatment facilities that provide treatment services in rural areas, for Native Americans, or for underserved populations. ``(d) Use of Funds.--A treatment facility receiving amounts under subsection (a) shall use such amounts to provide substance abuse treatment services for youth, including community-based aftercare services that provide treatment for the period of time following an individual's discharge from a drug treatment center. ``(e) Application.--A treatment facility that desires a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(f) Report.--Not later than 1 year after the date of enactment of this section and annually thereafter, a treatment facility receiving a grant under subsection (a) shall submit to the Secretary a report describing the services provided pursuant to this section. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $15,000,000 for each of the fiscal years 2000 through 2004. ``SEC. 583. GRANTS TO SUBSTANCE ABUSE PREVENTION AND TREATMENT PROVIDERS. ``(a) In General.--The Secretary shall award grants on a competitive basis to State and local substance abuse prevention and treatment providers to enable such providers to offer training to provide prevention and treatment services for youth. ``(b) Priority.--In awarding grants under subsection (a), the Secretary shall give priority to applications from areas in which-- ``(1) there is a demonstrated high rate of substance abuse by youth; and ``(2) the population is identified as underserved or the prevention and treatment providers in the area use distance learning. ``(c) Application.--A treatment provider that desires a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Report.--Not later than 1 year after the date of enactment of this section and annually thereafter, a treatment provider receiving a grant under subsection (a) shall submit to the Secretary a report describing the services provided pursuant to this section. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $2,000,000 for each of the fiscal years 2000 through 2004.

Youth Substance Abuse Prevention and Treatment Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants on a competitive basis to eligible consortia to enable such consortia to establish school-based substance abuse prevention and student assistance programs for youth to provide services that address youth substance abuse. Mandates that priority be given to grant applications from eligible consortia that provide services in rural areas or for Native Americans. Authorizes appropriations. Directs the Secretary to award grants on a competitive basis to inpatient and outpatient treatment facilities to provide substance abuse treatment services for individuals under age 22. Mandates that priority be given to applications from treatment facilities that provide treatment services in rural areas, for Native Americans, or for underserved populations. Authorizes appropriations. Directs the Secretary to award grants on a competitive basis to State and local substance abuse prevention and treatment providers to enable such providers to offer training to provide prevention and treatment services for youth. Mandates that priority be given to applications from areas in which: (1) there is a demonstrated high rate of youth substance abuse; and (2) the population is underserved or the prevention and treatment providers in the area use distance learning. Authorizes appropriations.

Youth Substance Abuse Prevention and Treatment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coordinated Environmental Public Health Network Act of 2009''. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXXI--COORDINATED ENVIRONMENTAL PUBLIC HEALTH NETWORK ``SEC. 3100. DEFINITIONS. ``In this title: ``(1) Administrator.--The term `Administrator' means the Administrator of the Environmental Protection Agency. ``(2) Coordinated network.--The term `Coordinated Network' means the Coordinated Environmental Public Health Network established under section 3101(a). ``(3) Director.--The term `Director' means the Director of the Centers for Disease Control and Prevention. ``(4) Director of the center.--The term `Director of the Center' means the Director of the National Center for Environmental Health at the Centers for Disease Control and Prevention. ``(5) Medical privacy regulations.--The term `medical privacy regulations' means the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(6) Priority chronic conditions and health effects.--The term `priority chronic conditions and health effects' means the conditions, as specified by the Secretary, to be tracked in the Coordinated Network and the State Networks. ``(7) State network.--The term `State Network' means a State Environmental Public Health Network established under section 3101(b). ``(8) State.--The term `State' means a State, local government, territory, or Indian tribe that is eligible to receive a health tracking grant under section 3101(b). ``SEC. 3101. ESTABLISHMENT OF COORDINATED AND STATE ENVIRONMENTAL PUBLIC HEALTH NETWORKS. ``(a) Coordinated Environmental Public Health Network.-- ``(1) Establishment.--Not later than 36 months after the date of the enactment of this title, the Secretary, acting through the Director, in consultation with the Administrator and the Director of the Center, and with the involvement of other Federal agencies, and State and local health departments, shall establish and operate a Coordinated Environmental Public Health Network. In establishing and operating the Coordinated Network, the Secretary shall, as practicable-- ``(A) identify, build upon, expand, and coordinate among existing data and surveillance systems, surveys, registries, and other Federal public health and environmental infrastructure as practicable, including-- ``(i) the Public Health Information Network; ``(ii) State birth defects surveillance systems as supported under section 317C; ``(iii) State cancer registries as supported under part M of title III; ``(iv) State asthma surveillance systems as supported under section 317I; ``(v) the National Health and Nutrition Examination Survey; ``(vi) the Behavioral Risk Factor Surveillance System; ``(vii) the Hazardous Substance Release/ Health Effects Database; ``(viii) the Hazardous Substances Emergency Events Surveillance System; and ``(ix) the State vital statistics systems as supported under section 306; ``(B) provide for public access to an electronic national database that accepts data from the State Networks on the incidence and prevalence of priority chronic conditions and health effects and relevant environmental and other factors, in a manner which protects personal privacy consistent with the medical privacy regulations; ``(C) in order to allow the public to access and understand information about environmental health at the Federal, State, and, where practicable, local level, prepare, publish, make publicly available on the Web sites of the Centers for Disease Control and Prevention and the Environmental Protection Agency, and submit to Congress not later than 2 years after the date of the enactment of this title, and biennially thereafter, a Coordinated Network Health and Environment Report, including-- ``(i) identification of gaps in the data of the Network, including diseases of concern and environmental exposures not tracked; ``(ii) identification of activities carried out under this title and key milestones achieved during the preceding year; and ``(iii) an analysis of the most currently available incidence, prevalence, and trends of priority chronic conditions and health effects, and potentially relevant environmental and other factors, by State and, as practicable by local areas, and recommendations regarding high risk populations, public health concerns, response and prevention strategies, and additional tracking needs; ``(D) provide for the establishment of State Networks, and coordinate the State Networks as provided for under subsection (b); ``(E) provide technical assistance to support the State Networks; ``(F) not later than 12 months after the date of the enactment of this title, develop minimum standards and procedures for data collection and reporting for the State Networks, to be updated not less than annually thereafter; and ``(G) in developing the minimum standards and procedures under subparagraph (F), include mechanisms for allowing the States to set priorities, and allocate resources accordingly. ``(2) Data collection and reporting by state networks.--The minimum standards and procedures referred to in paragraph (1)(F) shall include-- ``(A) a list and definitions of the priority chronic conditions and health effects to be tracked through the State Networks; ``(B) a list and definitions of relevant environmental exposures of concern to be tracked, to the extent practicable, through the State Networks, including-- ``(i) hazardous air pollutants (as defined in section 302(g) of the Clean Air Act); ``(ii) air pollutants for which national primary ambient air quality standards have been promulgated under section 109 of the Clean Air Act; ``(iii) pollutants or contaminants (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980); ``(iv) toxic chemicals (as described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986); ``(v) substances reported under the Toxic Substances Control Act Inventory Update Rule as provided for in part 710 of title 40, Code of Federal Regulations, or successor regulations; ``(vi) pesticides (as defined in section 2(u) of the Federal Insecticide, Fungicide, and Rodenticide Act); and ``(vii) such other potentially relevant environmental factors as the Secretary may specify; ``(C) a list and definitions of potentially relevant behavioral, socioeconomic, and demographic factors known to be associated with these priority chronic conditions and health effects and other risk factors, such as race, ethnic status, gender, age, occupation, and primary language, to be tracked through the State Networks; ``(D) procedures for the complete and timely collection and reporting of data to the Coordinated Network by local areas, such as a census tract or other political subdivision determined appropriate by the Secretary, in consultation with the Administrator, regarding the factors described in subparagraphs (A), (B), and (C); ``(E) procedures for making data available to the public and researchers, and for reporting to the Coordinated Network, while protecting the confidentiality of all personal data reported, in accordance with medical privacy regulations; and ``(F) standards and procedures for the establishment, operation, and maintenance of laboratories conducting biomonitoring, in order to expand the scope and amount of biomonitoring data collected by the Centers for Disease Control and Prevention as described in section 3104. ``(b) State Environmental Public Health Networks.-- ``(1) Grants.--Not later than 12 months after the date of the enactment of this title, the Secretary, acting through the Director, in consultation with the Administrator and the Director of the Center shall award grants to States for the establishment, maintenance, and operation of State Networks in accordance with the minimum standards and procedures established by the Secretary under subsection (a)(1)(F). ``(2) Specialized assistance.--The Coordinated Network shall provide specialized assistance to grantees in the establishment, maintenance, and operation of State Networks. ``(3) Requirements.--A State receiving a grant under this subsection shall use the grant-- ``(A) to establish an environmental public health network that will provide-- ``(i) for the tracking of the incidence, prevalence, and trends of priority chronic conditions and health effects, as well as any additional priority chronic conditions and health effects and potentially related environmental exposures of concern to that State; ``(ii) for identification of priority chronic conditions and health effects and potentially relevant environmental and other factors that disproportionately impact low income and minority communities; ``(iii) for the protection of the confidentiality of all personal data reported, in accordance with the medical privacy regulations; ``(iv) a means by which confidential data may, in accordance with Federal and State law, be disclosed to researchers for the purposes of public health research; ``(v) the fullest possible public access to data collected by the State Network or through the Coordinated Network, while ensuring that individual privacy is protected in accordance with subsection (a)(1)(B); and ``(vi) for the collection of exposure data through biomonitoring and other methods, which may include the entering into of cooperative agreements as described in section 3104; ``(B) to develop a publicly available plan for establishing the State Network in order to meet minimum standards and procedures as developed by the Secretary under subsection (a)(1)(F); ``(C) to appoint a lead public health department or agency that will be responsible for the development, operation, and maintenance of the State Network, and ensure the appropriate coordination among State and local agencies, including environmental agencies, regarding the development, operation, and maintenance of the State Network; and ``(D) to recruit and train public health officials to continue to expand the State Network. ``(4) Limitation.--A State that receives a grant under this section may not use more than 10 percent of the funds made available through the grant for administrative costs. ``(5) Application.--To seek a grant under this section, a State shall submit to the Secretary an application at such time, in such form and manner, and accompanied by such information as the Secretary may specify. ``(c) Pilot Projects.-- ``(1) In general.--A State may apply for a grant under this subsection to implement a pilot project that is approved by the Secretary, acting through the Director and in consultation with the Administrator, and the Director of the Center. ``(2) Activities.--A State shall use amounts received under a grant under this subsection to carry out a pilot project designed to develop State Network enhancements and to develop programs to address specific local and regional concerns. ``(3) Results.--The Secretary may consider the results of the pilot projects under this subsection for inclusion into the Coordinated Network. ``(d) Privacy.--In establishing and operating the Coordinated Network under subsection (a), and in making grants under subsections (b) and (c), the Secretary shall ensure the protection of privacy of individually identifiable health information, including ensuring protection consistent with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(e) 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 2010 through 2014. ``SEC. 3102. INCREASING PUBLIC HEALTH PERSONNEL CAPACITY. ``(a) In General.--Beginning in fiscal year 2010, the Secretary, acting through the Director, shall enter into a cooperative agreement with the Council of State and Territorial Epidemiologists to train and place, in State and local health departments, applied epidemiology fellows to enhance State and local public health capacity in the areas of environmental health, chronic and other noninfectious diseases and conditions, and public health surveillance. ``(b) 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 2010 through 2014. ``SEC. 3103. GENERAL PROVISIONS. ``(a) Integration of Environmental Health Tracking Programs.--The Secretary shall integrate the enactment of this title with all environmental health tracking programs funded prior to the date of the enactment of this title, including by integrating the programs, in existence on the date of the enactment of this title, to develop State Network enhancements and to develop programs to address specific local and regional concerns. ``(b) Coordination With Agency for Toxic Substances and Disease Registry.--In carrying out this title, the Secretary, acting through the Director, shall coordinate activities and responses with the Agency for Toxic Substances and Disease Registry. ``SEC. 3104. EXPANSION OF BIOMONITORING CAPABILITIES AND DATA COLLECTION. ``(a) Purpose.--It is the purpose of this section to expand the scope and amount of biomonitoring data collected and analyzed by the Centers for Disease Control and Prevention, State laboratories, and consortia of State laboratories, in order to obtain robust information, including information by geographically defined areas and subpopulations, about a range of environmental exposures. ``(b) In General.--In meeting the purpose of this section, the Secretary shall ensure that biomonitoring data are collected intramurally through appropriate sources, including the National Health and Nutrition Examination Survey, and extramurally shall enter into collaboration or partnerships with other entities to obtain additional information regarding vulnerable subpopulations or other subpopulations. ``(c) Cooperative Agreements.-- ``(1) In general.--The Secretary, acting through the Director, shall enter into cooperative agreements with States or consortia of States to support the purposes of this title. ``(2) Applications.--Applications for such cooperative agreements by consortia of States shall address the manner in which such States will coordinate activities with other States in the region, and shall designate a lead State for administrative purposes. ``(3) Training and quality assurance.--The Secretary, acting through the Director, shall through the cooperative agreements with States or a consortia of States provide laboratory training and quality assurance. ``(d) Privacy.--In carrying out this section, the Secretary shall ensure the protection of privacy of individually identifiable health information, including ensuring protection consistent with the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(e) 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 2010 through 2014.''.

Coordinated Environmental Public Health Network Act of 2009 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) establish and operate a Coordinated Environmental Public Health Network to provide for public access to an electronic national database on the incidence and prevalence of priority chronic conditions and health effects and relevant environmental and other factors; (2) award grants to states for the establishment, maintenance, and operation of state networks; (3) enter into a cooperative agreement with the Council of State and Territorial Epidemiologists to train and place applied epidemiology fellows in state and local health departments to enhance public health capacity in the areas of environmental health, chronic and other noninfectious diseases and conditions, and public health surveillance; and (4) enter into cooperative agreements with states or consortia of states to expand the scope and amount of biomonitoring data collected and analyzed by the CDC, state laboratories, and consortia of state laboratories in order to obtain robust information about a range of environmental exposures. Requires the Secretary to integrate the enactment of this Act with all funded environmental health tracking programs.

To amend the Public Health Service Act to establish a Coordinated Environmental Public Health Network.

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Welcome Home G.I. Bill Act of 2005''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title. TITLE I--IMPROVEMENTS IN EDUCATION AND HOUSING BENEFITS Sec. 101. Montgomery G.I. Bill improvements. Sec. 102. Improved education benefits for reserve component members supporting contingency operations and certain other operations. Sec. 103. Increase in Home Purchase Benefits. TITLE II--IMPROVEMENTS IN HEALTH BENEFITS Sec. 201. Extension of transitional health care for certain uninsured veterans. Sec. 202. Clarification of predeployment and postdeployment medical exams. TITLE I--IMPROVEMENTS IN EDUCATION AND HOUSING BENEFITS SEC. 101. MONTGOMERY G.I. BILL IMPROVEMENTS. (a) Increase in Benefits and Extension of Duration of Educational Assistance.--Section 3015 of title 38, United States Code, is amended-- (1) in subsections (a)(1)(D) and (b)(1)(D), by striking ``under subsection (h)'' and inserting ``under subsection (i)''; (2) by redesignating subsection (h) as subsection (i); and (3) by inserting after subsection (g) the following new subsection (h): ``(h)(1) The amount of basic educational allowance payable under this chapter to an individual referred to in paragraph (2) is the amount equal to 150 percent of the amount determined under subsection (a) or (b), as the case may be, with respect to the individual. ``(2)(A) Paragraph (1) applies to an individual entitled to an educational assistance allowance under section 3011 or 3012 of this title who, during the period described in paragraph (5), serves on active duty outside the United States or its territories or possessions as part of a contingency operation (including a humanitarian operation, peacekeeping operation, or similar operation) or combat operation for a period of at least 6 consecutive months. ``(B) The requirement of 6 consecutive months of service under paragraph (1) is not applicable to an individual who is discharged or released from active duty in the Armed Forces after a period of consecutive months of service on active duty totaling less than 6 consecutive months-- ``(i) for a service-connected disability; ``(ii) for a medical condition which preexisted such service on active duty and which the Secretary determines is not service-connected; ``(iii) for hardship; ``(iv) in the case of an individual discharged or released after 5 consecutive months of service on active duty, for the convenience of the Government; ``(v) involuntarily for the convenience of the Government as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy; or ``(vi) for a physical or mental condition that was not characterized as a disability, as described in section 3011(a)(1)(A)(ii)(I) of this title. ``(3) The Secretary of Defense shall refund to each individual referred to in paragraph (2) all amounts reduced from the basic pay of, or collected by the Secretary from, the individual under section 3011(b) or 3012(c) of this title, as the case may be. ``(4)(A) Upon completion of an approved course of education, an individual referred to paragraph (2) may apply amounts of increased basic educational assistance otherwise available to the individual under this section to repay some or all of the principal or interest on any Federal student loan of the individual. ``(B) In no event shall payment of basic educational assistance under this paragraph exceed the amount of the individual's available entitlement under this chapter. ``(C) In this paragraph, the term `Federal student loan' means any loan made under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). ``(5) The period referred to in paragraph (2)(A) is the period which begins on September 11, 2001, and ends on the date that is five years after the date of the enactment of the Welcome Home G.I. Bill Act of 2005.''. (b) Duration of Payments.--Section 3013 of such title is amended by adding at the end the following new subsection: ``(g) In the case of an individual referred to in section 3015(h)(2) of this title, the preceding provisions of this section shall be applied by substituting `48 months' for `36 months' each place it appears.''. (c) Conforming Amendments.--(1) Section 3014(b)(2)(B) of such title is amended by inserting ``(or 48 in the case of an individual referred to in section 3015(h)(2) of this title)'' after ``36''. (2) Section 3017(b)(2) of such title is amended-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(C) the amount of any refund under section 3015(h)(3) of this title.''. (3) Section 3695(a) of such title is amended by inserting ``, or 60 months in the case of an individual referred to in section 3015(h)(2) of this title'' after ``48 months''. SEC. 102. IMPROVED EDUCATION BENEFITS FOR RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS. (a) Increase in Rate of Educational Assistance.--Subsection (c) of section 16162 of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(5) Notwithstanding paragraphs (2), (3), and (4), the educational assistance allowance provided under this chapter for a member of the reserve component called or ordered to active service in response to a war or national emergency declared by the President or the Congress who performs active duty service for 180 consecutive days before the date which is the last day of the five-year period that begins on the date of the enactment of the Welcome Home G.I. Bill Act of 2005 is the greater of (A) the monthly rate of $1562.50, or (B) the monthly rate otherwise applicable under this chapter.''. (b) Extension of Duration of Educational Assistance.--Subsection (d)(1) of such section is amended by inserting ``, or 48 in the case of educational assistance allowance paid under subsection (c)(5)'' after ``under this chapter is 36''. (c) Use of Entitlement for Payment of Federal Student Loans.--Such section is further amended by adding at the end the following new subsection: ``(e) Use of Entitlement for Payment of Federal Student Loans.--(1) Upon completion of a program of education authorized under subsection (b), a member of the reserve components entitled to educational assistance under this chapter may apply amounts of educational assistance otherwise available to the member under this chapter to repay some or all of the principal or interest on any Federal student loan of the member. ``(2) In no event shall payment of educational assistance under this subsection exceed the amount of the member's available entitlement under this chapter. ``(3) In this subsection, the term `Federal student loan' means any loan made under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).''. SEC. 103. INCREASE IN HOME PURCHASE BENEFITS. (a) Payment to Certain Veterans for Downpayment Toward Home Purchase.--(1) Chapter 37 of title 38, United States Code, is amended by inserting after section 3708 the following new section: ``Sec. 3709. Provision of downpayment toward home purchase for veterans performing eligible service ``(a) Payment for Downpayment on Home Purchase.--Subject to subsections (b) and (c), in the case of a veteran who performs eligible service, the Secretary of Defense shall provide for a payment of $5,000 on behalf of the veteran to be used as a downpayment toward the purchase or construction of a residential dwelling to be owned and occupied by the veteran. ``(b) Time Limitation for Use.--The period during which the Secretary of Defense may provide for a payment under subsection (a) to a veteran who performs eligible service expires on the date that is five years after the date on which such eligible service is completed. ``(c) Use in Conjunction With First-Time Home Purchase Under This Chapter.--The Secretary of Defense may only provide a payment to a veteran under subsection (a) if the veteran demonstrates to the Secretary of Veterans Affairs that the veteran has not previously obtained a loan guaranteed, insured, or made under this chapter, as the case may be. ``(d) Eligible Service.--In this subsection, the term `eligible service' means active duty service performed after September 11, 2001, outside the United States or its territories or possessions as part of a contingency operation (including a humanitarian operation, peacekeeping operation, or similar operation) or combat operation for a period of at least 6 consecutive months (or for a lesser period of time in the case of such an individual who is discharged or released from active duty for a service-connected disability).''. (2) The table of sections at the beginning of chapter 37 of such title is amended by inserting after the item relating to section 3708 the following new item: ``3709. Provision of downpayment toward home purchase for veterans performing eligible service''. (b) Benefit Excluded From Gross Income.-- (1) In general.--Subsection (b) of section 134 of the Internal Revenue Code of 1986 (relating to qualified military benefit) is amended by adding at the end the following new paragraph: ``(6) Veterans housing benefits.-- ``(A) In general.--The term `qualified military benefit' includes payments made under section 3709 of title 38, United States Code (relating to provision of downpayment toward home purchase for veterans performing eligible service), as in effect on the date of the enactment of this paragraph. ``(B) Denial of double benefit.--Notwithstanding any other provision of this subtitle, no increase in the basis or adjusted basis of any property shall result from any amount excluded under this section by reason of subparagraph (A).''. (2) Effective date.--The amendment made by this subsection shall apply to payments made after the date of the enactment of this Act, in taxable years ending after such date. TITLE II--IMPROVEMENTS IN HEALTH BENEFITS SEC. 201. EXTENSION OF TRANSITIONAL HEALTH CARE FOR CERTAIN UNINSURED VETERANS. Section 1145 of title 10, United States Code, is amended-- (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and (2) by inserting after subsection (b) the following new subsection (c): ``(c) Special Rule for Certain Uninsured Veterans.--(1) Transitional health care shall be available under subsection (a) for any period during the five-year period beginning on the date on which an eligible veteran is separated from active duty during which the eligible veteran demonstrates to the Secretary of Defense that the eligible veteran is not covered under any group health plan provided by an employer or spouse's employer. ``(2) In this subsection, the term `eligible veteran' means a person-- ``(A) who served in the active military, naval, or air service (as defined in section 101 of title 38); ``(B) who, after September 11, 2001, is deployed outside the United States or its territories or possessions as part of a contingency operation (including a humanitarian operation, peacekeeping operation, or similar operation) or combat operation for a period of at least 6 consecutive months (or for a lesser period of time in the case of such an individual who is discharged or released from active duty for a service- connected disability); and ``(C) who was discharged or released from such service under conditions other than dishonorable.''. SEC. 202. CLARIFICATION OF PREDEPLOYMENT AND POSTDEPLOYMENT MEDICAL EXAMS. Subsection (b) of section 1074f of title 10, United States Code, is amended to read as follows: ``(b) Elements of System.--(1) The system described in subsection (a) shall include the use of predeployment medical examinations and postdeployment medical examinations, in accordance with this subsection, to accurately record the medical condition of members before their deployment and any changes in their medical condition during the course of their deployment. ``(2) A predeployment medical examination shall consist of a self- administered survey followed by a clinical examination conducted by medical personnel of the Department of Defense. The survey and clinical examination shall include-- ``(A) the collection of clinical data (such as vital signs and the drawing of blood samples); ``(B) the collection of information (including information on immunizations) on current and past physical or mental health conditions that might affect the ability of the member to perform duties; ``(C) an assessment of mental health; ``(D) screening for diseases that are prevalent in members of the armed forces; and ``(E) referral to appropriate medical care for any conditions needing further treatment. ``(3) A postdeployment medical examination shall consist of a self- administered survey followed by a clinical examination conducted by medical personnel of the Department of Defense. The survey and clinical examination-- ``(A) shall include self-reported information about any relevant exposures during the period of deployment, including witnessing or participating in combat and screening for post- traumatic stress disorder; and ``(B) shall be conducted when the member is redeployed or otherwise leaves an area in which the system is in operation (or as soon as possible thereafter).''.

Welcome Home G.I. Bill Act of 2005 - Increases and extends the duration of basic educational assistance for individuals who serve at least six consecutive months (with exceptions from the six consecutive months requirement due to medical, hardship, or involuntary separation ) on active duty outside the United States as part of a combat or contingency operation (including a humanitarian or peacekeeping operation) beginning on September 11, 2001, and ending five years after enactment of this Act. Permits assistance use for student loan repayment. Provides for refund of educational contributions made under the Montgomery G.I. Bill program. Increases and extends the duration of educational assistance for reserve component members called or ordered to active service in response to a war or national emergency who perform active duty service for 180 consecutive days before the five-year period beginning on the date of enactment of this Act. Permits assistance use for student loan repayment. Provides $5,000 for a residential purchase downpayment for a veteran who: (1) performs active duty service outside the United States as part of a combat or contingency operation (including a humanitarian or peacekeeping operation) for at least six consecutive months (or a lesser time period for an individual with a service-connected disability) after September 11, 2001; and (2) has not previously obtained a veterans' guaranteed or insured housing loan. Makes such benefit available for five years from the date eligible service is completed. Amends the the Internal Revenue Code to exclude such housing benefit from gross income. Provides transitional health care benefits during the five-year period after separation from active duty for an individual who is not covered under an employer-provided or a spouse's employer-provided group health plan who: (1) serves in the active military, naval, or air service; (2) after September 11, 2001, is deployed outside the United States as part of a combat or contingency operation (including a humanitarian or peacekeeping operation) for at least six consecutive months (or a lesser time period for an individual with a service-connected disability); and (3) is discharged or released under conditions other than dishonorable. Revises predeployment and postdeployment medical exam provisions.

A bill to amend titles 10 and 38, United States Code, to increase benefits for members of the Armed Forces who, after September 11, 2001, serve on active duty outside the United States or its territories or possessions as part of a contingency operation (including a humanitarian operation, peacekeeping operation, or similar operation) or a combat operation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Death Tax Repeal Act of 2013''. SEC. 2. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER TAXES. (a) Estate Tax Repeal.--Subchapter C of chapter 11 of subtitle B of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 2210. TERMINATION. ``(a) In General.--Except as provided in subsection (b), this chapter shall not apply to the estates of decedents dying on or after the date of the enactment of the Death Tax Repeal Act of 2013. ``(b) Certain Distributions From Qualified Domestic Trusts.--In applying section 2056A with respect to the surviving spouse of a decedent dying before the date of the enactment of the Death Tax Repeal Act of 2013-- ``(1) section 2056A(b)(1)(A) shall not apply to distributions made after the 10-year period beginning on such date, and ``(2) section 2056A(b)(1)(B) shall not apply on or after such date.''. (b) Generation-Skipping Transfer Tax Repeal.--Subchapter G of chapter 13 of subtitle B of such Code is amended by adding at the end the following new section: ``SEC. 2664. TERMINATION. ``This chapter shall not apply to generation-skipping transfers on or after the date of the enactment of the Death Tax Repeal Act of 2013.''. (c) Conforming Amendments.-- (1) The table of sections for subchapter C of chapter 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 2210. Termination.''. (2) The table of sections for subchapter G of chapter 13 of such Code is amended by adding at the end the following new item: ``Sec. 2664. Termination.''. (d) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying, and generation-skipping transfers, after the date of the enactment of this Act. SEC. 3. MODIFICATIONS OF GIFT TAX. (a) Computation of Gift Tax.--Subsection (a) of section 2502 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Computation of Tax.-- ``(1) In general.--The tax imposed by section 2501 for each calendar year shall be an amount equal to the excess of-- ``(A) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for such calendar year and for each of the preceding calendar periods, over ``(B) a tentative tax, computed under paragraph (2), on the aggregate sum of the taxable gifts for each of the preceding calendar periods. ``(2) Rate schedule.-- ``If the amount with respect to which The tentative tax is: the tentative tax to be computed is:. Not over $10,000....................... 18% of such amount. Over $10,000 but not over $20,000...... $1,800, plus 20% of the excess over $10,000. Over $20,000 but not over $40,000...... $3,800, plus 22% of the excess over $20,000. Over $40,000 but not over $60,000...... $8,200, plus 24% of the excess over $40,000. Over $60,000 but not over $80,000...... $13,000, plus 26% of the excess over $60,000. Over $80,000 but not over $100,000..... $18,200, plus 28% of the excess over $80,000. Over $100,000 but not over $150,000.... $23,800, plus 30% of the excess over $100,000. Over $150,000 but not over $250,000.... $38,800, plus 32% of the excess of $150,000. Over $250,000 but not over $500,000.... $70,800, plus 34% of the excess over $250,000. Over $500,000.......................... $155,800, plus 35% of the excess of $500,000.''. (b) Treatment of Certain Transfers in Trust.--Section 2511 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(c) Treatment of Certain Transfers in Trust.--Notwithstanding any other provision of this section and except as provided in regulations, a transfer in trust shall be treated as a taxable gift under section 2503, unless the trust is treated as wholly owned by the donor or the donor's spouse under subpart E of part I of subchapter J of chapter 1.''. (c) Lifetime Gift Exemption.-- (1) In general.--Paragraph (1) of section 2505(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) the amount of the tentative tax which would be determined under the rate schedule set forth in section 2502(a)(2) if the amount with respect to which such tentative tax is to be computed were $5,000,000, reduced by''. (2) Inflation adjustment.--Section 2505 of such Code is amended by adding at the end the following new subsection: ``(d) Inflation Adjustment.-- ``(1) In general.--In the case of any calendar year after 2011, the dollar amount in subsection (a)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (d) Conforming Amendments.-- (1) Section 2505(a) of such Code is amended by striking the last sentence. (2) The heading for section 2505 of such Code is amended by striking ``unified''. (3) The item in the table of sections for subchapter A of chapter 12 of such Code relating to section 2505 is amended to read as follows: ``Sec. 2505. Credit against gift tax.''. (e) Effective Date.--The amendments made by this section shall apply to gifts made on or after the date of the enactment of this Act. (f) Transition Rule.-- (1) In general.--For purposes of applying sections 1015(d), 2502, and 2505 of the Internal Revenue Code of 1986, the calendar year in which this Act is enacted shall be treated as 2 separate calendar years one of which ends on the day before the date of the enactment of this Act and the other of which begins on such date of enactment. (2) Application of section 2504(b).--For purposes of applying section 2504(b) of the Internal Revenue Code of 1986, the calendar year in which this Act is enacted shall be treated as one preceding calendar period.

Death Tax Repeal Act of 2013 - Amends the Internal Revenue Code to: (1) repeal the estate and generation-skipping transfer taxes, and (2) make permanent the maximum 35% gift tax rate and a $5 million lifetime gift tax exemption. Provides for an inflation adjustment to such exemption amount.

Death Tax Repeal Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transitional Federal Medical Assistance Percentage Act''. SEC. 2. EXTENSION OF ARRA INCREASE IN FMAP. Section 5001 of ARRA is amended-- (1) in subsection (a)(3), by striking ``first calendar quarter'' and inserting ``first 3 calendar quarters''; (2) in subsection (b)(2), by inserting before the period at the end the following: ``and such paragraph shall not apply to calendar quarters beginning on or after October 1, 2010''; (3) in subsection (d), by inserting ``ending before October 1, 2010'' after ``entire fiscal years'' and after ``with respect to fiscal years''; (4) in subsection (g)(1), by striking ``September 30, 2011'' and inserting ``December 31, 2011''; and (5) in subsection (h)(3), by striking ``December 31, 2010'' and inserting ``June 30, 2011''. SEC. 3. ARRA TRANSITIONAL ASSISTANCE PERIOD. For each fiscal quarter occurring during the period beginning on July 1, 2011, and ending on December 31, 2013 (referred to in this Act as the ``ARRA transitional assistance period''), a State's FMAP shall be equal to the sum of-- (1) the adjusted base FMAP (as determined under section 4(a)(1)); (2) the general FMAP adjustment (as determined under section 4(a)(2)); and (3) the unemployment FMAP adjustment (as determined under section 4(a)(3)). SEC. 4. ADJUSTMENTS TO FEDERAL MEDICAL ASSISTANCE PERCENTAGE. (a) Determination of Adjusted FMAP.-- (1) Adjusted base fmap.-- (A) In general.--Subject to subparagraph (B), the adjusted base FMAP is determined as follows: (i) For the fourth quarter of fiscal year 2011, the FMAP that would have applied to the State under section 5001(a) of ARRA (assuming that such section applied) for such fiscal quarter minus 2 percentage points. (ii) For any subsequent fiscal quarter occurring during the ARRA transitional assistance period, the FMAP as determined under this paragraph for the preceding fiscal quarter minus 2 percentage points. (B) Elimination of negative adjustment.--If the adjusted base FMAP applicable to a State under this paragraph for any fiscal quarter occurring during the ARRA transitional assistance period would be less than the FMAP determined for the State for such quarter without regard to this paragraph, this paragraph shall not apply to such State. (2) General fmap adjustment.--The general FMAP adjustment shall be equal to the following: (A) For the fourth quarter of fiscal year 2011, 5.7 percentage points. (B) For the first quarter of fiscal year 2012, 4.95 percentage points. (C) For the second quarter of fiscal year 2012, 3.95 percentage points. (D) For the third quarter of fiscal year 2012, 2.7 percentage points. (E) For the fourth quarter of fiscal year 2012, 1.2 percentage points. (F) For any subsequent fiscal quarter occurring during the ARRA transitional assistance period, 0.2 percentage points. (3) Unemployment fmap adjustment.-- (A) In general.--Subject to subparagraphs (C) and (D), the unemployment FMAP adjustment shall be equal to the increase in the State's FMAP that would have applied to the State under section 5001(c) of ARRA (assuming that such section applied) for such fiscal quarter minus the applicable reduction amount (as described under subparagraph (B)). (B) Applicable reduction amount.--For purposes of subparagraph (A), the applicable reduction amount shall be equal to the following: (i) For the fourth fiscal quarter of fiscal year 2011, 0.20 percentage points. (ii) For any subsequent fiscal quarter occurring during the ARRA transitional assistance period, the sum of-- (I) the applicable reduction amount for the preceding fiscal quarter; and (II) 0.05 percentage points. (C) Elimination of negative adjustment.--If the unemployment FMAP adjustment applicable to a State under this paragraph for any fiscal quarter during the ARRA transitional assistance period would be less than zero, this paragraph shall not apply to such State. (D) Special rule.-- (i) In general.--For purposes of subparagraph (A), with respect to the computation of the state unemployment increase percentage (as described under section 5001(c)(4) of ARRA) for the last 2 fiscal quarters of the ARRA transitional assistance period, the most recent previous 3-consecutive- month period (as described under section 5001(c)(4)(A)(i) of ARRA) shall be the 3- consecutive-month period beginning with December 2012, or, if it results in a higher applicable percent under section 5001(c)(3) of ARRA, the 3-consecutive-month period beginning with January 2013. (ii) Repeal of special rule under arra for last 2 calendar quarters of the recession adjustment period.--Section 5001(c)(4) of ARRA is amended by striking subparagraph (C) and inserting the following: ``(C) Special rule.--With respect to the first 2 calendar quarters of the recession adjustment period, the most recent previous 3-consecutive-month period described in subparagraph (A)(i) shall be the 3- consecutive-month period beginning with October 2008.''. (b) Scope of Application.--The adjustments in the FMAP for a State under this section shall apply for purposes of title XIX of the Social Security Act and shall not apply with respect to-- (1) disproportionate share hospital payments described in section 1923 of such Act (42 U.S.C. 1396r-4); (2) payments under title IV of such Act (42 U.S.C. 601 et seq.) (except that the increases under paragraphs (1) and (2) of subsection (a) shall apply to payments under part E of title IV of such Act (42 U.S.C. 670 et seq.) and, for purposes of the application of this section to the District of Columbia, payments under such part shall be deemed to be made on the basis of the FMAP applied with respect to such District for purposes of title XIX and as increased under subsection (a)(2)); (3) any payments under title XXI of such Act (42 U.S.C. 1397aa et seq.); (4) any payments under title XIX of such Act that are based on the enhanced FMAP described in section 2105(b) of such Act (42 U.S.C. 1397ee(b)); or (5) any payments under title XIX of such Act that are attributable to expenditures for medical assistance provided to individuals made eligible under a State plan under title XIX of the Social Security Act (including under any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) because of income standards (expressed as a percentage of the poverty line) for eligibility for medical assistance that are higher than the income standards (as so expressed) for such eligibility as in effect on July 1, 2008, (including as such standards were proposed to be in effect under a State law enacted but not effective as of such date or a State plan amendment or waiver request under title XIX of such Act that was pending approval on such date). (c) State Ineligibility; Limitation; Special Rules.-- (1) Maintenance of eligibility requirements.-- (A) In general.--Subject to subparagraph (B) and (C), a State is not eligible for an increase in its FMAP under subsection (a) if eligibility standards, methodologies, or procedures under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on July 1, 2008. (B) State reinstatement of eligibility permitted.-- Subject to subparagraph (C), a State that has restricted eligibility standards, methodologies, or procedures under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) after July 1, 2008, is no longer ineligible under subparagraph (A) beginning with the first calendar quarter in which the State has reinstated eligibility standards, methodologies, or procedures that are no more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on July 1, 2008. (C) Special rules.--A State shall not be ineligible under subparagraph (A)-- (i) for the fiscal quarters before October 1, 2011, on the basis of a restriction that was applied after July 1, 2008, and before the date of the enactment of this Act, if the State prior to October 1, 2011, has reinstated eligibility standards, methodologies, or procedures that are no more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on July 1, 2008; or (ii) on the basis of a restriction that was directed to be made under State law as in effect on July 1, 2008, and would have been in effect as of such date, but for a delay in the effective date of a waiver under section 1115 of such Act with respect to such restriction. (2) Compliance with prompt pay requirements.-- (A) Application to practitioners.-- (i) In general.--Subject to the succeeding provisions of this subparagraph, no State shall be eligible for an increased FMAP rate as provided under this section for any claim received by a State from a practitioner subject to the terms of section 1902(a)(37)(A) of the Social Security Act (42 U.S.C. 1396a(a)(37)(A)) for such days during any period in which that State has failed to pay claims in accordance with such section as applied under title XIX of such Act. (ii) Reporting requirement.--Each State shall report to the Secretary, on a quarterly basis, its compliance with the requirements of clause (i) as such requirements pertain to claims made for covered services during each month of the preceding quarter. (iii) Waiver authority.--The Secretary may waive the application of clause (i) to a State, or the reporting requirement imposed under clause (ii), during any period in which there are exigent circumstances, including natural disasters, that prevent the timely processing of claims or the submission of such a report. (iv) Application to claims.--Clauses (i) and (ii) shall only apply to claims made for covered services after the date of enactment of this Act. (B) Application to nursing facilities and hospitals.--The provisions of subparagraph (A) shall apply with respect to a nursing facility or hospital, insofar as it is paid under title XIX of the Social Security Act on the basis of submission of claims, in the same or similar manner (but within the same timeframe) as such provisions apply to practitioners described in such subparagraph. (3) State's application toward rainy day fund.--A State is not eligible for an increase in its FMAP under paragraphs (2) or (3) of subsection (a) if any amounts attributable (directly or indirectly) to such increase are deposited or credited into any reserve or rainy day fund of the State. (4) No waiver authority.--Except as provided in paragraph (2)(A)(iii), the Secretary may not waive the application of this subsection or subsection (d) under section 1115 of the Social Security Act or otherwise. (5) Limitation of fmap to 100 percent.--In no case shall an increase in FMAP under this section result in an FMAP that exceeds 100 percent. (d) Requirements.-- (1) State reports.--Each State that is paid additional Federal funds as a result of this section shall, not later than September 30, 2014, submit a report to the Secretary, in such form and such manner as the Secretary shall determine, regarding how the additional Federal funds were expended. (2) Additional requirement for certain states.--In the case of a State that requires political subdivisions within the State to contribute toward the non-Federal share of expenditures under the State Medicaid plan required under section 1902(a)(2) of the Social Security Act (42 U.S.C. 1396a(a)(2)), the State is not eligible for an increase in its FMAP under paragraphs (2) or (3) of subsection (a) if it requires that such political subdivisions pay for quarters during the ARRA transitional assistance period a greater percentage of the non-Federal share of such expenditures, or a greater percentage of the non-Federal share of payments under section 1923, than the respective percentage that would have been required by the State under such plan on September 30, 2008, prior to application of this section. (e) Definitions.--In this Act, except as otherwise provided: (1) ARRA.--The term ``ARRA'' means the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 140). (2) FMAP.--The term ``FMAP''' means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)), as determined without regard to this section except as otherwise specified. (3) Poverty line.--The term ``poverty line'' has the meaning given such term in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by such section. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) State.--The term ``State'' has the meaning given such term in section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (f) Sunset.--This section shall not apply to items and services furnished after the end of the ARRA transitional assistance period.

Transitional Federal Medical Assistance Percentage Act - Amends the American Recovery and Reinvestment Act of 2009 to extend the increase in the federal medical assistance percentage (FMAP) under title XIX (Medicaid) of the Social Security Act. Extends the entire recession adjustment period from December 31, 2010, through June 30, 2011. Provides for adjusted FMAP percentage rates during a transitional assistance period from July 1, 2011, through December 31, 2013. Prescribes formulae for determining the adjusted FMAP through FY2012 and subsequent fiscal year quarters.

To provide adjusted Federal medical assistance percentage rates during a transitional assistance period.

SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE. (a) Short Title.--This Act may be cited as the ``More Water, More Energy, and Less Waste Act of 2007''. (b) Findings.--The Congress finds that-- (1) development of energy resources, including oil, natural gas, coalbed methane, and geothermal resources, frequently results in bringing to the surface water extracted from underground sources; (2) some of that produced water is used for irrigation or other purposes, but most of the water is returned to the subsurface or otherwise disposed of as waste; (3) reducing the quantity of produced water returned to the subsurface and increasing the quantity of produced water that is made available for irrigation and other uses-- (A) would augment water supplies; (B) could reduce the costs to energy developers for disposing of the water; and (C) in some cases, could increase the efficiency of energy development activities; and (4) it is in the national interest-- (A) to limit the quantity of produced water disposed of as waste; (B) to optimize the production of energy resources; and (C) to remove or reduce obstacles to use of produced water for irrigation or other purposes in ways that will not adversely affect water quality or the environment. (c) Purposes.--The purposes of this Act are-- (1) to optimize the production of energy resources-- (A) by minimizing the quantity of produced water; and (B) by facilitating the use of produced water for irrigation and other purposes without adversely affecting water quality or the environment; and (2) to demonstrate means of accomplishing those results. SEC. 2. DEFINITIONS. In this Act: (1) Lower basin state.--The term ``Lower Basin State'' means any of the States of-- (A) Arizona; (B) California; and (C) Nevada. (2) Produced water.--The term ``produced water'' means water from an underground source that is brought to the surface as part of the process of exploration for, or development of-- (A) oil; (B) natural gas; (C) coalbed methane; or (D) any other substance to be used as an energy source. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Upper basin state.--The term ``Upper Basin State'' means any of the States of-- (A) Colorado; (B) New Mexico; (C) Utah; and (D) Wyoming. SEC. 3. IDENTIFICATION OF PROBLEMS AND SOLUTIONS. (a) Study.--The Secretary, acting through the Commissioner of Reclamation, the Director of the United States Geological Survey, and the Director of the Bureau of Land Management shall conduct a study to identify-- (1) the technical, economic, environmental, and other obstacles to reducing the quantity of produced water; (2) the technical, economic, environmental, legal, and other obstacles to increasing the extent to which produced water can be used for irrigation and other purposes without adversely affecting water quality or the environment; (3) the legislative, administrative, and other actions that could reduce or eliminate the obstacles identified in paragraphs (1) and (2); and (4) the costs and benefits associated with reducing or eliminating the obstacles identified in paragraphs (1) and (2). (b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study under subsection (a). SEC. 4. IMPLEMENTATION. (a) Grants.--Subject to the availability of appropriations, the Secretary shall provide financial assistance for the development of facilities, technologies, and processes to demonstrate the feasibility, effectiveness, and safety of-- (1) optimizing energy resource production by reducing the quantity of produced water generated; or (2) increasing the extent to which produced water may be recovered and made suitable for use for irrigation, municipal, or industrial uses, or other purposes without adversely affecting water quality or the environment. (b) Limitations.--Assistance under this section-- (1) shall be provided for-- (A) at least 1 project in each of the Upper Basin States; and (B) at least 1 project in at least 1 of the Lower Basin States; (2) shall not exceed $1,000,000 for any project; (3) shall be used to pay not more than 50 percent of the total cost of a project; (4) shall not be used for the operation or maintenance of any facility; and (5) may be in addition to assistance provided by the Federal Government pursuant to other provisions of law. SEC. 5. CONSULTATION, ADVICE, AND COMMENTS. In carrying out this Act, including in preparing the report under section 3(b) and establishing criteria to be used in connection with an award of financial assistance under section 4, the Secretary shall-- (1) consult with the Secretary of Energy, the Administrator of the Environmental Protection Agency, and appropriate Governors and local officials; (2)(A) review any relevant information developed in connection with research carried out by others, including research carried out pursuant to subtitle J of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16371 et seq.); and (B) to the extent the Secretary determines to be advisable, include that information in the report under section 3(b); (3) seek the advice of-- (A) individuals with relevant professional or academic expertise; and (B) individuals or representatives of entities with industrial experience, particularly experience relating to production of oil, natural gas, coalbed methane, or other energy resources (including geothermal resources); and (4) solicit comments and suggestions from the public. SEC. 6. RELATION TO OTHER LAWS. Nothing in this Act supersedes, modifies, abrogates, or limits-- (1) the effect of any State law or any interstate authority or compact relating to-- (A) any use of water; or (B) the regulation of water quantity or quality; or (2) the applicability or effect of any Federal law (including regulations). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) $1,000,000 to carry out section 3; and (2) $7,500,000 to carry out section 4.

More Water, More Energy, and Less Waste Act of 2007 - Directs the Secretary of the Interior, acting through the Commissioner of Reclamation, the Director of the U.S. Geological Survey, and the Director of the Bureau of Land Management (BLM), to conduct a study to identify: (1) the obstacles to reducing the quantity of produced water (water from an underground source that is brought to the surface as part of the exploration for or development of oil, natural gas, coal-bed methane, or any other substance to be used as an energy source) and to increasing the extent to which produced water can be used for irrigation or other purposes without adversely affecting water quality or the environment; and (2) the actions that could reduce or eliminate such obstacles and the associated costs and benefits. Directs the Secretary to provide financial assistance for the development of facilities, technologies, and processes to demonstrate the feasibility, effectiveness, and safety of: (1) optimizing energy resource production by reducing the quantity of produced water generated; or (2) increasing the extent to which produced water may be recovered and made suitable for specified purposes. Requires such assistance to be provided for at least one project in: (1) each of the Upper Basin States (Colorado, New Mexico, Utah, and Wyoming); and (2) each of the Lower Basin States (Arizona, California, and Nevada). Prohibits such assistance from exceeding $1 million per project, from being used to pay more than 50% of the total project cost, or from being used for facility operation or maintenance.

A bill to facilitate the use for irrigation and other purposes of water produced in connection with development of energy resources.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Choice of Representation Act of 2006''. SEC. 2. ATTORNEY REPRESENTATION IN VETERANS BENEFITS CLAIMS CASES BEFORE THE DEPARTMENT OF VETERANS AFFAIRS. (a) Qualifications and Standards of Conduct for Individuals Recognized as Agents or Attorneys.-- (1) Additional qualifications and standards for agents and attorneys generally.--Subsection (a) of section 5904 of title 38, United States Code, is amended-- (A) by inserting ``(1)'' after ``(a)''; (B) by striking the second sentence; and (C) by adding at the end the following new paragraphs: ``(2) The Secretary may prescribe in regulations qualifications and standards of conduct for individuals recognized under this section, including the following: ``(A) A requirement that, before being recognized, an individual-- ``(i) show that such individual is of good moral character and in good repute, is qualified to render claimants valuable service, and is otherwise competent to assist claimants in presenting claims; and ``(ii) has such level of experience and specialized training as the Secretary shall specify. ``(B) A requirement that the individual follow such standards of conduct as the Secretary shall specify. ``(3) The Secretary may prescribe in regulations restrictions on the amount of fees that an agent or attorney may charge a claimant for services rendered in the preparation, presentation, and prosecution of a claim before the Department.''. (2) Applicability to representatives of veterans service organizations.--Section 5902(b) of such title is amended-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by inserting ``(1)'' after ``(b)''; and (C) by adding at the end the following new paragraph: ``(2) An individual recognized under this section shall be subject to suspension under section 5904(b) of this title on the same basis as an individual recognized under section 5904(a) of this title.''. (3) Applicability to individuals recognized for particular claims.--Section 5903 of such title is amended-- (A) by inserting ``(a) In General.--'' before ``The Secretary''; and (B) by adding at the end the following new subsection: ``(b) Suspension.--An individual recognized under this section shall be subject to suspension under section 5904(b) of this title on the same basis as an individual recognized under section 5904(a) of this title.''. (b) Additional Bases for Suspension of Individuals.--Subsection (b) of section 5904 of such title is amended-- (1) by inserting ``and sections 5902 and 5903 of this title'' after ``under this section''; (2) in paragraph (4), by striking ``or'' at the end; (3) in paragraph (5), by striking the period and inserting a semicolon; and (4) by adding at the end the following new paragraphs: ``(6) has failed to conduct himself or herself with due regard for the non-adversarial nature of any proceeding before the Department; ``(7) has presented frivolous claims, issues, or arguments to the Department; or ``(8) has failed to comply with any other condition specified by the Secretary in regulations prescribed by the Secretary for purposes of this subsection.''. (c) Repeal of Limitation on Hiring Agents or Attorneys.--Subsection (c) of section 5904 of such title is amended by striking paragraph (1). (d) Modification of Requirements to File Attorney Fee Agreements.-- Such subsection is further amended-- (1) by redesignating paragraph (2) as paragraph (1); and (2) in that paragraph, as so redesignated-- (A) by striking ``in a case referred to in paragraph (1) of this subsection''; (B) by striking ``after the Board first makes a final decision in the case''; (C) by striking ``with the Board at such time as may be specified by the Board'' and inserting ``with the Secretary pursuant to regulations prescribed by the Secretary''; and (D) by striking the second and third sentences. (e) Attorney Fees.--Such subsection is further amended by inserting after paragraph (1), as redesignated by subsection (d)(1) of this section, the following new paragraph (2): ``(2)(A) The Secretary, upon the Secretary's own motion or at the request of the claimant, may review a fee agreement filed pursuant to paragraph (1) and may order a reduction in the fee called for in the agreement if the Secretary finds that the fee is excessive or unreasonable. ``(B) A finding or order of the Secretary under subparagraph (A) may be reviewed by the Board of Veterans' Appeals under section 7104 of this title.''. (f) Repeal of Penalty for Certain Acts.--Section 5905 of such title is amended by striking ``(1)'' and all that follows through ``(2)''. (g) Effective Date.-- (1) In general.--The amendments made by this section shall take effect six months after the date of the enactment of this Act. (2) Regulations.--The Secretary shall prescribe the regulations, if any, to be prescribed under the amendments made by subsection (a) not later than the date specified in paragraph (1). (3) Claims.--The amendments made by subsections (b), (c), (d), and (e) shall apply to claims submitted on or after the date specified in paragraph (1).

Veterans' Choice of Representation Act of 2006 - Authorizes the Secretary of Veterans Affairs to prescribe: (1) qualifications and standards of conduct for agents and attorneys acting on behalf of veterans in claim proceedings before the Department of Veterans Affairs; and (2) restrictions on fees collected for such services. Adds to the list of reasons for which agents and attorneys may be suspended, including: (1) failure to conduct themselves with due regard for the non-adversarial nature of any proceeding; and (2) presenting frivolous claims, issues, or arguments. Repeals the current time period limitation for the hiring or paying of an agent or attorney. Revises the time period during which attorney fee agreements may be filed with the Board of Veterans' Appeals. Allows the Secretary to review such an agreement, and order a fee reduction if the Secretary finds the fee excessive or unreasonable.

To amend title 38, United States Code, to remove certain limitations on attorney representation of claimants for veterans benefits in administrative proceedings before the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration Security and Efficiency Enhancement Act of 2003''. SEC. 2. PURPOSE. It is the purpose of this Act to enhance the security procedures and efficiency of the immigration, refugee and asylum, and naturalization services of the United States Government by mandating the implementation of an electronic application process utilizing certified filing entities and e-file applications. SEC. 3. IMPLEMENTATION OF SECURITY AND EFFICIENCY ENHANCEMENTS. (a) Plan.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Congress a plan for the implementation of security and efficiency enhancements described in subsection (b). The plan shall include a timetable for implementation with appropriate information concerning the importance and impact of technology, funding, and other factors on the timetable. (b) Security and Efficiency Enhancements.--Immigration security and efficiency enhancements are as follows: (1) Establishment of a central computer database and network for processing immigration applications and forms. (2) Identification of applications and forms appropriate for electronic submission. (3) Implementation of a pilot project for elective electronic submission of designated immigration applications and forms. (4) Implementation of elective electronic submission of designated immigration applications and forms. (5) Within 4 to 5 years after the date of the enactment of this Act, electronic submission of designated immigration applications and forms which comprise not less than 25 percent of the total by volume. (6) Within 6 years after the date of the enactment of this Act, electronic submission of designated immigration applications and forms comprising not less than 50 percent of the total by volume. (7) Within 8 years after the date of the enactment of this Act, electronic submission of designated immigration applications and forms comprising not less than 75 percent of the total by volume. (8) Wherever feasible, electronic submission of designated immigration applications and forms. (c) Limitations.--Notwithstanding any other provision of this Act, the Secretary of Homeland Security shall implement an electronic application process only with respect to immigration, refugee and asylum, and naturalization services of the United States Government that the Secretary of Homeland Security determines to be appropriate. The Secretary of Homeland Security may not implement an electronic application process with respect to applications by aliens who have been convicted of a felony or aliens who are residing in the United States illegally. (d) Annual Report.--Not later than 1 year after the date of the submission of the plan under subsection (a) and annually thereafter, the Secretary of Homeland Security shall submit to the Congress an annual report which outlines the progress in implementing the plan, together with any modifications in the projections of the plan. SEC. 4. ESTABLISHMENT OF ELECTRONIC FILE MANAGEMENT SYSTEM. The Secretary of Homeland Security shall establish within the immigration, refugee and asylum, and naturalization functions under the jurisdiction of the Department of Homeland Security a computer network composed of a state-of-the-art electronic file management system and computer information system to efficiently receive and process files submitted electronically, detect incorrectly filled applications and forms, and securely share information within the network. SEC. 5. ESTABLISHMENT OF IMMIGRATION, REFUGEE AND ASYLUM, AND NATURALIZATION FILING SYSTEM THROUGH CERTIFIED SERVICE PROVIDERS. (a) In General.--The Secretary of Homeland Security shall establish within the immigration, refugee and asylum, and naturalization functions under the jurisdiction of the Department of Homeland Security a system which provides for the electronic filing and submission of applications only from organizations and entities certified by the department to perform immigration and naturalization services on behalf of applicants. (b) Certification of Service Providers.--The Secretary of Homeland Security develop criteria and procedures for the certification of organizations and entities as service providers. In the certification of service providers the Secretary of Homeland Security shall consider the promotion of competition and do everything possible to prevent monopolies. (c) Criteria for Certification of Service Providers.--The Secretary of Homeland Security shall promulgate regulations which provide for the criteria for certification of service providers which shall include the following: (1) Submission security--the ability to verify that a secure link is established for transmitting applicant information. (2) Quality control by the private entity/organization--the ability to determine that the service providers are competent and qualified to provide reliable information to applicants on immigration, refugee and asylum, and naturalization requirements and procedures necessary to successfully complete applications. (3) User identification verification--the ability to determine that the service provider conducts an adequate initial identity verification. (4) The logistical capabilities to participate in the system. SEC. 6. GRANTS FOR TECHNOLOGY ENHANCEMENT OF SERVICE PROVIDERS. The Secretary of Homeland Security is authorized to establish a program of grants to nonprofit service providers under section 5 to assist such entities in obtaining electronic technologies compatible with those utilized by the immigration, refugee and asylum, and naturalization functions under the jurisdiction of the Department of Homeland Security. SEC. 7. ELECTRONIC DATABASE OF CLOSED FILES. The National Records Center shall create and maintain an electronic database of all closed files relating to immigration, refugee and asylum, and naturalization of the Department of Homeland Security to speed up the request process on past records for all Federal agencies that access such files. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary for each fiscal year to carry out this Act.

Immigration Security and Efficiency Enhancement Act of 2003 - Directs the Secretary of Homeland Security to: (1) implement specified immigration security and efficiency enhancements, including computer and other electronic application and form measures; and (2) establish within the immigration, refugee and asylum, and naturalization functions of the Department of Homeland Security a computerized file management system, and a certified service provider filing system.Authorizes the Secretary to make technology enhancement grants to such service providers.Directs the National Records Center to maintain an electronic database of all closed Department files relating to immigration, refugee and asylum, and naturalization in order to speed up request processing.

To enhance the security and efficiency of the immigration, refugee and asylum, and naturalization functions of the United States Government.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Credit for Early Educators Act of 2012''. SEC. 2. TAX CREDIT FOR PROFESSIONAL SCHOOL PERSONNEL IN EARLY CHILDHOOD EDUCATION. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. PROFESSIONAL SCHOOL PERSONNEL IN EARLY CHILDHOOD EDUCATION. ``(a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to $3,000. ``(b) Eligible Individual.--For purposes of this section-- ``(1) In general.--The term `eligible individual' means any individual-- ``(A) who is employed in a position which involves regular contact with students in an early childhood school or program, and ``(B) whose position involves the formulation or implementation of the educational program for such school or program. ``(2) Early childhood school or program.--The term `early childhood school or program' means any school or program which provides early childhood education, as determined under State law. ``(c) Cost-of-Living Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2012, the $3,000 amount contained in subsection (a) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2011' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Rounding.--If any increase determined under paragraph (1) is not a multiple of $10, such increase shall be increased to the next highest multiple of $10.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Professional school personnel in early childhood education.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 3. DEDUCTION FOR CERTAIN EXPENSES OF EARLY CHILDHOOD, PRESCHOOL, ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) In General.--Subparagraph (D) of section 62(a)(2) of the Internal Revenue Code of 1986 (relating to certain expenses of elementary and secondary school teachers) is amended to read as follows: ``(D) Certain expenses of early childhood, preschool, elementary and secondary school teachers.-- In the case of taxable years beginning before 2017, the deductions allowed by section 162 which consist of expenses, not in excess of the applicable amount, paid or incurred by an eligible educator in connection with books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by the eligible educator in the classroom.''. (b) Definitions.--Subsection (d) of section 62 of such Code (relating to definition; special rules) is amended to read as follows: ``(d) Definitions Relating to Early Childhood, Preschool, Elementary and Secondary School Teachers.--For purposes of subsection (a)(2)(D) and this subsection-- ``(1) Applicable amount.--The term `applicable amount' means-- ``(A) $500 in the case of a full-time educator, and ``(B) $250 in any other case. ``(2) Eligible educator.--The term `eligible educator' means, with respect to any taxable year, an individual who is-- ``(A) a kindergarten through grade 12 teacher, instructor, counselor, principal, or aide in a school for at least 450 hours during a school year which ends during such taxable year, or ``(B) a teacher, instructor, counselor, or aid in a preschool or early childhood program for at least 450 hours during the taxable year. ``(3) Full-time educator.--The term `full-time educator' means, with respect to any taxable year, an individual who for such taxable year satisfies the requirements of subparagraph (A) or (B) of paragraph (2) applied by substituting `900 hours' for `450 hours' therein. ``(4) School.--The term `school' means any school which provides elementary education or secondary education (kindergarten through grade 12), as determined under State law. ``(5) Preschool or early childhood program.--The term `preschool or early childhood program' means any program which-- ``(A) is for providing preschool and receives funds for carrying out preschool programs pursuant to-- ``(i) part A of title I of the Elementary and Secondary Education Act of 1965, or ``(ii) subpart 2 of part B of title I of such Act, or ``(B) is an early childhood program, as defined under section 103 of the Higher Education Act of 1965.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 4. MODIFICATION OF CREDIT FOR DEPENDENT CARE SERVICES. (a) In General.--Subsection (a) of section 21 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Allowance of Credit.--In the case of an individual for which there are 1 or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 35 percent of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Tax Credit for Early Educators Act of 2012 - Amends the Internal Revenue Code to: (1) allow an individual taxpayer who is employed in a position involving regular contact with students in an early childhood school or education program and whose position involves the formulation or implementation of educational programs for such school or program a $3,000 tax credit, adjusted for inflation after 2012; (2) extend until 2017 the tax deduction for certain expenses of eligible educators (currently, elementary and secondary school teachers) and expand the definition of "eligible educators" to include teachers, instructors, counselors, or aides in a preschool or early childhood program; and (3) eliminate the income-based reduction in the tax credit for employer-provided dependent care services (thus allowing a full 35% credit for employment-related expenses incurred for the care of a dependent).

A bill to amend the Internal Revenue Code of 1986 to provide a tax credit for professional school personnel in early childhood education, to expand the deduction for certain expenses of teachers to teachers in early childhood education, and to modify the credit for dependent care services.

SECTION 1. DEFINITIONS. For purposes of this Act: (1) The term ``electric vehicle and infrastructure demonstration'' and ``demonstration'' mean a demonstration project established pursuant to section 3. (2) The term ``infrastructure and support systems'', has the meaning given such term in section 601(7) of the Energy Policy Act of 1992 (Public Law 102-486). (3) The term ``electric motor vehicle'' means a motor vehicle manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) which is primarily powered by an electric motor that draws current from rechargeable storage batteries, fuel cells, photovoltaic arrays or other sources of electrical current and may include an electric hybrid vehicle as that term is defined in section 601(5) of the Energy Policy Act of 1992 (Public Law 102-486): Provided however, That the term shall include vehicles designed for low/moderate speed road use. (4) The term ``eligible metropolitan area'' means any Metropolitan Area (as such term is defined by the Office of Management and Budget pursuant to section 3504 of title 44, United States Code) with a 1980 population of two hundred and fifty thousand or more that has been designated by a proposer and the Secretary for a demonstration project under this Act. (5) The term ``manufacturer'' means-- (A) an original equipment manufacturer which is substantially involved in the production of motor vehicles for sale in the United States; (B) a person manufacturing in the United States an electric motor vehicle; or (C) a person converting a vehicle to use electricity if after conversion, the original equipment manufacturer's warranty continues to apply to such vehicle, pursuant to an agreement between the original equipment manufacturer and the person performing the conversion, or the person performing the conversion provides a warranty for the vehicle equivalent to the warranty of the original equipment manufacturer. (6) The term ``person'' means-- (A) an individual possessing United States citizenship; (B) a corporation incorporated under the laws of a State; or (C) a joint venture or partnership organized under the laws of a State, each participant of which is an individual or corporation described in subparagraph (A) or (B). (7) The term ``non-Federal person'' has the meaning given such term in section 601(9) of the Energy Policy Act of 1992 (Public Law 102-486). (8) The term ``Secretary'' means the Secretary of Defense. SEC. 2. ELECTRIC VEHICLE PROGRAM. (a) Establishment of Program.--The Secretary shall carry out a program to demonstrate, for military and civilian use, electric motor vehicles and associated infrastructure and support systems for such vehicles in one or more eligible metropolitan areas. Such demonstrations shall be designed to demonstrate---- (1) the performance of electric motor vehicles in field operations, including fleet operations; (2) the infrastructure necessary to support the operation and maintenance of a wide range of types of electric motor vehicles; or (3) both such vehicles and the associated infrastructure and support systems. (b) Location of Demonstrations.--Subject to the special considerations specified in section 4(b), the demonstrations shall be geographically dispersed in eligible metropolitan areas of the United States. (c) Oversight and Coordination.--The Secretary shall assign oversight and coordination of the demonstration program authorized by this Act to the Advanced Research Projects Agency. (d) Term of Demonstration.--A demonstration established under this section may receive financial assistance from the Secretary for not more than four years. A single demonstration may not receive more than 25 per centum of the funds appropriated pursuant to the authorization of appropriations contained in section 5. SEC. 3. APPLICATIONS. (a) Solicitation.--Not later than May 1, 1994, the Secretary shall request proposals for electric vehicle and infrastructure demonstrations, and such proposals are to be submitted to the Secretary by no later than September 1, 1994. (b) Content of Proposal.--A proposal submitted under subsection (a) shall contain such information as the Secretary may require, including a description of-- (1) the person or non-Federal person submitting the proposal and the qualifications and capabilities of such proposer, directly or indirectly, to insure that electric motor vehicles, if any, included in the demonstration are serviced and maintained in order for such vehicles to operate as proposed for the duration of the demonstration; (2) manufacturers of the electric motor vehicles to be involved with the demonstration; (3) the proposed users; (4) the type of infrastructure and support systems development to be undertaken and demonstrated; (5) the number of electric motor vehicles, which shall be no fewer than fifty, to be demonstrated and their type, characteristics, and costs; and (6) the eligible metropolitan area where the demonstration is to be conducted. (c) Cost Share.--To be eligible for selection, the person or non- Federal person submitting a proposal shall agree to make non-Federal contributions, directly or indirectly, equal to at least 50 per centum of the costs associated with the demonstration: Provided, That the proposer shall seek no greater than $10,000 per vehicle cost share from the Secretary except that such cost-share limitation is not applicable in that instance where the gross vehicle weight rating of the electric motor vehicle exceeds eight thousand five hundred pounds: Provided further, That such cost-share requirement shall be no greater than 20 per centum of the cost associated with that portion of any demonstration that includes research and development, as described in section 4(b)(5). SEC. 4. SELECTION OF PROPOSALS. (a) Selection.--Not later than December 1, 1994, the Secretary shall select at least one, but not more than ten, proposals submitted under section 3 to receive financial assistance under this Act. The proposals shall be selected by the Secretary on a competitive basis after consulting with the Secretary of Energy, the Secretary of Transportation, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency. (b) Special Considerations.--In selecting demonstrations to be established, the Secretary shall give special consideration to proposals that-- (1) include the participation of providers of electricity; (2) include the participation of State or local governments or other governmental entities; (3) provide for infrastructure and support systems development during fiscal years 1994 through 1997 to support electric motor vehicles, if any, to be included in such demonstrations and that permit for the continued development and application on a nationwide basis of such infrastructure and support systems; (4) provide for the demonstration of more than fifty electric motor vehicles during fiscal years 1994 through 1997; and (5) would be located in areas that are likely to suffer economic hardship as a result of reductions in defense spending or the closure of one or more military installations and are in need of redirecting and retraining defense, aerospace and land systems industry workers; (6) would utilize aerospace, land systems and defense technology bases as well as the technical expertise of the aerospace, land systems and defense industry and personnel of the Department of Defense; or (7) would support the further research and development, a part of the demonstration, of electrical storage devices, power generation devices, light weight or composite materials, or systems control devices for application with electric motor vehicles to be used for military applications as well as civilian applications. (c) Other Considerations.--The Secretary shall also consider-- (1) the adaptability and suitability to a wide range and variety of electric motor vehicles of the related infrastructure, goods, materials or manufactured products, know-how or support services intended to support the operation and maintenance of electric motor vehicles proposed to be included in the demonstration; (2) the ability of the manufacturer, directly, indirectly, or in combination with the person submitting the proposal, for a period of no less than four years after the demonstration has commenced, to develop, assist in the demonstration of, manufacture, distribute, sell, service, and ensure the continued availability of parts for electric motor vehicles that are proposed to be included in the demonstration; and (3) other criteria as the Secretary considers appropriate. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act for fiscal year 1994 $90,000,000, to remain available until expended.

Requires the Secretary of Defense to carry out a program to demonstrate, for military and civilian use, electric motor vehicles and support systems in one or more geographically dispersed metropolitan areas. Allows financial assistance from the Secretary under the program for up to four years. Outlines provisions concerning program application and selection procedures. Authorizes appropriations.

To establish a program in the Department of Defense to promote and demonstrate electric vehicle and infrastructure development for military and civilian use.

SECTION 1. SHORT TITLE. This Act may be cited as the ``War Crimes Disclosure Act''. SEC. 2. REQUIREMENT OF DISCLOSURE UNDER FOIA OF INFORMATION REGARDING INDIVIDUALS WHO COMMITTED NAZI WAR CRIMES. (a) In General.--Section 552 of title 5, United States Code, is amended-- (1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and (2) by inserting after subsection (c) the following new subsection: ``(d)(1)(A) Notwithstanding subsection (b), this section shall apply to any matter, in the possession or control of a specified agency, that relates to any individual as to whom there exists reasonable grounds to believe that such individual, during the period beginning on March 23, 1933, and ending on May 8, 1945, under the direction of, or in association with-- ``(i) the Nazi government of Germany, ``(ii) any government in any area occupied by the military forces of the Nazi government of Germany, ``(iii) any government established with the assistance or cooperation of the Nazi government of Germany, or ``(iv) any government which was an ally of the Nazi government of Germany, ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, religion, national origin, or political opinion. ``(B) For purposes of subparagraph (A), the term `specified agency' means the following entities, any predecessor of such an entity, and any component of such an entity (or of such a predecessor): ``(i) The Central Intelligence Agency. ``(ii) The Department of Defense. ``(iii) The National Security Agency. ``(iv) The National Security Council. ``(v) The Department of State. ``(vi) The Federal Bureau of Investigation. ``(vii) The United States Information Agency. ``(2) Paragraph (1) shall not apply to-- ``(A) any matter that is referred to in subsection (b)(6); ``(B) any matter the disclosure of which would-- ``(i) reveal an intelligence agent regarding whom there is clear and convincing evidence that the identity of such agent currently requires protection; ``(ii) by revealing the name or identity of a living person who provided confidential information to the United States, constitute a substantial risk of harm to such person (as determined by clear and convincing evidence); or ``(iii) compromise the existence of an understanding of confidentiality currently requiring protection between an agent of the Government and a cooperating individual or a foreign government, and (as determined by clear and convincing evidence) cause harm that substantially outweighs the public interest in the disclosure; ``(C) any matter regarding which there is clear and convincing evidence that the current or future threat to national security, military defense, intelligence operations, or the conduct of foreign relations of the United States substantially outweighs the public interest in disclosure of the matter; ``(D) any matter created (by any person) in connection with an investigation, inquiry, or prosecution by the Office of Special Investigations of the Department of Justice; or ``(E) any portion, of any matter, that-- ``(i) does not relate to any individual referred to in paragraph (1); and ``(ii) is reasonably segregable from any other portions of the matter that relate to an individual referred to in paragraph (1). ``(3) Any reasonably segregable portion of a matter referred to in subparagraph (A), (B), or (C) of paragraph (2) shall be provided, after deletion of all portions of the matter that are referred to in such subparagraph, to any person requesting the matter under this section if the reasonably segregable portion would otherwise be required to be disclosed under this section. ``(4) In the case of a request under this section for any matter required to be disclosed under this subsection, if the agency receiving such request is unable to locate the records so requested, such agency shall promptly supply, to the person making such request, a description of the steps which were taken by such agency to search the indices and other locator systems of the agency to determine whether such records are in the possession or control of the agency.''. (b) Inapplicability of National Security Act of 1947 Exemption.-- Section 701 of the National Security Act of 1947 (50 U.S.C. 431) is amended-- (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following new subsection: ``(e) Subsection (a) shall not apply to any operational file, or any portion of any operational file, required to be disclosed under section 552(d) of title 5, United States Code (Freedom of Information Act).''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to requests made after the expiration of the 180-day period beginning on the date of the enactment of this Act.

War Crimes Disclosure Act - Requires disclosure under the Freedom of Information Act (FOIA) of any matter in the possession or control of specified Federal agencies that relates to any individual who participated in the persecution of any person because of race, religion, national origin, or political opinion at the direction of, or in association with, the Nazi government of Germany. Provides disclosure exceptions, such as for: (1) personnel and medical files and similar files; (2) the protection of intelligence agents; (3) informants; (4) compelling national security reasons; or (5) any portion of any matter that does not relate to any individual who committed Nazi war crimes and is reasonably segregable from other portions of the matter that relate to such individual. Requires disclosure of information that can be reasonably separated from excepted information. Amends the National Security Act of 1947 to provide that the exemption from public disclosure authorized under such Act for operational files of the Central Intelligence Agency required to be disclosed under FOIA shall not apply to information regarding Nazi war crimes participants.

War Crimes Disclosure Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Medicare Protection and Fairness Act of 2000''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--INCREASE IN PAYMENTS FOR INPATIENT HOSPITAL SERVICES Sec. 101. Elimination of reduction to market basket percentage increase in fiscal years 2001 and 2002. Sec. 102. Increase in payments for disproportionate share hospitals (DSH) in fiscal years 2001 and 2002. Sec. 103. Elimination of reduction in payments for indirect costs of graduate medical education (IME). TITLE II--INCREASE IN PAYMENTS FOR HOME HEALTH SERVICES Sec. 201. Elimination of 15 percent reduction under the prospective payment system. TITLE III--INCREASE IN PAYMENTS TO MEDICARE+CHOICE ORGANIZATIONS Subtitle A--Modifications to Risk Adjustment Methodology Sec. 301. Application of budget neutrality principle to the new Medicare+Choice risk adjustment methodology. Sec. 302. 10-year phase in for risk adjustment. Subtitle B--Modifications to the Blended Capitation Rate Sec. 311. Election of application in 2001 and 2002 of 50:50 area- specific and national percentages. Sec. 312. Increase in national per capita Medicare+Choice growth percentage in 2001 and 2002. Subtitle C--Reporting Requirements for Medicare Health Care Services Furnished in Military Treatment Facilities Sec. 321. Reporting costs incurred under Medicare Subvention Demonstration Project for military retirees. TITLE I--INCREASE IN PAYMENTS FOR INPATIENT HOSPITAL SERVICES SEC. 101. ELIMINATION OF REDUCTION TO MARKET BASKET PERCENTAGE INCREASE IN FISCAL YEARS 2001 AND 2002. Section 1886(b)(3)(B)(i) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(i)) is amended-- (1) by striking subclauses (XVI) and (XVII); (2) by inserting ``and'' at the end of subclause (XV); (3) by redesignating subclause (XVIII) as subclause (XVI); and (4) in subclause (XVI), as so redesignated, by striking ``2003'' and inserting ``2001''. SEC. 102. INCREASE IN PAYMENTS FOR DISPROPORTIONATE SHARE HOSPITALS (DSH) IN FISCAL YEARS 2001 AND 2002. Section 1886(d)(5)(F)(ix) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(F)(ix)) is amended-- (1) in subclause (III), by striking ``each of fiscal years 2000 and 2001,'' and inserting ``fiscal year 2000,''; and (2) in subclause (IV)-- (A) by striking ``fiscal year 2002,'' and inserting ``each of fiscal years 2001 and 2002,''; and (B) by striking ``reduced by 4 percent'' and inserting ``reduced by 2 percent''. SEC. 103. ELIMINATION OF REDUCTION IN PAYMENTS FOR INDIRECT COSTS OF GRADUATE MEDICAL EDUCATION (IME). Section 1886(d)(5)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended-- (1) by striking subclauses (V), and (VI); (2) by adding ``and'' at the end of subclause (III); and (3) in subclause (IV)-- (A) by striking ``during fiscal year 2000,'' and inserting ``on or after October 1, 1999,''; and (B) by striking the semicolon at the end and inserting a period. TITLE II--INCREASE IN PAYMENTS FOR HOME HEALTH SERVICES SEC. 201. ELIMINATION OF 15 PERCENT REDUCTION UNDER THE PROSPECTIVE PAYMENT SYSTEM. (a) In General.--Section 1895(b)(3)(A) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(A)), as amended by sections 302(b) and 303(f) of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (113 Stat. 1501A-359, 361), as enacted into law by section 1000(a)(6) of Public Law 106-113, is amended to read as follows: ``(A) Initial basis.--Under such system the Secretary shall provide for computation of a standard prospective payment amount (or amounts). Such amount (or amounts) shall initially be based on the most current audited cost report data available to the Secretary and shall be computed in a manner so that the total amounts payable under the system for the 12-month period beginning on the date the Secretary implements the system shall be equal to the total amount that would have been made if the system had not been in effect and if section 1861(v)(1)(L)(ix) had not been enacted. Each such amount shall be standardized in a manner that eliminates the effect of variations in relative case mix and area wage adjustments among different home health agencies in a budget neutral manner consistent with the case mix and wage level adjustments provided under paragraph (4)(A). Under the system, the Secretary may recognize regional differences or differences based upon whether or not the services or agency are in an urbanized area.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (Public Law 106-113). TITLE III--INCREASE IN PAYMENTS TO MEDICARE+CHOICE ORGANIZATIONS Subtitle A--Modifications to Risk Adjustment Methodology SEC. 301. APPLICATION OF BUDGET NEUTRALITY PRINCIPLE TO THE NEW MEDICARE+CHOICE RISK ADJUSTMENT METHODOLOGY. (a) In General.--Section 1853(a)(3) of the Social Security Act (42 U.S.C. 1395w-23(a)(3)) is amended by adding at the end the following new subparagraph: ``(E) Implementation in a budget neutral manner.-- The methodology under this paragraph shall be designed and implemented in a manner so that it does not result in any material change in the aggregate level of expenditures under this title compared to the level that would have occurred if such methodology had not been implemented (and if the previous risk adjustment methodology used in 1998 had continued to be implemented).''. (b) Effective Date.--The amendment made by subsection (a) takes effect on the date of the enactment of this Act and applies to payments for months beginning on or after January 2001. SEC. 302. 10-YEAR PHASE-IN FOR RISK ADJUSTMENT. Section 1853(a)(3)(C)(ii) of the Social Security Act (42 U.S.C. 1395w-23(a)(3)(C)(ii)) is amended to read as follows: ``(ii) Phase-in.--Such risk adjustment methodology shall be implemented in a phased-in manner so that the methodology insofar as it makes adjustments to capitation rates for health status applies to 10 percent of \1/12\ of the annual Medicare+Choice capitation rate in each of 2000 through 2009. Subtitle B--Modifications to the Blended Capitation Rate SEC. 311. ELECTION OF APPLICATION IN 2001 AND 2002 OF 50:50 AREA- SPECIFIC AND NATIONAL PERCENTAGES. Section 1853(c)(2) of the Social Security Act (42 U.S.C. 1395w- 23(c)(2)) is amended-- (1) by striking the period at the end of subparagraph (F) and inserting a semicolon; and (2) by adding after and below subparagraph (F) the following: ``except that for either or both 2001 and 2002, a Medicare+Choice organization may elect to apply subparagraph (F) (rather than, with respect to 2001, subparagraph (D) or, with respect to 2002, subparagraph (E)).''. SEC. 312. INCREASE IN NATIONAL PER CAPITA MEDICARE+CHOICE GROWTH PERCENTAGE IN 2001 AND 2002. Section 1853(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w- 23(c)(6)(B)) is amended-- (1) by adding ``and'' at the end of clause (iii); (2) by striking clauses (iv) and (v); and (3) in clause (vi), by redesignating such clause as clause (iv) and by striking ``2002'' and inserting ``2000''. Subtitle C--Reporting Requirements for Medicare Health Care Services Furnished in Military Treatment Facilities SEC. 321. REPORTING COSTS INCURRED UNDER MEDICARE SUBVENTION DEMONSTRATION PROJECT FOR MILITARY RETIREES. (a) In General.--Section 1896 of the Social Security Act (42 U.S.C. 1395ggg) is amended by adding at the end the following new subsection: ``(l) Reporting Costs Incurred Under the Project for Purposes of Calculating Medicare+Choice Payment Rates.-- ``(1) Determination of costs.--For a year in which the project is carried out in a military treatment facility, the facility shall determine the aggregate costs that are incurred under the project (and for which payment will be made from the trust funds) for furnishing medicare health care services to medicare-eligible military retirees or dependents under the project in that year. ``(2) Report of calculated costs.--For purposes of including the costs incurred under the project (as described in paragraph (1)) in the calculation the annual Medicare+Choice capitation rates in each Medicare+Choice payment area, a military treatment facility shall submit to the Secretary the determination made under paragraph (1) by not later than March 31 of the year that follows the year for which the facility has made such determination.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to years beginning on or after January 1, 2000.

Title II: Increase in Payments for Home Health Services - Amends SSA title XVIII with regard to the prospective payment system (PPS) for home health services to eliminate the 15 percent reduction in the cost limits and per beneficiary limits under such PPS. Makes such amendment effective as if included in the enactment of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999. Title III: Increase in Payments to Medicare+Choice Organizations - Subtitle A: Modifications to Risk Adjustment Methodology - Amends SSA title XVIII part C (Medicare+Choice) with respect to payments to Medicare+Choice organizations to require that the Medicare+Choice risk adjustment methodology be implemented in a budget neutral manner. Provides for a ten year phased-in implementation of such methodology. Subtitle B: Modifications to the Blended Capitation Rate - Authorizes Medicare+Choice organizations to elect to apply blended capitation rate area-specific and national percentages for 2001 and 2002 (instead of one or the other in different years). Provides for an increase in the national per capita Medicare+Choice growth percentage in 2001 and 2002. Subtitle C: Reporting Requirements for Medicare Health Care Services Furnished in Military Treatment Facilities - Amends SSA title XVIII with respect to the Medicare subvention demonstration project for military retirees to add reporting requirements for costs incurred under the project for purposes of calculating Medicare+Choice payment rates.

Medicare Protection and Fairness Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Canyon Ferry Yacht Basin Marina Act''. SEC. 2. DEFINITIONS. In this Act: (1) Concessionaire.--The term ``concessionaire'' means the person or entity that, in accordance with the lease numbered 5- LM-60-L3279, has the right to operate a public serve concession in the Yacht Basin Concession Area located in the SW \1/4\ sec. 10, T. 10 N., R. 1. W., Montana Principal Meridian. (2) Marina.--The term ``Marina'' means the Yacht Basin Marina located in the State of Montana on the Canyon Ferry Unit of the Pick-Sloan Missouri River Basin Program. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. SEC. 3. YACHT BASIN MARINA. (a) In General.--The Secretary shall-- (1) provide for the continued operation of the Marina; or (2) maintain a marina at Yacht Basin that provides at least as many services and facilities as are available at the Marina on the date of enactment of this Act. (b) Lease.-- (1) In general.--The lease described in section 2(1) shall be extended for an additional 10-year period beginning on the date of enactment of this Act. (2) Terms.-- (A) In general.--Except as provided under subparagraph (B), the terms of the lease extended under paragraph (1) shall be the same as the terms of the lease described in section 2(1). (B) Exception.--If the terms of the lease extended under paragraph (1) are more restrictive than the terms allowed at other marinas or similar Reclamation concessions in effect on the date of the extension, the Secretary and the Concessionaire shall, not later than 30 days after the date of enactment of this Act, amend the lease to incorporate the less restrictive terms. (C) Limitation.--The Secretary shall not include in the terms of the lease extended under paragraph (1) any terms that are more restrictive than the terms of the lease described in section 2(1). (3) Additional extensions.-- (A) In general.--In addition to the extension under paragraph (1), the Secretary shall, on request of the concessionaire and subject to subparagraph (B), extend the lease for not more than 4 additional 10-year periods. (B) Notice.--For an extension under subparagraph (A) to be valid, the concessionaire shall, at least 1 year before the date on which the lease is to expire, submit to the Secretary written notice that the concessionaire intends to request an extension to the lease. (C) Deadline for extension.-- (i) In general.--Not later than 1 year after the date on which the Secretary receives a request to extend the lease under subparagraph (A), the Secretary shall complete the requested lease extension. (ii) Automatic extension.-- (I) In general.--Except as provided in subclause (III), if the Secretary does not extend the lease within the time period specified in clause (i), the lease shall automatically be extended for an additional 10-year period. (II) Terms.--A lease automatically extended under subclause (I) shall include the latest terms and conditions accepted by the Secretary and the concessionaire. (D) Requirements.-- (i) In general.--Except as provided in clauses (ii) and (iii), a lease extended under subparagraph (A) may include terms requiring the concessionaire to meet any standards or regulations applicable to the operation of marinas or similar Reclamation concessions in effect on the date of the extension, with an emphasis on including standards or regulations relating to public safety. (ii) Exceptions.--Notwithstanding clause (i), the Secretary shall not include in the terms of a lease extended under subparagraph (A)-- (I) limitations on rental periods at boat docks; (II) provisions allowing the Secretary to take title to capital investments made by the concessionaire unless the Secretary compensates the concessionaire for the full market value of the investments; (III) provisions requiring the concessionaire to provide less services at the Marina than those which are provided under the lease in effect on the date of enactment of this Act; or (IV) provisions requiring the concessionaire to relocate the Marina. (iii) Limitation.--A lease extended under subparagraph (A) shall not include any terms that are more restrictive than the terms of the lease described in section 2(1). (E) Subsequent transfer.-- (i) In general.--Subject to clause (ii), the concessionaire may transfer ownership of concession facilities subject to a lease extended under subparagraph (A) at any time during the term of the term of the lease. (ii) Approval by secretary.-- (I) In general.--A transfer of ownership under clause (i) shall be subject to approval by the Secretary. (II) Requirements.--In determining whether to approve a transfer under subclause (I), the Secretary shall consider only whether the person or entity to which the facilities are to be transferred has the financial and managerial qualifications to assume the duties and responsibilities of the concessionaire under the terms of the lease. (III) Written notice.--The Secretary shall submit to the concessionaire and any person or entity to which the facilities are to be transferred written notice that specifies-- (aa) whether the Secretary has approved or disapproved the transfer; and (bb) the reasons for the approval or disapproval. (4) Review.--A concessionaire or any person or entity to which concession facilities are transferred under paragraph (3)(E) shall not be subject to any additional review by the Secretary with respect to an improvement or construction that has previously been inspected and approved by the Secretary, unless the Secretary determines that the construction or improvement poses a significant hazard to public safety or the environment. (5) Amendments.--Nothing in this Act affects the right of the Secretary or the concessionaire to-- (A) propose amendments to a lease extended under this section; and (B) include in a lease extended under this section any amendments to the lease that the Secretary and the concessionaire mutually agree on. (c) Boundary Expansion.-- (1) In general.--Nothing in this section prohibits the concessionaire, in cooperation with the Secretary, from expanding the boundary of the Marina to incorporate adjoining Reclamation land in the Marina for the purpose of-- (A) better serving the needs of the public; or (B) addressing expansion, safety, or security issues of the Marina. (2) Management.--The concessionaire shall manage any land incorporated under paragraph (1). (d) Erosion Control.--The Secretary shall work with the public, the concessionaire, and private landowners to remedy shoreline erosion in and around the Marina to prevent the loss of public and private property. SEC. 4. RECREATION FEES. Of the recreation fees collected at the Canyon Ferry Unit of the Pick-Sloan Missouri River Basin Program for fiscal year 2005 and each subsequent fiscal year, 80 percent shall be deposited in the recreation account for the Canyon Ferry Unit.

Canyon Ferry Yacht Basin Marina Act - Directs the Secretary of the Interior, acting through the Commissioner of Reclamation, to: (1) provide for the continued operation of the Yacht Basin Marina located on the Canyon Ferry Unit of the Pick-Sloan Missouri River Basin Program, Montana; or (2) maintain a marina at Yacht Basin that provides at least as many services and facilities as are available at the Marina on the date of this Act's enactment. Extends the lease for a public concession in the Yacht Basin Concession Area for ten years, with an exception. Bars the Secretary from including terms that are more restrictive than those of the earlier lease. Authorizes the Secretary, at the concessionaire's request and subject to specified notice, to extend the lease for up to four additional ten-year periods. Sets forth provisions regarding: (1) deadline extension and requirements (including with regard to meeting operating standards or regulations applicable to Reclamation concessions at the time, particularly concerning public safety); (2) subsequent transfer of ownership of concession facilities; (3) review by the Secretary if construction or improvement poses a significant hazard to public safety or the environment; (4) boundary expansion; and (5) erosion control. Requires 80 percent of the recreation fees collected at the Canyon Ferry Unit to be deposited in that Unit's recreation account.

A bill to provide for the continued operation of the Yacht Basin Marina, Montana, to allocate recreation fees collected at the Canyon Ferry Unit of the Pick-Sloan Missouri River Basin Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Competition Preservation Act of 2000''. SEC. 2. OVERSIGHT OF AIR CARRIER PRICING. (a) In General.--Chapter 415 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41512. Oversight of air carrier pricing ``(a) Effective Date.-- ``(1) In general.--This section shall take effect immediately upon a determination by the Secretary of Transportation that 3 or fewer air carriers account for 70 percent or more of the scheduled revenue passenger miles in interstate air transportation as a result of-- ``(A) the consolidation or merger of the properties (or a substantial portion of the properties) of 2 or more of the 7 air carriers that account for the highest number of scheduled revenue passenger miles in interstate air transportation into a single entity that owns or operates the properties previously in separate ownership; or ``(B) the acquisition (by purchase, lease, or contract to operate) of the properties (or a substantial portion of the properties) of 1 or more of the 7 air carriers described in subparagraph (A) by another of such carriers. ``(2) Use of data.--For the purpose of determining the number of scheduled revenue passenger miles under paragraph (1), the Secretary shall use data from the latest year for which complete data is available. ``(3) Determination of air carrier concentration.--In making a determination under paragraph (1), the Secretary shall attribute to an air carrier those scheduled revenue passenger miles in interstate air transportation of the air carrier that is consolidated, merged, or acquired that are associated with routes adopted by the remaining carrier. ``(b) Fares of Air Carriers.-- ``(1) In general.--On the initiative of the Secretary or on a complaint filed with the Secretary, the Secretary may undertake an investigation to determine whether an air carrier is charging a fare or an average fare for interstate air transportation on a route that is unreasonably high. ``(2) Considerations.--In determining whether a fare or an average fare of an air carrier for interstate air transportation on a route is unreasonably high, the Secretary shall consider, among other factors, whether-- ``(A) the fare or average fare is higher than the fare or average fare charged by the carrier on other routes in interstate air transportation of comparable distances; ``(B) the fare or average fare has increased by a significant amount in excess of any increase in the cost to operate flights on the route; and ``(C) the range of fares specified on the route or the carrier's entire fare system offers a reasonable balance and a fair allocation of costs between passengers who are primarily price sensitive and passengers who are primarily time sensitive. ``(3) Actions in response to unreasonable fares.--If the Secretary determines that an air carrier is charging a fare or an average fare for interstate air transportation on a route that is unreasonably high, the Secretary, after providing the carrier an opportunity for a hearing, may order the carrier-- ``(A) to reduce the fare; ``(B) to offer the reduced fare for a specific number of seats on the route; and ``(C) to offer rebates to individuals who have been charged the fare. ``(4) Period of effectiveness of order.--An order issued by the Secretary under this subsection shall remain in effect for a period to be determined by the Secretary. ``(c) Actions of Dominant Air Carriers in Response to New Entrants.--If, with respect to a route in interstate air transportation to or from a hub airport, a dominant air carrier at the airport-- ``(1) institutes or changes its fares for air transportation on the route in a manner that results in fares that are lower than or comparable to the fares offered by a new entrant air carrier for such air transportation; and ``(2) increases the passenger capacity at which such fares are offered on the route to a level which is-- ``(A) 2 or more times the capacity previously offered by the carrier at such fares on the route; and ``(B) 2 or more times the total capacity offered by the new entrant air carrier on the route, the dominant air carrier, in the 2-year period beginning on the date that such fares and additional capacity are instituted, shall continue to offer such fares with respect to not less than 80 percent of the highest number of seats per week for which the dominant air carrier has offered the fares. ``(d) Ensuring Competition at Hub Airports.-- ``(1) In general.--On the initiative of the Secretary or on a complaint filed with the Secretary, the Secretary may undertake an investigation to determine whether a dominant air carrier at a hub airport is charging higher than average fares at the airport. ``(2) Higher than average fares.--For purposes of paragraph (1), the Secretary may determine that a dominant air carrier is charging higher than average fares at a hub airport if the carrier is charging, with respect to 20 percent or more of its routes in interstate air transportation that begin or end at the airport, an average fare that is at least 5 percent higher than the average fare being charged by all air carriers on routes in interstate air transportation of comparable distances and density, after adjustments for costs that are carrier or airport specific, such as passenger facility charges or employee compensation. ``(3) Actions in response to unfair competition.--If the Secretary determines under paragraph (1) that a dominant air carrier is charging higher than average fares at a hub airport, the Secretary, after providing the carrier an opportunity for a hearing, may order the carrier to take actions to increase opportunities for competition at the hub airport, including-- ``(A) requiring the carrier to make gates, slots, and other airport facilities available to other air carriers on reasonable and competitive terms; ``(B) requiring adjustments in the commissions paid by the carrier to travel agents; ``(C) requiring adjustments in the carrier's frequent flyer program; and ``(D) requiring adjustments in the carrier's corporate discount arrangements and comparable corporate arrangements. ``(e) Definitions.--In this section, the following definitions apply: ``(1) Dominant air carrier.--The term `dominant air carrier', with respect to a hub airport, means an air carrier that accounts for more than 50 percent of the total annual boardings at the airport in the preceding 2-year period or a shorter period specified in paragraph (3). ``(2) Hub airport.--The term `hub airport' means an airport that each year has at least .25 percent of the total annual boardings in the United States. ``(3) Interstate air transportation.--The term `interstate air transportation' includes intrastate air transportation. ``(4) New entrant air carrier.--The term `new entrant air carrier', with respect to a hub airport, means an air carrier that accounts for less than 5 percent of the total annual boardings at the airport in the preceding 2-year period or in a shorter period specified by the Secretary if the carrier has operated at the airport less than 2 years.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``41512. Oversight of air carrier pricing.''.

Provides for a situation where, with respect to an interstate route to or from a hub airport, a dominant air carrier (which accounts for more than 50 percent of total annual boardings) at the airport: (1) institutes or changes its fares in a manner that results in fares lower than or comparable to those offered by a new entrant air carrier; and (2) increases the passenger capacity at which such fares are offered to a level which is two or more times the capacity previously offered by the carrier at such fares on the route, and two or more times the total capacity offered by the new entrant air carrier on the route. Requires the dominant air carrier in such a situation, in the two-year period beginning when such fares and additional capacity are instituted, to continue to offer such fares with respect to at least 80 percent of the highest number of seats per week for which the dominant air carrier has offered them. Authorizes the Secretary, on his or her own initiative or on a complaint, to: (1) investigate to determine whether a dominant air carrier at a hub airport is charging higher than average fares at the airport; and (2) upon an affirmative finding, order the carrier to take specified actions to increase opportunities for competition at the hub airport. Makes this Act effective immediately upon the Secretary's determination that three or fewer air carriers account for 70 percent or more of the scheduled revenue passenger miles in interstate air transportation as a result of specified consolidations, mergers, or acquisitions.

Airline Competition Preservation Act of 2000

SECTION 1. CONSENT OF CONGRESS. (a) In General.--The consent and approval of Congress is given to an interstate forest fire protection compact, as set out in subsection (b). (b) Compact.--The compact reads substantially as follows: ``THE NORTHWEST WILDLAND FIRE PROTECTION AGREEMENT ``THIS AGREEMENT is entered into by and between the State, Provincial, and Territorial wildland fire protection agencies signatory hereto, hereinafter referred to as ``Members''. ``FOR AND IN CONSIDERATION OF the following terms and conditions, the Members agree: ``Article I ``1.1 The purpose of this Agreement is to promote effective prevention, presuppression and control of forest fires in the Northwest wildland region of the United States and adjacent areas of Canada (by the Members) by providing mutual aid in prevention, presuppression and control of wildland fires, and by establishing procedures in operating plans that will facilitate such aid. ``Article II ``2.1 The agreement shall become effective for those Members ratifying it whenever any two or more Members, the States of Oregon, Washington, Alaska, Idaho, Montana, or the Yukon Territory, or the Province of British Columbia, or the Province of Alberta have ratified it. ``2.2 Any State, Province, or Territory not mentioned in this Article which is contiguous to any Member may become a party to this Agreement subject to unanimous approval of the Members. ``Article III ``3.1 The role of the Members is to determine from time to time such methods, practices, circumstances and conditions as may be found for enhancing the prevention, presuppression, and control of forest fires in the area comprising the Member's territory; to coordinate the plans and the work of the appropriate agencies of the Members; and to coordinate the rendering of aid by the Members to each other in fighting wildland fires. ``3.2 The Members may develop cooperative operating plans for the programs covered by this Agreement. Operating plans shall include definition of terms, fiscal procedures, personnel contacts, resources available, and standards applicable to the program. Other sections may be added as necessary. ``Article IV ``4.1 A majority of Members shall constitute a quorum for the transaction of its general business. Motions of Members present shall be carried by a simple majority except as stated in Article II. Each Member will have one vote on motions brought before them. ``Article V ``5.1 Whenever a Member requests aid from any other Member in controlling or preventing wildland fires, the Members agree, to the extent they possibly can, to render all possible aid. ``Article VI ``6.1 Whenever the forces of any Member are aiding another Member under this Agreement, the employees of such Member shall operate under the direction of the officers of the Member to which they are rendering aid and be considered agents of the Member they are rendering aid to and, therefore, have the same privileges and immunities as comparable employees of the Member to which the are rendering aid. ``6.2 No Member or its officers or employees rendering aid within another State, Territory, or Province, pursuant to this Agreement shall be liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith to the extent authorized by the laws of the Member receiving the assistance. The receiving Member, to the extent authorized by the laws of the State, Territory, or Province, agrees to indemnify and save-harmless the assisting Member from any such liability. ``6.3 Any Member rendering outside aid pursuant to this Agreement shall be reimbursed by the Member receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment and for the cost of all materials, transportation, wages, salaries and maintenance of personnel and equipment incurred in connection with such request in accordance with the provisions of the previous section. Nothing contained herein shall prevent any assisting Member from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving Member without charge or cost. ``6.4 For purposes of the Agreement, personnel shall be considered employees of each sending Member for the payment of compensation to injured employees and death benefits to the representatives of deceased employees injured or killed while rendering aid to another Member pursuant to this Agreement. ``6.5 The Members shall formulate procedures for claims and reimbursement under the provisions of this Article. ``Article VII ``7.1 When appropriations for support of this agreement, or for the support of common services in executing this agreement, are needed, costs will be allocated equally among the Members. ``7.2 As necessary, Members shall keep accurate books of account, showing in full, its receipts and disbursements, and the books of account shall be open at any reasonable time to the inspection of representatives of the Members. ``7.3 The Members may accept any and all donations, gifts, and grants of money, equipment, supplies, materials and services from the Federal or any local government, or any agency thereof and from any person, firm or corporation, for any of its purposes and functions under this Agreement, and may receive and use the same subject to the terms, conditions, and regulations governing such donations, gifts, and grants. ``Article VIII ``8.1 Nothing in this Agreement shall be construed to limit or restrict the powers of any Member to provide for the prevention, control, and extinguishment of wildland fires or to prohibit the enactment of enforcement of State, Territorial, or Provincial laws, rules or regulations intended to aid in such prevention, control and extinguishment of wildland fires in such State, Territory, or Province. ``8.2 Nothing in this Agreement shall be construed to affect any existing or future Cooperative Agreement between Members and/or their respective Federal agencies. ``Article IX ``9.1 The Members may request the United States Forest Service to act as the coordinating agency of the Northwest Wildland Fire Protection Agreement in cooperation with the appropriate agencies for each Member. ``9.2 The Members will hold an annual meeting to review the terms of this Agreement, any applicable Operating Plans, and make necessary modifications. ``9.3 Amendments to this Agreement can be made by simple majority vote of the Members and will take effect immediately upon passage. ``Article X ``10.1 This Agreement shall continue in force on each Member until such Member takes action to withdraw therefrom. Such action shall not be effective until 60 days after notice thereof has been sent to all other Members. ``Article XI ``11.1 Nothing is this Agreement shall obligate the funds of any Member beyond those approved by appropriate legislative action.''. SEC. 2. OTHER STATES. Without further submission of the compact, the consent of Congress is given to any State to become a party to it in accordance with its terms. SEC. 3. RIGHTS RESERVED. The right to alter, amend, or repeal this Act is expressly reserved. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Interstate Compact - Grants the consent of the Congress to the Northwestern Wildland Fire Protection Agreement to promote effective prevention, presuppression, and control of forest fires in the Northwestern wildland region of the United States and adjacent areas of Canada.

A bill granting the consent and approval of Congress to an interstate forest fire protection compact.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Entrepreneurial Transition Act of 2011'' or the ``VET Act of 2011''. SEC. 2. ESTABLISHMENT OF SMALL BUSINESS PROGRAM. The Secretary of Veterans Affairs shall establish a program under which the Secretary shall allow eligible veterans to participate in the program described under section 3. SEC. 3. VETERANS SMALL BUSINESS ENTREPRENEURSHIP PROGRAM. (a) Establishment.--The Secretary of Veterans Affairs shall, in consultation with the Administrator of the Small Business Administration, establish a program (hereinafter in this Act referred to as ``the Program'') under which the Secretary may approve an eligible veteran to use Program benefits to start or acquire a qualifying business enterprise. (b) Amount and Payment of Benefits.-- (1) In general.--Under the Program, the Secretary shall provide for an eligible veteran to use the veteran's entitlement to educational assistance under chapter 30 or 33 of title 38, United States Code, in accordance with this Act. (2) Amount.-- (A) In general.--The maximum amount of benefits made available to a veteran under the Program shall not exceed the maximum value of-- (i) in the case of a veteran entitled to educational assistance under chapter 33 of title 38, United States Code, the amount equal to 36 months of educational assistance at the rate in effect under section 3313(c)(ii)(II) of such title; and (ii) in the case of a veteran entitled to educational assistance under chapter 30 of such title, the amount equal to 36 months of educational assistance at the rate in effect under section 3015(a)(1) of such title. (B) Charge to entitlement.--A veteran who receives a payment under the Program shall be charged for 36 months of the veteran's entitlement to educational assistance under chapter 30 or 33 of title 38, United States Code. (3) Payment.--Payments to eligible veterans under the Program shall be made as follows: (A) In the case of a veteran who is using the funds to start a new business enterprise, payment shall be made in not less than two lump-sum amounts, the first of which shall not exceed $2,500, to be used for the development of the business plan, and the balance to be paid upon the approval of the business plan. (B) In the case of a veteran who is using the funds to purchase an existing business enterprise or franchise business enterprise, payment shall be made in one lump-sum amount. (C) In the case of a veteran who is using the funds to purchase capital equipment, durable expense items, or professional services that the Secretary determines are essential to operating a qualifying business, payment shall be made in one or more lump-sum amounts. (c) Eligibility.--An individual shall be an eligible veteran for purposes of the Program if that individual-- (1) is a veteran; (2) has completed at least-- (A) 36 months of full-time active duty service in the Armed Forces; or (B) 24 months of full-time active duty service in the Armed Forces before being discharged or separated for a service-connected disability, as that term is defined in section 101 of title 38, United States Code; (3) is entitled to 36 months of educational assistance under chapter 30 or 33 of title 38, United States Code; (4) has last been discharged or separated from active duty service in the Armed Forces not more than 15 years before submitting an application to participate in the Program; and (5) submits to the Secretary an application, in such form and containing such information as the Secretary may require, including the information described in subsection (f). (d) Use of Program Benefits.--An eligible veteran participating in the Program may use the Program benefits-- (1) in accordance with such limitations as the Secretary, in consultation with the Administrator, may by rule establish; and (2) for such purposes related to starting or acquiring a qualifying business enterprise as the Secretary, in consultation with the Administrator, determines appropriate, including-- (A) purchasing goods or services necessary for the operation, expansion, or startup of a qualifying business enterprise; (B) funding a project that is directed toward any economic development objective described under section 501(d) of the Small Business Investment Act of 1958; (C) attending an entrepreneurship readiness program approved by the Secretary and designed to prepare the veteran for, and lead to the immediate subsequent ownership and management by the veteran of, a qualifying business enterprise; and (D) acquiring a qualifying business enterprise. (e) Qualifying Business Enterprises.--The Secretary, in consultation with the Administrator, shall by rule establish a list of categories of business enterprises that the Secretary determines to be ``qualifying business enterprises'' for purposes of the Program, including the following: (1) A small business concern (as such term is defined in section 3(a) of the Small Business Act). (2) Franchise business enterprises. (3) Existing business enterprises in which the eligible veteran has an ownership stake. (4) Any other business enterprise the Secretary, in consultation with the Administrator, determines appropriate and in accordance with the purposes of the Program. (f) Documentation Requirements.--The Secretary, in considering an application from an eligible veteran, may not approve that application unless that application includes the following: (1) A description of the use of the Program benefits, including an identification and description of the qualifying business enterprise. (2) A certification that the eligible veteran applying to participate in the Program shall complete such education and training relevant to the ownership and operation of the qualifying business enterprise as the Secretary determines appropriate, including, in the case of a startup, a Small Business Development Center program (as described in section 21 of the Small Business Act) designed to result in the completion of a business plan for the qualifying business enterprise. (3) With regard to each category of qualifying business enterprise (as established in the list described in subsection (e)), such certifications as the Secretary, in consultation with the Administrator, shall by rule require, including-- (A) in the case of a business enterprise already in operation at the time of the application, such evidence as the Secretary, in consultation with the Administrator, determines appropriate of-- (i) good standing; (ii) profitable operation; and (iii) guarantees pertaining to the purchase of the enterprise; (B) in the case of a franchise business enterprise, such evidence as the Secretary, in consultation with the Administrator, determines appropriate of-- (i) compliance with applicable State and Federal laws on franchises; (ii) training in conformation with the industry standard; and (iii) an acceptably low loan failure rate of similarly situated business enterprises for loans guaranteed under the Small Business Act; and (C) in the case of a business enterprise that is a startup, or that is otherwise not in operation at the time of the application-- (i) a business plan for the operation of that enterprise, prepared with the assistance of any agency that the Secretary determines appropriate, that leads to profitable operation within a reasonable time frame, and that includes such other information as the Secretary, in consultation with the Administrator, determines appropriate; or (ii) a business plan approved by a person designated by the Secretary, in consultation with the Administrator, from among-- (I) any department or agency of the Federal government; (II) an institution or higher learning; or (III) a non profit enterprise. SEC. 4. USE OF BENEFITS IN QUALIFYING FOR SMALL BUSINESS LOANS AND FARM LOAN. (a) Small Business Loans.--In determining the creditworthiness of a veteran for a loan guaranteed by the Administrator under the Small Business Act, all benefits made available to the veteran under the program established under section 3 shall be taken into account. (b) Farm Loans.--In determining the creditworthiness of a veteran for a loan made or guaranteed pursuant to the Consolidated Farm and Rural Development Act, the Secretary of Agriculture shall take into account all benefits made available to the veteran under the program established under section 3. SEC. 5. SURVIVORS' BENEFITS. (a) In General.--In the event that a veteran who has received more than $2,500 in benefits under this Act dies before receiving the balance of any benefits payable to the veteran under this Act, the Secretary may pay any benefits approved to be paid to the veteran to a survivor of the veteran who is designated by the veteran for such purpose. (b) Limitation on Survivor Eligibility.--To be eligible to be a survivor of a veteran for purposes of this section, an individual must be at least 18 years of age at the time of death of the veteran and must have inherited the business from the veteran at the time of the veteran's death. (c) Period of Survivor Eligibility.--The period during which a survivor of a veteran is eligible to receive benefits under this section is the greater of-- (1) the five-year period beginning on the date of the veteran's death; or (2) the period beginning on the date of the veteran's death and ending upon the termination of the longest term of any business loan obtained by the veteran before the veteran's death for the business enterprise for which the veteran received benefits under this Act. (d) Limitation on Use of Funds To Secure Loans.--A survivor of a veteran who receives benefits under this section may not use the benefits to secure any new loan. (e) Duplication of Benefits.--If the survivor of a veteran who receives benefits under this section is also eligible to receive benefits under section 3, the survivor may not use benefits payable under section 3 for a business enterprise other than the business enterprise for which the veteran receives benefits under this section. The survivor may use benefit payable to the survivor under section 3 to affect the transfer into the survivor's name of 100 percent of the assets, liabilities, and operations of the business enterprise for which the veteran receives benefits under this section. SEC. 6. DEFINITIONS. In this Act: (1) The term ``Secretary'' means the Secretary of Veterans Affairs. (2) The term ``Administrator'' means the Administrator of the Small Business Administration. (3) The term ``veteran'' has the meaning given that term in section 101 of title 38, United States Code. (4) The term ``institution of higher learning'' has the meaning given such term in 3452(f) of title 38, United States Code. (5) The term ``Program benefits'' means payments described in section 3. (6) The term ``franchise business enterprise'' means any continuing commercial relationship or arrangement, whatever it may be called, in which the terms of the offer or contract specify, or the franchise seller promises or represents, orally or in writing, that-- (A) the franchisee will obtain the right to operate a business that is identified or associated with the franchisor's trademark, or to offer, sell, or distribute goods, services, or commodities that are identified or associated with the franchisor's trademark; (B) the franchisor will exert or has authority to exert a significant degree of control over the franchisee's method of operation, or provide significant assistance in the franchisee's method of operation; and (C) as a condition of obtaining or commencing operation of the franchise business enterprise, the franchisee makes a required payment or commits to make a required payment to the franchisor or its affiliate. (7) The term ``franchisee'' means any person who is granted a franchise business enterprise. (8) The term ``franchisor'' means any person who grants a franchise business enterprise and participates in the franchise relationship. Unless otherwise stated, such term includes subfranchisors. (9) The term ``subfranchisor'' means a person who functions as a franchisor by engaging in both pre-sale activities and post-sale performance. SEC. 7. EFFECTIVE DATE. This Act shall take effect on the date that is one year after the date of the enactment of this Act.

Veterans Entrepreneurial Transition Act of 2011 or the VET Act of 2011 - Directs the Secretary of Veterans Affairs (VA) to establish a veterans small business entrepreneurship program under which the Secretary may approve an eligible veteran entitled to certain VA educational assistance (under the all-volunteer force or post-9/11 educational assistance programs) to use up to a specified amount of such entitlements to start or acquire a qualifying business enterprise. Limits eligibility for the program to veterans who: (1) have completed at least 36 months of full-time active duty service in the Armed Forces or 24 months of such service before being discharged or separated for a service-connected disability, (2) are entitled to 36 months of such educational assistance, and (3) has last been discharged or separated from active duty service a maximum of 15 years before submitting an application with specified information. Allows a participating veteran to use program benefits, in accordance with limitations the Secretary establishes by rule, for purposes related to starting or acquiring a qualifying business enterprise, including: (1) purchasing goods or services necessary for the operation, expansion, or startup of such an enterprise; (2) funding a project directed toward any economic development objective described under specified provisions of the Small Business Investment Act of 1958; (3) attending an entrepreneurship readiness program to prepare the veteran for, and lead to the immediate subsequent ownership and management by the veteran of, such an enterprise; and (4) acquiring such an enterprise. Directs the Secretary to establish a list of qualifying business enterprise categories including: (1) small businesses, (2) franchise business enterprises, (3) existing business enterprises in which the veteran has an ownership stake, and (4) any other business enterprise determined appropriate by the Secretary. Requires that benefits made available to veterans under the program be taken into account in determining a veteran's creditworthiness for small business loans guaranteed under the Small Business Act and for farm loans made or guaranteed pursuant to the Consolidated Farm and Rural Development Act. Authorizes the Secretary, in the event a veteran dies before receiving the balance of benefits payable under this Act, to pay the approved benefits to a survivor designated by the veteran under specified circumstances.

To direct the Secretary of Veterans Affairs to establish a program under which certain veterans entitled to educational assistance under the laws administered by the Secretary can use such entitlement to start or purchase a qualifying business enterprise, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fighting for American Industry's Right to Enforcement Against Duty Evasion Act'' or the ``FAIR Enforcement Against Duty Evasion Act of 2011''. SEC. 2. TERMINATION OF AVAILABILITY OF BONDS FOR NEW SHIPPERS. Section 751(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 1675(a)(2)(B)) is amended-- (1) by striking clause (iii); and (2) by redesignating clause (iv) as clause (iii). SEC. 3. COLLECTION OF IDENTIFICATION RELATING TO IMPORTERS. (a) In General.--Section 641 of the Tariff Act of 1930 (19 U.S.C. 1641) is amended by adding at the end the following: ``(i) Identification of Customers.-- ``(1) In general.--Subject to the requirements of this subsection, the Secretary shall prescribe regulations setting forth the minimum standards for customs brokers and their customers regarding the identity of the customer that shall apply in connection with the importation of merchandise into the United States. ``(2) Minimum requirements.--The regulations shall, at a minimum, require customs brokers to implement, and customers (after being given adequate notice) to comply with, reasonable procedures for-- ``(A) collecting the identity of any person seeking to import merchandise into the United States to the extent reasonable and practicable; ``(B) collecting the identity of any non-United States person seeking to import merchandise into the United States to the extent reasonable and practicable; and ``(C) maintaining records of the information used to substantiate a person's identity, including name, address, and other identifying information. ``(3) Penalties.--Any customs broker who fails to collect information required under the regulations prescribed under this subsection shall be liable to the United States, at the discretion of the Secretary, for a monetary penalty not to exceed $10,000 for each violation of those regulations and to revocation or suspension of license or permit pursuant to the procedures set forth in subsection (d). ``(4) Establishment of safe harbors.--Not later than 60 days after the date of the enactment of this subsection, the Secretary shall publish a notice in the Federal Register soliciting proposals, which shall be accepted during a 60-day period, for the specification of practices for which penalties will not be imposed under this subsection. After considering the proposals so submitted, the Secretary, shall publish in the Federal Register, including a 60-day period for comment, proposed specified practices for which such penalties will not be imposed. After considering any public comments received during such period, the Secretary shall issue final regulations specifying such practices. ``(5) Effective date.--Final regulations prescribed under this subsection shall take effect before the end of the 1-year period beginning on the date of the enactment of this subsection.''. (b) Study and Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with relevant Federal regulators shall submit a report to the Congress containing recommendations for-- (1) determining the most timely and effective way to require foreign nationals to provide customs brokers and agencies with appropriate and accurate information, comparable to that which is required of United States nationals, concerning the identity, address, and other related information about such foreign nationals necessary to enable customs brokers and agencies to comply with the requirements of section 641(i) of the Tariff Act of 1930 (as added by subsection (a)); and (2) establishing a system for customs brokers and agencies to review information maintained by relevant Government agencies for purposes of verifying the identities of foreign nationals and United States nationals seeking to import merchandise into the United States. SEC. 4. IMPORTER OF RECORD DATABASE. (a) Improvement of Importer of Record Database.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall implement the following improvements to the importer of record database: (1) Include a history of importer of record numbers associated with each importer of record. (2) Provide a system to evaluate the accuracy of the database maintained with respect to each importer of record. (3) Establish a system that ensures that duplicate importer of record numbers are not issued. (4) Establish a system for updating the database described in this subsection on a regular basis, but not less frequently than once a year. (5) Establish a system that enables customs brokers to verify the information required under section 641(i) of the Tariff Act of 1930 (as added by section 3(a) of this Act). (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the improvements made to the importer of record program pursuant to this section.

Fighting for American Industry's Right to Enforcement Against Duty Evasion Act or FAIR Enforcement Against Duty Evasion Act of 2011 - Amends the Tariff Act of 1930 to eliminate the option of an importer to post a bond or security in lieu of a cash deposit for each entry of merchandise exported into the United States by a new exporter (shipper) and producer that is the subject of a review by the administering authority as to whether antidumping or countervailing duties shall be imposed on such merchandise. Directs the Secretary of the Treasury to prescribe minimum standards to require customs brokers to implement, and customers (importers) to comply with, reasonable procedures for collecting information to identify U.S. and non-U.S. customers seeking to import merchandise into the United States. Directs the Secretary to report to Congress recommendations for: (1) determining the most effective way to require foreign nationals to provide customs brokers and federal agencies with accurate information, comparable to that required of U.S. nationals, on the identity of foreign nationals seeking to import merchandise into the United States; and (2) establishing a system for such brokers and agencies to review information maintained by relevant federal agencies to verify the identity of foreign nationals and U.S. nationals who seek to import merchandise into the United States. Directs the Secretary of Homeland Security (DHS) to implement certain modifications to the importer of record database.

A bill to improve the importer of record program and the collection of fees and duties in connection with the importation of merchandise into the United States, and for other purposes.

SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that, in carrying out title I of the Clean Air Act (42 U.S.C. 7401 et seq.), the Administrator of the Environmental Protection Agency (referred to in this Act as the ``Administrator'') has failed to-- (1) adequately consider alternative programs to centralized vehicle emission testing programs, as required by section 182(c)(3)(C)(vi) of such Act (42 U.S.C. 7511a(c)(3)(C)(vi)); and (2) provide adequate credit to States for the alternative programs. (b) Purpose.--The purpose of this Act is to require the Administrator to-- (1) reassess the determinations of the Administrator with respect to the equivalency of centralized and decentralized programs under section 182(c)(3)(C)(vi) of such Act (42 U.S.C. 7511a(c)(3)(C)(vi)); and (2) issue new regulations governing the programs that-- (A) result in minimum disruption to the ability of States to comply with other requirements of such Act (42 U.S.C. 7401 et seq.); and (B) provide States a reasonable opportunity to comply with the new regulations and implement decentralized testing programs. SEC. 2. IMPLEMENTATION OF ENHANCED VEHICLE INSPECTION PROGRAMS. (a) In General.--Notwithstanding any other provision of law, a State shall not be required to implement an enhanced vehicle inspection and maintenance program under section 182(c)(3) of the Clean Air Act (42 U.S.C. 7511a(c)(3)) prior to March 1, 1996. (b) Reassessment of Regulations.-- (1) In general.--The Administrator shall-- (A) immediately rescind the regulations issued on November 5, 1992 (57 Fed. Reg. 52950), relating to operation of the program described in subsection (a) on a centralized basis; and (B) during the period beginning on the date of enactment of this Act and ending on March 1, 1996-- (i) reassess the determinations made by the Administrator with respect to operation of the program described in subsection (a) on a centralized basis, taking into consideration comments submitted by States; and (ii) issue new regulations relating to operation of the program described in subsection (a) on a centralized basis or decentralized basis, at the option of each State. (2) Requirements.--The regulations issued under paragraph (1)(B)(ii) shall-- (A) in accordance with the intent of section 182(c)(3)(C)(vi) of the Clean Air Act (42 U.S.C. 7511a(c)(3)(C)(vi))-- (i) make reasonably available to States the option of operation of the program described in subsection (a) on a decentralized basis; and (ii) establish criteria that a State must meet in order to demonstrate that a decentralized program of the State is equally effective as a centralized program; and (B)(i) provide each State a reasonable opportunity to submit (at the option of the State) a new revision to a plan under section 182(c)(3) of such Act (42 U.S.C. 7511a(c)(3)) based on the new regulations, which revision shall replace any revision to a plan previously submitted by the State under section 182(c)(3) of such Act; and (ii) include a schedule that provides States a reasonable opportunity to implement any new revisions to plans that they submit. (3) Judicial review.--Notwithstanding section 706 of title 5, United States Code, or any other provision of law, if the regulations issued pursuant to paragraph (1)(B)(ii) are reviewed by a court, the court shall hold unlawful and set aside the regulations if the regulations are found to be unsupported by a preponderance of the evidence. (c) Prohibition on Imposition of Sanctions.--Until such time as the Administrator has carried out subsection (b)(1)-- (1) the Administrator may not issue a finding, disapproval, or determination under section 179(a) of the Clean Air Act (42 U.S.C. 7509(a)), or apply a sanction specified in section 179(b) of such Act, to a State with respect to a failure to implement a program described in subsection (a), or any portion of such a program; and (2) the Administrator and the Administrator of the Federal Highway Administration of the Department of Transportation may not take any adverse action, against a State with respect to a failure described in paragraph (1), under-- (A) section 176 of the Clean Air Act (42 U.S.C. 7506); (B) chapter 53 of title 49, United States Code; (C) subpart T of part 51, or subpart A of part 93, of title 40, Code of Federal Regulations (commonly known as the ``transportation conformity rule''); or (D) part 6, 51, or 93 of title 40, Code of Federal Regulations (commonly known as the ``general conformity rule''). (d) Full Credit for Decentralized Programs.--Until such time as the Administrator has carried out subsection (b)(1), for the purpose of the attainment demonstration and the reasonable further progress demonstration required under section 182(c)(2) of the Clean Air Act (42 U.S.C. 7511a(c)(2)), the Administrator shall-- (1) deem that the emission reductions calculated by States for inspection and maintenance under their State implementation plans would be achieved as if the planned program had been implemented; or (2) if appropriate, consider the operation of the program described in subsection (a) on a decentralized basis as equivalent to the operation of the program on a centralized basis in any case in which a State demonstrates that a determination of such an equivalency is reasonable.

Provides that States will not be required to implement enhanced vehicle inspection and maintenance programs under the Clean Air Act prior to March 1, 1996. Directs the Administrator of the Environmental Protection Agency to immediately rescind regulations relating to the operation of such programs on a centralized basis and issue new regulations to allow the operation of such programs on a centralized or decentralized basis at the option of each State. Prohibits, until the Administrator carries out such requirements, the imposition of sanctions for failures by States to implement such programs or specified adverse actions against States by the Administrator or the Administrator of the Federal Highway Administration. Requires the Administrator to: (1) deem that emissions reductions calculated by States for inspection and maintenance under State implementation plans would be achieved as if the planned program had been implemented; or (2) consider the operation of the program on a decentralized basis as equivalent to operation on a centralized basis if the State demonstrates that such equivalency is reasonable.

A bill to delay the required implementation date for enhanced vehicle inspection and maintenance programs under the Clean Air Act and to require the Administrator of the Environmental Protection Agency to reissue the regulations relating to the programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Oil Spills Act'' or the ``SOS Act''. SEC. 2. OFFSHORE DRILLING SAFETY TECHNOLOGY DEVELOPMENT. (a) Subtitle J of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16371-16378) is amended to read as follows: ``Subtitle J--Offshore Drilling Safety Technology Development ``SEC. 999. INNOVATIVE OFFSHORE DRILLING SAFETY TECHNOLOGY PROGRAM. ``(a) Definitions.--For purposes of this section: ``(1) Advisory committee.--The term `Advisory Committee' means the SOS Fund Technical Advisory Committee established under subsection (f). ``(2) Award.--The term `award' means a grant, contract, or cooperative agreement. ``(3) Blowout preventer.--The term `blowout preventer' means a device installed on an offshore well that uses one or more valves, rams, or preventers to control or stop any otherwise uncontrolled flow of hydrocarbons or drilling fluids from the well. ``(4) Deepwater.--The term `deepwater' means a water depth that is greater than 200 but less than 1,500 meters. ``(5) Fund.--The term `Fund' means the Safety and Offshore Spills (SOS) Fund established under subsection (g). ``(6) Remotely operated vehicle.--The term `remotely operated vehicle' means a remotely controlled unmanned submersible vehicle, used to inspect, control, or perform operations on a blowout preventer or other subsea drilling equipment. ``(7) Secondary control system.--The term `secondary control system' means a system, such as a deadman, autoshear, or acoustic switch, designed to activate blowout preventer components to shut in an offshore well in the event of an emergency event such as a loss of communication with or power to the blowout preventer. ``(8) Ultra-deepwater.--The term `ultra-deepwater' means a water depth that is equal to or greater than 1,500 meters. ``(b) Program Establishment.--Not later than 180 days after the date of enactment of this section, the Secretary, in consultation with the Secretary of Interior, shall establish a program, in accordance with the requirements of this section, to provide awards to support the development, demonstration, and commercialization of innovative technologies to prevent, stop, or capture large-scale accidental discharges of oil or other hydrocarbons from offshore oil and gas drilling operations, including deepwater and ultra-deepwater operations. ``(c) Focus Areas for Awards.--Awards provided under this section shall focus on new technologies or innovative improvements to existing technologies, including-- ``(1) blowout preventers; ``(2) secondary control systems; ``(3) remotely operated vehicles; and ``(4) prefabricated systems or technologies to stop or capture a large-scale hydrocarbon discharge from an offshore well, at or near the source of such discharge, in the event of the failure of a blowout preventer. ``(d) Project Selection.--The Secretary shall issue solicitations for applications for awards under this section and shall select projects for awards, on a competitive basis, based on-- ``(1) potential for commercialization of the relevant technology; ``(2) potential to enhance industry's capacity to prevent, stop, or contain a large-scale accidental discharge of oil or other hydrocarbons from offshore drilling operations; and ``(3) such other factors as the Secretary may prescribe. ``(e) Annual Plan.-- ``(1) In general.--The program under this section shall be carried out pursuant to annual plans prepared by the Secretary in accordance with the requirements of this subsection, which shall describe the ongoing and prospective activities of the program under this section. ``(2) Outside bodies.--In formulating each annual plan under this subsection, the Secretary shall-- ``(A) solicit and take into consideration recommendations from the Advisory Committee; and ``(B) take into consideration the needs identified and recommendations set forth by any independent commission established by the President to investigate the Deepwater Horizon oil spill and by the Interagency Coordinating Committee on Oil Pollution Research established pursuant to section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761). ``(3) Publication.--Not later than November 30 of 2010 and each calendar year thereafter through 2016, the Secretary shall transmit to Congress and publish on the Internet the annual plan for the succeeding year, together with the recommendations provided by the Advisory Committee with regard to such plan. ``(f) Technical Advisory Committee.-- ``(1) Establishment.--Not later than 60 days after the date of enactment of this section, the Secretary shall establish an independent advisory committee to be known as the SOS Fund Technical Advisory Committee. ``(2) Membership.--The Advisory Committee shall consist of at least 9 members. Each member shall have extensive research or operational knowledge of safety technologies associated with offshore oil and gas exploration and production. The Secretary shall appoint Advisory Committee members, including a chair and vice-chair of the Advisory Committee. Terms shall be 3 years in length, except for initial terms, which may be up to 5 years in length to allow staggering. Members may be reappointed only once for an additional 3-year term. ``(3) Duties.--The Advisory Committee shall advise the Secretary on the development and implementation of programs under this section, including by reviewing and providing recommendations with regard to each annual plan under subsection (e). ``(4) Compensation.--A member of the Advisory Committee shall serve without compensation but shall receive travel expenses in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. ``(g) Funding.-- ``(1) Fund.--There is hereby established in the Treasury of the United States a separate fund to be known as the Safety and Offshore Spill (SOS) Fund. ``(2) Oil and gas lease income.--For each of fiscal years 2011 through 2017, from any Federal royalties, rents, and bonuses derived from Federal onshore and offshore oil and gas leases issued under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) which are deposited in the Treasury, and after distribution of any such funds as described in paragraph (3), $50,000,000 shall be deposited into the Fund. ``(3) Prior distributions.--The distributions described in paragraph (2) are those required by law-- ``(A) to States and to the Reclamation Fund under the Mineral Leasing Act (30 U.S.C. 191(a)); and ``(B) to other funds receiving monies from Federal oil and gas leasing programs, including-- ``(i) any recipients pursuant to section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)); ``(ii) the Land and Water Conservation Fund, pursuant to section 2(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-5(c)); ``(iii) the Historic Preservation Fund, pursuant to section 108 of the National Historic Preservation Act (16 U.S.C. 470h); and ``(iv) the coastal impact assistance program established under section 31 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a). ``(4) Obligation authority.--Monies in the Fund shall be available to the Secretary for obligation, or to cover the Secretary's costs of administering the program in accordance with the limitation in paragraph (5), under this section without fiscal year limitation, to remain available until expended. ``(5) Administrative costs.--For each of fiscal years 2011 through 2017, the Secretary may use not more than 5 percent of the monies deposited in the Fund to cover the Secretary's costs of administering the program under this section.''. (b) Conforming Amendment.--The items relating to subtitle J of title IX in the table of contents of the Energy Policy Act of 2005 are amended to read as follows: ``Subtitle J--Offshore Drilling Safety Technology Development ``Sec. 999. Innovative offshore drilling safety technology program.''.

Stop Oil Spills Act or the SOS Act - Amends the Energy Policy Act of 2005 to revise provisions concerning ultra-deepwater and unconventional natural gas and other petroleum resources. Directs the Secretary of Energy (DOE) to establish: (1) a program of awards to support the development, demonstration, and commercialization of innovative technologies to prevent, stop, or capture large-scale accidental discharges of oil or other hydrocarbons from offshore oil and gas drilling operations, including deepwater and ultra-deepwater operations; and (2) an independent SOS Fund Technical Advisory Committee to advise on the development and implementation of programs under this Act. Requires the awards to focus on new technologies or innovative improvements to existing technologies, including: (1) blowout preventers; (2) secondary control systems; (3) remotely operated vehicles; and (4) prefabricated systems or technologies to stop or capture a large-scale discharge from an offshore well, at or near the source of such discharge, in the event of failure of a blowout preventer. Establishes in the Treasury a Safety and Offshore Spill (SOS) Fund into which shall be transferred, for each of FY2011-FY2017, $50 million from amounts of federal royalties, rents, and bonuses derived from federal onshore and offshore oil and gas leases issued under the Outer Continental Shelf Lands Act that are deposited in the Treasury.

To provide for the establishment of a program to support the development, demonstration, and commercialization of innovative technologies to prevent, stop, or capture large-scale accidental discharges of oil or other hydrocarbons from offshore oil and gas drilling operations, including deepwater and ultra-deepwater operations, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Alabama Black Belt National Heritage Area Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Designation of Alabama Black Belt National Heritage Area. Sec. 4. Local coordinating entity. Sec. 5. Management plan. Sec. 6. Evaluation; report. Sec. 7. Relationship to other Federal agencies. Sec. 8. Private property and regulatory protections. Sec. 9. Use of Federal funds from other sources. SEC. 2. DEFINITIONS. In this Act: (1) Local coordinating entity.--The term ``local coordinating entity'' means the Center for the Study of the Black Belt at the University of West Alabama. (2) Management plan.--The term ``management plan'' means the plan prepared by the local coordinating entity for the National Heritage Area in accordance with this Act. (3) National heritage area.--The term ``National Heritage Area'' means the Alabama Black Belt National Heritage Area established by this Act. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. DESIGNATION OF ALABAMA BLACK BELT NATIONAL HERITAGE AREA. (a) Establishment.--There is hereby established the Alabama Black Belt National Heritage Area in the State of Alabama. (b) Boundaries.--The National Heritage Area shall consist of sites as designated by the management plan within a core area located in Alabama, consisting of Bibb, Bullock, Butler, Choctaw, Clarke, Conecuh, Dallas, Greene, Hale, Lowndes, Macon, Marengo, Monroe, Montgomery, Perry, Pickens, Sumter, Washington, and Wilcox counties. SEC. 4. LOCAL COORDINATING ENTITY. (a) Designation.--The Center for the Study of the Black Belt at the University of West Alabama shall be the local coordinating entity for the National Heritage Area. (b) Duties.--To further the purposes of the National Heritage Area, the local coordinating entity shall-- (1) submit a management plan to the Secretary in accordance with this Act; (2) submit an annual report to the Secretary specifying-- (A) the specific performance goals and accomplishments of the local coordinating entity; (B) the expenses and income of the local coordinating entity; (C) the amounts and sources of matching funds; (D) the amounts of non-Federal funds leveraged with Federal funds and sources of the leveraging; and (E) grants made to any other entities during the fiscal year; (3) make available for audit, for each fiscal year for which the local coordinating entity receives Federal funds, all information pertaining to the expenditure of the funds and any matching funds; and (4) encourage economic viability and sustainability that is consistent with the purposes of the National Heritage Area. (c) Authorities.--For the purposes of preparing and implementing the approved management plan, the local coordinating entity may-- (1) make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area; (2) enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; (3) hire and compensate staff, including individuals with expertise in-- (A) natural, historical, cultural, educational, scenic, and recreational resource conservation; (B) economic and community development; and (C) heritage planning; (4) obtain funds or services from any source, including other Federal programs; (5) contract for goods or services; and (6) support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan. SEC. 5. MANAGEMENT PLAN. (a) Requirements.--The management plan shall-- (1) describe comprehensive policies, goals, strategies, and recommendations for telling the story of the heritage of the area covered by the National Heritage Area and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development of the National Heritage Area; (2) include a description of actions and commitments that Federal, State, and local governments, private organizations, and citizens plan to take to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area; (3) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the National Heritage Area; (4) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area related to the national importance and themes of the National Heritage Area that should be protected, enhanced, interpreted, funded, managed, and developed; (5) include recommendations for resource management policies and strategies, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area; (6) describe a program for implementation of the management plan, including-- (A) performance goals; (B) plans for resource protection, enhancement, interpretation, funding, management, and development; and (C) specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, or local government agency, organization, business, or individual; (7) include an analysis of, and recommendations for, means by which Federal, State, and local programs may best be coordinated (including the role of the National Park Service and other Federal agencies associated with the National Heritage Area) to further the purposes of this Act; and (8) include a business plan that-- (A) describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities described in the management plan; and (B) provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan. (b) Deadline.--Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit the management plan to the Secretary for approval. (c) Approval of Management Plan.-- (1) Review.--Not later than 180 days after receiving the management plan, the Secretary shall review and approve or disapprove the management plan on the basis of the criteria listed in paragraph (3). (2) Consultation.--The Secretary shall consult with the Governor of Alabama before approving a management plan. (3) Criteria for approval.--In determining whether to approve a management plan, the Secretary shall consider whether-- (A) the local coordinating entity-- (i) represents the diverse interests of the National Heritage Area, including Federal, State, and local governments, natural, and historical resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners; (ii) has afforded adequate opportunity for public and Federal, State, and local governmental involvement (including through workshops and public meetings) in the preparation of the management plan; (iii) provides for at least semiannual public meetings to ensure adequate implementation of the management plan; and (iv) has demonstrated the financial capability, in partnership with others, to carry out the management plan; (B) the management plan-- (i) describes resource protection, enhancement, interpretation, funding, management, and development strategies which, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the National Heritage Area; (ii) would not adversely affect any activities authorized on Federal land under public applicable laws or land use plans; (iii) demonstrates partnerships among the local coordinating entity, Federal, State, and local governments, regional planning organizations, nonprofit organizations, and private sector parties for implementation of the management plan; and (iv) complies with the requirements of this section; and (C) the Secretary has received adequate assurances from the appropriate State and local officials whose support is needed that the State and local aspects of the management plan will be effectively implemented. (4) Disapproval.-- (A) In general.--If the Secretary disapproves the management plan, the Secretary-- (i) shall advise the local coordinating entity in writing of the reasons for the disapproval; and (ii) may make recommendations to the local coordinating entity for revisions to the management plan. (B) Deadline.--Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. (5) Amendments.-- (A) In general.--An amendment to the approved management plan that substantially alters such plan shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan. (B) Implementation.--The local coordinating entity shall not implement a substantial amendment to the management plan until the Secretary approves the amendment. (6) Authorities.--The Secretary may-- (A) provide technical assistance under the authority of this Act for the development and implementation of the management plan; and (B) enter into cooperative agreements with interested parties to carry out this Act. SEC. 6. EVALUATION; REPORT. (a) Evaluation.--The Secretary shall conduct an evaluation of the accomplishments of the National Heritage Area. An evaluation conducted under this subsection shall-- (1) assess the progress of the local coordinating entity with respect to-- (A) accomplishing the purposes of this Act for the National Heritage Area; and (B) achieving the goals and objectives of the approved management plan; (2) analyze the Federal, State, and local government, and private investments in the National Heritage Area to determine the impact of the investments; and (3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area. (b) Report.--Not later than 3 years after the date of enactment of this Act, based on the evaluation conducted under subsection (a), the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The report shall include recommendations for the future role of the National Park Service, if any, with respect to the National Heritage Area. SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General.--Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and Coordination.--The head of any Federal agency planning to conduct activities that may have an impact on the National Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable. (c) Other Federal Agencies.--Nothing in this Act-- (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the National Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 8. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any owner of public or private property, including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, tribal, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including development and management of energy, water, or water-related infrastructure; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the National Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. SEC. 9. USE OF FEDERAL FUNDS FROM OTHER SOURCES. Nothing in this Act shall preclude the local coordinating entity from using Federal funds available under other laws for the purposes for which those funds were authorized.

Alabama Black Belt National Heritage Area Act - Establishes the Alabama Black Belt National Heritage Area in Alabama. Designates the Center for the Study of the Black Belt at the University of West Alabama as the local coordinating entity for the Heritage Area, requires the Center to submit a management plan for the Heritage Area, and sets forth procedures for the approval or disapproval of such plan.

Alabama Black Belt National Heritage Area Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Andrew Carnegie Libraries for Lifelong Learning Act''. SEC. 2. PUBLIC LIBRARY CONSTRUCTION AND TECHNOLOGY ENHANCEMENT. The Library Services and Technology Act (20 U.S.C. 9121 et seq.) is amended-- (1) by redesignating chapter 3 as chapter 4; and (2) by inserting after chapter 2 the following: ``CHAPTER 3--PUBLIC LIBRARY CONSTRUCTION AND TECHNOLOGY ENHANCEMENT ``SEC. 241. GRANTS TO STATES FOR PUBLIC LIBRARY CONSTRUCTION AND TECHNOLOGY ENHANCEMENT. ``(a) In General.--From amounts appropriated under section 244, the Director shall carry out a program of awarding grants to States, that have an amendment to a State plan or a State plan approved under section 243, for the construction or technology enhancement of public libraries. ``(b) Definitions.--In this chapter: ``(1) Construction.-- ``(A) In general.--The term `construction' means-- ``(i) construction of new buildings; ``(ii) the acquisition, expansion, remodeling, and alteration of existing buildings; ``(iii) the purchase, lease, and installation of equipment for any new or existing buildings; or ``(iv) any combination of the activities described in clauses (i) through (iii), including architect fees and the cost of acquisition of land. ``(B) Special rule.--Such term includes-- ``(i) remodeling to meet standards under the Act entitled `An Act to insure that certain buildings financed with Federal funds are so designed and constructed as to be accessible to the physically handicapped', approved August 12, 1968 (42 U.S.C. 4151 et seq.), commonly known as the `Architectural Barriers Act of 1968'; ``(ii) remodeling designed to ensure safe working environments and to conserve energy; ``(iii) renovation or remodeling to accommodate new technologies; and ``(iv) the purchase of historic buildings for conversion to public libraries. ``(2) Equipment.--The term `equipment' means-- ``(A) information and building technologies, video and telecommunications equipment, machinery, utilities, built-in equipment, and any necessary enclosures or structures to house the technologies, equipment, machinery or utilities; and ``(B) all other items necessary for the functioning of a particular facility as a facility for the provision of library services. ``(3) Public library.-- ``(A) In general.--The term `public library' means a library that serves free of charge all residents of a community, district, or region, and receives its financial support in whole or in part from public funds. ``(B) Research library included.--Such term also includes a research library, which, for the purposes of this sentence, means a library, that-- ``(i) makes its services available to the public free of charge; ``(ii) has extensive collections of books, manuscripts, and other materials suitable for scholarly research that are not otherwise available to the public; ``(iii) engages in the dissemination of humanistic knowledge through services to readers, fellowships, educational and cultural programs, publication of significant research, and other activities; and ``(iv) is not an integral part of an institution of higher education. ``(4) Technology enhancement.--The term `technology enhancement' means the acquisition, installation, maintenance, or replacement, of substantial technological equipment (including library bibliographic automation equipment) necessary to provide access to information in electronic and other formats made possible by new information and communications technologies. ``(c) Applicability.--Except as provided in section 243, the provisions of this subtitle (other than this chapter) shall not apply to this chapter. ``SEC. 242. USE OF FEDERAL FUNDS. ``(a) In General.--A State receiving a grant under this chapter shall use the grant funds to pay the Federal share of the cost of construction or technology enhancement of public libraries. ``(b) Federal Share.-- ``(1) In general.--For the purposes of subsection (a), the Federal share of the cost of construction or technology enhancement of any project assisted under this chapter shall not exceed one-half of the total cost of the project. ``(2) Non-federal share.--The non-Federal share of the cost of construction or technology enhancement of any project assisted under this chapter may be provided from State, local, or private sources, including for-profit and nonprofit organizations. ``(c) Special Rule.-- ``(1) In general.--The United States shall be entitled to recover the amount described in paragraph (2) if, within 20 years after completion of construction of any public library facility that has been constructed in part with grant funds made available under this chapter-- ``(A) the recipient of the grant funds (or its successor in title or possession) ceases or fails to be a public or nonprofit institution; or ``(B) the facility ceases to be used as a library facility, unless the Director determines that there is good cause for releasing the institution from its obligation. ``(2) Amount.-- ``(A) In general.--For purposes of paragraph (1), the United States shall be entitled to recover from such grant recipient (or successor) an amount that bears the same ratio to the value of the facility (or part thereof constituting an approved project or projects), at the time of the cessation or failure, as the amount of the Federal grant bore to the cost of such facility (or part thereof). ``(B) Value.--The value of the facility shall be determined by the parties or by action brought in the United States district court for the district in which the facility is located. ``SEC. 243. STATE PLAN. ``(a) State Without Approved Plan in Place.-- ``(1) Submission of plan.--Each State library administrative agency serving a State that does not have a plan approved under section 224 and that desires a grant under this chapter shall submit to the Director a State plan that meets the following requirements: ``(A) Period.--The State plan shall cover a period of 5 fiscal years. ``(B) Contents.--The State plan shall include a description of the public library construction or technology enhancement activities to be assisted under this chapter. ``(C) Assurances.--The State plan shall contain satisfactory assurances that the provisions of the State plan will be carried out. ``(2) Public availability.--Each State library administrative agency submitting a State plan under this subsection shall make the State plan available to the public. ``(3) Plan approval.--The Director shall approve a State plan submitted under paragraph (1) that meets the requirements of such paragraph. ``(4) Administration.--If the Director determines that the State plan does not meet the requirements of paragraph (1), the Director shall-- ``(A) immediately notify the State library administrative agency of such determination and the reasons for such determination; ``(B) offer the State library administrative agency the opportunity to revise its State plan; ``(C) provide technical assistance in order to assist the State library administrative agency in meeting the requirements of paragraph (1); and ``(D) provide the State library administrative agency the opportunity for a hearing. ``(b) State With Plan Approved.--Each State library administrative agency serving a State that has a State plan approved under section 224 and that desires a grant under this chapter shall submit to the Director an amendment to the State plan that contains a description of the public library construction or technology enhancement activities to be assisted under this chapter. ``SEC. 244. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this chapter $200,000,000 for fiscal year 2002 and for each of the 4 succeeding fiscal years.''.

Andrew Carnegie Libraries for Lifelong Learning Act - Amends the Library Services and Technology Act to require the Director of the Institute of Museum and Library Services to carry out a program of awarding grants to States for the construction or technology enhancement of public libraries.

A bill to provide for public library construction and technology enhancement.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Children's Doctor Access Act of 2008''. SEC. 2. STATE REQUIREMENT UNDER SCHIP TO REPORT ON HEDIS MEASURE RELATING TO ACCESS TO PCPS. (a) In General.--Section 2108(a) of the Social Security Act (42 U.S.C. 1397hh(a)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, with appropriate indentation; (2) by designating the sentence beginning with ``The State shall'' as a paragraph (1) with the hearing ``(1) In general.-- '' and appropriate indentation; and (3) by adding at the end the following new paragraph: ``(2) Information on certain hedis measure required.-- ``(A) In general.--Each annual report of a State submitted under paragraph (1)(B) for a fiscal year shall include information on the access HEDIS measure described in subparagraph (B) for individuals eligible for child health assistance under the State child health plan during the fiscal year. ``(B) Access hedis measure described.--The access HEDIS measure described in this subparagraph is the Health Plan Employer Data and Information Set (HEDIS) measure established by the National Committee for Quality Assurance that is the following (or, in the case of an update to such measure, such update): ``(i) The percentage of each of the following populations of individuals described in subparagraph (A) who had a visit with a primary care practitioner during the previous 12-month period: ``(I) Individuals who are at least 12 months of age and who have not attained 25 months of age. ``(II) Individuals who are at least 25 months of age and have not attained 7 years of age. ``(ii) The percentage of each of the following populations of individuals described in subparagraph (A) who had a visit with a primary care practitioner during the previous 24-month period: ``(I) Individuals who are at least 7 years of age and who have not attained 12 years of age. ``(II) Individuals who are at least 12 years of age and who have not attained 19 years of age.''. (b) Effective Date.--The amendment made by subsection (a)(3) shall be effective for annual reports submitted for fiscal year 2010 and each subsequent fiscal year. SEC. 3. STATE EFFORTS UNDER SCHIP TO AVOID DISPLACEMENT OF PRIVATE HEALTH COVERAGE. (a) In General.--Section 2102(c) of the Social Security Act (42 U.S.C. 1397bb(c)) is amended by adding at the end the following new paragraph: ``(3) Efforts to avoid displacement of private health coverage.--(A) Prioritization of outreach to families with income below 200 percent of the Federal poverty level. ``(B) Discouragement of the crowd out of private health insurance coverage for families with income at least 300 percent of the Federal poverty level.''. (b) Annual State Reports Under SCHIP on Efforts To Avoid Displacement of Private Health Coverage.-- (1) In general.--Section 2108(a) of the Social Security Act (42 U.S.C. 1397hh(a)), as amended by section 2, is further amended by adding at the end the following new paragraph: ``(3) Information on efforts to avoid displacement of private health coverage.--Each annual report of a State submitted under paragraph (1)(B) shall include, with respect to the State child health plan under this title for a fiscal year, a description of the measures taken by the State, and the progress of the State, to follow the procedures described by the State pursuant to subparagraphs (A) and (B) of section 2102(c)(3).''. (2) Effective date.--The amendment made by paragraph (1) shall be effective for annual reports submitted for fiscal year 2010 and each subsequent fiscal year. SEC. 4. SENSE OF CONGRESS REGARDING UTILIZATION OF CAHPS CONSUMER SATISFACTION SURVEYS. It is the sense of Congress that each State that has a State child health plan under title XXI of the Social Security Act should-- (1) utilize consumer satisfaction surveys developed by the Consumer Assessment of Healthcare Providers and Systems (CAHPS) administered by the Agency for Healthcare Research and Quality, specifically the Getting Needed Care and Getting Care Quickly question components of the CAHPS 4.0H Child Survey (or in the case of an update to such survey, of such update), to measure the extent to which individuals eligible for child health assistance under the State plan have access to physicians, including primary care practitioners and specialists, and the degree of ease with which such access is attainable by such individuals; and (2) include the results of such surveys for a fiscal year in the annual report submitted for such fiscal year by the State to the Secretary under section 2108(a) of the Social Security Act (42 U.S.C. 1397hh(a)).

Improving Children's Doctor Access Act of 2008 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to require annual state SCHIP reports to include information on: (1) the HEDIS (Health Plan Employer Data and Information Set) measure relating to access to primary care practitioners by individuals eligible for child health assistance; and (2) efforts to avoid displacement of private health coverage. Expresses the sense of Congress that states with a state child health plan should utilize consumer satisfaction surveys developed by the Consumer Assessment of Healthcare Providers and Systems (CAHPS) administered by the Agency for Healthcare Research and Quality, specifically the Getting Needed Care and Getting Care Quickly question components of the CAHPS 4.0H Child Survey, to measure the extent to which individuals eligible for child health assistance under the state plan have access to physicians.

To amend title XXI of the Social Security Act to require SCHIP annual reports to include information on the HEDIS measure relating to access to primary care practitioners by individuals eligible for child health assistance under such plans and on State efforts to avoid certain displacement of private health coverage, and to express the sense of Congress that such States should utilize Consumer Assessment of Healthcare Providers and Systems consumer satisfaction surveys to measure access by such individuals to physicians.

SECTION 1. FINDINGS. The Congress finds as follows: (1) The Report and Recommendations of the Westchester County, New York, January ``B'' 2004 Grand Jury, entitled ``Returning Abused Children to their Abusers: How Westchester County's Child Protective System Fails the Children it Most Needs to Protect'', identified 3 essential principles that should guide child services programs, namely, maintaining that the best interest of the child is paramount, ensuring continuity in case supervision with all relevant parties involved and all relevant information shared, and assigning special priority to the identification of high-risk cases. (2) Such report also observed that, because there is no direct way for the State of New York to report an individual's history of child abuse to another State, and a child may be placed at greater risk if an offender with an established history of child abuse moves to a State where his or her history is unknown, a national central register of cases of child abuse or neglect must be created. (3) 896,000 children were determined to be victims of child abuse or neglect in 2002. (4) The rate of victimization per 1,000 children in the national population has dropped from 13.4 children in 1990 to 12.3 children in 2002. (5) 1,400 children died due to child abuse or neglect in 2002. (6) A 2002 Department of Health and Human Services child and family services review suggests that difficulties States experience in preventing maltreatment recurrence may be due to inadequate identification of abusers. (7) When an individual is convicted of a crime in New York, police in California know and are able to identify the violator. Child abusers should be as easily identifiable for State and local child protective services. (8) Many States currently maintain a child maltreatment registry that collects information about maltreated children and individuals who were found to have abused or neglected children, in order to protect children from contact with individuals who may mistreat them. (9) Some States that maintain such registries are explicitly prohibited under State law from sharing this important data with other States. SEC. 2. NATIONAL REGISTER OF CASES OF CHILD ABUSE OR NEGLECT. (a) In General.--The Attorney General shall create a national register of cases of child abuse or neglect. The information in such register shall be supplied by States, or, at the option of a State, by political subdivisions of such State. (b) Information.--The register described in subsection (a) shall collect in a central electronic database information on children reported to a State, or a political subdivision of a State, as abused or neglected. (c) Scope of Information.-- (1) In general.-- (A) Treatment of reports.--The information to be provided to the Attorney General under this section shall relate to substantiated reports of child abuse or neglect. Except as provided in subparagraph (B), each State, or, at the option of a State, each political subdivision of such State, shall determine whether the information to be provided to the Attorney General under this section shall also relate to reports of suspected instances of child abuse or neglect that were unsubstantiated or determined to be unfounded. (B) Exception.--If a State or political subdivision of a State has an equivalent electronic register of cases of child abuse or neglect that it maintains pursuant to a requirement or authorization under any other provision of law, the information provided to the Attorney General under this section shall be coextensive with that in such register. (2) Form.--Information provided to the Attorney General under this section-- (A) shall be in a standardized electronic form determined by the Attorney General; and (B) shall contain case-specific identifying information, except that, at the option of the entity supplying the information, the confidentiality of identifying information concerning an individual initiating a report or complaint regarding a suspected or known instance of child abuse or neglect may be maintained. (d) Construction.--This section shall not be construed to require a State or political subdivision of a State to modify-- (1) an equivalent register of cases of child abuse or neglect that it maintains pursuant to a requirement or authorization under any other provision of law; or (2) any other record relating to child abuse or neglect, regardless of whether the report of abuse or neglect was substantiated, unsubstantiated, or determined to be unfounded. (e) Dissemination.--The Attorney General shall establish standards for the dissemination of information in the national register of cases of child abuse or neglect. Such standards shall preserve the confidentiality of records in order to protect the rights of the child and the child's parents or guardians while also ensuring that Federal, State, and local government entities have access to such information in order to carry out their responsibilities under law to protect children from abuse and neglect. (f) Condition on Receipt of Funds.--Compliance under this section shall be a condition precedent to receipt of funds under section 107 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106c).

Directs the Attorney General to create a national register of cases of child abuse or neglect (abuse), with the information in the register supplied by States or political subdivisions. Requires the register to collect information on children reported as abused in a central electronic database. Requires: (1) information provided to the Attorney General to relate to substantiated reports of abuse; (2) each State to determine whether such information also relates to reports of suspected instances of abuse that were unsubstantiated or unfounded, except that if a State has an equivalent electronic register of abuse cases, the information provided to the Attorney General shall be coextensive with information in such register; and (3) the information to be in a standardized electronic form and to contain case-specific identifying information. Directs the Attorney General to establish standards for the dissemination of information in the national register that preserve the confidentiality of records in order to protect the rights of the child and the child's parents or guardians while ensuring that Federal, State, and local government entities have access to such information in order to carry out their legal responsibilities to protect children from abuse. Makes compliance with this Act a condition precedent to receipt of funds under the Child Abuse Prevention and Treatment Act.

To require the Attorney General to establish a Federal register of cases of child abuse or neglect.

SEC. 1. SHORT TITLE. This Act may be cited as the ``Community Partnerships Against Crime Act'', or ``COMPAC''. SEC. 2. COMMUNITY PARTNERSHIPS AGAINST CRIME. (a) Conforming Provisions.--(1) Section 5001 of the Anti-Drug Abuse Act of 1988 is amended-- (A) by striking ``Chapter 2--Public and Assisted Housing Drug Elimination'' and inserting in lieu thereof the following: ``Chapter 2--Community Partnerships Against Crime''; (B) by striking ``Congressional findings.'' and inserting in lieu thereof the following: ``Purposes.''; and (C) by adding after ``Sec. 5130. Authorization of appropriations.'' the following: ``Sec. 5131. Technical assistance.''. (2) The heading for chapter 2 of subtitle C of title V of the Anti- Drug Abuse Act of 1988 is amended to read as follows: ``CHAPTER 2--COMMUNITY PARTNERSHIPS AGAINST CRIME''. (b) Short Title, Purposes, and Authority To Make Grants.--Sections 5121, 5122, and 5123 of the Public and Assisted Housing Drug Elimination Act of 1990 are amended to read as follows: ``SEC. 5121. SHORT TITLE. ``This chapter may be cited as the `Community Partnerships Against Crime Act of 1993'. ``SEC. 5122. PURPOSES. ``The purposes of this chapter are to-- ``(1) substantially expand and enhance the Federal Government's commitment to eliminating crime in public housing; ``(2) broaden the scope of the Public and Assisted Housing Drug Elimination Act of 1990 to apply to all types of crime, and not simply crime that is drug-related; ``(3) target opportunities for long-term commitments of funding primarily to public housing agencies with serious crime problems; ``(4) encourage the involvement of a broad range of community-based groups, and residents of neighboring housing that is owned or assisted by the Secretary, in the development and implementation of anti-crime plans; ``(5) reduce crime and disorder in and around public housing through the expansion of community-oriented policing activities and problem solving; ``(6) provide training, information services, and other technical assistance to program participants; and ``(7) establish a standardized assessment system to evaluate need among public housing agencies, and to measure progress in reaching crime reduction goals. ``SEC. 5123. AUTHORITY TO MAKE GRANTS. ``The Secretary of Housing and Urban Development, in accordance with the provisions of this chapter, may make grants, for use in eliminating crime in and around public and other federally assisted low-income housing projects (1) to public housing agencies (including Indian housing authorities) and (2) using amounts appropriated for fiscal year 1994 only, to private, for-profit and nonprofit owners of federally assisted low-income housing. In designing the program, the Secretary shall consult with the Attorney General.''. (c) Eligible Activities.--Section 5124 of such Act is amended-- (1) by striking ``(a) Public and Assisted Housing.--''; (2) by inserting in the introductory material, immediately after ``used in'', the following: ``and around''; (3) in paragraph (3), by inserting immediately before the semicolon the following: ``, such as fencing, lighting, locking, and surveillance systems''; (4) by striking paragraph (4)(A) and inserting in lieu thereof the following new subparagraph: ``(A) to investigate crime; and''; (5) in paragraph (6)-- (A) by striking ``in and around public or other federally assisted low-income housing projects''; and (B) by striking ``and'' after the semicolon; (6) in paragraph (7)-- (A) by striking ``where a public housing agency receives a grant,''; (B) by striking ``drug abuse'' and inserting in lieu thereof ``crime''; and (C) by striking the period at the end and inserting in lieu thereof a colon; (7) by adding the following new paragraphs after paragraph (7): ``(8) the employment or utilization of one or more individuals, including law enforcement officers, made available by contract or other cooperative arrangement with State or local law enforcement agencies, to engage in community- and problem-oriented policing involving interaction with members of the community on proactive crime control and prevention; ``(9) youth initiatives, such as activities involving training, education, after school programs, cultural programs, recreation and sports, career planning, and entrepreneurship and employment; and ``(10) resident service programs, such as job training, education programs, and other appropriate social services which address the contributing factors of crime.''; and (8) by striking subsection (b). (d) Applications.--Section 5125 of such Act is amended-- (1) in subsection (a)-- (A) by adding the paragraph designation ``(1)'' immediately after ``In general.--''; (B) in the first sentence, by striking ``, a public housing resident management corporation,''; (C) in the second sentence, by striking ``drug- related crime on the premises of'' and inserting in lieu thereof the following: ``crime in and around''; and (D) by adding the following new paragraphs at the end: ``(2) The Secretary shall, by regulation issued after notice and opportunity for public comment, set forth criteria for establishing a class of public housing agencies that have especially severe crime problems. Any public housing agency within this class may submit an application for a one-year grant under this chapter that, subject to the availability of appropriated amounts, shall be renewed for a period not exceeding the four subsequent years: Provided, That the Secretary finds, after an annual or more frequent performance review, that the public housing agency is performing under the terms of the grant and applicable laws in a satisfactory manner and meets such other requirements as the Secretary may prescribe. ``(3) Any eligible applicant may submit an application for a grant for a period of up to two years. The Secretary may accord a preference to applications seeking a subsequent grant under this paragraph if the grant is to be used to continue or expand activities assisted under a previous grant under this paragraph and the Secretary finds that the applicant's program under the prior grant is being managed soundly and demonstrates success. Any preferences under the preceding sentence shall not unreasonably prejudice the opportunities of other public housing agencies to be awarded grants under this paragraph.''; (2) in subsection (b)-- (A) in the introductory material, by striking ``subsections (c) and (d)'' and inserting in lieu thereof ``subsections (a) and (c)''; (B) in paragraph (1), by striking ``drug-related crime problem in'' and inserting in lieu thereof the following: ``crime problem in and around''; (C) in paragraph (2), by inserting immediately after ``crime problem in'' the following: ``and around''; and (D) in paragraph (4), by inserting after ``local government'' the following: ``, local community-based non-profit organizations, local resident organizations that represent the residents of neighboring projects that are owned or assisted by the Secretary,''; (3) in subsection (c)(2) by striking ``drug-related'' the two places it appears; and (4) by striking subsection (d). (e) Definitions.--Section 5126 of such Act is amended by striking paragraphs (1) and (2), and renumbering paragraphs (3) and (4) as paragraphs (1) and (2), respectively. (f) Implementation.--Section 5127 of such Act is amended to read as follows: ``SEC 5127. IMPLEMENTATION. ``The Secretary shall issue regulations to implement this chapter within 180 days of the enactment of the Community Partnerships Against Crime Act.''. (g) Reports.--Section 5128 of such Act is amended by striking ``drug-related crime in'' and inserting in lieu thereof the following: ``crime in and around''. (h) Authorization of Appropriations.--Section 5130 of such Act is amended-- (1) in the first sentence of subsection (a), by striking ``$175,000,000 for fiscal year 1993'' and all that follows and inserting in lieu thereof: ``$265,000,000 for fiscal year 1994 and $325,000,000 for fiscal year 1995.''; (2) in subsection (b)-- (A) by striking ``Set-Asides'' and inserting in lieu thereof ``Set-Aside''; (B) by striking the first sentence; (C) by striking ``drug elimination''; (D) by striking ``fiscal years 1993 and 1994''; and (E) by striking ``and 5.0 percent'' and all that follows through the end of the sentence and inserting in lieu thereof a period; and (3) by striking subsection (c) and section 520(k) of the Cranston-Gonzalez National Affordable Housing Act. (i) Technical Assistance.--Such Act is further amended by adding at the end thereof the following new section: ``SEC. 5131. TECHNICAL ASSISTANCE. ``Of the amounts appropriated annually for each of fiscal years 1994 and 1995 to carry out this chapter, the Secretary is authorized to use up to $10,000,000, directly or indirectly, under grants, contracts, cooperative agreements, or otherwise, to provide training, information services, and other technical assistance to public housing agencies and other entities with respect to their participation in the program authorized by this chapter. Such technical assistance may include the establishment and operation of the clearinghouse on drug abuse in public housing and the regional training program on drug abuse in public housing under sections 5143 and 5144 of this Act. The Secretary is also authorized to use the foregoing amounts for obtaining assistance in establishing and managing assessment and evaluation criteria and specifications, and obtaining the opinions of experts in relevant fields.''.

Community Partnerships Against Crime Act, or COMPAC - Amends the Public and Assisted Housing Drug Elimination Act of 1990 to expand the use of anti-drug crime public housing grants to all types of crime. Makes long-term (one-year initial, five-year total) grants available to public housing authorities with especially severe crime problems. Makes other applicants eligible for two-year grants, with preference for subsequent funding.

COMPAC

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Miscellaneous Tariff Act of 1993''. (b) Reference.--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 chapter, subchapter, note, additional U.S. note, heading, subheading, or other provision, the reference shall be considered to be made to a chapter, subchapter, note, additional U.S. note, heading, subheading, or other provision of the Harmonized Tariff Schedule of the United States. SEC. 2. 2-NITROBENZENESULFONYL CHLORIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.12 2-Nitrobenzene-sulfonyl chloride (CAS No. 1694-92-4) No change No change On or before 12/ (provided for in subheading 2904.90.45)................. Free 31/95 '' SEC. 3. BETA NAPHTHOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.13 Beta Naphthol (CAS No. 135-19-3) (provided for in No change No change On or before 12/ subheading 2907.15.50).................................. Free 31/95 '' SEC. 4. NEVILLE AND WINTER ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings: `` 9902.31.14 4-Hydroxy-1-naphthalenesul-fonic acid, monopotassium salt No change No change On or before 12/ (CAS No. 37860-62-1) (provided for in subheading 31/95 2908.20.20)............................................. Free 9902.31.15 2-Naphthol-3,6-disulfonic acid, disodium salt (CAS Nos. No change No change On or before 12/ 148-75-4 and 135-51-3) (provided for in subheading 31/95 '' 2908.20.10)............................................. Free . SEC. 5. ORTHANILIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.16 o-Aminobenzene-sulfonic acid (Orthanilic acid) (CAS No. No change No change On or before 12/ 88-21-1) (provided for in subheading 2921.42.20)........ Free 31/95 '' SEC. 6. 2,5-DICHLOROANILINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.17 2,5-Dichloroaniline (CAS No. 95-82-9) (provided for in No change No change On or before 12/ subheading 2921.42.20).................................. Free 31/95 '' SEC. 7. 2,5-DICHLOROANILINE-4-SULFONIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.18 2,5-Dichloroaniline-4-sulfonic acid, monosodium salt (CAS No change No change On or before 12/ Nos. 88-50-6 and 41295-98-1) (provided for in subheading 31/95 '' 2921.42.50)............................................. Free . SEC. 8. 2,6-DICHLORO-4-NITROANILINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.19................................................. 2,6-Dichloro-4- No change No change On nitroaniline or (CAS No. 99-30- be 0) (provided fo for in re subheading 12 2921.42.50) Free /3 1/ 95 SEC. 9. J ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.22 6-Amino-1-naphthol-3-sulfonic acid (CAS No. 87-02-5) No change No change On or before 12/ (provided for in subheading 2921.21.10)................. Free 31/95 '' SEC. 10. 2,4-DIMETHOXYANILINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.23 2,4-Dimethoxy-aniline (CAS No. 2735-04-8) (provided for No change No change On or before 12/ in subheading 2922.29.20)............................... Free 31/95 '' SEC. 11. 4'-AMINO-N-METHYLACETANILIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.24 4'-Amino-N-methylacet-anilide (CAS No. 119-63-1) No change No change On or before 12/ (provided for in subheading 2924.29.09)................. Free 31/95 '' SEC. 12. 2-CYANO-4-NITROANILINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.25 2-Cyano-4-nitroaniline (CAS No. 17420-30-3) (provided for No change No change On or before 12/ in subheading 2926.90.10)............................... Free 31/95 '' SEC. 13. P-AMINOAZOBENZENEDISULFONIC ACID AND ITS SALTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.26 p-Aminoazo-benzenedi-sulfonic acid, monosodium salt (CAS No change No change On or before 12/ No. 101-50-8) (provided for in subheading 2927.00.10), 31/95 '' and p-aminoazoben-zenedisulfonic acid, disodium salt . (CAS No. 2706-28-7) (provided for in subheading 2927.00.40)............................................. Free SEC. 14. P-AMINOAZOBENZENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.27 p-Aminoazo-benzene (CAS No. 00-09-3) (provided for in No change No change On or before 12/ subheading 2927.00.40).................................. Free 31/95 '' SEC. 15. P-AMINOAZOBENZENE HYDROCHLORIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.28 p-Aminoazo-benzene hydrochloride (CAS No. 3457-98-5) No change No change On or before 12/ (provided for in subheading 2927.00.50)................. Free 31/95 '' SEC. 16. 2,2-DINITRODIPHENYL DISULFIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.29 2,2-Dinitrodiphenyl disulfide (CAS No. 1155-00-6) No change No change On or before 12/ (provided for in subheading 2930.90.20)................. Free 31/95 '' SEC. 17. 4-CHLORO-3-(3-METHYL-5-OXO-2-PYRAZOLIN-1-YL)-BENZENESULFONIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.30 4-Chloro-3-(3-methyl-5-oxo-2-pyrazolin-1-yl)- No change No change On or before 12/ benzenesulfonic acid (CAS No. 88-76-6) (provided for in 31/95 '' subheading 2933.19.10).................................. Free . SEC. 18. 1-(P-SULFOPHENYL)-3-METHYL-5-PYRAZOLONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.31 1-(p-Sulfophenyl)-3-methyl-5-pyrazolone (CAS No. 89-36-1) No change No change On or before 12/ (provided for in subheading 2933.19.42)................. Free 31/95 '' SEC. 19. 2-AMINOTHIAZOLE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.32 2-Aminothiazole (CAS No. 96-50-4) (provided for in No change No change On or before 12/ subheading 2934.10.50).................................. Free 31/95 '' SEC. 20. 2-AMINO-6-NITROBENZOTHIAZOLE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.33 2-Amino-6-nitrobenzo-thiazole (CAS No. 6285-57-0) No change No change On or before 12/ (provided for in subheading 2934.20.50)................. Free 31/95 '' SEC. 21. 2-AMINO-5,6-DICHLOROBENZOTHIAZOLE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.31.34 2-Amino-5,6-dichlorobenzo-thiazole (CAS No. 24072-75-1) No change No change On or before 12/ (provided for in subheading 2934.20.50)................. Free 31/95 '' SEC. 22. MIXTURES OF (3,4-DIHYDROXYPHENYL)(2,4,6-TRIHYDROXYPHENYL- METHANONE 2-(2,4-DIHYDROXYPHENYL)-3,5,7-TRIHYDROXY-4H-1- BENZOPYRAN-4-ONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: `` 9902.38.24 Mixtures of (3,4-dihydroxy-phenyl)(2,4,6-trihydroxy- No change No change On or before 12/ phenyl)-methanone (CAS No. 519-34-6) and 2-(2,4- 31/95 '' dihydroxy-phenyl)-3,5,7-trihydroxy-4H-1-benzopyran-4-one . (provided for in subheading 3823.90.29)................. Free SEC. 23. EFFECTIVE DATE. The amendments made by this Act apply 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.

Miscellaneous Tariff Act of 1993 - Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1995, the duty on certain organic chemicals.

Miscellaneous Tariff Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Opioid Addiction Treatment Programs Enhancement Act''. SEC. 2. T-MSIS SUBSTANCE USE DISORDER DATA BOOK. (a) In General.--Not later than the date that is 12 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall publish on the public website of the Centers for Medicare & Medicaid Services a report with comprehensive data on the prevalence of substance use disorders in the Medicaid beneficiary population and services provided for the treatment of substance use disorders under Medicaid. (b) Content of Report.--The report required under subsection (a) shall include, at a minimum, the following data for each State (including, to the extent available, for the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa): (1) The number and percentage of individuals enrolled in the State Medicaid plan or waiver of such plan in each of the major enrollment categories (as defined in a public letter from the Medicaid and CHIP Payment and Access Commission to the Secretary) who have been diagnosed with a substance use disorder and whether such individuals are enrolled under the State Medicaid plan or a waiver of such plan, including the specific waiver authority under which they are enrolled, to the extent available. (2) A list of the substance use disorder treatment services by each major type of service, such as counseling, medication assisted treatment, peer support, residential treatment, and inpatient care, for which beneficiaries in each State received at least 1 service under the State Medicaid plan or a waiver of such plan. (3) The number and percentage of individuals with a substance use disorder diagnosis enrolled in the State Medicaid plan or waiver of such plan who received substance use disorder treatment services under such plan or waiver by each major type of service under paragraph (2) within each major setting type, such as outpatient, inpatient, residential, and other home and community-based settings. (4) The number of services provided under the State Medicaid plan or waiver of such plan per individual with a substance use disorder diagnosis enrolled in such plan or waiver for each major type of service under paragraph (2). (5) The number and percentage of individuals enrolled in the State Medicaid plan or waiver, by major enrollment category, who received substance use disorder treatment through-- (A) a medicaid managed care entity (as defined in section 1932(a)(1)(B) of the Social Security Act (42 U.S.C. 1396u-2(a)(1)(B))), including the number of such individuals who received such assistance through a prepaid inpatient health plan or a prepaid ambulatory health plan; (B) a fee-for-service payment model; or (C) an alternative payment model, to the extent available. (6) The number and percentage of individuals with a substance use disorder who receive substance use disorder treatment services in an outpatient or home and community-based setting after receiving treatment in an inpatient or residential setting, and the number of services received by such individuals in the outpatient or home and community-based setting. (c) Annual Updates.--The Secretary shall issue an updated version of the report required under subsection (a) not later than January 1 of each calendar year through 2024. (d) Use of T-MSIS Data.--The report required under subsection (a) and updates required under subsection (c) shall-- (1) use data and definitions from the Transformed Medicaid Statistical Information System (``T-MSIS'') data set that is no more than 12 months old on the date that the report or update is published; and (2) as appropriate, include a description with respect to each State of the quality and completeness of the data and caveats describing the limitations of the data reported to the Secretary by the State that is sufficient to communicate the appropriate uses for the information. SEC. 3. MAKING T-MSIS DATA ON SUBSTANCE USE DISORDERS AVAILABLE TO RESEARCHERS. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall publish in the Federal Register a system of records notice for the data specified in subsection (b) for the Transformed Medicaid Statistical Information System, in accordance with section 552a(e)(4) of title 5, United States Code. The notice shall outline policies that protect the security and privacy of the data that, at a minimum, meet the security and privacy policies of SORN 09-70-0541 for the Medicaid Statistical Information System. (b) Required Data.--The data covered by the systems of records notice required under subsection (a) shall be sufficient for researchers and States to analyze the prevalence of substance use disorders in the Medicaid beneficiary population and the treatment of substance use disorders under Medicaid across all States (including the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa), forms of treatment, and treatment settings. (c) Initiation of Data-Sharing Activities.--Not later than January 1, 2019, the Secretary shall initiate the data-sharing activities outlined in the notice required under subsection (a).

Opioid Addiction Treatment Programs Enhancement Act This bill requires the Centers for Medicare & Medicaid Services (CMS) to publish annually a report on the prevalence of substance use disorders and associated treatment within the Medicaid population in each state and U.S. territory. The report must include the number of substance use disorder diagnoses and the types of treatment received. The CMS must use specified data to compile the report and must make the data available to researchers and states.

Opioid Addiction Treatment Programs Enhancement Act

SECTION 1. SHORT TITLE AND FINDINGS. (a) This Act can be cited as the ``Iraq Petroleum Import Restriction Act of 2001.'' (b) Findings.--Congress finds that: (1) The Government of the Republic of Iraq-- (A) has failed to comply with the terms of United Nations Security Council Resolution 687 regarding unconditional Iraqi acceptance of the destruction, removal, or rendering harmless, under international supervision, of all nuclear, chemical and biological weapons and all stocks of agents and all related subsystems and components and all research, development, support and manufacturing facilities, as well as all ballistic missiles with a range greater than 150 kilometers and related major parts, and repair and production facilities and has failed to allow United Nations inspectors access to sites used for the production or storage of weapons of mass destruction; (B) routinely contravenes the terms and conditions of UNSC Resolution 661, authorizing the export of petroleum products from Iraq in exchange for food, medicine and other humanitarian products by conducting a routine and extensive program to sell such products outside of the channels established by UNSC Resolution 661 in exchange for military equipment and materials to be used in pursuit of its program to develop weapons of mass destruction in order to threaten the United States and its allies in the Persian Gulf and surrounding regions; (C) has failed to adequately draw down upon the amounts received in the Escrow Account established by UNSC Resolution 986 to purchase food, medicine and other humanitarian products required by its citizens, resulting in massive humanitarian suffering by the Iraqi people; (D) conducts a periodic and systematic campaign to harass and obstruct the enforcement of the United States and United Kingdom-enforced ``No-Fly Zones'' in effect in the Republic of Iraq; and (E) routinely manipulates the petroleum export production volumes permitted under UNSC Resolution 661 in order to create uncertainty in global energy markets, and therefore threatens the economic security of the United States. (2) Further imports of petroleum products from the Republic of Iraq are inconsistent with the national security and foreign policy interests of the United States and should be eliminated until such time as they are not so inconsistent. SEC. 2. PROHIBITION ON IRAQI-ORIGIN PETROLEUM IMPORTS. The direct or indirect import from Iraq of Iraqi-origin petroleum and petroleum products is prohibited, notwithstanding an authorization by the Committee established by UNSC Resolution 661 or its designee, or any other order to the contrary. SEC. 3. TERMINATION/PRESIDENTIAL CERTIFICATION. This Act will remain in effect until such time as the President, after consultation with the relevant committees in Congress, certifies to the Congress that: (a) The United States is not engaged in active military operations in-- (1) enforcing ``No-Fly Zones'' in Iraq; (2) support of United Nations sanctions against Iraq; (3) preventing the smuggling of Iraqi-origin petroleum and petroleum products in violation of UNSC Resolution 986; and (4) otherwise preventing threatening action by Iraq against the United States or its allies; and (b) Resuming the importation of Iraqi-origin petroleum and petroleum products would not be inconsistent with the national security and foreign policy interests of the United States. SEC. 4. HUMANITARIAN INTERESTS. It is the sense of the Senate that the President should make all appropriate efforts to ensure that the humanitarian needs of the Iraqi people are not negatively affected by this Act, and should encourage through public, private, domestic and international means the direct or indirect sale, donation or other transfer to appropriate non- governmental health and humanitarian organizations and individuals within Iraq of food, medicine and other humanitarian products. SEC. 5. DEFINITIONS. (a) ``661 Committee.''--The term 661 Committee means the Security Council Committee established by UNSC Resolution 661, and persons acting for or on behalf of the Committee under its specific delegation of authority for the relevant matter or category of activity, including the overseers appointed by the UN Secretary-General to examine and approve agreements for purchases of petroleum and petroleum products from the Government of Iraq pursuant to UNSC Resolution 986. (b) ``UNSC Resolution 661.''--The term UNSC Resolution 661 means United Nations Security Council Resolution No. 661, adopted August 6, 1990, prohibiting certain transactions with respect to Iraq and Kuwait. (c) ``UNSC Resolution 986.''--The term UNSC Resolution 986 means United Nations Security Council Resolution 986, adopted April 14, 1995. SEC. 6. EFFECTIVE DATE. The prohibition on importation of Iraqi origin petroleum and petroleum products shall be effective 30 days after enactment of this Act.

Iraq Petroleum Import Restriction Act of 2001 - Prohibits the direct or indirect importation of Iraqi-origin petroleum and petroleum products into the United States, notwithstanding action by the Committee established by United Nations Security Council Resolution 661 authorizing the export of petroleum products from Iraq in exchange for humanitarian assistance. Declares such prohibition shall remain in effect until the President certifies to Congress that: (1) the United States is not engaged in certain active military operations with respect to Iraq; and (2) resuming the importation of Iraqi-origin petroleum and petroleum products would not be inconsistent with U.S. national security and foreign policy interests.Urges the President to take appropriate efforts to ensure that the humanitarian needs of the Iraqi people are not negatively affected by this Act through the transfer to Iraq of food, medicine, and other humanitarian products.

A bill to make the United States' energy policy toward Iraq consistent with the national security policies of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Litigation Savings Act''. SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS. (a) Agency Proceedings.-- (1) Eligibility parties; attorney fees.--Section 504 of title 5, United States Code, is amended-- (A) in subsection (a)(1), by inserting after ``prevailing party'' the following: ``who has a direct and personal monetary interest in the adjudication, including because of personal injury, property damage, or unpaid agency disbursement,''; and (B) in subsection (b)(1)-- (i) in subparagraph (A)(ii), by striking ``$125 per hour'' and all that follows through ``a higher fee'' and inserting ``$175 per hour''; and (ii) in subparagraph (B), by striking ``; except that'' and all that follows through ``section 601''. (2) Reduction or denial of awards.--Section 504(a)(3) of title 5, United States Code, is amended in the first sentence-- (A) by striking ``may reduce the amount to be awarded, or deny an award,'' and inserting ``shall reduce the amount to be awarded, or deny an award, commensurate with pro bono hours and related fees and expenses, or''; (B) by striking ``unduly and''; and (C) by striking ``controversy.'' and inserting ``controversy or acted in an obdurate, dilatory, mendacious, or oppressive manner, or in bad faith.''. (3) Limitation on awards.--Section 504(a) of title 5, United States Code, is amended by adding at the end the following: ``(5) A party may not receive an award of fees and other expenses under this section-- ``(A) in excess of $200,000 in any single adversary adjudication, or ``(B) for more than 3 adversary adjudications initiated in the same calendar year, unless the adjudicative officer of the agency determines that an award exceeding such limits is required to avoid severe and unjust harm to the prevailing party.''. (4) Reporting in agency adjudications.--Section 504 of such title is amended-- (A) in subsection (c)(1), by striking ``, United States Code''; and (B) by striking subsection (e) and inserting the following: ``(e)(1) The Chairman of the Administrative Conference 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 nature of and claims involved in each controversy (including the law under which the controversy arose), 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 of the total awards given, and the 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) The 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 names of the administrative law judges in the adversary adjudication that is the subject of the application. ``(D) The disposition of the application, including any appeal of action taken on the application. ``(E) The amount of each award. ``(F) The hourly rates of expert witnesses stated in the application that was awarded. ``(G) With respect to each award of fees and other expenses, the basis for the finding that the position of the agency concerned was not substantially justified. ``(2)(A) The report under paragraph (1) shall cover payments of fees and other expenses under this section that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is otherwise subject to nondisclosure provisions. ``(B) The disclosure of fees and other expenses required under subparagraph (A) does not affect any other information that is subject to nondisclosure provisions in the settlement agreement.''. (5) Adjustment of attorney fees.--Section 504 of such title is amended by adding at the end the following: ``(g) The Director of the Office of Management and Budget may adjust the maximum hourly fee set forth in subsection (b)(1)(A)(ii) for the fiscal year beginning October 1, 2012, and for each fiscal year thereafter, to reflect changes in the Consumer Price Index, as determined by the Secretary of Labor.''. (b) Court Cases.-- (1) Eligibility parties; attorney fees; limitation on awards.--Section 2412(d) of title 28, United States Code, is amended-- (A) in paragraph (1)-- (i) in subparagraph (A)-- (I) by striking ``in any civil action'' and all that follows through ``jurisdiction of that action'' and inserting ``in the civil action''; and (II) by striking ``shall award to a prevailing party other than the United States'' and inserting the following: ``, in any civil action (other than cases sounding in tort), including proceedings for judicial review of agency action, brought by or against the United States in any court having jurisdiction of that action, shall award to a prevailing party who has a direct and personal monetary interest in the civil action, including because of personal injury, property damage, or unpaid agency disbursement, other than the United States,''; and (ii) by adding at the end the following: ``(E) An individual or entity may not receive an award of fees and other expenses under this subsection in excess of-- ``(i) $200,000 in any single civil action, or ``(ii) for more than 3 civil actions initiated in the same calendar year, unless the presiding judge determines that an award exceeding such limits is required to avoid severe and unjust harm to the prevailing party.''; and (B) in paragraph (2)-- (i) in subparagraph (A)(ii), by striking ``$125 per hour'' and all that follows through ``a higher fee'' and inserting ``$175 per hour''; and (ii) in subparagraph (B), by striking ``; except that'' and all that follows through ``section 601''. (2) Reduction or denial of awards.--Section 2412(d)(1)(C) of title 28, United States Code, is amended-- (A) by striking ``, in its discretion, may reduce the amount to be awarded pursuant to this subsection, or deny an award,'' and inserting ``shall reduce the amount to be awarded under this subsection, or deny an award, commensurate with pro bono hours and related fees and expenses, or''; (B) by striking ``unduly and''; and (C) by striking ``controversy.'' and inserting ``controversy or acted in an obdurate, dilatory, mendacious, or oppressive manner, or in bad faith.''. (3) Adjustment of attorney fees.--Section 2412(d) of title 28, United States Code, is amended by adding at the end the following: ``(5) The Director of the Office of Management and Budget may adjust the maximum hourly fee set forth in paragraph (2)(A)(ii) for the fiscal year beginning October 1, 2012, and for each fiscal year thereafter, to reflect changes in the Consumer Price Index, as determined by the Secretary of Labor.''. (4) Reporting.--Section 2412(d) of title 28, United States Code, is further amended by adding at the end the following: ``(6)(A) The Chairman of the Administrative Conference 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 nature of and claims involved in each controversy (including the law under which the controversy arose), 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: ``(i) The name of the party seeking the award of fees and other expenses in the case. ``(ii) The district court hearing the case. ``(iii) The names of the presiding judges in the case. ``(iv) The agency involved in the case. ``(v) The disposition of the application for fees and other expenses, including any appeal of action taken on the application. ``(vi) The amount of each award. ``(vii) The hourly rates of expert witnesses stated in the application that was awarded. ``(viii) With respect to each award of fees and other expenses, the basis for the finding that the position of the agency concerned was not substantially justified. ``(B)(i) The report under subparagraph (A) shall cover payments of fees and other expenses under this subsection that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is otherwise subject to nondisclosure provisions. ``(ii) The disclosure of fees and other expenses required under clause (i) does not affect any other information that is subject to nondisclosure provisions in the settlement agreement. ``(C) The Chairman of the Administrative Conference shall include in the annual report under subparagraph (A), for each case in which an award of fees and other expenses is included in the report-- ``(i) any amounts paid from section 1304 of title 31 for a judgment in the case; ``(ii) the amount of the award of fees and other expenses; and ``(iii) the statute under which the plaintiff filed suit. ``(D) The Attorney General of the United States shall provide to the Chairman of the Administrative Conference of the United States such information as the Chairman requests to carry out this paragraph.''. (c) Effective Date.-- (1) Modifications to procedures.--The amendments made by-- (A) paragraphs (1), (2), and (3) of subsection (a) shall apply with respect to adversary adjudications commenced on or after the date of the enactment of this Act; and (B) paragraphs (1) and (2) of subsection (b) shall apply with respect to civil actions commenced on or after such date of enactment. (2) Reporting.--The amendments made by paragraphs (4) and (5) of subsection (a) and by paragraphs (3) and (4) of subsection (b) shall take effect on the date of the enactment of this Act. SEC. 3. GAO STUDY. Not later than 30 days after the date of the enactment of this Act, the Comptroller General shall commence an audit of the implementation 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.

Government Litigation Savings Act - Revises provisions of the Equal Access to Justice Act (EAJA) and the federal judicial code relating to the fees and other expenses of parties in agency proceedings and court cases against the federal government to: (1) restrict awards of fees and other expenses under such Act to prevailing parties with a direct and personal monetary interest in an adjudication, including because of personal injury, property damage, or an unpaid agency disbursement; (2) require the reduction or denial of awards commensurate with pro bono hours and related fees and expenses to parties who have acted in an obdurate, dilatory, mendacious, or oppressive manner or in bad faith; (3) limit awards to not more than $200,000 in any single adversary adjudication or for more than three adversary adjudications in the same calendar year (unless the adjudicating officer or judge determines that a higher award is required to avoid severe and unjust harm to the prevailing party); and (4) expand the reporting requirements of the Chairman of the Administrative Conference of the United States with respect to fees and other expenses awarded to prevailing parties during the preceding fiscal year. Requires the Comptroller General to audit the implementation of EAJA for the years 1995 through the end of the calendar year in which this Act is enacted.

A bill to amend title 5 and 28, United States Code, with respect to the award of fees and other expenses in cases brought against agencies of the United States, to require the Administrative Conference 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 ``New and Emerging Technologies 911 Improvement Act of 2008'' or the ``NET 911 Improvement Act of 2008''. TITLE I--911 SERVICES AND IP-ENABLED VOICE SERVICE PROVIDERS SEC. 101. DUTY TO PROVIDE 911 AND ENHANCED 911 SERVICE. The Wireless Communications and Public Safety Act of 1999 is amended-- (1) by redesignating section 6 (47 U.S.C. 615b) as section 7; (2) by inserting after section 5 the following new section: ``SEC. 6. DUTY TO PROVIDE 9-1-1 AND ENHANCED 9-1-1 SERVICE. ``(a) Duties.--It shall be the duty of each IP-enabled voice service provider to provide 9-1-1 service and enhanced 9-1-1 service to its subscribers in accordance with the requirements of the Federal Communications Commission, as in effect on the date of enactment of the New and Emerging Technologies 911 Improvement Act of 2008 and as such requirements may be modified by the Commission from time to time. ``(b) Parity for IP-Enabled Voice Service Providers.--An IP-enabled voice service provider that seeks capabilities to provide 9-1-1 and enhanced 9-1-1 service from an entity with ownership or control over such capabilities, to comply with its obligations under subsection (a), shall, for the exclusive purpose of complying with such obligations, have a right of access to such capabilities, including interconnection, to provide 9-1-1 and enhanced 9-1-1 service on the same rates, terms, and conditions that are provided to a provider of commercial mobile service (as such term is defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d))), subject to such regulations as the Commission prescribes under subsection (c). ``(c) Regulations.--The Commission-- ``(1) within 90 days after the date of enactment of the New and Emerging Technologies 911 Improvement Act of 2008, shall issue regulations implementing such Act, including regulations that-- ``(A) ensure that IP-enabled voice service providers have the ability to exercise their rights under subsection (b); ``(B) take into account any technical, network security, or information privacy requirements that are specific to IP- enabled voice services; and ``(C) provide, with respect to any capabilities that are not required to be made available to a commercial mobile service provider but that the Commission determines under subparagraph (B) of this paragraph or paragraph (2) are necessary for an IP-enabled voice service provider to comply with its obligations under subsection (a), that such capabilities shall be available at the same rates, terms, and conditions as would apply if such capabilities were made available to a commercial mobile service provider; ``(2) shall require IP-enabled voice service providers to which the regulations apply to register with the Commission and to establish a point of contact for public safety and government officials relative to 9-1-1 and enhanced 9-1-1 service and access; and ``(3) may modify such regulations from time to time, as necessitated by changes in the market or technology, to ensure the ability of an IP-enabled voice service provider to comply with its obligations under subsection (a) and to exercise its rights under subsection (b). ``(d) Delegation of Enforcement to State Commissions.--The Commission may delegate authority to enforce the regulations issued under subsection (c) to State commissions or other State or local agencies or programs with jurisdiction over emergency communications. Nothing in this section is intended to alter the authority of State commissions or other State or local agencies with jurisdiction over emergency communications, provided that the exercise of such authority is not inconsistent with Federal law or Commission requirements. ``(e) Implementation.-- ``(1) Limitation.--Nothing in this section shall be construed to permit the Commission to issue regulations that require or impose a specific technology or technological standard. ``(2) Enforcement.--The Commission shall enforce this section as if this section was a part of the Communications Act of 1934. For purposes of this section, any violations of this section, or any regulations promulgated under this section, shall be considered to be a violation of the Communications Act of 1934 or a regulation promulgated under that Act, respectively. ``(f) State Authority Over Fees.-- ``(1) Authority.--Nothing in this Act, the Communications Act of 1934 (47 U.S.C. 151 et seq.), the New and Emerging Technologies 911 Improvement Act of 2008, or any Commission regulation or order shall prevent the imposition and collection of a fee or charge applicable to commercial mobile services or IP-enabled voice services specifically designated by a State, political subdivision thereof, Indian tribe, or village or regional corporation serving a region established pursuant to the Alaska Native Claims Settlement Act, as amended (85 Stat. 688) for the support or implementation of 9-1-1 or enhanced 9-1-1 services, provided that the fee or charge is obligated or expended only in support of 9-1-1 and enhanced 9-1- 1 services, or enhancements of such services, as specified in the provision of State or local law adopting the fee or charge. For each class of subscribers to IP-enabled voice services, the fee or charge may not exceed the amount of any such fee or charge applicable to the same class of subscribers to telecommunications services. ``(2) Fee accountability report.--To ensure efficiency, transparency, and accountability in the collection and expenditure of a fee or charge for the support or implementation of 9-1-1 or enhanced 9-1-1 services, the Commission shall submit a report within 1 year after the date of enactment of the New and Emerging Technologies 911 Improvement Act of 2008, and annually thereafter, to the Committee on Commerce, Science and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives detailing the status in each State of the collection and distribution of such fees or charges, and including findings on the amount of revenues obligated or expended by each State or political subdivision thereof for any purpose other than the purpose for which any such fees or charges are specified. ``(g) Availability of PSAP Information.--The Commission may compile a list of public safety answering point contact information, contact information for providers of selective routers, testing procedures, classes and types of services supported by public safety answering points, and other information concerning 9-1-1 and enhanced 9-1-1 elements, for the purpose of assisting IP-enabled voice service providers in complying with this section, and may make any portion of such information available to telecommunications carriers, wireless carriers, IP-enabled voice service providers, other emergency service providers, or the vendors to or agents of any such carriers or providers, if such availability would improve public safety. ``(h) Development of standards.--The Commission shall work cooperatively with public safety organizations, industry participants, and the E-911 Implementation Coordination Office to develop best practices that promote consistency, where appropriate, including procedures for-- ``(1) defining geographic coverage areas for public safety answering points; ``(2) defining network diversity requirements for delivery of IP-enabled 9-1-1 and enhanced 9-1-1 calls; ``(3) call-handling in the event of call overflow or network outages; ``(4) public safety answering point certification and testing requirements; ``(5) validation procedures for inputting and updating location information in relevant databases; and ``(6) the format for delivering address information to public safety answering points. ``(i) Rule of Construction.--Nothing in the New and Emerging Technologies 911 Improvement Act of 2008 shall be construed as altering, delaying, or otherwise limiting the ability of the Commission to enforce the Federal actions taken or rules adopted obligating an IP- enabled voice service provider to provide 9-1-1 or enhanced 9-1-1 service as of the date of enactment of the New and Emerging Technologies 911 Improvement Act of 2008.''; and (3) in section 7 (as redesignated by paragraph (1) of this section) by adding at the end the following new paragraph: ``(8) IP-enabled voice service.--The term `IP-enabled voice service' has the meaning given the term `interconnected VoIP service' by section 9.3 of the Federal Communications Commission's regulations (47 CFR 9.3).''. SEC. 102. MIGRATION TO IP-ENABLED EMERGENCY NETWORK. Section 158 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942) is amended-- (1) in subsection (b)(1), by inserting before the period at the end the following: ``and for migration to an IP-enabled emergency network''; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (3) by inserting after subsection (c) the following new subsection: ``(d) Migration Plan Required.-- ``(1) National plan required.--No more than 270 days after the date of enactment of the New and Emerging Technologies 911 Improvement Act of 2008, the Office shall develop and report to Congress on a national plan for migrating to a national IP-enabled emergency network capable of receiving and responding to all citizen-activated emergency communications and improving information sharing among all emergency response entities. ``(2) Contents of plan.--The plan required by paragraph (1) shall-- ``(A) outline the potential benefits of such a migration; ``(B) identify barriers that must be overcome and funding mechanisms to address those barriers; ``(C) provide specific mechanisms for ensuring the IP- enabled emergency network is available in every community and is coordinated on a local, regional, and statewide basis; ``(D) identify location technology for nomadic devices and for office buildings and multi-dwelling units; ``(E) include a proposed timetable, an outline of costs, and potential savings; ``(F) provide specific legislative language, if necessary, for achieving the plan; ``(G) provide recommendations on any legislative changes, including updating definitions, that are necessary to facilitate a national IP-enabled emergency network; ``(H) assess, collect, and analyze the experiences of the public safety answering points and related public safety authorities who are conducting trial deployments of IP-enabled emergency networks as of the date of enactment of the New and Emerging Technologies 911 Improvement Act of 2008; ``(I) identify solutions for providing 9-1-1 and enhanced 9-1-1 access to those with disabilities and needed steps to implement such solutions, including a recommended timeline; and ``(J) analyze efforts to provide automatic location for enhanced 9-1-1 services and provide recommendations on regulatory or legislative changes that are necessary to achieve automatic location for enhanced 9-1-1 services. ``(3) Consultation.--In developing the plan required by paragraph (1), the Office shall consult with representatives of the public safety community, groups representing those with disabilities, technology and telecommunications providers, IP- enabled voice service providers, Telecommunications Relay Service providers, and other emergency communications providers and others it deems appropriate.''. TITLE II--PARITY OF PROTECTION SEC. 201. LIABILITY. (a) Amendments.--Section 4 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a) is amended-- (1) by striking ``parity of protection for provision or use of wireless service.'' in the section heading and inserting ``service provider parity of protection.''; (2) in subsection (a)-- (A) by striking ``wireless carrier,'' and inserting ``wireless carrier, IP-enabled voice service provider, or other emergency communications provider,''; (B) by striking ``its officers'' the first place it appears and inserting ``their officers''; (C) by striking ``emergency calls or emergency services'' and inserting ``emergency calls, emergency services, or other emergency communications services''; (3) in subsection (b)-- (A) by striking ``using wireless 9-1-1 service shall'' and inserting ``using wireless 9-1-1 service, or making 9-1-1 communications via IP-enabled voice service or other emergency communications service, shall''; and (B) by striking ``that is not wireless'' and inserting ``that is not via wireless 9-1-1 service, IP-enabled voice service, or other emergency communications service''; and (4) in subsection (c)-- (A) by striking ``wireless 9-1-1 communications, a PSAP'' and inserting ``9-1-1 communications via wireless 9-1-1 service, IP-enabled voice service, or other emergency communications service, a PSAP''; and (B) by striking ``that are not wireless'' and inserting ``that are not via wireless 9-1-1 service, IP-enabled voice service, or other emergency communications service''. (b) Definition.--Section 7 of the Wireless Communications and Public Safety Act of 1999 (as redesignated by section 101(1) of this Act) is further amended by adding at the end the following new paragraphs: ``(8) Other emergency communications service.--The term `other emergency communications service' means the provision of emergency information to a public safety answering point via wire or radio communications, and may include 9-1-1 and enhanced 9-1-1 service. ``(9) Other emergency communications service provider.--The term `other emergency communications service provider' means-- ``(A) an entity other than a local exchange carrier, wireless carrier, or an IP-enabled voice service provider that is required by the Federal Communications Commission consistent with the Commission's authority under the Communications Act of 1934 to provide other emergency communications services; or ``(B) in the absence of a Commission requirement as described in subparagraph (A), an entity that voluntarily elects to provide other emergency communications services and is specifically authorized by the appropriate local or State 9- 1-1 service governing authority to provide other emergency communications services. ``(10) Enhanced 9-1-1 service.--The term `enhanced 9-1-1 service' means the delivery of 9-1-1 calls with automatic number identification and automatic location identification, or successor or equivalent information features over the wireline E911 network (as defined in section 9.3 of the Federal Communications Commission's regulations (47 C.F.R. 9.3) as of the date of enactment of the New and Emerging Technologies 911 Improvement Act of 2008) and equivalent or successor networks and technologies. The term also includes any enhanced 9-1-1 service so designated by the Commission in its Report and Order in WC Docket Nos. 04-36 and 05- 196, or any successor proceeding.''. TITLE III--AUTHORITY TO PROVIDE CUSTOMER INFORMATION FOR 911 PURPOSES SEC. 301. AUTHORITY TO PROVIDE CUSTOMER INFORMATION. Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is amended-- (1) by inserting ``or the user of an IP-enabled voice service (as such term is defined in section 7 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b))'' after ``section 332(d))'' each place it appears in subsections (d)(4) and (f)(1); (2) by striking ``Wireless'' in the heading of subsection (f); and (3) in subsection (g), by inserting ``or a provider of IP- enabled voice service (as such term is defined in section 7 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b))'' after ``telephone exchange service''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

New and Emerging Technologies 911 Improvement Act of 2008 or the NET 911 Improvement Act of 2008 - Title I: Services and IP-Enabled Voice Service Providers - (Sec. 101) Amends the IP-Enabled Voice Communications and Public Safety Act of 1999 to require IP-enabled voice service providers to provide 9-1-1 service, including enhanced 9-1-1 service, to their subscribers. Grants such providers, in meeting that requirement, the same rights, including rights of interconnection, on the same rates, terms, and conditions, as are provided to a provider of commercial mobile service. Allows a state or tribal fee for 9-1-1 or enhanced 9-1-1 services, provided it is used only for such services or related enhancements and provided that, for each class of IP-enabled voice services subscribers, the fee does not exceed the fee for the same class of subscribers to telecommunications services. Requires an annual report to the Committee on Commerce, Science and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives detailing the status in each state of the collection and distribution of such fees. Authorizes the Federal Communications Commission (FCC) to compile a list of public safety answering point (PSAP) contact information and other information concerning 911 elements to assist IP-enabled voice service providers in complying with requirements imposed by this Act, and to make any portion of the information available to telecommunications carriers, wireless carriers, IP-enabled voice service providers, or other emergency service providers to improve public safety. Requires the FCC to work cooperatively with public safety organizations, industry participants, and the E-911 Implementation Coordination Office to develop best practices that promote consistency, where appropriate, including procedures for defining PSAP geographic coverage areas, defining network diversity requirements for delivery of IP-enabled 9-1-1 and enhanced 9-1-1 calls, call-handling in the event of call overflow or network outages, PSAP certification and testing requirements, database validation, and the format for delivering address information to PSAPs. (Sec. 102) Amends the National Telecommunications and Information Administration Organization Act to require grants for migration to an IP-enabled emergency network. Requires the E-911 Implementation Coordination Office to develop a national plan for migrating to a national IP-enabled emergency network. Title II: Parity of Protection - (Sec. 201) Amends the Wireless Communications and Public Safety Act of 1999 to require, for IP-enabled voice service carriers, IP-enabled voice users of 911 communications, and public safety answering points (facilities designated to receive 911 calls and route them to emergency personnel) (PSAPs), parity in liability protection with local exchange companies, non-wireless 911 service users, and non-wireless PSAPs, respectively. Title III: Authority to Provide Customer Information for 911 Purposes - (Sec. 301) Amends the Communications Act of 1934 to authorize a telecommunications carrier to use, disclose, or permit access to call location information in emergencies. Requires IP-enabled voice service providers to provide subscriber list information to emergency service providers.

A bill to promote and enhance public safety by facilitating the rapid deployment of IP-enabled 911 and E-911 services, encourage the Nation's transition to a national IP-enabled emergency network, and improve 911 and E-911 access to those with disabilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Preventive Services Coverage Act of 2007''. SEC. 2. EXTENDING THE ELIGIBILITY PERIOD FOR A ``WELCOME TO MEDICARE'' PHYSICAL EXAMINATION FROM SIX MONTHS TO ONE YEAR. (a) In General.--Section 1862(a)(1)(K) of the Social Security Act (42 U.S.C. 1395y(a)(1)(K)) is amended by striking ``6 months'' and inserting ``1 year''. (b) Effective Date.--The amendment made by subsection (a) shall apply to initial preventive physician examinations performed on or after January 1, 2008. SEC. 3. COVERAGE AND WAIVER OF COST-SHARING FOR PREVENTIVE SERVICES. (a) Preventive Services Defined; Coverage of Additional Preventive Services.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) in subparagraph (Z), by striking ``and'' after the semicolon at the end; (B) in subparagraph (AA), by adding ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(BB) additional preventive services (described in subsection (ccc)(1)(O));''; and (2) by adding at the end the following new subsection: ``Preventive Services ``(ccc)(1) The term `preventive services' means the following: ``(A) Prostate cancer screening tests (as defined in subsection (oo)). ``(B) Colorectal cancer screening tests (as defined in subsection (pp)). ``(C) Diabetes outpatient self-management training services (as defined in subsection (qq)). ``(D) Screening for glaucoma for certain individuals (as described in subsection (s)(2)(U)). ``(E) Medical nutrition therapy services for certain individuals (as described in subsection (s)(2)(V)). ``(F) An initial preventive physical examination (as defined in subsection (ww)). ``(G) Cardiovascular screening blood tests (as defined in subsection (xx)(1)). ``(H) Diabetes screening tests (as defined in subsection (yy)). ``(I) Ultrasound screening for abdominal aortic aneurysm for certain individuals (as described in subsection (s)(2)(AA)). ``(J) Pneumococcal and influenza vaccine and their administration (as described in subsection (s)(10)(A)). ``(K) Hepatitis B vaccine and its administration for certain individuals (as described in subsection (s)(10)(B)). ``(L) Screening mammography (as defined in subsection (jj)). ``(M) Screening pap smear and screening pelvic exam (as described in subsection (s)(14)). ``(N) Bone mass measurement (as defined in subsection (rr)). ``(O) Additional preventive services (as determined under paragraph (2)). ``(2)(A) The term `additional preventive services' means items and services, including mental health services, not described in subparagraphs (A) through (N) of paragraph (1) that the Secretary determines to be reasonable and necessary for the prevention or early detection of an illness or disability. ``(B) In making determinations under subparagraph (A), the Secretary shall-- ``(i) take into account evidence-based recommendations by the United States Preventive Services Task Force and other appropriate organizations; and ``(ii) use the process for making national coverage determinations (as defined in section 1869(f)(1)(B)) under this title.''. (b) Payment and Elimination of Cost-Sharing.-- (1) In general.-- (A) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) in clause (T), by striking ``80 percent'' and inserting ``100 percent''; (ii) by striking ``and'' before ``(V)''; and (iii) by inserting before the semicolon at the end the following: ``, and (W) with respect to additional preventive services (as defined in section 1861(ccc)(2)) and other preventive services for which a payment rate is not otherwise established under this section, the amount paid shall be 100 percent of the lesser of the actual charge for the services or the amount determined under a fee schedule established by the Secretary for purposes of this clause''. (B) Application to sigmoidoscopies and colonoscopies.--Section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) is amended-- (i) in paragraph (2)(C), by amending clause (ii) to read as follows: ``(ii) No coinsurance.--In the case of a beneficiary who receives services described in clause (i), there shall be no coinsurance applied.''; and (ii) in paragraph (3)(C), by amending clause (ii) to read as follows: ``(ii) No coinsurance.--In the case of a beneficiary who receives services described in clause (i), there shall be no coinsurance applied.''. (2) Elimination of coinsurance in outpatient hospital settings.-- (A) Exclusion from opd fee schedule.--Section 1833(t)(1)(B)(iv) of the Social Security Act (42 U.S.C. 1395l(t)(1)(B)(iv)) is amended by striking ``screening mammography (as defined in section 1861(jj)) and diagnostic mammography'' and inserting ``diagnostic mammography and preventive services (as defined in section 1861(ccc)(1))''. (B) Conforming amendments.--Section 1833(a)(2) of the Social Security Act (42 U.S.C. 1395l(a)(2)) is amended-- (i) in subparagraph (F), by striking ``and'' after the semicolon at the end; (ii) in subparagraph (G)(ii), by adding ``and'' at the end; and (iii) by adding at the end the following new subparagraph: ``(H) with respect to additional preventive services (as defined in section 1861(ccc)(2)) furnished by an outpatient department of a hospital, the amount determined under paragraph (1)(W);''. (3) Waiver of application of deductible for all preventive services.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (A) in clause (1), by striking ``items and services described in section 1861(s)(10)(A)'' and inserting ``preventive services (as defined in section 1861(ccc)(1))''; (B) by inserting ``and'' before ``(4)''; and (C) by striking clauses (5) through (8). (c) Inclusion as Part of Initial Preventive Physical Examination.-- Section 1861(ww)(2) of the Social Security Act (42 U.S.C. 1395x(ww)(2)) is amended by adding at the end the following new subparagraph: ``(M) Additional preventive services (as defined in subsection (ccc)(2)).''. (d) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2008.

Medicare Preventive Services Coverage Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to: (1) extend from six months to one year the eligibility period for the "Welcome to Medicare" physical examination; and (2) cover and waive cost-sharing for specified additional preventive screening services.

A bill to amend title XVIII of the Social Security Act to extend for 6 months the eligibility period for the "Welcome to Medicare" physical examination and to provide for the coverage and waiver of cost-sharing for preventive services under the Medicare program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farmers and Ranchers Minimizing Estate Regulations Act of 2013'' or the ``FARMER Act of 2013''. SEC. 2. MODIFICATIONS TO ALTERNATE VALUATION OF FARM, ETC., REAL PROPERTY. (a) Maximum Reduction Increased to $2,000,000.-- (1) In general.--Paragraph (2) of section 2032A(a) of the Internal Revenue Code of 1986 (relating to limitation on aggregate reduction in fair market value) is amended by striking ``$750,000'' and inserting ``$2,000,000''. (2) Conforming amendment.--The first sentence of section 2032A(a)(3) of such Code is amended to read as follows: ``In the case of estates of decedents dying in a calendar year after 2012, the $2,000,000 amount contained in paragraph (2) shall be increased by an amount equal to-- ``(A) $2,000,000, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2011' for `calendar year 1992' in subparagraph (B) thereof.''. (b) Reduction in Required Holding and Use Periods of Decedent.-- Subparagraph (C) of section 2032A(b)(1) of such Code is amended-- (1) by striking ``8-year period'' and inserting ``5-year period'', and (2) by striking ``5 years'' and inserting ``3 years''. (c) Reduction in Required Holding and Use Periods To Avoid Recapture.-- (1) In general.--Paragraph (1) of section 2032A(c) of such Code is amended-- (A) by striking ``10 years'' and inserting ``5 years'', and (B) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) there have been periods aggregating 3 years or more during which the qualified heir does not use for the qualified use the qualified real property which was acquired (or passed) from the decedent,''. (2) Conforming amendment.--Clause (ii) of section 2032A(c)(7)(A) of such Code is amended by striking ``10-year'' and inserting ``5-year''. (d) Certain Rents From Controlled Entities Treated as Qualified.-- Subparagraph (E) of section 2032A(c)(7) of such Code is amended by inserting ``(or to an entity more than 50 percent (by vote and value) of the equity interests in which are owned directly by members of such family)'' after ``descendant''. (e) Repeal of Use of Gross Cash Rental of Comparable Land in Valuing Farms.-- (1) In general.--Subparagraphs (A) and (B) of section 2032A(e)(7) of such Code (relating to method of valuing farms) are amended to read as follows: ``(A) In general.--The value of a farm for farming purposes shall be determined by dividing-- ``(i) the excess of the average annual net share rental for comparable land used for farming purposes and located in the locality of such farm over the average annual State and local real estate taxes for such comparable land, by ``(ii) the average annual effective interest rate for all new Federal Land Bank loans. For purposes of the preceding sentence, the average annual net share rental computation shall be made on the basis of the 5 most recent calendar years ending before the date of the decedent's death. ``(B) Net share rental.--For purposes of this paragraph, the term `net share rental' means the excess of-- ``(i) the value of the produce received by the lessor of the land on which such produce is grown, over ``(ii) the cash operating expenses of growing such produce which, under the lease, are paid by the lessor.''. (2) Conforming amendment.--Subparagraph (C) of section 2032A(e)(7) of such Code is amended by striking ``that there is no comparable land from which the average annual gross cash rental may be determined, and''. (f) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act. SEC. 3. WOODLANDS SUBJECT TO MANAGEMENT PLAN. (a) In General.--Paragraph (2) of section 2032A(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(F) Exception for woodlands subject to management plan.--Subparagraph (E) shall not apply to any disposition or severance of standing timber on a qualified woodland if the harvest is-- ``(i) consistent with a written forest management plan developed under the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103a), or an equivalent plan approved by the State Forester, ``(ii) conducted under the guidance of a qualified forestry professional (as determined by the Secretary in consultation with the United States Forest Service), or ``(iii) conducted on lands certified to a third-party audited forest certification system or similar land management protocol, as determined by the United States Forest Service.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to the disposition or severance of standing timber after the date of the enactment of this Act.

Farmers and Ranchers Minimizing Estate Regulations Act of 2013 or the FARMER Act of 2013 - Amends the Internal Revenue Code, with respect to the special use valuation of farms and other property used in a trade or business for estate tax purposes, to: (1) increase to $2 million the allowable reduction in the fair market value of such property for valuation purposes, (2) reduce the required holding period for such property for eligibility and recapture purposes, (3) allow rentals of such property by controlled entities to qualify as a special use, (4) repeal the requirement to use the gross cash rental method for valuing such property, and (5) exempt woodlands subject to a management plan from the additional tax for early dispositions of such property and for failure to comply with special use requirements.

FARMER Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fund and Complete the Border Wall Act''. SEC. 2. BORDER WALL TRUST FUND. (a) Establishment of Fund.--At the end of subchapter III of chapter 33 of title 31, United States Code, insert the following: ``Sec. 3344. Secure the Southern Border Fund. ``(a) In General.--Not later than 60 days after the date of enactment of this section, the Secretary of the Treasury shall establish an account in the Treasury of the United States, to be known as the `Secure the Southern Border Fund', into which funds shall be deposited in accordance with the Fund and Complete the Border Wall Act and the amendments made by that Act. ``(b) Appropriation.--Funds deposited in the Secure the Southern Border Fund shall be available until expended. Such funds are authorized to be appropriated, and are appropriated, to the Secretary of Homeland Security only-- ``(1) to plan, design, construct, or maintain a barrier along the international border between the United States and Mexico; and ``(2) to purchase and maintain necessary vehicles and equipment for U.S. Border Patrol agents. ``(c) Limitation.--Not more than 5 percent of the funds deposited in the Secure the Southern Border Fund may be used for the purpose described in subsection (b)(2).''. (b) Clerical Amendment.--The table of contents for chapter 33 of title 31, United States Code, is amended by inserting at the end the following: ``3344. Secure the Southern Border Fund.''. SEC. 3. BORDER CROSSING ACCOUNTABILITY AND SECURITY. (a) Estimation of Annual Illegal Border Crossings.--Beginning with the first fiscal year that begins after the date of the enactment of this Act, not later than 30 days after the end of each fiscal year, the Secretary of Homeland Security shall determine and report to the Secretary of State and the Committees on the Judiciary of the House of Representatives and of the Senate-- (1) the number of apprehensions that occurred during such fiscal year of aliens who entered the United States by illegally crossing the international land border between the United States and Mexico; and (2) the nationality of aliens described in paragraph (1). (b) Reduction of Foreign Assistance.-- (1) In general.--Except as provided under paragraph (2), the Secretary of State shall proportionately reduce the amount of Federal financial assistance provided to a foreign state for the fiscal year in which a report under subsection (a) is made by a total of $2,000 for each alien described in such report who is a citizen or national of that country. (2) Exception.--Notwithstanding paragraph (1), the Secretary of State may opt not to reduce the amounts appropriated for the Government of Mexico from the International Military Education and Training Fund, the International Narcotics Control and Law Enforcement Fund, and the fund to carry out nonproliferation, anti-terrorism, demining, and related programs and activities. (c) Transfer of Funds to Secure the Southern Border Fund.--The Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of the Treasury, shall transfer funds described in subsection (b) into the Secure the Southern Border Fund established by the amendment made by section 2 of this Act. SEC. 4. FEES FOR CERTAIN REMITTANCE TRANSFERS. Section 920 of the Electronic Fund Transfer Act (relating to remittance transfers) (15 U.S.C. 1693o-1) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g) Secure the Southern Border Fund Fee.-- ``(1) In general.--If the designated recipient of a remittance transfer is located outside of the United States, a remittance transfer provider shall collect from the sender of such remittance transfer a remittance fee equal to 5 percent of the United States dollar amount to be transferred. ``(2) Transfer of funds.--Not later than 90 days after the date of enactment of this subsection, the Secretary of the Treasury, in consultation with the Bureau and remittance transfer providers, shall develop and make available a system for remittance transfer providers to submit the remittance fees collected in accordance with paragraph (1) to the Secure the Southern Border Fund established under section 3344 of title 31, United States Code. ``(3) Penalties.-- ``(A) Whoever, with the intent to evade a remittance fee to be collected in accordance with this subsection, and who has knowledge that, at the time of a remittance transfer, the value of the funds involved in the transfer will be further transferred to a recipient located outside of the United States, requests or facilitates such remittance transfer to a recipient located outside of the United States shall be subject to a penalty of not more than $500,000 or twice the value of the funds involved in the remittance transfer, whichever is greater, or imprisonment for not more than 20 years, or both. ``(B) Any foreign country that, in the joint determination of the Secretary of Homeland Security, the Secretary of the Treasury, and the Secretary of State, aids or harbors an individual conspiring to avoid the fee collected in accordance with this subsection shall be ineligible to receive foreign assistance and to participate in the visa waiver program or any other programs, at the discretion of the Secretaries described in this subparagraph.''. SEC. 5. FEES FOR FORM I-94. (a) Fee Increase.--The Secretary of Homeland Security shall increase the fee collected for services performed in processing U.S. Customs and Border Protection Form I-94, Arrival/Departure Record, from $6 to $25. (b) Disposition of Fees Collected.--Notwithstanding any other provision of law, including section 286(q) of the Immigration and Nationality Act (8 U.S.C. 1356(q)), all fees collected for services performed in processing U.S. Customs and Border Protection Form I-94 shall be allocated as follows: (1) $6 shall be deposited in the Land Border Inspection Fee Account and used in accordance with such section 286(q). (2) To the extent provided in advance in appropriations Acts, $10 shall be used for salaries for U.S. Border Patrol agents. (3) $9 shall be deposited in the Secure the Southern Border Fund established by the amendment made by section 2 of this Act. SEC. 6. CONSTRUCTION OF BORDER WALL. (a) Improvement of Barriers at Border.--Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C. 1103 note) is amended-- (1) by amending subsection (a) to read as follows: ``(a) In General.--Not later than December 31, 2019, the Secretary of Homeland Security shall take such actions as may be necessary (including the removal of obstacles to detection of illegal entrants) to design, test, construct, and install physical barriers, roads, and technology along the international land border between the United States and Mexico to prevent illegal crossings in all areas.''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) in the paragraph heading, by striking ``Additional fencing'' and inserting ``Fencing''; (ii) by striking subparagraph (A) and inserting the following: ``(A) Physical barriers.--In carrying out subsection (a), the Secretary of Homeland Security shall construct physical barriers, including secondary barriers in locations where there is already a fence, along the international land border between the United States and Mexico that will prevent illegal entry and will assist in gaining operational control of the border (as defined in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109- 367)).''; (iii) by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; (iv) in subparagraph (B), as so redesignated-- (I) by striking clause (i) and inserting the following: ``(i) In general.--In carrying out this section, the Secretary of Homeland Security shall, before constructing physical barriers in a specific area or region, consult with the Secretary of the Interior, the Secretary of Agriculture, appropriate Federal, State, local, and tribal governments, and appropriate private property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites at which such physical barriers are to be constructed. Nothing in this paragraph should be construed to limit the Secretary of Homeland Security's authority to move forward with construction after consultation.''; (II) by redesignating clause (ii) as clause (iii); and (III) by inserting after clause (i), as amended, the following new clause: ``(ii) Notification.--Not later than 60 days after the consultation required under clause (i), the Secretary of Homeland Security shall notify the Committees on the Judiciary of the House of Representatives and of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate of the type of physical barriers, tactical infrastructure, or technology the Secretary has determined is most practical and effective to achieve situational awareness and operational control in a specific area or region and the other alternatives the Secretary considered before making such a determination.''; and (v) by striking subparagraph (C), as so redesignated, and inserting the following: ``(C) Limitation on requirements.--Notwithstanding subparagraph (A), nothing in this paragraph shall require the Secretary of Homeland Security to install fencing, physical barriers, or roads, in a particular location along the international border between the United States and Mexico, if the Secretary determines that there is a pre-existing geographical barrier or pre-constructed, impenetrable wall. The Secretary must notify the House and Senate Committees on the Judiciary, the House Committee on Homeland Security, and the Senate Committee on Homeland Security and Governmental Affairs of any decision not to install fencing in accordance with this provision within 30 days of a determination being made.''; (B) in paragraph (2)-- (i) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; and (ii) by striking ``fences'' and inserting ``physical barriers and roads''; and (C) in paragraph (3)-- (i) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; and (ii) by striking ``additional fencing'' and inserting ``physical barriers and roads''; and (3) in subsection (c), by amending paragraph (1) to read as follows: ``(1) In general.--Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements the Secretary, in the Secretary's sole discretion, determines necessary to ensure the expeditious design, testing, construction, installation, deployment, operation, and maintenance of physical barriers, roads, and technology under this section. Any such decision by the Secretary shall be effective upon publication in the Federal Register.''. (b) Achieving Operational Control on the Border.--Subsection (a) of section 2 the Secure Fence Act of 2006 (8 U.S.C. 1701 note) is amended, in the matter preceding paragraph (1), by striking ``18 months after the date of the enactment of this Act'' and inserting ``December 31, 2019''. SEC. 7. FAIR LABOR STANDARDS ACT FOR U.S. BORDER PATROL. (a) In General.--Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following: ``(s) Employment as a Border Patrol Agent.--No public agency shall be deemed to have violated subsection (a) with respect to the employment of any border patrol agent (as defined in section 5550(1) of title 5, United States Code) if, during a work period of 14 consecutive days, the border patrol agent receives compensation at a rate that is not less than 150 percent of the regular rate at which the agent is employed for all hours of work from 80 hours to 100 hours. Payments required under this section shall be in addition to any payments made under section 5550 of title 5, United States Code, and shall be made notwithstanding any pay limitations set forth in that title.''. (b) Technical and Conforming Amendments.--Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended by striking paragraph (18) and redesignating paragraph (19) as paragraph (18). SEC. 8. SEVERABILITY. If any provision of this Act, or an amendment made by this Act, or the application of such provision or amendment to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected.

Fund and Complete the Border Wall Act This bill directs the Department of the Treasury to establish the Secure the Southern Border Fund to provide funds to the Department of Homeland Security (DHS) to: (1) construct a barrier along the U.S.-Mexico international border, and (2) purchase U.S. Border Patrol vehicles and equipment. DHS shall annually provide the Department of State and Congress with the number of apprehensions and nationality of aliens who illegally entered the United States through the U.S- Mexico land border. The bill reduces by $2,000 per alien the foreign assistance provided to the countries of nationality of such aliens and transfers such revenue to the fund. The State Department may opt to not reduce appropriations to Mexico for military, narcotics control, and anti-terrorism activities. The Electronic Fund Transfer Act is amended to establish a 5% foreign remittance fee to be transferred to the fund. A foreign country that aids an individual to avoid such fee shall be ineligible for foreign assistance and the visa waiver program. The bill increases the fee for the alien admission/departure I-94 form and transfers such revenue to the fund, the Land Border Inspection Fee account, and the Border Patrol. The bill directs DHS by December 31, 2019, to: (1) design and install physical barriers, roads, and technology along the the U.S.-Mexico international border to prevent illegal crossings; and (2) achieve operational control of the U.S. international land and maritime borders. The Fair Labor Standards Act of 1938 is amended to permit Border Patrol agents to receive overtime pay.

Fund and Complete the Border Wall Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Accounting Oversight Board Act of 2009''. SEC. 2. THE FEDERAL ACCOUNTING OVERSIGHT BOARD. (a) Establishment.--There is hereby established the Federal Accounting Oversight Board (hereinafter in this Act referred to as the ``FAOB''). (b) Duties.-- (1) Approval of accounting policy.--The FAOB shall approve and oversee accounting principles and standards for purposes of the Federal financial regulatory agencies and reporting requirements required by such agencies. In approving and overseeing such accounting principles and standards, the FAOB shall consider-- (A) the extent to which accounting principles and standards create systemic risk exposure for-- (i) the United States public; (ii) the United States financial markets; and (iii) global financial markets; (B) the extent to which various accounting principles and standards resolve questions concerning liquid and illiquid instruments; (C) whether certain accounting principles and standards should apply to distressed markets differently than well-functioning markets; (D) the balance between investors' need to know a value of a company or financial institution's balance sheet at any given time versus financial regulators' responsibility to examine a company or financial institution's capital and value on both a liquidation and going concern basis; (E) the accuracy and transparency of financial statements; (F) the ability of investors and regulators to accurately judge the current and long term financial condition of companies and financial institutions from their financial statements; (G) the need for accounting principles and standards to take into account the need for financial institutions to maintain adequate reserves to cover expected losses from assets held by such institution; (H) the extent to which accounting principles and standards can improve the usefulness of financial reporting by focusing on the characteristics of relevance and reliability and on the qualities of comparability and consistency; (I) the extent to which such principles and standards can be kept current to reflect changes in methods of doing business and changes in the economic environment; and (J) any other factors that the FAOB considers appropriate. (2) Consultation and public comment.-- (A) In general.--In carrying out its duties, the FAOB may consult with such organizations or entities as the FAOB believes to be appropriate, including, but not limited to, the Financial Accounting Standards Board, the International Accounting Standards Board, or the Public Company Accounting Oversight Board. (B) Consultation; public comment.--The FAOB shall, before approving a specific accounting principle or standard-- (i) solicit input from financial regulators on the principle or standard, including from the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Federal Housing Finance Agency, the Administrator of the National Credit Union Administration, the President of the National Association of Insurance Commissioners, and the Chairman of the Commodities Future Trading Commission; and (ii) provide the public with an opportunity to comment on the principle or standard. (C) Safety and soundness considerations.--If any Federal financial regulatory agency determines that any accounting principle or standard approved by the FAOB, or any accounting principle or standard in effect on the effective date of this Act, has an adverse effect on the safety and soundness of the entities it regulates, the health of the United States financial system, or the United States economy, the agency may request authorization from the FAOB to review such accounting principle or standard for the agency, and the FAOB shall determine whether the standard or principle should continue to be applied or instead removed on either a temporary or permanent basis. The FAOB shall have 30 days or such additional time as it may need up to 180 days to review and act on such request. The agency may exercise discretion in ignoring the principle or standard on an emergency or temporary basis for up to 30 days unless otherwise extended by FAOB. The FAOB shall also consider whether any change authorized under this paragraph should be permanently approved by the FAOB as an accounting principle or standard. (3) Reports.--The FAOB shall, not less often than yearly, compile a report on the accounting principles and standards that the FAOB has reviewed and approved either temporarily or permanently, and-- (A) submit such report to the Congress; (B) submit such report to the Financial Accounting Standards Board; (C) submit such report to the International Accounting Standards Board; and (D) make such report available to the public on a website. (c) Membership.-- (1) In general.--The FAOB shall consist of five members: (A) The Chairman of the Board of Governors of the Federal Reserve System. (B) The Secretary of the Treasury. (C) The Chairman of the Securities and Exchange Commission. (D) The Chairman of the Federal Deposit Insurance Corporation. (E) The Chairman of the Public Company Accounting Oversight Board. (2) Chairman.--The Chairman of the Board of Governors of the Federal Reserve System shall serve as the chairman of the FAOB. (d) Funding.-- (1) Annual budget.--The FAOB shall establish a budget for each fiscal year. (2) Source of funds.--The budget of the FAOB shall be payable from annual support fees, in accordance with this subsection. (3) Annual support fee for the faob.-- (A) Establishment of fee.--The FAOB shall establish a reasonable annual support fee (or a formula for the computation thereof), as may be necessary or appropriate to establish and maintain the FAOB. Such fee may also cover costs incurred in the FAOB's first fiscal year (which may be a short fiscal year), or may be levied separately with respect to such short fiscal year. (B) Assessments.--The rules of the FAOB under subparagraph (A) shall provide for the equitable allocation, assessment, and collection by the FAOB (or an agent appointed by the FAOB) of the fee established under subparagraph (A), among registered public accounting firms, allowing for differentiation among classes of firms, as appropriate. (4) Limitation on fee.--The amount of fees collected under this subsection for a fiscal year on behalf of the FAOB shall not exceed the recoverable budget expenses of the FAOB (which may include operating, capital, and accrued items), referred to in paragraph (2). (5) Fee requirement for registration by the public company accounting oversight board.--Section 102 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7212) is amended by adding at the end the following new subsection: ``(g) Annual Fee To Support the Federal Accounting Oversight Board.--In addition to any other fees required by this title, a registered public accounting firm shall pay the annual support fee allocated to the registered public accounting firm under section 2(d) of the Federal Accounting Oversight Board Act of 2009.''. (6) Start-up expenses.--From the unexpended balances of the appropriations to the Security and Exchange Commission for fiscal year 2009, the Secretary of the Treasury is authorized to advance to the FAOB funds not to exceed the amount necessary to cover the expenses of the FAOB during its first fiscal year (which may be a short fiscal year). (e) Pay; Travel Expenses.--Members of the FAOB shall not receive any additional pay, allowances, or benefits by reason of their service on the FAOB, except that each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Meetings.--The FAOB shall meet at the call of the Chairman of the FAOB. (g) Staff.-- (1) In general.--The FAOB may appoint and fix the pay of any personnel that the FAOB considers appropriate to carry out its duties under this Act. (2) Experts and consultants.--The FAOB may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (3) Staff of agencies.--Upon request of the FAOB, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the FAOB to assist it in carrying out its duties under this Act. (h) Powers.-- (1) Hearings and sessions.--The FAOB may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the FAOB considers appropriate and may administer oaths or affirmations to witnesses appearing before it. (2) Powers of members and agents.--Any member or agent of the FAOB may, if authorized by the FAOB, take any action which the FAOB is authorized to take by this Act. (3) Obtaining official data.--The FAOB may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairman of the FAOB, the head of that department or agency shall furnish that information to the FAOB. SEC. 3. REQUIRING AGENCIES TO CONFORM TO FAOB APPROVED ACCOUNTING PRACTICES AND STANDARDS. Notwithstanding any other provision of law, a Federal financial regulatory agency shall, not later than 180 days, or within a shorter time period as the FAOB may prescribe, after the FAOB approves an accounting principle or standard, ensure that all rules and regulations made by such agency conform with the approval made by the FAOB. SEC. 4. TRANSFER OF STANDARD SETTING BODY OVERSIGHT AUTHORITY FROM THE SEC TO THE FAOB. (a) Securities Act of 1933.--Section 19(b) of the Securities Act of 1933 (15 U.S.C. 77s(b)) is amended-- (1) by striking `` Commission'' each place it appears and inserting ``Federal Accounting Oversight Board''; (2) by striking ``subsection (a) and under section 13(b) of the Securities Exchange Act of 1934'' and inserting ``the Federal Accounting Oversight Board Act of 2009''; and (3) by striking ``subsection (a) and section 13(b) of the Securities Exchange Act of 1934'' and inserting ``the Federal Accounting Oversight Board Act of 2009''. SEC. 5. DEFINITIONS. For the purposes of this Act: (1) Federal financial regulatory agency.--The term ``Federal financial regulatory agency'' means-- (A) the Office of Thrift Supervision; (B) the Federal Deposit Insurance Corporation; (C) the National Credit Union Administration; (D) the Securities and Exchange Commission; (E) the Federal Reserve System; and (F) the Office of the Comptroller of the Currency. (2) Registered public accounting firm.--The term ``registered public accounting firm'' shall have the same meaning as in section 2(a)(12) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a)(12)). (3) Securities laws defined.--The term ``securities laws'' shall have the same meaning as in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)).

Federal Accounting Oversight Board Act of 2009 - Establishes the Federal Accounting Oversight Board (FAOB) to approve and oversee accounting principles and standards for purposes of the federal financial regulatory agencies and the reporting requirements they require. Directs the FAOB to report annually to Congress, the Financial Accounting Standards Board, and the International Accounting Standards Board on the principles and standards it has reviewed and approved Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to transfer standard body oversight authority from the Securities and Exchange Commission (SEC) to the FAOB.

To establish the Federal Accounting Oversight Board to approve and oversee accounting principles and standards for the purposes of the Federal financial regulatory agencies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Ireland Peace Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Since the British Army and the Royal Ulster Constabulary in Northern Ireland have begun to use plastic bullets as weapons, thousands have been injured and 17 individuals have been killed by such bullets, including seven children. (2) Since the Royal Ulster Constabulary began to use plastic bullets in 1973, more than 54,000 rounds have been fired, and plastic bullets have completely replaced rubber bullets. (3)(A) Plastic bullets are often used in a sectarian manner. (B) During the standoff at Drumcree from July 7, 1996, to July 14, 1996, the security forces of the United Kingdom in Northern Ireland fired a total of 5,942 rounds of plastic bullets, of which 5,500 were targeted at Catholic Nationalists. (4) Before the Drumcree standoff, six civil liberties/human rights groups, including the Committee on the Administration of Justice in Northern Ireland, the British Irish Rights Watch, and Liberty, asked the chief constable in Northern Ireland to ``immediately and permanently withdraw plastic bullets from use''. (5)(A) The use of plastic bullets is counterproductive whether such use is against the residents of the Lower Ormeau Road and the Bogside or against the Orange Order marchers in Portadown or on the Upper Ormeau Road. (B) The use of plastic bullets has contributed to thousands of maimings, difigurations, loss of eyesight of individuals, and overwhelmingly caused other widespread violence and intimidation. (6) The United Campaign Against Plastic Bullets claim that the use of plastic bullets has caused further alienation of nationalists and increased distrust of the security forces of the United Kingdom while contributing to the destabilization of Northern Ireland. (7) The efforts of the Government of the United Kingdom to acquire dangerous weapons and related materials and the means to deliver such weapons and materials endanger the lives of Catholics in Northern Ireland. (8) The Committee on the Administration of Justice in Northern Ireland reported that the use of plastic bullets during riots only exacerbates the situation in Northern Ireland and increases rioting rather than quelling it. (9) The European Parliament has passed four separate motions calling for the ban of plastic bullets because such bullets are used as intimidating weapons. (10) The Government of the United Kingdom has banned the use of plastic bullets during riots in Great Britain on the grounds that such bullets are dangerous and lethal. SEC. 3. DECLARATION OF POLICY. The Congress declares that it is the policy of the United States to deny to the United Kingdom the ability to support acts of violence and destruction and to fund the development and acquisition of plastic bullets and the means to deliver such bullets by limiting the ability to import, manufacture, and transport plastics to the United Kingdom for the specific use in Northern Ireland against predominately Catholic enclaves. SEC. 4. PROHIBITION ON SALE OR EXPORT OF PLASTIC BULLETS TO THE UNITED KINGDOM. (a) In General.--Effective on the date of the enactment of this Act, plastic bullets may not be sold or otherwise exported to the Government of the United Kingdom or to any other entity in the United Kingdom, including the Royal Ulster Constabulary. (b) Additional Authority.--The President may exercise the authority provided to the President under the Arms Export Control Act for the purpose of carrying out subsection (a), including the authority relating to violations and enforcement under section 38(e) of such Act (22 U.S.C. 2778(e)). SEC. 5. BILATERAL AND MULTILATERAL INITIATIVES TO LIMIT THE SALE OR EXPORT OF PLASTIC BULLETS TO THE UNITED KINGDOM. (a) In General.--In order to further the objectives described in section 3, the President shall establish and carry out appropriate diplomatic initiatives, both bilaterally with allies of the United States and multilaterally in appropriate international fora (including the United Nations), to limit the sale or export of plastic bullets to the Government of the United Kingdom or any other entity in the United Kingdom, including the Royal Ulster Constabulary. (b) Reports.--Not later than 6 months after the date of the enactment of this Act, and periodically thereafter, the President shall prepare and transmit to the Congress a report containing a description of the extent to which the bilateral and multilateral efforts described in subsection (a) have been successful, including the names of the countries that have agreed to limit the sale or export of plastic bullets to the United Kingdom, including the Royal Ulster Constabulary. SEC. 6. INCLUSION OF INCIDENTS INVOLVING USE OF PLASTIC BULLETS AS WEAPONS IN NORTHERN IRELAND IN ANNUAL HUMAN RIGHTS REPORT. As part of the annual human rights report transmitted to the Congress under section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304), the Secretary of State shall include a description of each incident involving the use of plastic bullets as weapons in Northern Ireland during the preceding year. SEC. 7. DEFINITION. As used in this Act, the term ``plastic bullet'' means a projectile made of rock-hard polyvinyl chloride that-- (1) is approximately 4 inches long and 1.5 inches in diameter; (2) weighs approximately 4.75 ounces; and (3) is usually off-white in color.

Directs the President, in order to deny the United Kingdom and the Royal Ulster Constabulary the ability to support acts of violence and destruction against Catholic enclaves in Northern Ireland, to establish diplomatic initiatives, both bilaterally with U.S. allies and multilaterally in appropriate international fora (including the United Nations) to limit the sale or export of plastic bullets to the United Kingdom and the Royal Ulster Constabulary. Directs the President to report periodically to Congress on such bilateral and multilateral efforts. Directs the Secretary of State, as part of the annual human rights report to Congress under the Foreign Assistance Act of 1961, to include a description of each incident involving the use of plastic bullets as weapons in Northern Ireland.

Northern Ireland Peace Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayers' Defense Act of 1998''. SEC. 2. MANDATORY CONGRESSIONAL REVIEW. Chapter 8 of title 5, United States Code, is amended by inserting after section 808 the following: ``SUBCHAPTER II--MANDATORY REVIEW OF CERTAIN RULES ``Sec. 815. Rules subject to mandatory congressional review ``A rule that establishes or increases a tax, however denominated, shall not take effect before the date of the enactment of a bill described in section 816 and is not subject to review under subchapter I. This section does not apply to a rule promulgated under the Internal Revenue Code of 1986. ``Sec. 816. Agency submission ``Whenever an agency promulgates a rule subject to section 815, the agency shall submit to each House of Congress a report containing the text of the rule and an explanation of it. An agency shall submit such a report separately for each such rule it promulgates. The explanation shall consist of the concise general statement of the rule's basis and purpose required by section 553 and such explanatory documents as are mandated by other statutory requirements. ``Sec. 817. Approval bill ``(a)(1) Not later than 3 legislative days after the date on which an agency submits a report under section 816, the Majority Leader of each House of Congress shall introduce (by request) a bill the matter after the enacting clause of which is as follows: ``The following agency rule is approved and shall have the force and effect of law:''. The text of the agency rule submitted under section 816 shall be set forth after the colon. If such a bill is not introduced in a House of Congress as provided in the first sentence of this subsection, any Member of that House may introduce such a bill not later than 7 legislative days after the period for introduction by the Majority Leader. ``(2) A bill introduced under paragraph (1) shall be referred to the Committees in each House of Congress with jurisdiction over the subject matter of the rule involved. ``(b)(1)(A) Any committee of the House of Representatives to which a bill is referred shall report it without amendment, and with or without recommendation, not later than the 30th calendar day of session after the date of its introduction. If any committee fails to report the bill within that period, it is in order to move that the House discharge the committee from further consideration of the bill. A motion to discharge may be made only by a Member favoring the bill (but only at a time designated by the Speaker on the legislative day after the calendar day on which the Member offering the motion announces to the House his intention to do so and the form of the motion). The motion is highly privileged. Debate thereon shall be limited to not more than one hour, the time to be divided in the House equally between the proponent and an opponent. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. ``(B) After a bill is reported or a committee has been discharged from further consideration, it is in order to move that the House resolve into the Committee of the Whole House on the State of the Union for consideration of the bill. If reported and the report has been available for at least one calendar day, all points of order against the bill and against consideration of the bill are waived. If discharged, all points of order against the bill and against consideration of the bill are waived. The motion is highly privileged. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. During consideration of the bill in the Committee of the Whole, the first reading of the bill shall be dispensed with. General debate shall proceed, shall be confined to the bill, and shall not exceed one hour equally divided and controlled by a proponent and an opponent of the bill. After general debate, the bill shall be considered as read for amendment under the five-minute rule. At the conclusion of the consideration of the bill, the Committee shall rise and report the bill to the House without intervening motion. The previous question shall be considered as ordered on the bill to final passage without intervening motion. A motion to reconsider the vote on passage of the bill shall not be in order. ``(C) Appeals from decisions of the Chair regarding application of the rules of the House of Representatives to the procedure relating to a bill shall be decided without debate. ``(2)(A) Any bill introduced in the Senate shall be referred to the appropriate committee or committees. A committee to which a bill has been referred shall report the bill without amendment not later than the 30th day of session following the date of introduction of that bill. If any committee fails to report the bill within that period, that committee shall be automatically discharged from further consideration of the bill and the bill shall be placed on the Calendar. ``(B) When the Senate receives from the House of Representatives a bill, such bill shall not be referred to committee and shall be placed on the Calendar. ``(C) A motion to proceed to consideration of a bill under this subsection shall not be debatable. It shall not be in order to move to reconsider the vote by which the motion to proceed was adopted or rejected, although subsequent motions to proceed may be made under this paragraph. ``(D)(i) After no more than 10 hours of consideration of a bill, the Senate shall proceed, without intervening action or debate (except as permitted under subparagraph (F)), to vote on the final disposition thereof to the exclusion of all motions, except a motion to reconsider or to table. ``(ii) A single motion to extend the time for consideration under clause (i) for no more than an additional 5 hours is in order before the expiration of such time and shall be decided without debate. ``(iii) The time for debate on the disapproval bill shall be equally divided between the Majority Leader and the Minority Leader or their designees. ``(E) A motion to recommit a bill shall not be in order. ``(F) If the Senate has read for the third time a bill that originated in the Senate, then it shall be in order at any time thereafter to move to proceed to the consideration of a bill for the same special message received from the House of Representatives and placed on the Calendar pursuant to subparagraph (B), strike all after the enacting clause, substitute the text of the Senate bill, agree to the Senate amendment, and vote on final disposition of the House bill, all without any intervening action or debate. ``(G) Consideration in the Senate of all motions, amendments, or appeals necessary to dispose of a message from the House of Representatives on a bill shall be limited to not more than 4 hours. Debate on each motion or amendment shall be limited to 30 minutes. Debate on any appeal or point of order that is submitted in connection with the disposition of the House message shall be limited to 20 minutes. Any time for debate shall be equally divided and controlled by the proponent and the majority manager, unless the majority manager is a proponent of the motion, amendment, appeal, or point of order, in which case the minority manager shall be in control of the time in opposition. ``Sec. 818. Congressional rulemaking power ``This subchapter is enacted by Congress-- ``(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a bill described in section 817 and it supersedes other rules only to the extent that it is inconsistent with such rules; and ``(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.''. SEC. 3. TECHNICAL AMENDMENTS. (a) Heading.--Chapter 8 of title 5, United States Code, is amended by inserting before section 801 the following: ``SUBCHAPTER I--DISCRETIONARY CONGRESSIONAL REVIEW''. (b) Table of Sections.--The table of sections for chapter 8 of title 5, United States Code, is amended by inserting before the reference to section 801 the following: ``subchapter i--discretionary congressional review'' and by inserting after the reference to section 808 the following: ``subchapter ii--mandatory review of certain rules ``815. Rules subject to mandatory Congressional review. ``816. Agency submission. ``817. Approval bill. ``818. Congressional rulemaking power.''. SEC. 4. FEDERAL COMMUNICATION COMMISSION RULES RELATING TO UNIVERSAL SERVICE. (a) Definition.--In this section, the term ``rule'' has the meaning given such term under section 551(1) of title 5, United States Code. (b) Submission of Rules.--Not later than 30 days after the date of enactment of this Act, the Federal Communications Commission shall submit a report described under section 816 of title 5, United States Code (as added by section 2 of this Act) for each rule that-- (1) was promulgated by the Federal Communications commission under section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) before the date of enactment of this Act; and (2) is in effect on the date of enactment of this Act or will take effect after such date of enactment. (c) Approval Bill.--Section 817 of title 5, United States Code (as added by section 2 of this Act) shall apply with respect to each rule described under subsection (b), except-- (1) during the 60-day period beginning on the date on which an approval bill is introduced under section 817 of such title, the applicable rule shall remain in effect or take effect, as if this section had not been enacted; and (2) if an approval bill is not enacted during such 60-day period, the applicable rule shall have no force or effect after such 60-day period.

Taxpayers' Defense Act of 1998 - Amends Federal law provisions concerning discretionary congressional review of agency rules to set forth provisions mandating that a rule that establishes or increases a tax, however denominated, shall not take effect before the enactment of a bill the text of which has been submitted to each House of the Congress by the agency promulgating the rule in a report that contains the bill's text and an explanation of the bill. Exempts a rule promulgated under the Internal Revenue Code. Outlines introduction, referral, and consideration procedures for approval of the bill. Applies the same requirements to certain Federal Communications Commission rules concerning universal service, except with respect to specified approval procedures.

Taxpayers' Defense Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sewage Overflow Community Right-to- Know Act''. SEC. 2. DEFINITIONS. Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ``(25) Sanitary sewer overflow.--The term `sanitary sewer overflow' means an overflow, spill, release, or diversion of wastewater from a sanitary sewer system. Such term does not include municipal combined sewer overflows or other discharges from a municipal combined storm and sanitary sewer system and does not include wastewater backups into buildings caused by a blockage or other malfunction of a building lateral that is privately owned. Such term includes overflows or releases of wastewater that reach waters of the United States, overflows or releases of wastewater in the United States that do not reach waters of the United States, and wastewater backups into buildings that are caused by blockages or flow conditions in a sanitary sewer other than a building lateral. ``(26) Treatment works.--The term `treatment works' has the meaning given that term in section 212.''. SEC. 3. MONITORING, REPORTING, AND PUBLIC NOTIFICATION OF SEWER OVERFLOWS. Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(r) Sewer Overflow Monitoring, Reporting, and Notifications.-- ``(1) General requirements.--After the last day of the 180- day period beginning on the date on which regulations are issued under paragraph (4), a permit issued, renewed, or modified under this section by the Administrator or the State, as the case may be, for a publicly owned treatment works shall require, at a minimum, beginning on the date of the issuance, modification, or renewal, that the owner or operator of the treatment works-- ``(A) institute and utilize a feasible methodology, technology, or management program for monitoring sewer overflows to alert the owner or operator to the occurrence of a sewer overflow in a timely manner; ``(B) in the case of a sewer overflow that has the potential to affect human health, notify the public of the overflow as soon as practicable but not later than 24 hours after the time the owner or operator knows of the overflow; ``(C) in the case of a sewer overflow that may imminently and substantially endanger human health, notify public health authorities and other affected entities, such as public water systems, of the overflow immediately after the owner or operator knows of the overflow; ``(D) report each sewer overflow on its discharge monitoring report to the Administrator or the State, as the case may be, by describing-- ``(i) the magnitude, duration, and suspected cause of the overflow; ``(ii) the steps taken or planned to reduce, eliminate, or prevent recurrence of the overflow; and ``(iii) the steps taken or planned to mitigate the impact of the overflow; and ``(E) annually report to the Administrator or the State, as the case may be, the total number of sewer overflows in a calendar year, including-- ``(i) the details of how much wastewater was released per incident; ``(ii) the duration of each sewer overflow; ``(iii) the location of the overflow and any potentially affected receiving waters; ``(iv) the responses taken to clean up the overflow; and ``(v) the actions taken to mitigate impacts and avoid further sewer overflows at the site. ``(2) Exceptions.-- ``(A) Notification requirements.--The notification requirements of paragraphs (1)(B) and (1)(C) shall not apply a sewer overflow that is a wastewater backup into a single-family residence. ``(B) Reporting requirements.--The reporting requirements of paragraphs (1)(D) and (1)(E) shall not apply to a sewer overflow that is a release of wastewater that occurs in the course of maintenance of the treatment works, is managed consistently with the treatment works' best management practices, and is intended to prevent sewer overflows. ``(3) Report to epa.--Each State shall provide to the Administrator annually a summary of sewer overflows that occurred in the State. ``(4) Rulemaking by epa.--Not later than one year after the date of enactment of this subsection, the Administrator, after providing notice and an opportunity for public comment, shall issue regulations to implement this subsection, including regulations to-- ``(A) establish a set of criteria to guide the owner or operator of a publicly owned treatment works in-- ``(i) assessing whether a sewer overflow has the potential to affect human health or may imminently and substantially endanger human health; and ``(ii) developing communication measures that are sufficient to give notice under paragraphs (1)(B) and (1)(C); and ``(B) define the terms `feasible' and `timely' as such terms apply to paragraph (1)(A), including site specific conditions. ``(5) Approval of state notification programs.-- ``(A) Requests for approval.-- ``(i) In general.--After the date of issuance of regulations under paragraph (4), a State may submit to the Administrator evidence that the State has in place a legally enforceable notification program that is substantially equivalent to the requirements of paragraphs (1)(B) and (1)(C). ``(ii) Program review and authorization.-- If the evidence submitted by a State under clause (i) shows the notification program of the State to be substantially equivalent to the requirements of paragraphs (1)(B) and (1)(C), the Administrator shall authorize the State to carry out such program instead of the requirements of paragraphs (1)(B) and (1)(C). ``(iii) Factors for determining substantial equivalency.--In carrying out a review of a State notification program under clause (ii), the Administrator shall take into account the scope of sewer overflows for which notification is required, the length of time during which notification must be made, the scope of persons who must be notified of sewer overflows, the scope of enforcement activities ensuring that notifications of sewer overflows are made, and such other factors as the Administrator considers appropriate. ``(B) Review period.--If a State submits evidence with respect to a notification program under subparagraph (A)(i) on or before the last day of the 30-day period beginning on the date of issuance of regulations under paragraph (4), the requirements of paragraphs (1)(B) and (1)(C) shall not begin to apply to a publicly owned treatment works located in the State until the date on which the Administrator completes a review of the notification program under subparagraph (A)(ii). ``(C) Withdrawal of authorization.--If the Administrator, after conducting a public hearing, determines that a State is not administering and enforcing a State notification program authorized under subparagraph (A)(ii) in accordance with the requirements of this paragraph, the Administrator shall so notify the State and, if appropriate corrective action is not taken within a reasonable time, not to exceed 90 days, the Administrator shall withdraw authorization of such program and enforce the requirements of paragraphs (1)(B) and (1)(C) with respect to the State. ``(6) Special rules concerning application of notification requirements.--After the last day of the 30-day period beginning on the date of issuance of regulations under paragraph (4), the requirements of paragraphs (1)(B) and (1)(C) shall-- ``(A) apply to the owner or operator of a publicly owned treatment works and be subject to enforcement under section 309, and ``(B) supersede any notification requirements contained in a permit issued under this section for the treatment works to the extent that the notification requirements are less stringent than the notification requirements of paragraphs (1)(B) and (1)(C), until such date as a permit is issued, renewed, or modified under this section for the treatment works in accordance with paragraph (1). ``(7) Definitions.--In this subsection, the following definitions apply: ``(A) Sewer overflow.--The term `sewer overflow' means a sanitary sewer overflow or a municipal combined sewer overflow. ``(B) Single-family residence.--The term `single- family residence' means an individual dwelling unit, including an apartment, condominium, house, or dormitory. Such term does not include the common areas of a multi-dwelling structure.''. SEC. 4. ELIGIBILITY FOR ASSISTANCE. (a) Purpose of State Revolving Fund.--Section 601(a) of the Federal Water Pollution Control Act (33 U.S.C. 1381(a)) is amended-- (1) by striking ``and'' the first place it appears; and (2) by inserting after ``section 320'' the following: ``, and (4) for the implementation of requirements to monitor for sewer overflows under section 402''. (b) Water Pollution Control Revolving Loan Funds.--Section 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)) is amended-- (1) by striking ``and'' the first place it appears; and (2) by inserting after ``section 320 of this Act'' the following: ``, and (4) for the implementation of requirements to monitor for sewer overflows under section 402''. Passed the House of Representatives June 23, 2008. Attest: LORRAINE C. MILLER, Clerk.

Sewage Overflow Community Right-to-Know Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require owners or operators of publicly owned treatment works to: (1) institute monitoring systems to provide timely alerts of sewer overflows; (2) notify the public, not later than 24 hours after receiving knowledge, of such overflows in areas where human health is potentially affected; (3) notify public health authorities and other affected entities, in the case of an overflow that may imminently and substantially endanger human health, immediately after the owner or operator knows of the overflow; (4) report each overflow on discharge monitoring reports to the Administrator of the Environmental Protection Agency (EPA) or the state; and (5) annually report to the Administrator or the state on the total number of overflows in a calendar year. Makes specified exceptions to notification and reporting requirements for backups into single-family residences and for overflows that occur in the course of treatment works maintenance, respectively. Requires annual summary reports by states to the Administrator. Requires the Administrator to issue regulations, including to establish overflow assessment guidance and develop communications measures to provide notification under this Act. Provides procedures for review and approval, after issuance of such regulations, of state notification programs. Makes the monitoring systems eligible for state water pollution control revolving fund assistance.

To amend the Federal Water Pollution Control Act to ensure that publicly owned treatment works monitor for and report sewer overflows, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Plain Regulations Act of 2012''. SEC. 2. PURPOSE. The purpose of this Act is to improve the effectiveness and accountability of Federal agencies to the public by promoting clear regulations that are easier for the Government to implement and for the public to comply with. SEC. 3. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means an Executive agency, as that term is defined in section 105 of title 5, United States Code. (2) Regulation.--The term ``regulation'' means a rule, as that term is defined in section 551(4) of title 5, United States Code, that is issued by an agency. (3) Plain language.--The term ``plain language'' means language that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience. SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES. (a) Preparation for Implementation of Plain Writing Requirements for Regulations.-- (1) In general.--Not later than 9 months after the date of the enactment of this Act, the head of each agency shall-- (A) designate one or more senior officials within the agency to oversee the agency implementation of this Act; (B) communicate the requirements of this Act to the employees of the agency; (C) train employees of the agency to use plain language in developing and implementing regulations; (D) establish a process for overseeing the ongoing compliance of the agency with the requirements of this Act; and (E) designate one or more agency points-of-contact to receive and respond to public input on-- (i) agency implementation of this Act; and (ii) the agency reports required under section 6. (2) Persons designated.--Persons designated under paragraph (1)(A) or (1)(E) may be the same persons designated to carry out similar functions under the Plain Writing Act of 2010 (Public Law 111-272; 5 U.S.C. 301 note). (b) Requirement To Use Plain Language in New and Revised Regulations.--Not later than 12 months after the date of the enactment of this Act, each agency shall use plain language in accordance with the guidance issued by the Director of the Office of Management and Budget under the Plain Writing Act of 2010 (Public Law 111-274; 5 U.S.C. 301 note) in all new and substantially revised proposed and final regulations issued by the agency. (c) Certification of Compliance.--For each proposed or final rule issued by an agency, the head of the agency shall certify to the Director that the agency head has read the proposed or final rule and that the rulemaking documents are in plain language. (d) Exemption From Certain Information Collection Provisions.-- Agency actions to collect information from the public about a regulation are exempt from the information collection provisions of sections 3506(c) and 3507 of title 44, United States Code, if the agency head certifies that the sole reason for the information collection is to improve the clarity of the regulation under the requirements of this Act. SEC. 5. RESPONSIBILITIES OF OFFICE OF MANAGEMENT AND BUDGET. (a) Guidance.--Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget should develop and issue guidance on implementing the requirements of this Act. The Director may designate a lead agency, and may use interagency working groups to assist in developing and issuing the guidance. (b) Return of Regulations.--If the Director finds that, with respect to any regulation proposed to be issued by an agency, the agency did not follow the guidance issued by the Director under the Plain Writing Act of 2010 (Public Law 111-274; 5 U.S.C. 301 note), the Director shall return the regulation to the agency to be redrafted in plain language and resubmitted to the Director for approval. (c) Publication of Certifications.--The Director shall publish the certifications from agency heads required under section 4(c) on the official Web site of the Office of Management and Budget. SEC. 6. REPORTS TO CONGRESS. (a) Initial Report.--Not later than 9 months after the date of the enactment of this Act, the head of each agency shall publish on the plain writing section of the agency's Web site created under the Plain Writing Act of 2010 (Public Law 111-274; 5 U.S.C. 301 note) a report that describes the agency plan for compliance with the requirements of this Act. (b) Annual Compliance Report.--Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the head of each agency shall publish on such plain writing section of the agency's Web site a report on agency compliance with the requirements of this Act. SEC. 7. JUDICIAL REVIEW AND ENFORCEABILITY. (a) Judicial Review.--There may be no judicial review of compliance or noncompliance with any provision of this Act. (b) Enforceability.--No provision of this Act may be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action.

Plain Regulations Act of 2012 - Requires the head of each executive agency to: (1) implement a program for using plain language in writing new and revised regulations, and (2) certify to the Director of the Office of Management and Budget (OMB) that each proposed or final rule is in plain language. Requires the Director to: (1) develop and issue guidance to agencies for implementing plain language requirements, (2) publish reports on agency compliance with such requirements on the OMB's website, and (3) return proposed agency regulations that fail to meet such requirements to be redrafted and resubmitted for approval.

To ensure clarity of regulations to improve the effectiveness of Federal regulatory programs while decreasing burdens on the regulated public.

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Consumer Freedom Protection Act''. (b) References.--Each amendment to or repeal of a section or other provision of law that is made by this Act shall be considered to be an amendment to or repeal of, respectively, that provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), unless another public law is specified as being the subject of the amendment or repeal. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Food and Drug Administration has only authorized three health claims for dietary supplements since enactment of the Nutrition Labeling and Education Act of 1990 despite the publication of tens of thousands of peer reviewed scientific journal articles on the effect of nutrients on disease and health-related conditions. (2) Scientific information on the nutrient-disease relationship contained in peer reviewed scientific journals is indispensable to the exercise of informed choice in the food and dietary supplement marketplaces. (3) The Food and Drug Administration's failure to authorize health claims has violated the first amendment rights of health claimants and American consumers alike and is injurious to public health because it denies consumers access to information necessary to exercise informed choice at the point of sale. (4) Contrary to the will of Congress, on repeated occasions the Food and Drug Administration has denied and suppressed health claims that would otherwise convey to consumers important information on the association between nutrients and diseases. (5) Contrary to the will of Congress, the Food and Drug Administration's treatment of dietary supplements and its implementation of the Nutrition Labeling and Education Act of 1990 and the Food and Drug Administration Modernization Act of 1997 health claims provisions has hindered, rather than fostered, the dissemination of truthful and nonmisleading information about the nutrient-disease relationship. (6) The Food and Drug Administration has failed to implement faithfully and fully the first amendment mandate in Pearson v. Shalala, 164 F.3d 650 (D.C. Cir. 1999), and continues to suppress, rather than authorize, health claims. SEC. 3. FOOD AND DIETARY SUPPLEMENT CLAIMS. (a) Conforming Amendments.--Section 403 (21 U.S.C. 343) is amended-- (1) in paragraph (r)(1), by inserting ``or a dietary supplement'' after ``food'' but before ``intended'' and by inserting ``or dietary supplement'' after ``food'' but before ``which''; (2) in paragraph (r)(1)(A), by inserting ``or dietary supplement'' after ``food''; (3) in paragraph (r)(1)(B), by inserting ``or dietary supplement'' after ``food'' and by adding at the end of the paragraph the following: ``For purposes of this subparagraph, a claim that characterizes such a relationship includes claims to diagnose, cure, mitigate, treat, or prevent any disease or health-related condition.''; (4) in paragraph (r)(2)(G), by inserting ``or dietary supplement'' after ``food''; (5) in paragraph (r)(2)(G)(iii), by inserting ``or dietary supplement'' after ``food''; (6) by striking subclause (iv) of subparagraph (r)(2)(G); (7) by striking paragraph (r)(2)(H); (8) in paragraph (r)(3)(A)(ii), by inserting ``or dietary supplement'' after ``food'' but before ``for''; (9) in paragraph (r)(3)(C), by inserting ``or dietary supplement'' after ``food''; (10) in paragraph (r)(3)(C)(iii), by inserting ``or dietary supplement'' after ``food''; (11) by striking subclause (iv) of paragraph (r)(3)(C); (12) by striking subclause (A)(i) of paragraph (r)(4); (13) by striking subclause (D) of paragraph (r)(5); and (14) by striking subparagraph (7) of paragraph (r). (b) Health Claims in General.--Section 403 (21 U.S.C. 343) is amended in paragraph (r)(3) by amending clause (B) to read as follows: ``(B)(i) The Secretary shall promulgate no later than 100 days after the Secretary receives a claim of the type described in subparagraph (1)(B) regulations authorizing the claim in a form that accurately reflects the degree of scientific evidence supporting the claim unless the Secretary determines based on all publicly available scientific evidence that no scientific evidence supports the claim and that the claim is inherently misleading. The Secretary may require that the claim be accompanied by a disclaimer disclosing the absence of conclusive evidence, the presence of conflicting evidence, or such other information about the claim as is needed to avoid a misleading connotation. ``(ii) If within 100 days after the Secretary receives a claim, the Secretary promulgates neither regulations authorizing the claim nor a final decision denying the claim, the claim shall be deemed authorized and shall be accompanied by the following disclaimer until such time as the Secretary complies with the requirements of subparagraph (3)(B)(i): `The Food and Drug Administration has not evaluated the scientific evidence concerning this claim.'. ``(iii) If the Secretary denies a claim of the type described in subparagraph (1)(B) and the claimant informs the Secretary in writing that the claimant objects to the Secretary's denial, no later than 30 days after the Secretary receives the objection, the Secretary shall file a petition to review the order with the United States Court of Appeals for the D.C. Circuit, naming the claimant as a defendant and seeking a declaratory judgment on whether the Secretary's denial complies with subparagraph (3)(B)(i) and the first amendment to the United States Constitution. For purposes of subparagraph (3)(B) the United States Court of Appeals for the D.C. Circuit has exclusive jurisdiction and venue. If the United States Court of Appeals for the D.C. Circuit declares the Secretary's denial invalid, the Court shall order the Secretary to pay the claimant from funds appropriated by Congress to the Food and Drug Administration no later than 60 days after the Court's decision is filed with the Clerk of the Court the actual costs and fees incurred by the claimant for participating in the proceedings before the United States Court of Appeals, exclusive of all other recompense to which the claimant would otherwise be entitled under Federal law.''. (c) Health Claims Based on Government Statements.--Section 403 (21 U.S.C. 343) is amended by striking subclauses (i) and (ii) of paragraph (r)(3)(C) and inserting the following: ``(i) the claim is a verbatim quotation of a statement published by a scientific body of the United States Government about the relationship between a nutrient, including a dietary supplement, and a disease or health-related condition and includes a citation to the author, the title of the publication, the date of publication, and the page on which the statement appears, provided that the claimant submits to the Secretary a written notice of the exact words used in the claim and of the citation at least 30 days before first introducing the food or dietary supplement into interstate commerce with the claim; or ``(ii) the claim paraphrases in a nonmisleading manner a statement published by a scientific body of the United States Government about the relationship between a nutrient and a disease or health-related condition and includes a citation to the author, the title of the publication, the date of publication, and the page on which the statement appears, provided that the claimant submits to the Secretary a written notice of the exact words used in the claim and of the citation at least 30 days before first introducing the food or dietary supplement into interstate commerce with the claim; and''. (d) Disclaimers for Health Claims Based on Government Statements.-- Section 403 (21 U.S.C. 343) is amended by adding at the end of subclause (iii) of paragraph (r)(3)(C) the following: ``The Secretary may not deny authorization of a claim made in compliance with the provisions of subclause (i) or (ii) of clause (C) but may require that the claim be accompanied by a disclaimer disclosing the absence of conclusive evidence, the presence of conflicting evidence, or such other information about the claim as is needed to avoid a misleading connotation. The Secretary shall authorize use of the claim no later than 100 days after the date it is submitted to the Secretary. If the Secretary does not act to authorize the claim within 100 days after it is submitted to the Secretary, the claim shall be considered authorized.''. (e) Nutrient Content Claims Based on Government Statements.-- Section 403 (21 U.S.C. 343) is amended by striking subclauses (i) and (ii) of paragraph (r)(2)(G) and inserting the following: ``(i) the claim is a verbatim quotation of a statement published by a scientific body of the United States Government which identifies the nutrient level to which the claim refers and includes a citation to the author, the title of the publication, the date of publication, and the page on which the statement appears, provided that the claimant submits to the Secretary a written notice of the exact words used in the claim and of the citation at least 30 days before first introducing the food or dietary supplement into interstate commerce with the claim; or ``(ii) the claim paraphrases in a nonmisleading manner a statement published by a scientific body of the United States Government which identifies the nutrient level to which the claim refers and includes a citation to the author, the title of the publication, the date of publication, and the page on which the statement appears, provided that the claimant submits to the Secretary a written notice of the exact words used in the claim and of the citation at least 30 days before first introducing the food or dietary supplement into interstate commerce with the claim; and''. (f) Disclaimers for Nutrient Content Claims Based on Government Statements.--Section 403 (21 U.S.C. 343) is amended by adding at the end of subclause (iii) of paragraph (r)(2)(G) the following: ``The Secretary may not deny authorization of a claim made in compliance with the provisions of subparagraph (G)(i) or (G)(ii) but may require that the claim be accompanied by a disclaimer containing such information about the claim as is needed to avoid a misleading connotation.''. (g) Definition of Published Statement.--Section 403 (21 U.S.C. 343) is amended by adding at the end of paragraph (r)(2)(G) the following: ``For purposes of this clause, a statement published by a scientific body of the United States is any statement contained in a document available to the public published by any one or more United States Government offices, departments, commissions, agencies, institutes, centers, divisions, academies, or other subdivisions thereof.''. SEC. 4. STATEMENTS OF NUTRITIONAL SUPPORT. Section 403 (21 U.S.C. 343) is amended by striking the last sentence of paragraph (r)(6). SEC. 5. WITHDRAWAL OF ORDERS AND RULES; AUTHORIZATION OF SPECIFIC CLAIMS. (a) The health claims references in Pearson v. Shalala, 164 F.3d 650 (D.C. Cir. 1999) are approved. No later than 30 days after the effective date of this Act, the Secretary of Health and Human Services shall publish a notice in the Federal Register granting each of the health claims referenced in that decision with the following disclaimer: ``The Food and Drug Administration has determined that the evidence supporting this claim is inconclusive.''. (b) The interim final rules concerning health claims based on authoritative statement published in the Federal Register of June 22, 1998 (63 Fed. Reg. 34084; 63 Fed. Reg. 34092; 63 Fed. Reg. 34097; 63 Fed. Reg. 34101; 63 Fed. Reg. 34104; 63 Fed. Reg. 34107; 63 Fed. Reg. 34110; 63 Fed. Reg. 34112; and 63 Fed. Reg. 34115) are null and void and of no further force or effect. The health claims referenced therein are approved. No later than 30 days after the effective date of this Act the Secretary of Health and Human Services shall publish a notice in the Federal Register revoking the interim final rules, declaring them null and void and of no further force or effect, and granting each of the health claims referenced therein with the following disclaimer: ``The Food and Drug Administration has determined that the evidence supporting this claim is inconclusive.''. (c) All orders issued by the Food and Drug Administration after April 20, 1999, but before the effective date of this Act, that have denied health claims are hereby null and void. The Food and Drug Administration shall reevaluate those claims in accordance with the provisions of this Act and the amendments made by this Act.

Requires the Secretary of Health and Human Services, within 100 days of receiving such a claim, to promulgate regulations authorizing such claims in a form that accurately reflects the degree of scientific evidence supporting the claim, unless the Secretary determines that no scientific evidence supports such claim and that the claim is inherently misleading. Allows judicial review of claims denied by the Secretary. Allows on such labeling statements made by a scientific body of the U.S. Government about the relationship between a nutrient and a health-related condition. Prohibits the Secretary from denying claims based on such statements. Approves the health claims references in the decision of the U.S. Court of Appeals for the District of Columbia in Pearson v. Shalala. Directs the Secretary to publish a notice granting each of such claims with the following disclaimer: "The Food and Drug Administration has determined that the evidence supporting this claim is inconclusive." Makes null and void: (1) the interim final rules concerning health claims based on the authoritative statement published in the Federal Register of June 22, 1998; and (2) all orders issued by the FDA after April 20, 1999, and before this Act, that have denied health claims. Requires reevaluation of claims included under such orders.

Consumer Freedom Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Enterprise Ecosystem and Economic Development Commission Act of 2012'' or as the ``SEEED Commission Act of 2012''. SEC. 2. COMMISSION ON THE ADVANCEMENT OF SOCIAL ENTERPRISE. (a) Establishment.--There is established a commission to be known as the Commission on the Advancement of Social Enterprise (referred to in this section as the ``Commission''). The purpose of the commission is to examine and make recommendations with respect to ways the Federal Government can support and utilize the transformative power of social enterprises. (b) Federal Advisory Committee Act.--The Federal Advisory Committee Act does not apply to the Commission established under this subsection. (c) Membership.--The membership of the Commission shall be composed of the following or their designees: (1) The Administrator of the Small Business Administration. (2) The Administrator of the Economic Development Administration. (3) The Director of the Office of Social Innovation and Civic Participation. (4) The Chief Executive Officer of the Corporation for National and Community Service. (5) The Assistant to the President for Domestic Policy. (6) The Director of the Office of Management and Budget. (7) The Commissioner of Internal Revenue. (8) The Secretary of Labor. (9) The Director of the Census. (10) The Director of the National Economic Council. (11) The Attorney General. (12) The Secretary of State. (13) The Secretary of Education. (14) The Secretary of the Treasury. (15) The Secretary of Health and Human Services. (16) The Commissioner of Social Security. (17) The Secretary of Agriculture. (18) The Secretary of Commerce. (19) The Secretary of Housing and Urban Development. (20) The Chair of the Council of Economic Advisors. (21) The Administrator of the General Services Administration. (d) Operation.-- (1) Chairperson.--The Director of the Office of Social Innovation and Civic Participation shall serve as the Chairperson of the Commission. (2) Meetings.-- (A) In general.--The Commission shall meet at the call of the Chairperson. (B) Initial meeting.--The initial meeting shall take place not later than 30 days after the date of enactment of this Act. (3) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (4) Rules.--The Commission may establish, by majority vote, any rules for the conduct of Commission business, in accordance with this Act and other applicable law. (e) Duties.-- (1) Defining social enterprise.--Not later than 1 year after the initial meeting of the Commission, the Commission shall establish criteria for identifying social enterprises for purposes of Federal programs. The Commission will draw upon existing leading research and scholarship in this area as well as the input of practitioners and policy experts within the social enterprise field. (2) Study activities.-- (A) In general.--The Commission shall identify opportunities for the Federal Government to more effectively engage social enterprises in creating jobs and strengthening local economies while achieving optimal outcomes in addressing policy challenges at the national, state, and local level. The Commission shall receive and consider reports and testimony from individuals, government departments, State and local elected officials, community-based organizations, nonprofit organizations, faith-based organizations, foundations, and other public and private organizations statewide and of national significance on the following: (i) How social enterprise can accelerate progress on social issues. (ii) How social enterprises work in a cross-sector manner. (iii) How social enterprise can advance social and economic development goals. (B) Areas of study and recommendation.--The areas studied and potential recommendations offered by the Commission under this paragraph shall include the following: (i) The role of social enterprises in the United States economy. (ii) The role of social enterprises in addressing economic, social, and environmental policy challenges across all levels of government. (iii) The role of social enterprises as community support and development entities. (iv) A statistical and qualitative examination of social enterprise within the United States and its contribution to the social and economic development of the United States. (v) Means through which the Federal Government can assist in enhancing the capacity of social enterprises. (vi) Corporate legal structures that foster or impede the development of social enterprises. (vii) How to reform the Internal Revenue Code to reduce obstacles that social enterprises face when addressing social issues and creating economic value through innovative methods. (viii) How to reform Federal securities laws to encourage impact investing. (ix) How the Federal Government can leverage existing Community Development Financial Institutions programs. (x) How various sectors (including but not limited to philanthropic, for-profit, and non- profit sectors) and levels of government currently interact with social enterprises. (xi) Review of the current process through which social enterprises--both for-profit and nonprofit organizations--can obtain Federal loans, grants, and contracts and offer recommendations for improving these processes in light of the special needs and contributions of social enterprises. (xii) Review of the current process, policies, and procedures through which social enterprises--both for-profit and nonprofit organizations--can access Federal contracting opportunities and offer recommendations for improving the access of social enterprises to Federal procurement opportunities. (xiii) How the Federal Government can play a role in developing a purchasing directory of social enterprises within the United States that can be supported by citizens, businesses, and government. (xiv) Opportunities for the Federal Government to develop and expand research and the collection and analysis of longitudinal data on social enterprises. (xv) Barriers to social enterprise growth. (xvi) Opportunities for the development of an entity or initiative to support intermediaries that will promote and invest in social enterprise. (xvii) Identification of the appropriate entity within the Federal Government that shall be charged with the responsibility of preparing an annual report to Congress on the impact of social enterprises in the United States and the extent to which the Federal Government interacts with, supports, and invests in social enterprises. And, where appropriate, this entity shall monitor and update the areas of study listed in this subparagraph. (f) Powers of the Commission.-- (1) The Commission may hold such hearings and collect such information as appropriate for carrying out this section. (2) Except as otherwise prohibited by law, the Commission may secure directly from any Federal department or agency information the Commission considers necessary to carry out this section. Upon the request of the Commission, the head of the any Federal agency shall furnish information requested under this paragraph to the Commission. (3) The Commission may enter into contracts for research to inform the deliberations of the Commission. (4) The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (g) Commission Personnel Matters.-- (1) Travel expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (2) Detail of federal employees.--On the affirmative vote of \2/3\ of the members of the Commission and the approval of the appropriate Federal agency head, an employee of the Federal Government at GS-13 level or higher may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges. (3) Staff.-- (A) In general.-- (i) Appointment and compensation.--The chairperson, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at Level V of the Executive Schedule under section 5316 of title 5, United States Code. (ii) Personnel as federal employees.-- (I) In general.--Any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (II) Members of the commission.-- Subparagraph (I) shall not be construed to apply to members of the Commission. (B) Volunteer services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. (4) Procurement of temporary and intermittent services.--On request of the Commission, the Attorney General shall provide to the Commission, on a reimbursable basis, reasonable and appropriate office space, supplies, and administrative assistance. (h) Contracts for Research.-- (1) Researchers and experts.--On an affirmative vote of \2/ 3\ of the members of the Commission, the Commission may select nongovernmental researchers and experts to assist the Commission in carrying out the duties of the Commission under this section. (2) Other organizations.--Nothing in this subsection limits the ability of the Commission to enter into contracts with any other entity or organization to carry out research necessary to carry out the duties of the Commission under this section. (i) Report.--Not later than 1 year after the Commission establishes criteria by which to identify social enterprise, the Commission shall submit to the President and Congress a report on the Commission's findings, conclusions, and recommendations. The report shall identify the Federal programs recommended and shall include-- (1) reports on all matters studied as described in subsection (b); and (2) how existing Federal Government programs can be expanded to take advantage of the social and economic benefits of social enterprises. (j) Termination.--The Commission shall terminate 90 days after the date on which the Commission submits the report of the Commission under subsection (i). (k) Availability of Appropriations.--Funds appropriated to the Commission shall be available for the duration of the Commission.

Social Enterprise Ecosystem and Economic Development Commission Act of 2012 or the SEEED Commission Act of 2012 - Establishes the Commission on the Advancement of Social Enterprise to examine and make recommendations on ways the federal government can support and utilize social enterprises. Requires the Commission to: (1) establish criteria for identifying social enterprises for purposes of federal programs, and (2) identify opportunities for the federal government to engage social enterprises in creating jobs and strengthening local economies.

To provide for the establishment of a Commission on the Advancement of Social Enterprise.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Access to Community Health Centers (MATCH) Act of 2007''. SEC. 2. FINDINGS. Congress finds that: (1) National importance.--Community health centers serve as the medical home and family physician to over 16,000,000 people nationally. Patients of community health centers represent 1 in 7 low-income persons, 1 in 8 uninsured Americans, 1 in 9 Medicaid beneficiaries, 1 in 10 minorities, and 1 in 10 rural residents. (2) Health care safety net.--Because Federally qualified health centers (FQHCs) are generally located in medically underserved areas, the patients of Federally qualified health centers are disproportionately low income, uninsured or publicly insured, and minorities, and they frequently have poorer health and more complicated, costly medical needs than patients nationally. As a chief component of the health care safety net, Federally qualified health centers are required by regulation to serve all patients, regardless of insurance status or ability to pay. (3) Medicare beneficiaries.--Medicare beneficiaries are typically less healthy and, therefore, costlier to treat than other patients of Federally qualified health centers. Medicare beneficiaries tend to have more complex health care needs as-- (A) more than half of Medicare patients have at least 2 chronic conditions; (B) 45 percent take 5 or more medications; and (C) over half of Medicare beneficiaries have more than 1 prescribing physician. (4) Need to improve fqhc payment.--While the Centers for Medicare & Medicaid Services have nearly 15 years' worth of cost report data from Federally qualified health centers, which would equip the agency to develop a new Medicare reimbursement system, the agency has failed to update and improve the Medicare FQHC payment system. SEC. 3. EXPANSION OF MEDICARE-COVERED PRIMARY AND PREVENTIVE SERVICES AT FEDERALLY QUALIFIED HEALTH CENTERS. (a) In General.--Section 1861(aa)(3) of the Social Security Act (42 U.S.C. 1395x(aa)(3)) is amended to read as follows: ``(3) The term `Federally qualified health center services' means-- ``(A) services of the type described in subparagraphs (A) through (C) of paragraph (1), and such other ambulatory services furnished by a Federally qualified health center for which payment may otherwise be made under this title if such services were furnished by a health care provider or health care professional other than a Federally qualified health center; and ``(B) preventive primary health services that a center is required to provide under section 330 of the Public Health Service Act, when furnished to an individual as a patient of a Federally qualified health center and such services when provided by a health care provider or health care professional employed by or under contract with a Federally qualified health center and for this purpose, any reference to a rural health clinic or a physician described in paragraph (2)(B) is deemed a reference to a Federally qualified health center or a physician at the center, respectively. Services described in the previous sentence shall be treated as billable visits for purposes of payment to the Federally qualified health center.''. (b) Conforming Amendment To Permit Payment for Hospital-Based Services.--Section 1862(a)(14) of such Act (42 U.S.C. 1395y(a)(14)) is amended by inserting ``Federally qualified health center services,'' after ``qualified psychologist services,''. (c) Effective Dates.--The amendments made by subsections (a) and (b) shall apply to services furnished on or after January 1, 2008. SEC. 4. ESTABLISHMENT OF A MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR FEDERALLY QUALIFIED HEALTH CENTER SERVICES. (a) In General.--Paragraph (3) section 1833(a) of the Social Security Act (42 U.S.C. 1395l(a)) is amended to read as follows: ``(3)(A) in the case of services described in section 1832(a)(2)(D)(i) the costs which are reasonable and related to the furnishing of such services or which are based on such other tests of reasonableness as the Secretary may prescribe in regulations including those authorized under section 1861(v)(1)(A), less the amount a provider may charge as described in clause (ii) of section 1866(a)(2)(A) but in no case may the payment for such services (other than for items and services described in 1861(s)(10)(A)) exceed 80 percent of such costs; and ``(B) in the case of services described in section 1832(a)(2)(D)(ii) furnished by a Federally qualified health center-- ``(i) subject to clauses (iii) and (iv), for services furnished on and after January 1, 2008, during the center's fiscal year that ends in 2008, an amount (calculated on a per visit basis) that is equal to 100 percent of the average of the costs of the center of furnishing such services during such center's fiscal years ending during 2006 and 2007 which are reasonable and related to the cost of furnishing such services, or which are based on such other tests of reasonableness as the Secretary prescribes in regulations including those authorized under section 1861(v)(1)(A) (except that in calculating such cost in a center's fiscal years ending during 2006 and 2007 and applying the average of such cost for a center's fiscal year ending during fiscal year 2008, the Secretary shall not apply a per visit payment limit or productivity screen), less the amount a provider may charge as described in clause (ii) of section 1866(a)(2)(A), but in no case may the payment for such services (other than for items or services described in section 1861(s)(10)(A)) exceed 80 percent of such average of such costs; ``(ii) subject to clauses (iii) and (iv), for services furnished during the center's fiscal year ending during 2009 or a succeeding fiscal year, an amount (calculated on a per visit basis and without the application of a per visit limit or productivity screen) that is equal to the amount determined under this subparagraph for the center's preceding fiscal year (without regard to any copayment)-- ``(I) increased for a center's fiscal year ending during 2009 by the percentage increase in the MEI (as defined in section 1842(i)(3)) applicable to primary care services (as defined in section 1842(i)(4)) for 2009 and increased for a center's fiscal year ending during 2010 or any succeeding fiscal year by the percentage increase for such year of a market basket of Federally qualified health center costs as developed and promulgated through regulations by the Secretary; and ``(II) adjusted to take into account any increase or decrease in the scope of services, including a change in the type, intensity, duration, or amount of services, furnished by the center during the center's fiscal year, less the amount a provider may charge as described in clause (ii) of section 1866(a)(2)(A), but in no case may the payment for such services (other than for items or services described in section 1861(s)(10)(A)) exceed 80 percent of the amount determined under this clause (without regard to any copayment); ``(iii) subject to clause (iv), in the case of an entity that first qualifies as a Federally qualified health center in a center's fiscal year ending after 2007-- ``(I) for the first such center fiscal year, an amount (calculated on a per visit basis and without the application of a per visit payment limit or productivity screen) that is equal to 100 percent of the costs of furnishing such services during such center fiscal year based on the per visit payment rates established under clause (i) or (ii) for a comparable period for other such centers located in the same or adjacent areas with a similar caseload or, in the absence of such a center, in accordance with the regulations and methodology referred to in clause (i) or based on such other tests of reasonableness (without the application of a per visit payment limit or productivity screen) as the Secretary may specify, less the amount a provider may charge as described in clause (ii) of section 1866 (a)(2)(A), but in no case may the payment for such services (other than for items and services described in section 1861(s)(10)(A)) exceed 80 percent of such costs; and ``(II) for each succeeding center fiscal year, the amount calculated in accordance with clause (ii); and ``(iv) with respect to Federally qualified health center services that are furnished to an individual enrolled with a MA plan under part C pursuant to a written agreement described in section 1853(a)(4) (or, in the case of MA private fee for service plan, without such written agreement) the amount (if any) by which-- ``(I) the amount of payment that would have otherwise been provided under clauses (i), (ii), or (iii) (calculated as if `100 percent' were substituted for `80 percent' in such clauses) for such services if the individual had not been enrolled; exceeds ``(II) the amount of the payments received under such written agreement (or, in the case of MA private fee for service plans, without such written agreement) for such services (not including any financial incentives provided for in such agreement such as risk pool payments, bonuses, or withholds) less the amount the Federally qualified health center may charge as described in section 1857(e)(3)(B);''. (b) Effective Date.--The amendment made by subsection (a) shall apply to services furnished on or after January 1, 2008.

Medicare Access to Community Health Centers (MATCH) Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to revise the definition of "federally qualified health center services" to include ambulatory services furnished by a federally qualified health center (FQHC) for which payment may otherwise be made under Medicare if such services were furnished by a non-FQHC health care provider or health care professional employed by or under contract with an FQHC. Permits payment for hospital-based services. Provides for a Medicare prospective payment system (PPS) for Medicare-covered services provided by FQHCs.

A bill to amend title XVIII of the Social Security Act to establish a prospective payment system instead of the reasonable cost-based reimbursement method for Medicare-covered services provided by Federally qualified health centers and to expand the scope of such covered services to account for expansions in the scope of services provided by Federally qualified health centers since the inclusion of such services for coverage under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stolen Identity Refund Fraud Prevention Act of 2017''. SEC. 2. CENTRALIZED POINT OF CONTACT FOR IDENTITY THEFT VICTIMS. The Secretary of the Treasury, or the Secretary's delegate, shall establish and maintain an office at the Internal Revenue Service and procedures to ensure that any taxpayer whose return has been delayed or otherwise adversely affected due to the theft of the taxpayer's identity has a centralized point of contact throughout the processing of his or her case. The office shall coordinate with other offices within the Internal Revenue Service to resolve the taxpayer's case as quickly as possible. SEC. 3. TAXPAYER NOTIFICATION OF SUSPECTED IDENTITY THEFT. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7529. NOTIFICATION OF SUSPECTED IDENTITY THEFT. ``If the Secretary determines that there was an unauthorized use of the identity of any taxpayer, the Secretary shall-- ``(1) as soon as practicable and without jeopardizing an investigation relating to tax administration, notify the taxpayer and include with that notice-- ``(A) instructions to the taxpayer about filing a police report; and ``(B) the forms the taxpayer must submit to allow investigating law enforcement officials to access the taxpayer's personal information; and ``(2) if any person is criminally charged by indictment or information relating to such unauthorized use, notify such taxpayer as soon as practicable of such charge.''. (b) Clerical Amendment.--The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: ``Sec. 7529. Notification of suspected identity theft.''. (c) Effective Date.--The amendments made by this section shall apply to determinations made after the date of the enactment of this Act. SEC. 4. REPORT ON ELECTRONIC FILING OPT OUT. The Secretary of the Treasury (or the Secretary's delegate) shall submit a feasibility study to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate describing a program under which a person who has filed an identity theft affidavit with the Secretary may elect to prevent the processing of any Federal tax return submitted in an electronic format by that taxpayer or a person purporting to be that taxpayer. The study shall be submitted within 180 days after the date of the enactment of this Act and should also include a recommendation on whether to implement such a program. SEC. 5. USE OF INFORMATION IN DO NOT PAY INITIATIVE IN PREVENTION OF IDENTITY THEFT REFUND FRAUD. The Secretary of the Treasury, and the Secretary's delegate, shall use the information available under the Do Not Pay Initiative established under section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note) to help prevent identity theft refund fraud. SEC. 6. REPEAL OF PROVISION REGARDING CERTAIN TAX COMPLIANCE PROCEDURES AND REPORTS. Section 2004 of the Internal Revenue Service Restructuring and Reform Act of 1998 (26 U.S.C. 6012 note) is repealed. SEC. 7. REPORT ON IDENTITY THEFT REFUND FRAUD. (a) In General.--Not later than September 30, 2018, and biannually thereafter through September 30, 2023, the Secretary of the Treasury (or the Secretary's delegate) shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the extent and nature of fraud involving the use of a misappropriated taxpayer identity with respect to claims for refund under the Internal Revenue Code of 1986 during the preceding completed income tax filing season, and the detection, prevention, and enforcement activities undertaken by the Internal Revenue Service with respect to such fraud, including-- (1) detailing efforts to combat identity theft fraud, including an update on the victims' assistance unit; (2) information on both the average and maximum amounts of time that elapsed before the cases of victims of such fraud were resolved; and (3) discussing Internal Revenue Service efforts associated with other avenues for addressing identity theft refund fraud. (b) Additional Requirements.--In addition, each report shall provide an update on the implementation of this Act and identify the need for any further legislation to protect taxpayer identities. (c) Progress on Outreach and Education.--In the first biannual report on identity theft refund fraud under subsection (a), the Secretary (or the Secretary's delegate) shall include-- (1) an assessment of the agency's progress on identity theft outreach and education to the private sector, State agencies, and external organizations; and (2) the results of a feasibility study on the costs and benefits to enhancing its taxpayer authentication approach to the electronic tax return filing process. SEC. 8. INFORMATION SHARING AND ANALYSIS CENTER. (a) In General.--The Secretary (or the Secretary's delegate) shall establish an information sharing and analysis center to centralize, standardize, and enhance data compilation and analysis to facilitate sharing actionable data and information with respect to identity theft. (b) Report.--Not later than 1 year after establishment of the information sharing and analysis center, the Secretary (or the Secretary's delegate) shall submit a report to the Committee on Ways and Means of the House of Representatives and Committee on Finance of the Senate on the information sharing and analysis center described in subsection (a). The report shall include the data that was shared, the use of such data, and the results of the data sharing and analysis center in combating identity theft. SEC. 9. LOCAL LAW ENFORCEMENT LIAISON. (a) Establishment.--The Commissioner of Internal Revenue shall establish within the Criminal Investigation Division of the Internal Revenue Service the position of Local Law Enforcement Liaison. (b) Duties.--The Local Law Enforcement Liaison shall serve as the primary source of contact for State and local law enforcement authorities with respect to tax-related identity theft, having duties that shall include-- (1) receiving information from State and local law enforcement authorities; (2) responding to inquiries from State and local law enforcement authorities; (3) administering authorized information-sharing initiatives with State or local law enforcement authorities and reviewing the performance of such initiatives; (4) ensuring any information provided through authorized information-sharing initiatives with State or local law enforcement authorities is used only for the prosecution of identity theft-related crimes and not re-disclosed to third parties; and (5) such other duties relating to tax-related identity theft prevention as are delegated by the Commissioner of Internal Revenue. SEC. 10. IRS PHONE SCAM REPORT. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Inspector General for Tax Administration, in consultation with the Federal Communications Commission and the Federal Trade Commission, shall submit a report to Congress regarding identity theft phone scams under which individuals attempt to obtain personal information over the phone from taxpayers by falsely claiming to be calling from or on behalf the Internal Revenue Service. (b) Contents of Report.--Such report shall include-- (1) a description of the nature and form of such scams; (2) an estimate of the number of taxpayers contacted pursuant to, and the number of taxpayers who have been victims of, such scams; (3) an estimate of the amount of wrongful payments obtained from such scams; and (4) details of potential solutions to combat and prevent such scams, including best practices from the private sector and technological solutions. SEC. 11. PROVIDING IDENTITY THEFT PREVENTION INFORMATION WHILE ON HOLD WITH INTERNAL REVENUE SERVICE. The Secretary of the Treasury, or the Secretary's delegate, shall ensure that if a taxpayer is on hold with the Internal Revenue Service on a taxpayer service telephone call the following information is provided: (1) Basic information about common identity theft tax scams. (2) Directions on where to report such activity. (3) Tips on how to protect against identity theft tax scams. SEC. 12. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized.

Stolen Identity Refund Fraud Prevention Act of 2017 This bill amends the Internal Revenue Code to require the Department of the Treasury and the Internal Revenue Service (IRS) to take several actions to prevent and respond to tax-related identity theft and tax fraud. Treasury or the IRS must: establish a centralized point of contact for identify theft victims; provide notifications, instructions, and forms to suspected victims of identity theft; provide various reports to Congress regarding identity theft, tax refund fraud, and related prevention programs; use information available from the Do Not Pay Initiative established by the Improper Payments Elimination and Recovery Improvement Act of 2012 to help prevent identity theft tax refund fraud; establish an information sharing and analysis center to centralize, standardize, and enhance data compilation and analysis to facilitate sharing actionable data and information with respect to identity theft; establish within the IRS Criminal Investigation Division the position of Local Law Enforcement Liaison to interact with state and local law enforcement authorities with respect to tax-related identity theft; and provide specified identity theft prevention information to taxpayers who are on hold during a taxpayer service telephone call. The Inspector General for Tax Administration must report to Congress regarding identity theft phone scams under which individuals attempt to obtain personal information over the phone from taxpayers by falsely claiming to be calling from or on behalf of the IRS. No additional funds are authorized to carry out this bill.

Stolen Identity Refund Fraud Prevention Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lobbying Transparency Act of 2007''. SEC. 2. QUARTERLY REPORTS BY REGISTERED LOBBYISTS ON CONTRIBUTIONS BUNDLED FOR CERTAIN RECIPIENTS. (a) In General.--Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is amended by adding at the end the following new subsection: ``(d) Quarterly Reports on Contributions Bundled For Certain Recipients.-- ``(1) In general.--Not later than 45 days after the end of the quarterly period beginning on the first day of January, April, July, and October of each year, each registered lobbyist who bundles 2 or more contributions made to a covered recipient in an aggregate amount exceeding $5,000 for such covered recipient during such quarterly period shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives containing-- ``(A) the name of the registered lobbyist; ``(B) in the case of an employee, his or her employer; and ``(C) the name of the covered recipient to whom the contribution is made, and to the extent known the aggregate amount of such contributions (or a good faith estimate thereof) within the quarter for the covered recipient. ``(2) Exclusion of certain information.--In filing a report under paragraph (1), a registered lobbyist shall exclude from the report any information described in paragraph (1)(C) which is included in any other report filed by the registered lobbyist with the Secretary of the Senate and the Clerk of the House of Representatives under this Act. ``(3) Requiring submission of information prior to filing reports.--Not later than 25 days after the end of a period for which a registered lobbyist is required to file a report under paragraph (1) which includes any information described in such section with respect to a covered recipient, the registered lobbyist shall transmit by certified mail to the covered recipient involved a statement containing-- ``(A) the information that will be included in the report with respect to the covered recipient; ``(B) the source of each contribution included in the aggregate amount referred to in paragraph (1)(C) which the registered lobbyist bundled for the covered recipient during the period covered by the report and the amount of the contribution attributable to each such source; and ``(C) a notification that the covered recipient has the right to respond to the statement to challenge and correct any information included before the registered lobbyist files the report under paragraph (1). ``(4) Definition of registered lobbyist.--For purposes of this subsection, the term `registered lobbyist' means a person who is registered or is required to register under paragraph (1) or (2) of section 4(a), or an individual who is required to be listed under section 4(b)(6) or subsection (b). ``(5) Definition of bundled contribution.--For purposes of this subsection, a registered lobbyist `bundles' a contribution if-- ``(A) the contribution is received by a registered lobbyist for, and forwarded by a registered lobbyist to, the covered recipient to whom the contribution is made; or ``(B) the contribution will be or has been credited or attributed to the registered lobbyist through records, designations, recognitions or other means of tracking by the covered recipient to whom the contribution is made. ``(6) Other definitions.--In this subsection-- ``(A) the term `contribution' has the meaning given such term in the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), except that such term does not include a contribution in an amount which is less than $200; ``(B) the terms `candidate', `political committee', and `political party committee' have the meaning given such terms in the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.); ``(C) the term `covered recipient' means a Federal candidate, an individual holding Federal office, a leadership PAC, a multicandidate political committee described in section 315(a)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(4)), or a political party committee; and ``(D) the term `leadership PAC' means, with respect to an individual holding Federal office, an unauthorized political committee which is associated with such individual, except that such term shall not apply in the case of a political committee of a political party.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to the second quarterly period described in section 5(d)(1) of the Lobbying Disclosure Act of 1995 (as added by subsection (a)) which begins after the date of the enactment of this Act and each succeeding quarterly period. Passed the House of Representatives May 24, 2007. Attest: LORRAINE C. MILLER, Clerk.

Lobbying Transparency Act of 2007 - Amends the Lobbying Disclosure Act of 1995 to require a registered lobbyist who bundles two or more contributions made (in an aggregate amount exceeding $5,000) to a covered recipient during a quarterly period to: (1) file a quarterly report with the Secretary of the Senate and the Clerk of the House of Representatives; and (2) notify the covered recipient by certified mail before filing such report. Requires the notification to express the covered recipient's right to respond to the statement to challenge and correct any information included before the registered lobbyist files such report. Defines "covered recipient" as a federal candidate, an individual holding federal office, a leadership PAC (an unauthorized political committee which is associated with an individual holding federal office, excluding a political committee of a political party), a multicandidate political committee, or a political party committee.

To amend the Lobbying Disclosure Act of 1995 to require registered lobbyists to file quarterly reports on contributions bundled for certain recipients, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Donald J. Trump Wealth Tax Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1999, then Presidential candidate Donald J. Trump said the following on Good Morning America regarding his wealth tax plan, ``If I were president, it would be passed. I think if somebody else is president, it probably can't be. . . . This is a tax paid by 1 percent, but the 1 percent will be very big beneficiaries with what's going to happen and the positive forces that would take place in the economy.''. (2) In an interview with Sean Hannity on Fox News in 2015, then Presidential candidate Trump described his 1999 wealth tax plan as ``a very conservative thing to do.''. (3) The proposed tax plan, according to then Presidential candidate Trump, was expected to raise $5.7 trillion and pay off the national debt in its entirety at the time. (4) Many prominent conservatives have argued reducing the national debt is crucial for our economic health and prosperity, including the following: (A) According to a 2011 Heritage Foundation Report, Saving the American Dream, ``Our national debt now is nearly 70 percent of GDP and on track to hit 185 percent within 25 years. Lower debt will remove the threat of financial crisis and restore the confidence of investors and lenders. It will also sharply reduce the debt burden on future generations, relieve the pressure on interest rates, and help to secure our prosperity.''. (B) Republican National Committee Chairman, now White House Chief of Staff, Reince Priebus in his 2014 Statement on the National Debt Increase stated, ``Spending more money than we have is immoral; it hurts future generations who will be left to pay off the bills. Taking care of this generation shouldn't require robbing the next. This is why Republicans have fought for fiscal responsibility in Congress.''. (C) As the Cato Institute wrote in 2016, ``The debt matters. Not only is it remarkably unfair to our children and grandchildren, it is imposing costs today. Our economic growth is slower and our wages lower than they would be if it were smaller. Other political and economic priorities are being squeezed out. Interest on the debt was projected to reach $261 billion this year, and exceed $500 billion by 2020 even before factoring in the recent budget-busting deals.''. (D) In August of 2016, President of the Committee for a Responsible Federal Budget, Maya MacGuineas, said, ``The evidence is clear: Reducing our projected long-term debt will promote economic growth; increasing debt will slow that growth.''. (E) According to the GOP Platform in 2016, ``Our national debt is a burden on our economy and families. The huge increase in the national debt demanded by and incurred during the current Administration has placed a significant burden on future generations. We must impose firm caps on future debt, accelerate the repayment of the trillions we now owe in order to reaffirm our principles of responsible and limited government, and remove the burdens we are placing on future generations. A strong economy is one key to debt reduction, but spending restraint is a necessary component that must be vigorously pursued.''. (5) Since the beginning of the Global War on Terror, the Overseas Operations in Iraq, Afghanistan, and other War on Terror-related activities have added an estimated $1.7 trillion to the national debt (according to figures by the Congressional Research Service and the Congressional Budget Office). (6) Several academic and media reports project total spending and future obligations for the Overseas Operations in Iraq, Afghanistan, and other War on Terror-related activities to cost between $4 trillion and $6 trillion (a recent report by the Cost of War project at Brown University estimates the costs through 2053 as $4.792 trillion). (7) If the Donald J. Trump Wealth Tax raises the $5.7 trillion that President Trump expected it would in 1999, it would cover all current and future obligations incurred by the Global War on Terror and reduce the debt to GDP ratio from 77 percent to 46 percent. (8) On February 28, 2017, President Trump declared in his speech before Congress that, ``Democrats and Republicans should get together and unite for the good of our country and for the good of the American people.''. (9) In the spirit of bipartisanship, we introduce the Donald J. Trump Wealth Tax to fulfill his promise to the American people and substantially reduce our national debt. SEC. 3. DONALD J. TRUMP WEALTH TAX. (a) Tax Imposed.--There is hereby imposed a tax equal to 14.25 percent of so much of the net worth of any individual who is a citizen or resident of the United States, or any applicable trust, as exceeds $10,000,000. (b) Valuation.--For purposes of this section, net worth shall be determined as of the date of the enactment of this Act under rules similar to the rules for determining the taxable estate of a decedent under chapter 11 of the Internal Revenue Code of 1986, except that in the case of any married individuals, the tax imposed by this section shall be determined jointly. (c) Trusts.--For purposes of this section-- (1) Applicable trust.--The term ``applicable trust'' means any trust which is not treated as a grantor trust under such Code and which is-- (A) a domestic trust; or (B) any portion of a foreign trust which is allocable, under such rules as the Secretary of the Treasury may prescribe, to one or more beneficiaries who are citizens or residents of the United States. (2) Grantor trust.--The net worth of any grantor trust shall be taken into account by the grantor in determining the tax imposed by this section. (d) Exclusion of Principal Residence and Its Indebtedness.--The value of any principal residence (within the meaning section 121 of such Code), and any acquisition indebtedness (as defined in section 163(h)(3)(B) of such Code) with respect thereto, shall not be taken into account under subsection (a).

Donald J. Trump Wealth Tax Act of 2017 This bill imposes a 14.25% tax on any U.S. citizen, resident, or applicable trust with a net worth that exceeds $10 million. The tax applies to the portion of the net worth that exceeds $10 million, excluding the value of any principal residence and its indebtedness.

Donald J. Trump Wealth Tax Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``South Texas Veterans Access to Care Act of 2006''. SEC. 2. FINDINGS; DEFINITION. (a) Findings.--Congress finds the following: (1) The current and future health care needs of veterans residing in the Far South Texas area are not being fully met by the Department of Veterans Affairs. (2) The Department of Veterans Affairs states that, as of January 1, 2006, the number of veterans in Far South Texas is approximately 114,000. (3) In its Capital Asset Realignment for Enhanced Services study, the Department of Veterans Affairs found that fewer than three percent of its enrollees in the Valley-Coastal Bend Market of Veterans Integrated Service Network 17 reside within its acute hospital access standards. (4) Travel times for veterans from the market referred to in paragraph (3) can exceed six hours from their residences to the nearest Department of Veterans Affairs hospital for acute inpatient health care. (5) Even with the significant travel times, veterans from Far South Texas demonstrate a high demand for health care services from the Department of Veterans Affairs. (6) Current deployments involving members of the Texas National Guard and Reservists from Texas will continue to inflate projections by the Department of Veterans Affairs of demand. (b) Definition.--For purposes of this Act, the term ``Far South Texas'' means the following counties of the State of Texas: Aransas, Bee, Brooks, Calhoun, Cameron, Crockett, DeWitt, Dimmit, Duval, Goliad, Hidalgo, Jackson, Jim Hogg, Jim Wells, Kenedy, Kleberg, Nueces, Refugio, San Patricio, Starr, Victoria, Webb, Willacy, and Zapata. SEC. 3. MEDICAL CARE FOR VETERANS IN FAR SOUTH TEXAS. (a) Determination.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall determine, and notify Congress pursuant to subsection (b), whether the needs of veterans in Far South Texas for acute inpatient hospital care shall be met-- (1) through a project for a public-private venture to provide inpatient services and long-term care to veterans in an existing facility in Far South Texas; (2) through a project for construction of a new full- service, 50-bed hospital with a 125-bed nursing home in Far South Texas; or (3) through a sharing agreement with a military treatment facility in Far South Texas. (b) Notification and Prospectus.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report-- (1) identifying which of the three 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 timelines. SEC. 4. PUBLIC-PRIVATE VENTURE FOR MEDICAL CARE FOR VETERANS IN FAR SOUTH TEXAS. (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 of a public-private venture to provide inpatient and long-term care to veterans at an existing facility in Far South Texas, 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 long-term care services for veterans at an existing facility in one of the counties of Far South Texas. 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 are 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, FAR SOUTH TEXAS. (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 in Far South Texas of a new full-service, 175-bed facility providing inpatient and long-term care services. Such facility shall be located in the county in Far South Texas 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 $175,000,000 for the project authorized by subsection (a). SEC. 6. SHARED FACILITY WITH DEPARTMENT OF DEFENSE, FAR SOUTH TEXAS. (a) Project Authorization.--If the option selected by the Secretary of Veterans Affairs under section 3(a) is the option specified in paragraph (3) of that section for a project of a Department of Veterans Affairs-Department of Defense shared facility to provide inpatient and long-term care to veterans at an existing facility in Far South Texas, 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 military treatment facility to provide for inpatient and long-term care services for veterans at an existing facility in one of the counties of Far South Texas. 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 are authorized to be appropriated such sums as necessary for a Department of Veterans Affairs-Department of Defense venture project under this section.

South Texas Veterans Access to Care Act of 2006 - Directs the Secretary of Veterans Affairs to determine, and notify Congress, whether the needs of veterans for acute inpatient hospital care in 24 counties comprising Far South Texas shall be met through: (1) a public-private venture to provide such services and long-term care to veterans in an existing facility in Far South Texas; (2) a project for construction of a new full-service, 50-bed hospital with a 125-bed nursing home in Far South Texas; or (3) a sharing agreement with a military treatment facility in Far South Texas. Requires the Secretary to take appropriate action depending on the option selected.

To provide for the health care needs of veterans in far South Texas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal State Renewable Energy Promotion Act of 2008''. SEC. 2. STATE OCEAN AND COASTAL RENEWABLE ENERGY PLANNING. (a) In General.--The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by inserting after section 306A the following: ``ocean and coastal renewable energy state surveys; renewable energy site identification and planning ``Sec. 306B. (a) Grants to States.--The Secretary may make grants to eligible coastal States to support voluntary State efforts to initiate and complete surveys of portions of coastal State waters and Federal waters adjacent to a State's coastal zone, in consultation with the Minerals Management Service, to identify potential areas suitable or unsuitable for the exploration, development, and production of renewable energy that are consistent with the enforceable policies of coastal management plans approved pursuant to section 306(d). ``(b) Survey Elements.--Surveys developed with grants under this section shall include consideration of-- ``(1) hydrographic and bathymetric surveys; ``(2) oceanographic observations and measurements of the physical ocean environment, especially seismically active areas; ``(3) identification and characterization of significant or sensitive marine ecosystems or other areas possessing important conservation, recreational, ecological, historic, or aesthetic values; ``(4) surveys of existing marine uses in the outer Continental Shelf and identification of potential conflicts; ``(5) inventories and surveys of shore locations and infrastructure capable of supporting renewable energy development; ``(6) inventories and surveys of offshore locations and infrastructure capable of supporting renewable energy development; and ``(7) other matters as may be necessary. ``(c) Participation and Cooperation.--To the extent practicable, coastal States shall provide opportunity for the participation in surveys under this section by relevant Federal agencies, State agencies, local governments, regional organizations, port authorities, and other interested parties and stakeholders, public and private, that is adequate to develop a comprehensive survey. ``(d) Guidelines.--The Secretary shall, within 180 days after the date of enactment of this section and after consultation with the coastal States, publish guidelines for the application for and use of grants under this section. ``(e) Annual Grants.--For each of fiscal years 2009 through 2012, the Secretary may make a grant to a coastal State under this section if the coastal State demonstrates to the satisfaction of the Secretary that the grant will be used to develop a renewable energy survey consistent with the requirements set forth in this section. ``(f) Grant Amounts.--The amount of any grant under this section shall not exceed $750,000 for any fiscal year. ``(g) State Match.-- ``(1) Before fiscal year 2011.--The Secretary shall not require any State matching fund contribution for grants awarded under this section for any fiscal year before fiscal year 2011. ``(2) After fiscal year 2011.--The Secretary shall require a coastal State to provide a matching fund contribution for a grant under this section for surveys of a State's coastal waters, according to-- ``(A) a 2-to-1 ratio of Federal-to-State contributions for fiscal year 2011; and ``(B) a 1-to-1 ratio of Federal-to-State contributions for fiscal year 2012. ``(3) Limitation.--The Secretary shall not require any matching funds for surveys of Federal waters adjacent to a State's coastal zone. ``(h) Secretarial Review.--After an initial grant is made to a coastal State under this section, no subsequent grant may be made to that coastal State under this section unless the Secretary finds that the coastal State is satisfactorily developing its survey. ``(i) Limitation on Eligibility.--No coastal State is eligible to receive grants under this section for more than 3 fiscal years. ``(j) Applicability.--This section and the surveys conducted with assistance under this section shall not be construed to convey any new authority to any coastal State, or repeal or supersede any existing authority of any Federal agency, to regulate the siting, licensing, leasing, or permitting of renewable energy facilities in areas of the outer Continental Shelf under the administration of the Federal Government. Nothing in this section repeals or supersedes any existing coastal State authority pursuant to State or Federal law. ``(k) Priority.--Any area that is identified as suitable for potential renewable energy development under surveys developed with assistance under this section shall be given priority consideration by Federal agencies for the siting, licensing, leasing, or permitting of renewable energy facilities. Any area that is identified as unsuitable under surveys developed with assistance under this section shall be avoided by Federal agencies to the maximum extent practicable. ``(l) Assistance by the Secretary.--The Secretary shall-- ``(1) under section 307(a) and to the extent practicable, make available to coastal States the resources and capabilities of the National Oceanic and Atmospheric Administration to provide technical assistance to the coastal States to develop surveys under this section; and ``(2) encourage other Federal agencies with relevant expertise to participate in providing technical assistance under this subsection. ``(m) Renewable Energy Defined.--In this section the term `renewable energy' means wind, wave, current, tidal, or ocean thermal energy.''. (b) Authorization of Appropriations.--Section 318(a) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1464) is amended-- (1) in paragraph (1)(C) by striking ``and'' after the semicolon; (2) in paragraph (2), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(3) for grants under section 306B such sums as are necessary; and''.

Coastal State Renewable Energy Promotion Act of 2008 - Amends the Coastal Zone Management Act of 1972 to authorize grants to eligible coastal states to support voluntary state efforts to initiate and complete surveys of portions of coastal state waters and federal waters adjacent to a state's coastal zone to identify potential areas suitable or unsuitable for the exploration, development, and production of renewable (wind, wave, current, tidal, or ocean thermal) energy that are consistent with the enforceable policies of coastal management plans. Requires suitable areas to be given priority consideration by federal agencies for the siting, licensing, leasing, or permitting of renewable energy facilities and requires unsuitable areas to be avoided by federal agencies to the maximum extent practicable.

To amend the Coastal Zone Management Act of 1972 to authorize grants to coastal States to support State efforts to initiate and complete surveys of coastal State waters and Federal waters adjacent to a State's coastal zone to identify potential areas suitable or unsuitable for the exploration, development, and production of renewable energy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Incentives for Family-Friendly Workplaces Act of 1996''. SEC. 2. SMALL BUSINESS FAMILY AND MEDICAL LEAVE CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45C. SMALL BUSINESS FAMILY AND MEDICAL LEAVE CREDIT. ``(a) Amount of Credit.--For purposes of section 38, in the case of an eligible small business employer, the amount of the small business family and medical leave credit determined under this section for any taxable year shall be an amount equal to 50 percent of the qualified family and medical leave costs paid or incurred by the taxpayer during such taxable year. ``(b) Limitation on Credit.--The credit allowed by subsection (a) with respect to each employee for qualified family and medical leave costs paid or incurred by the taxpayer during the taxable year with respect to such employee shall not exceed $2,000. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible small business employer.--The term `eligible small business employer' means any employer who complies with title I of the Family and Medical Leave Act of 1993 but who is not required to comply with such title by reason of employing fewer than 50 employees during the periods described in section 101(4)(A) of such Act. ``(2) Qualified family and medical leave costs.--The term `qualified family and medical leave costs' means expenses incurred in connection with complying with title I of the Family and Medical Leave Act of 1993. ``(d) Denial of Double Benefit.--No deduction shall be allowed under this chapter for that portion of the qualified family and medical leave costs otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under this section.'' (b) Conforming Amendment.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (10), by striking the period at the end of paragraph (11) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(12) in the case of an eligible small business employer (as defined in section 45C(c)), the small business family and medical leave credit determined under section 45C.'' (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45C. Small business family and medical leave credit.'' (d) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after the date which is 6 months after the date of the enactment of this Act. SEC. 3. CREDIT FOR WAGES PAID TO EMPLOYEE WHO IS ALLOWED TO SHIFT HOURS OF EMPLOYMENT OR TO WORK AT HOME IN ORDER TO REDUCE CHILD CARE NEEDS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits), as amended by section 2, is amended by adding at the end the following new section: ``SEC. 45D. WAGES PAID TO EMPLOYEE WHO IS ALLOWED TO SHIFT HOURS OF EMPLOYMENT OR WORK AT HOME IN ORDER TO REDUCE CHILD CARE NEEDS. ``(a) In General.--For purposes of section 38, the amount of the child care-related wage credit determined under this section for any taxable year shall be an amount equal to \1/3\ of the aggregate wages paid or incurred during such year which are attributable to services performed by an employee of the taxpayer during the 1-year period beginning on the date the employee first becomes a qualified employee of the taxpayer. ``(b) Qualified Employee.--For purposes of this section, the term `qualified employee' means any full-time employee if-- ``(1) such employee is permitted by the employer, solely in order to reduce the amount of dependent care services provided (to a dependent of the employee) outside the employee's household, to perform services for the employer-- ``(A) at the employee's home, or ``(B) during a period which is not within the normal business hours of the employer, and ``(2) as a result of the services performed for the employer as described in subparagraphs (A) and (B) of paragraph (1), there is at least a 20 percent reduction in the amount of time dependent care services are provided to a dependent of the employee outside the employee's household. ``(c) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Employee must be qualified employee for entire year.--No credit shall be determined under subsection (a) with respect to any employee unless such employee is a qualified employee throughout the 1-year period described in subsection (a). ``(2) Only $6,000 of wages per year taken into account.-- The amount of the wages which may be taken into account with respect to any employee shall not exceed $6,000 per year. ``(3) Wages.--The term `wages' has the meaning given such term by section 51(c) (determined without regard to paragraph (4) thereof). ``(4) Certain rules to apply.--Rules similar to the rules of section 52 and subsections (f), (g), (h), (i), and (k) of section 51 shall apply.'' (b) Conforming Amendment.--Subsection (b) of section 38 of such Code (relating to current year business credit), as amended by section 2(b), is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(13) the child care-related wage credit determined under section 45D(a).'' (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45D. Wages paid to employee who is allowed to shift hours of employment or work at home in order to reduce child care needs.'' (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to wages paid or incurred after the date which is 6 months after the date of the enactment of this Act. (2) Employer practices before effective date.--For purposes of section 45D(b)(2) of the Internal Revenue Code of 1986, as added by this section, no reduction before the 1st taxable year to which such section applies shall be taken into account.

Tax Incentives for Family-Friendly Workplaces Act of 1996 - Amends the Internal Revenue Code to allow a small business family and medical leave credit and a credit for wages paid to employees who are permitted to shift employment hours or to work at home in order to reduce child care needs.

Tax Incentives for Family-Friendly Workplaces Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug-Free School Zone Enforcement Act''. SEC. 2. RESERVATION OF FUNDS. (a) In General.--Section 4004(1) of the Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7104(1)) is amended by striking ``1;'' and inserting ``1, except that, from the amount made available under this paragraph for each fiscal year (beginning with fiscal year 2000), the Secretary shall reserve not less than $150,000,000 for grants under subpart 2;''. (b) Conforming Redesignation.--Subparts 2 and 3 of the Safe and Drug-Free Schools and Communities Act of 1994 are redesignated as subparts 3 and 4, respectively. (c) Additional Conforming Amendments.-- (1) Subpart 4.--Sections 4131 through 4134 of the Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7141 et seq.) are redesignated as sections 4141 through 4144, respectively. (2) Subpart 3.--Sections 4121 and 4123 of the Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7131 and 7133) are redesignated as sections 4131 and 4132, respectively. (3) Funding.--Section 4004(2) of the Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7104(2)) is amended by striking ``2.'' and inserting ``3.''. SEC. 3. GRANTS TO REDUCE DRUG USE AND TRANSACTIONS IN SCHOOL ZONES. The Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. 7111 et seq.) is amended by inserting after subpart 1 the following: ``Subpart 2--Drug-Free School Zone Enforcement ``SEC. 4121. STATE ALLOTMENTS. ``(a) In General.--Except as provided in subsection (b), for the purpose of carrying out section 4122, the Secretary shall, for each fiscal year, allot among the States-- ``(1) one-half of the amount reserved under section 4004(1) to carry out this subpart according to the ratio between the school-aged population of each State and the school-aged population of all the States; and ``(2) one-half of such amount according to the ratio between the amount each State received under part A of title I for the preceding year and the sum of such amounts received by all the States. ``(b) Minimum.--For any fiscal year, no State shall be allotted under this section an amount that is less than one-half of 1 percent of the total amount allotted to all the States under this section. ``(c) Reallotment.--The Secretary may reallot any amount of any allotment to a State if the Secretary determines that the State will be unable to use such amount within two years of such allotment. Such reallotments shall be made on the same basis as allotments are made under subsection (a). ``SEC. 4122. STATE GRANTS FOR DRUG-FREE SCHOOL ZONE ENFORCEMENT. ``(a) Applications.--In order to receive the allotment for its State under section 4121 for any fiscal year, the head of a State's Department of Justice (or, in the case of a State that does not have a Department of Justice, the head of the equivalent department or agency of the State that is responsible for crime reduction) shall submit to the Secretary, at such time as the Secretary may require, an application that-- ``(1) contains assurances consistent with subsection (b); and ``(2) otherwise includes any other information that the Secretary may require. ``(b) Use of Funds.-- ``(1) Subgrants.-- ``(A) Percentage.--A State agency that receives the allotment for its State under this subpart for a fiscal year shall use not less than 95 percent of such allotment to make subgrants to units of local government. ``(B) Use of funds by subgrantees.--A unit of local government that receives a subgrant under this paragraph shall use the funds for the purpose of reducing drug-related transactions and drug use in the one-mile areas surrounding elementary and secondary schools by-- ``(i) hiring additional law enforcement officers to be deployed for this purpose; ``(ii) hiring additional prosecutors to prosecute criminal cases involving such drug- related transactions or drug use; and ``(iii) facilitating coordination with State and Federal drug enforcement agencies. ``(2) Administrative costs.--Not more than 5 percent of the total amount allotted for a State under section 4121 for each fiscal year may be used for administrative costs of the State agency incurred in carrying out the activities described in paragraph (1). ``SEC. 4123. DEFINITIONS. ``For purposed of this subpart-- ``(1) the term `State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; and ``(2) the term `unit of local government' has the meaning given such term in section 901(a)(3) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)(3)).''.

Directs the Secretary of Education to: (1) reserve for such grants program a specified minimum amount of funds under such Act; and (2) make program allotments to States, according to a specified formula. Requires States to use at least 95 percent of such grant allotments for subgrants to local governments for such drug-free zone enforcement. Requires local governments to use such subgrants to hire additional law enforcement officers and prosecutors, and facilitate coordination with State and Federal drug enforcement agencies, for such drug-free zone enforcement.

Drug-Free School Zone Enforcement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Employment Opportunity Complaint Data Disclosure Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``agency'' means an Executive agency, a military department, the United States Postal Service, the Postal Rate Commission, and any other governmental entity (within the jurisdiction of the Equal Employment Opportunity Commission) which the Commission may by regulation specify, but does not include the General Accounting Office; (2) the term ``basis of alleged discrimination'' shall have the meaning given such term under section 5; and (3) the term ``issue of alleged discrimination'' shall have the meaning given such term under section 5. SEC. 3. DATA TO BE POSTED BY EMPLOYING AGENCIES. (a) In General.--Each agency shall post on its public Web site, in the time, form, and manner prescribed under section 5 (in conformance with the requirements of this section), summary statistical data relating to equal employment opportunity complaints filed with such agency by employees or former employees of, or applicants for employment with, such agency. (b) Content Requirements.--The data posted by an agency under this section shall include, for the then current fiscal year, the following: (1) The number of complaints filed with the agency in such fiscal year. (2) The number of individuals filing those complaints (including as the agent of a class). (3) The number of individuals who filed 2 or more of those complaints. (4) The number of complaints (described in paragraph (1)) in which each of the various bases of alleged discrimination is alleged. (5) The number of complaints (described in paragraph (1)) in which each of the various issues of alleged discrimination is alleged. (6) The average length of time, for each step of the process, it is taking the agency to process complaints (taking into account all complaints pending for any length of time in such fiscal year, whether first filed in such fiscal year or earlier). Average times under this paragraph shall be posted-- (A) for all such complaints; (B) for all such complaints in which a hearing before an administrative judge of the Equal Employment Opportunity Commission is not requested; and (C) for all such complaints in which a hearing before an administrative judge of the Equal Employment Opportunity Commission is requested. (7) The total number of final agency actions rendered in such fiscal year involving a finding of discrimination and, of that number-- (A) the number and percentage that were rendered without a hearing before an administrative judge of the Equal Employment Opportunity Commission; and (B) the number and percentage that were rendered after a hearing before an administrative judge of the Equal Employment Opportunity Commission. (8) Of the total number of final agency actions rendered in such fiscal year involving a finding of discrimination-- (A) the number and percentage involving a finding of discrimination based on each of the respective bases of alleged discrimination; and (B) of the number specified under subparagraph (A) for each of the respective bases of alleged discrimination-- (i) the number and percentage that were rendered without a hearing before an administrative judge of the Equal Employment Opportunity Commission; and (ii) the number and percentage that were rendered after a hearing before an administrative judge of the Equal Employment Opportunity Commission. (9) Of the total number of final agency actions rendered in such fiscal year involving a finding of discrimination-- (A) the number and percentage involving a finding of discrimination in connection with each of the respective issues of alleged discrimination; and (B) of the number specified under subparagraph (A) for each of the respective issues of alleged discrimination-- (i) the number and percentage that were rendered without a hearing before an administrative judge of the Equal Employment Opportunity Commission; and (ii) the number and percentage that were rendered after a hearing before an administrative judge of the Equal Employment Opportunity Commission. (10)(A) Of the total number of complaints pending in such fiscal year (as described in the parenthetical matter in paragraph (6)), the number that were first filed before the start of the then current fiscal year. (B) With respect to those pending complaints that were first filed before the start of the then current fiscal year-- (i) the number of individuals who filed those complaints; and (ii) the number of those complaints which are at the various steps of the complaint process. (c) Timing and Other Requirements.-- (1) Current year data.--Data posted under this section for the then current fiscal year shall include both-- (A) interim year-to-date data, updated monthly; and (B) final year-end data. (2) Data for prior years.--The data posted by an agency under this section for a fiscal year (both interim and final) shall also include, for each item under subsection (b), such agency's corresponding year-end data for each of the 5 immediately preceding fiscal years (or, if not available for all 5 years, for however many of those 5 years for which they are available). SEC. 4. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (a) In General.--The Equal Employment Opportunity Commission shall post on its public Web site, in the time, form, and manner prescribed under section 5 for purposes of this section, summary statistical data relating to-- (1) hearings requested before an administrative judge of the Commission on complaints described in section 3; and (2) appeals filed with the Commission from final agency actions on complaints described in section 3. (b) Specific Requirements.--The data posted under this section shall, with respect to the hearings and appeals described in subsection (a), include summary statistical data corresponding to that described in paragraphs (1) through (10) of section 3(b), and shall be subject to the same timing and other requirements as set forth in section 3(c). (c) Coordination.--The data required under this section shall be in addition to the data the Commission is required to post under section 3 as an employing agency. SEC. 5. REGULATIONS. The Equal Employment Opportunity Commission shall prescribe any regulations necessary to carry out this Act. SEC. 6. EFFECTIVE DATE. This Act shall take effect 6 months after the date of enactment of this Act.

Directs the Equal Employment Opportunity Commission to post on its public Web site summary statistical data relating to: (1) hearings requested before an administrative judge of the Commission on such complaints; and (2) appeals filed with the Commission from final agency actions on such complaints.

Equal Employment Opportunity Complaint Data Disclosure Act

SECTION 1. FINDINGS. Congress makes the following findings: (1) Mohuiddin A.K.M. Ahmed is an innocent Bangladeshi citizen living in exile in the United States. In 1996, a Bangladeshi court erroneously convicted Mr. Ahmed of murder and sentenced him to death in connection with a 1975 coup. Having exhausted all available legal avenues, Ahmed now sits in U.S. custody awaiting his deportation and subsequent execution. (2) The circumstances surrounding the trial in absentia and subsequent conviction of Mohiuddin ``Din'' Ahmed, are sufficiently suspect as to warrant the immediate intervention on the part of the United States Government to prevent his planned deportation, which as of now is imminent. (3) If the United States Congress, the United States State Department, or the United States Department of Homeland Security fail to intervene on his behalf, or favorably exercise their discretion in this matter, Ahmed will face certain execution by hanging upon his arrival in Bangladesh. (4) Following its split from Pakistan in 1971, the newly sovereign nation of Bangladesh experienced a period of violent civil unrest, culminating in the violent coup to overthrow the nation's first Prime Minister, Sheikh Mujibur Rahman (Mujib) on August 15, 1975. Ahmed had been commissioned as an officer in the East Pakistani military before Bangladesh declared its independence, and he continued to serve during the Pakistani civil war and after independence. On the night of August 15, 1975, Ahmed was ordered to station his men at a roadblock roughly one mile from the home of then Prime Minister of Bangladesh, Sheikh Mujibur Rahman. That night, a violent coup erupted, and individuals stormed the home of the Prime Minister, killing him and the rest of his family. (5) Ahmed, like most Bangladeshis and many international observers at the time, was concerned with Mujib's policies of political suppression and his repeated violations of the civil rights of the Bangladeshi people. However, he had no knowledge of, nor did he support, the violent coup that erupted that night. (6) Following the coup, Ahmed went on to serve as a diplomat in Iraq, Saudi Arabia, and elsewhere, until 1996, when Sheikh Hasina Wajed, daughter of the assassinated Prime Minister, came to power, and then broke her promise to respect the Bangladeshi constitutional amendment which provided immunity to officers involved in the 1975 coup. Rather, Sheikh Hasina Wajed orchestrated the repeal of the constitutional amendment, and the arrest of the men she believed were responsible for the death of her father. Under these orders, Ahmed, who had been living in Los Angeles, was tried in absentia, convicted, and sentenced to death by hanging. He will not be allowed to reopen the in absentia conviction. As such, he will not be provided the opportunity to question the fairness of the trial, confront witnesses against him, nor present exculpatory evidence on his behalf which has recently been uncovered, i.e., eyewitness testimony affirming Ahmed's innocence. (7) Soon after Din arrived in the United States he applied for asylum but was denied by both the Immigration Court and the Board of Immigration appeals. By the time his trial began in Bangladesh he had already filed a request for political asylum under the provisions of the United Nations Convention Against Torture. But after the September 11, 2001, terrorist attacks, immigration law had changed and Ahmed, accused of taking part in killing a head of state, was no longer entitled to relief from deportation. Last February, the U.S. Court of Appeals for the 9th Circuit affirmed the immigration judge's denial of asylum and related relief. (8) It is incumbent upon us to find a country where Ahmed might be granted safe-haven, that does not condone death penalty, and that respects human rights. SEC. 2. DEFERRAL OF ACTION ON DEPORTATION. (a) In General.--Notwithstanding any other provision of law, for purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), Mohuiddin A.K.M. Ahmed shall have his final order of deportation indefinitely stayed. (b) Deferral of Action.--Mohuiddin A.K.M. Ahmed shall be accorded deferred action status for an indefinite period, and the Immigration and Customs Enforcement shall release him from ICE custody with an order of supervision. As such, Mr. Mohuiddin A.K.M. Ahmed will not be deported to Bangladesh, or any country, which maintains an extradition treaty with Bangladesh or which condones the death penalty. (c) Preferential Immigration Treatment for Certain Relatives.--The spouse and children of Mohuiddin A.K.M. Ahmed shall, by virtue of such relationship, be accorded the same rights, privileges, or status under the Immigration and Nationality Act as Mohuiddin A.K.M. Ahmed. SEC. 3. PERMANENT RESIDENCE. (a) In General.--Notwithstanding any other provision of law, for purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), Mohuiddin A.K.M. Ahmed shall be eligible for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of Status.--If Mohuiddin A.K.M. Ahmed applies for lawful permanent residency, he shall be considered to have entered and remained lawfully in the United States, and shall be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Reduction of Immigrant Visa Number.--Upon the granting of permanent residence to Mohuiddin A.K.M. Ahmed, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien's birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien's birth under section 202(e) of such Act. (d) Preferential Immigration Treatment for Certain Relatives.--The spouse of Mohuiddin A.K.M. Ahmed shall, by virtue of such relationship, be accorded the same rights, privileges, or status under the Immigration and Nationality Act as Mohuiddin A.K.M. Ahmed. SEC. 4. ASYLUM ABROAD. (a) In General.--Notwithstanding any other provision of law, for purposes of the Immigration and Nationality Act Mohuiddin A.K.M. Ahmed shall be permitted to seek asylum in a foreign nation.

Provides for the relief of Mohuiddin A. K. M. Ahmed.

For the relief of Mohuiddin A. K. M. Ahmed.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Benefit Bonds Innovative Financing Act''. SEC. 2. TAX TREATMENT OF DISTRIBUTIONS FROM QUALIFIED RETIREMENT PLANS INVESTING IN PUBLIC BENEFIT BONDS. (a) In General.--Section 72 of the Internal Revenue Code of 1986 (relating to annuities; certain proceeds of endowment and life insurance contracts) is amended by redesignating subsection (w) as subsection (x) and by inserting after subsection (v) the following new subsection: ``(w) Treatment of Distribution From Qualified Retirement Plans Investing in Public Benefit Bonds.-- ``(1) In general.--In the case of any qualified retirement plan which receives directly or indirectly any interest on any public benefit bond (including any payments in respect thereof made by a surety or guarantor) for purposes of applying this section to any distribution from such plan, the distributee's investment in the contract shall be treated as including such distributee's allocable share of such interest under the terms of the qualified retirement plan, and any such distribution shall be treated as a distribution described in subsection (e)(2)(B) in which the distribution is allocable first to the investment in the contract attributable to such interest. ``(2) Treatment of installments.--In the case of a distribution to be made over more than one calendar year, the amount of public benefit bond interest to be taken into account with respect to a given calendar year shall be the aggregate amount of such interest allocable to the distributee as of the end of the prior calendar year. With respect to the final calendar year, the amount of public benefit bond interest to be taken into account shall include the amount of such interest received by the plan during such year that is allocable to the plan participant with respect to whom the distribution is made. ``(3) Public benefit bond.--The term `public benefit bond' means any obligation issued after the date of the enactment of this subsection if-- ``(i) 95 percent or more of the net proceeds of such obligation are used in connection with the financing or refinancing of 1 or more infrastructure facilities, ``(ii) such obligation has received a published rating, and ``(iii) the development of such infrastructure facilities have been or will be undertaken by a governmental entity or public-private partnership, as such terms are defined in paragraph (7). ``(4) Legend required.--No obligation shall be a public benefit bond for purposes of this subsection unless it is designated as intended to be a public benefit bond on the date of issuance and bears a legend to such effect. ``(5) Qualified retirement plan.--For purposes of this subsection, the term `qualified retirement plan' means-- ``(A) a qualified retirement plan (as defined in section 4974(c)), and ``(B) an eligible deferred compensation plan (as defined in section 457(b)). ``(6) Treatment of dividends from mutual funds.-- ``(A) In general.--For purposes of this subsection, in the case of any dividend (other than a dividend described in section 854(a)) received from a regulated investment company which meets the requirements of section 852 for the taxable year in which it paid the dividend-- ``(i) the entire amount of such dividend shall be treated as interest on a public benefit bond if the aggregate interest on such bonds received by such company during the taxable year equals or exceeds 75 percent of its gross income, or ``(ii) if clause (i) does not apply, a portion of such dividend shall be treated as interest on a public benefit bond based on the portion of the company's gross income which consists of such interest. ``(B) Notice to shareholders.--The amount of any distribution by a regulated investment company which may be taken into account as interest on a public benefit bond for purposes of this section shall not exceed the amount so designated by the company in a written notice to its shareholders mailed not later than 45 days after the close of its taxable year. ``(C) Gross income.--For purposes of this section, the term `gross income' does not include gain from the sale or other disposition of stock or securities. ``(7) Definitions.--In this section, the following definitions apply: ``(A) Entity.--The term `entity' means an individual, corporation, partnership, joint venture, trust or governmental entity or instrumentality. ``(B) Infrastructure facility.--The term `infrastructure facility' means a road, highway, bridge, tunnel, airport, mass transportation vehicle or system, passenger rail vehicle or system, intermodal transportation facility, waterway, commercial port, drinking or waste water treatment facility, solid waste disposal facility, pollution control system, hazardous waste facility, federally designated national information highway facility, school, and any ancillary facility which forms a part of any such facility or is reasonably related to such facility, whether owned, leased or operated by a public entity or a private entity or by a combination of such entities, and the financing or refinancing of the development of which is, or will be, supported in whole or in part by user fees or other dedicated revenue sources. ``(C) Public-private partnership.--The term `public-private partnership' means any entity-- ``(i) which is undertaking the development of all or part of any infrastructure facility-- ``(I) pursuant to requirements established in 1 or more contracts between such entity and a State or an instrumentality of a State, or ``(II) the activities of which with respect to such facility are subject to regulation by a State or any instrumentality of a State, and ``(ii) which owns, leases, or operates, or will own, lease, or operate, such infrastructure facility in whole or in part, and at least 1 of the participants in such entity is a nongovernmental entity.''. (b) Conforming Amendment.--Subsection (w) of section 72 of the Internal Revenue Code of 1986 is amended by adding the following new paragraph: ``(4) Treatment of qualifying public benefit bond interest.--For purposes of subsections (c)(1)(A) and (c)(2)(A), the total amount of public benefit bond interest described in subsection (w) with respect to a participant in a qualified retirement plan (determined without reference to the annuity starting date) shall be treated as an investment in the contract.''. (c) Effective Date.--The amendments made this section shall apply to distributions after the date of the enactment of this Act.

Public Benefit Bonds Innovative Financing Act - Amends the Internal Revenue Code to provide for the tax treatment of distributions from qualified retirement plans investing in public benefit bonds.

Public Benefit Bonds Innovative Financing Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Abandoned Mine Land Reclamation Reform Act of 2004''. SEC. 2. ABANDONED MINE RECLAMATION FUND. (a) In General.--Section 401(c) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231(c)) is amended-- (1) by striking paragraphs (2) and (6); and (2) by redesignating paragraphs (3) through (5) and (7) through (13) as paragraphs (2) through (11), respectively. (b) Conforming Amendment.--Section 712(b) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1302(b)) is amended by striking ``section 401(c)(11)'' and inserting ``section 401(c)(9)''. SEC. 3. RECLAMATION FEE. Section 402 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232) is amended-- (1) in subsection (a)-- (A) by striking ``35'' and inserting ``25''; (B) by striking ``15'' and inserting ``12''; and (C) by striking ``10 cents'' and inserting ``8 cents''; (2) in subsection (b), by striking ``2004,'' and all that follows through the end and inserting ``2014.''; and (3) in subsection (g)-- (A) in paragraph (1)(D), by striking ``in any area under paragraph (2), (3), (4), or (5)'' and inserting ``under paragraph (5)''; (B) by striking paragraph (2) and inserting the following: ``(2) In making grants under paragraph (1)(C) and (5), the Secretary shall ensure that States and Indian tribes comply strictly with the priorities specified in section 403(a) until a certification is made under section 411(a).''; (C) in paragraph (3)-- (i) in the matter preceding subparagraph (A), by striking ``paragraphs (2) and'' and inserting ``paragraph''; (ii) in subparagraph (A), by striking ``401(c)(11)'' and inserting ``401(c)(9)''; and (iii) by adding at the end the following: ``(E) For the purpose of paragraph (8).''; (D) in paragraph (5)-- (i) in the first sentence, by striking ``The Secretary shall allocate 40'' and inserting ``(A) The Secretary shall allocate 60''; (ii) in the last sentence, by striking ``Funds allocated or expended by the Secretary under paragraphs (2), (3), or (4) of this subsection'' and inserting ``Funds made available under paragraph (3) or (4)''; and (iii) by adding at the end the following: ``(B) Any amount that is reallocated and available under section 411(h)(3) shall be in addition to amounts that are allocated under subparagraph (A).''; and (E) by striking paragraphs (6), (7), and (8) and inserting the following: ``(6)(A) In this paragraph, the term `qualified hydrologic unit' means a hydrologic unit-- ``(i) in which the water quality has been significantly affected by acid mine drainage from coal mining practices in a manner that adversely affects biological resources; and ``(ii) that contains land and water that is-- ``(I) eligible under section 404 and appropriate for the expenditure of moneys from the fund for the purposes specified in section 403(a); and ``(II) the subject of expenditures by the State from the forfeiture of a bond filed under section 509 or from any other State source to abate and treat acid mine drainage. ``(B) Any State with an approved abandoned mine reclamation program under section 405 may receive and retain, without regard to the 3-year limitation referred to in paragraph (1)(D), up to 10 percent of the total amount of the grants made annually to the State under paragraphs (1) and (5) if-- ``(i) the amount retained is deposited in an acid mine drainage abatement and treatment fund established under State law; and ``(ii) the amount deposited under clause (i) (together with all interest earned on the amount) is expended by the State for the abatement of the causes and the treatment of the effects of acid mine drainage in a comprehensive manner within qualified hydrologic units affected by coal mining practices. ``(7) In complying with the priorities specified in section 403(a), any State or Indian tribe may expend amounts available in grants made annually to the State or tribe under paragraphs (1) and (5) for projects for the purpose specified in section 403(a)(3) prior to the completion of reclamation projects under paragraphs (1) and (2) of section 403(a) only if the expenditure is made in conjunction with the expenditure of funds for reclamation projects under paragraphs (1) and (2) of section 403(a). ``(8) In making grants referred to in paragraph (1)(C), the Secretary, using amounts allocated to a State or Indian tribe under subparagraph (A) or (B) of paragraph (1), or as necessary amounts available to the Secretary under paragraph (3), shall ensure that total grant awards of not less than $2,000,000 are made annually to each State, including Tennessee, and each Indian tribe.''. SEC. 4. OBJECTIVES OF FUND. Section 403 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``general welfare,''; (B) in paragraph (2)-- (i) by striking ``health, safety, and general welfare'' and inserting ``health and safety''; and (ii) by inserting ``and'' after the semicolon at the end; and (C) by striking paragraphs (4) and (5); (2) in subsection (b)-- (A) by striking the subsection heading and inserting ``Water Supply Restoration.--''; and (B) in paragraph (1), by striking ``up to 30 percent of the''; and (3) in the second sentence of subsection (c), by inserting ``, subject to the approval of the Secretary,'' after ``amendments''. SEC. 5. RECLAMATION OF RURAL LAND. Section 406 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1236) is amended-- (1) in subsection (h), by striking ``Soil Conservation Service'' and inserting ``Natural Resources Conservation Service''; and (2) by adding at the end the following: ``(i) There are authorized to be appropriated to the Secretary of Agriculture, from amounts in the Treasury other than amounts in the fund, such sums as are necessary to carry out this section.''. SEC. 6. LIENS. Section 408(a) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1238) is amended in the last sentence by striking ``who owned the surface prior to May 2, 1977, and''. SEC. 7. CERTIFICATION. Section 411 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a) is amended by adding at the end the following: ``(h) State Share for Certified States and Indian Tribes.-- ``(1) Definitions.--In this subsection: ``(A) Qualified state or Indian tribe.--The term `qualified State or Indian tribe' means a State or Indian tribe-- ``(i) for which a certification is made under subsection (a); and ``(ii) in which there is public domain land available for leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.). ``(B) Non-qualified state or indian tribe.--The term `non-qualified State or Indian tribe' means a State or Indian tribe-- ``(i) for which certification is made under subsection (a); and ``(ii) in which there is no public domain land available for leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.). ``(2) Payments to qualified states and indian tribes.--From amounts referred to in section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)) that are paid into the Treasury after the date of the enactment of this subsection and that are not paid to States under section 35 of that Act or reserved as part of the reclamation fund under that section, the Secretary of the Interior shall pay to each qualified State and Indian tribe, on a proportional basis, an amount equal to the sum of the aggregate unappropriated amount allocated to the qualified State and Indian tribe under section 402(g)(1)(A). ``(3) Payments to non-qualified states and indian tribes.-- ``(A) In general.--Not later than December 31, 2004, in addition to any other funds provided under this Act, the Secretary of the Interior shall use amounts described in section 8(a) of the Abandoned Mine Land Reclamation Reform Act of 2004 to pay an amount to any non-qualified State or Indian tribe. ``(B) Proportional amount.--The payment to a non- qualified State or Indian tribe under subparagraph (A) shall be-- ``(i) proportional to the sum of the aggregate unappropriated amount allocated to the State or Indian tribe under section 402(g)(1)(B); and ``(ii) in lieu of payment of the aggregate allocated amount. ``(C) Total amount.--The total amount of payments made under this paragraph shall not exceed $65,000,000. ``(4) Administration.--Payments to States and Indian tribes under this subsection shall be made, without regard to any limitation in section 401(d), in the same manner as if the payments were made under, and concurrently with payments under, section 35 of the Mineral Leasing Act (30 U.S.C. 191). ``(5) Reallocation.--The amount allocated to any State or Indian tribe under section 402(g)(1)(A) that is paid to the qualified State or Indian tribe as a result of a payment under paragraph (2) shall be reallocated and available for grants under section 402(g)(5).''. SEC. 8. IMPLEMENTATION. (a) Transition Rules.-- (1) Availability of allocated amounts.--Amounts allocated under section 402(g)(2) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232(g)(2)) (excluding interest) before the date of enactment of this Act for the program under section 406 of that Act (30 U.S.C. 1236), but not appropriated before that date, shall be available for fiscal year 2005 and thereafter for the transfers referred to in paragraphs (2) and (3) of section 411(h) of that Act (30 U.S.C. 1240a(h)) (as amended by section 7), in the same manner as are other amounts available for the transfers. (2) Interest.--Notwithstanding any other provision of law, interest credited to the fund established by section 401 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) that are not transferred to the Combined Benefit Fund referred to in section 402(h) of that Act (30 U.S.C. 1232(h)), before the date of enactment of this Act shall be available for fiscal year 2006 and thereafter for the transfers referred to in paragraphs (2) and (3) of section 402(h) of that Act (30 U.S.C. 1232(h)), in the same manner as are other amounts available for the transfers. (b) Inventory.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall complete a review of all additions made, pursuant to amendments offered by States and Indians tribes after December 31, 1998, to the inventory referred to in section 403(c) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1233(c)) to ensure that the additions-- (A) reflect eligible land and water under section 404 of that Act (30 U.S.C. 1234) that meet the priorities specified in paragraphs (1) and (2) of section 403(a) of that Act (30 U.S.C. 1233(a)); and (B) are correctly identified pursuant to the priorities. (2) Removal from inventory.--Any land or water that was included in the inventory pursuant to the general welfare standard specified in section 403(a) of that Act (30 U.S.C. 1233(a)) before the date of enactment of this Act that is determined in the review to no longer meet the criteria specified in paragraphs (1) and (2) of section 403(a) of that Act (as amended by section 4(1)), shall be removed from the inventory. (c) Clarification.--Section 528(2) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1278(2)) is amended by inserting after ``government-financed'' the following: ``(not including financing with funds made available under title IV)''. (d) Remining.-- (1) Extension of authority.--Section 510(e) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1260(e)) is amended in the last sentence by striking ``2004'' and inserting ``2014''. (2) Savings clause.--Except as provided in paragraph (1), nothing in this section modifies any provision of law relating to the remining of coal.

Abandoned Mine Land Reclamation Reform Act of 2004 - Amends the Surface Mining Control and Reclamation Act of 1977 to repeal the authorization that certain moneys in the Abandoned Mine Reclamation Fund may be used: (1) by the Secretary of Agriculture for reclamation of rural lands; and (2) by the Department of the Interior for studies by contract with organizations for advice and research and development projects technical assistance. Reduces the reclamation fee required to be paid by operators of coal mining operations. Revises Fund allocation requirements with respect to reclamation fees. Repeals Fund objectives concerning: (1) protection , construction, or enhancement of public facilities such as utilities, roads, recreation and conservation facilities adversely affected by coal mining practices; and (2) the development of publicly owned land adversely affected by coal mining practices including land acquired as provided in this subchapter for recreation and historic purposes, conservation, and reclamation purposes and open space benefits. States that no lien shall be filed against any person who neither consented to, nor participated in nor exercised control over, the mining operation which necessitated reclamation. Repeals the limitation of such prohibition to persons who owned the surface before May 2, 1977. Expands certification guidelines to prescribe payments to: (1) qualified States and Indian tribes; and (2) non-qualified States and Indian tribes.

A bill to amend the Surface Mining Control and Reclamation Act of 1977 to improve the reclamation of abandoned mines.

SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Marriage Penalty and Family Tax Relief Act of 2001''. (b) Section 15 Not To Apply.--No amendment made by this Act shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. SEC. 2. ELIMINATION OF MARRIAGE PENALTY IN STANDARD DEDUCTION. (a) In General.--Paragraph (2) of section 63(c) of the Internal Revenue Code of 1986 (relating to standard deduction) is amended-- (1) by striking ``$5,000'' in subparagraph (A) and inserting ``200 percent of the dollar amount in effect under subparagraph (C) for the taxable year''; (2) by adding ``or'' at the end of subparagraph (B); (3) by striking ``in the case of'' and all that follows in subparagraph (C) and inserting ``in any other case.''; and (4) by striking subparagraph (D). (b) Technical Amendments.-- (1) Subparagraph (B) of section 1(f)(6) of such Code is amended by striking ``(other than with'' and all that follows through ``shall be applied'' and inserting ``(other than with respect to sections 63(c)(4) and 151(d)(4)(A)) shall be applied''. (2) Paragraph (4) of section 63(c) of such Code is amended by adding at the end the following flush sentence: ``The preceding sentence shall not apply to the amount referred to in paragraph (2)(A).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 3. PHASEOUT OF MARRIAGE PENALTY IN 15-PERCENT BRACKET. (a) In General.--Subsection (f) of section 1 of the Internal Revenue Code of 1986 (relating to adjustments in tax tables so that inflation will not result in tax increases) is amended by adding at the end the following new paragraph: ``(8) Phaseout of marriage penalty in 15-percent bracket.-- ``(A) In general.--With respect to taxable years beginning after December 31, 2003, in prescribing the tables under paragraph (1)-- ``(i) the maximum taxable income in the lowest rate bracket in the table contained in subsection (a) (and the minimum taxable income in the next higher taxable income bracket in such table) shall be the applicable percentage of the maximum taxable income in the lowest rate bracket in the table contained in subsection (c) (after any other adjustment under this subsection), and ``(ii) the comparable taxable income amounts in the table contained in subsection (d) shall be \1/2\ of the amounts determined under clause (i). ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: ``For taxable years beginning The applicable in calendar year-- percentage is-- 2004................................... 172 2005................................... 178 2006................................... 183 2007................................... 189 2008................................... 195 2009 and thereafter.................... 200. ``(C) Rounding.--If any amount determined under subparagraph (A)(i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.''. (b) Repeal of Reduction of Refundable Tax Credits.-- (1) Subsection (d) of section 24 of such Code is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (2) Section 32 of such Code is amended by striking subsection (h). (c) Increase in Alternative Minimum Tax Exemption Amount for Joint Returns.-- (1) In general.--Subsection (d) of section 55 of such Code is amended by adding at the end the following new paragraph: ``(4) Adjustment of exemption amount for joint returns.-- ``(A) In general.--The dollar amount applicable under paragraph (1)(A) for 2008 and each even-numbered calendar year thereafter-- ``(i) shall be $500 greater than the dollar amount applicable under paragraph (1)(A) for the prior even-numbered calendar year, and ``(ii) shall apply to taxable years beginning in such even-numbered calendar year and in the succeeding calendar year. In no event shall the dollar amount applicable under paragraph (1)(A) exceed twice the dollar amount applicable under paragraph (1)(B). ``(B) Exemption amounts for 2005, 2006, and 2007.-- The dollar amount applicable under paragraph (1)(A) shall be-- ``(i) $46,000 for taxable years beginning in 2005, and ``(ii) $46,500 for taxable years beginning in 2006 or 2007.''. (2) Conforming amendments.-- (A) Paragraph (1) of section 55(d) of such Code is amended by striking ``and'' at the end of subparagraph (B), by striking subparagraph (C), and by inserting after subparagraph (B) the following new subparagraphs: ``(C) 50 percent of the dollar amount applicable under paragraph (1)(A) in the case of a married individual who files a separate return, and ``(D) $22,500 in the case of an estate or trust.''. (B) Subparagraph (C) of section 55(d)(3) of such Code is amended by striking ``paragraph (1)(C)'' and inserting ``subparagraph (C) or (D) of paragraph (1)''. (C) The last sentence of section 55(d)(3) of such Code is amended-- (i) by striking ``paragraph (1)(C)(i)'' and inserting ``paragraph (1)(C)''; and (ii) by striking ``$165,000 or (ii) $22,500'' and inserting ``the minimum amount of such income (as so determined) for which the exemption amount under paragraph (1)(C) is zero, or (ii) such exemption amount (determined without regard to this paragraph)''. (d) Technical Amendments.-- (1) Subparagraph (A) of section 1(f)(2) of such Code is amended by inserting ``except as provided in paragraph (8),'' before ``by increasing''. (2) The heading for subsection (f) of section 1 of such Code is amended by inserting ``Phaseout of Marriage Penalty in 15-Percent Bracket;'' before ``Adjustments''. (e) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 2003. (2) Subsection (b).--The amendments made by subsection (b) shall apply to taxable years beginning after December 31, 2001. (3) Subsection (c).--The amendments made by subsection (c) shall apply to taxable years beginning after December 31, 2004. SEC. 4. MARRIAGE PENALTY RELIEF FOR EARNED INCOME CREDIT; EARNED INCOME TO INCLUDE ONLY AMOUNTS INCLUDIBLE IN GROSS INCOME. (a) In General.--Paragraph (2) of section 32(b) of the Internal Revenue Code of 1986 (relating to percentages and amounts) is amended-- (1) by striking ``Amounts.--The earned'' and inserting ``Amounts.-- ``(A) In general.--Subject to subparagraph (B), the earned''; and (2) by adding at the end the following new subparagraph: ``(B) Joint returns.--In the case of a joint return, the earned income amount determined under subparagraph (A) shall be 110 percent of the otherwise applicable amount. If any amount determined under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10.''. (b) Earned Income To Include Only Amounts Includible in Gross Income.--Clause (i) of section 32(c)(2)(A) of such Code (defining earned income) is amended by inserting ``, but only if such amounts are includible in gross income for the taxable year'' after ``other employee compensation''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 5. MODIFICATIONS TO CHILD TAX CREDIT. (a) Increase in Per Child Amount.--Subsection (a) of section 24 of the Internal Revenue Code of 1986 (relating to child tax credit) is amended to read as follows: ``(a) Allowance of Credit.-- ``(1) In general.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year with respect to each qualifying child of the taxpayer an amount equal to the per child amount. ``(2) Per child amount.--For purposes of paragraph (1), the per child amount shall be determined as follows: ``In the case of any taxable year The per child amount is-- beginning in-- 2001 and 2002................................. $ 600 2003.......................................... 700 2004.......................................... 800 2005.......................................... 900 2006 or thereafter............................ 1,000.''. (b) Credit Allowed Against Alternative Minimum Tax.-- (1) In general.--Subsection (b) of section 24 of such Code is amended by adding at the end the following new paragraph: ``(3) Limitation based on amount of tax.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this subpart (other than this section) and section 27 for the taxable year.''. (2) Conforming amendments.-- (A) The heading for section 24(b) of such Code is amended to read as follows: ``Limitations.--''. (B) The heading for section 24(b)(1) of such Code is amended to read as follows: ``Limitation based on adjusted gross income.--''. (C) Section 24(d) of such Code is amended-- (i) by striking ``section 26(a)'' each place it appears and inserting ``subsection (b)(3)'', and (ii) in paragraph (1)(B) by striking ``aggregate amount of credits allowed by this subpart'' and inserting ``amount of credit allowed by this section''. (D) Paragraph (1) of section 26(a) of such Code is amended by inserting ``(other than section 24)'' after ``this subpart''. (E) Subsection (c) of section 23 of such Code is amended by striking ``and section 1400C'' and inserting ``and sections 24 and 1400C''. (F) Subparagraph (C) of section 25(e)(1) of such Code is amended by inserting ``, 24,'' after ``sections 23''. (G) Section 904(h) of such Code is amended by inserting ``(other than section 24)'' after ``chapter''. (H) Subsection (d) of section 1400C of such Code is amended by inserting ``and section 24'' after ``this section''. (c) Additional Credit for Families With 3 or More Children Available to All Families.--Subsection (d) of section 24 of such Code is amended-- (1) in paragraph (1) by striking ``In the case of a taxpayer with three or more qualifying children for any taxable year, the'' and inserting ``The'', and (2) in the subsection heading by striking ``With 3 or More Children'' and inserting ``Paying Social Security Taxes''. (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2000. (2) Subsection (b).--The amendments made by subsection (b) shall apply to taxable years beginning after December 31, 2001. SEC. 6. PROTECTION OF SOCIAL SECURITY AND MEDICARE. The amounts transferred to any trust fund under the Social Security Act shall be determined as if this Act had not been enacted. Passed the House of Representatives March 29, 2001. Attest: JEFF TRANDAHL, Clerk.

Marriage Penalty and Family Tax Relief Act of 2001 - Amends the Internal Revenue Code to provide that the basic standard deduction on a joint return shall be equal to 200 percent of the dollar amount of an individual who is not married.(Sec. 3) Provides a six-year schedule for making, by 2009, the maximum taxable income in the lowest married bracket equal to double the maximum taxable income in the lowest single filer bracket.Repeals provisions providing for: (1) the reduction in the additional child tax credit for families with three or more children for taxpayers subject to the alternative minimum tax; and (2) the reduction in the earned income credit for taxpayers subject to the alternative minimum tax.Provides, starting in 2008, for increasing the alternative minimum tax exemption amount on joint returns.(Sec. 4) Provides for increases in the earned income credit phaseout amount on a joint return equal to 110 percent of the otherwise applicable amount.Includes in the definition of the term "earned income," for purposes of the earned income credit, only amounts included in gross income.(Sec 5) Provides a schedule for increasing the child tax credit to $1,000 by 2006.Prohibits the child tax credit from exceeding the excess of: (1) the sum of the regular tax liability plus the alternative minimum tax; over (2) the sum of the nonrefundable personal credits (other than the child tax credit) and the foreign tax credit and Puerto Rico and possession tax credit.Extends the availability of the additional credit for families with three or more children to families with fewer than three children.(Sec. 6) States that the amounts transferred to any Social Security Act trust fund shall be determined as if this Act had not been enacted.

To amend the Internal Revenue Code of 1986 to reduce the marriage penalty by providing for adjustments to the standard deduction, the 15-percent rate bracket, and the earned income credit, to increase the child credit and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Consumer Information Act of 2003''. SEC. 2. PHARMACY BENEFIT MANAGERS TRANSPARENCY REQUIREMENTS. (a) Amendments to the Public Health Service Act Relating to the Group Market.-- (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. PHARMACY BENEFIT MANAGERS TRANSPARENCY REQUIREMENTS. ``Notwithstanding any other provision of law, a group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall not enter into a contract with any pharmacy benefit manager (in this section referred to as a `PBM') to manage the prescription drug coverage provided under such plan or insurance coverage, or to control the costs of such prescription drug coverage, unless the PBM satisfies the following requirements: ``(1) The PBM is not owned by a pharmaceutical manufacturing company. ``(2) The PBM agrees to pass along any cost savings negotiated with a pharmacy to the group health plan or the health insurance issuer. ``(3) The PBM agrees to make public on an annual basis the percent of manufacturer's rebates received by the PBM that is passed back to the group health plan or the health insurance issuer on a drug-by-drug basis. ``(4) The PBM agrees to provide, at least annually, the group health plan or the health insurance issuer with all financial and utilization information requested by the plan or issuer relating to the provision of benefits to eligible enrollees through the PBM and all financial and utilization information relating to services provided to the plan or issuer. A PBM providing information under this paragraph may designate that information as confidential. Information designated as confidential by a PBM and provided to a plan or issuer under this paragraph may not be disclosed to any person without the consent of the PBM. ``(5) The PBM agrees to provide, at least annually, the group health plan or the health insurance issuer with all financial terms and arrangements for remuneration of any kind that apply between the PBM and any prescription drug manufacturer or labeler, including formulary management and drug-switch programs, educational support, claims processing and pharmacy network fees that are charged from retail pharmacies and data sales fees.''. (2) Effective date.--The amendment made by this subsection shall apply to group health plans and health insurance issuers in connection with group health plans for plan years beginning on or after the date of enactment of this Act. (b) Amendment to the Public Health Service Act Relating to the Individual Market.-- (1) In general.--The first subpart 3 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-51 et seq.) is amended-- (A) by redesignating such subpart as subpart 2; and (B) by adding at the end the following: ``SEC. 2753. PHARMACY BENEFIT MANAGERS TRANSPARENCY REQUIREMENTS. ``The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to a group health plan and a health insurance issuer providing health insurance coverage under that section.''. (2) Effective date.--The amendment made by paragraph (1)(B) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after the date of enactment of this Act. (c) 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: ``SEC. 714. PHARMACY BENEFIT MANAGERS TRANSPARENCY REQUIREMENTS. ``The provisions of section 2707 of the Public Health Service Act shall apply to a group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, in the same manner as such provisions apply to a group health plan and a health insurance issuer providing health insurance coverage under that section.''. (2) Clerical amendment.--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: ``Sec. 714. Pharmacy benefit managers transparency requirements.''. (3) Effective date.--The amendments made by this subsection shall apply with respect to plan years beginning on or after the date of enactment of this Act. SEC. 3. DISCLOSURE OF RETAIL PRICES OF PHARMACEUTICALS. The Secretary of Health and Human Services shall promulgate regulations requiring a pharmacy to disclose the retail cost of a prescription drug upon request by a consumer.

Prescription Drug Consumer Information Act of 2003 - Amends the Public Health Service Act with regard to certain contracts involving pharmacy benefit managers (PBM's). Sets forth certain requirements a PBM must meet for a group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan (health insurance issuer), to enter into a contract with the PBM to manage the prescription drug coverage provided under such plan or coverage or to control the costs of such prescription drug coverage. Includes among such requirements that the PBM not be owned by a pharmaceutical manufacturing company and that the PBM shall agree to pass along any cost savings negotiated with a pharmacy to the group health plan or the health insurance issuer.Amends the Act to apply the provisions of this Act regarding contracts with a PBM to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to a group health plan and a health insurance issuer providing health insurance coverage.Amends the Employee Retirement Income Security Act of 1974 to apply the provisions of this Act regarding contracts with a PBM to a group health plan and a health insurance issuer in the same manner as such provisions apply to a group health plan and a health insurance issuer providing health insurance coverage.Directs the Secretary of Health and Human Services to promulgate regulations requiring a pharmacy to disclose the retail cost of a prescription drug upon request by a consumer.

A bill to prohibit a health plan from contracting with a pharmacy benefit manager (PBM) unless the PBM satisfies certain requirements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Fuel Storage Improvement Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Nuclear Regulatory Commission. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. INCENTIVES FOR SITING OF TEMPORARY USED FUEL STORAGE FACILITIES. (a) Definitions.--In this section: (1) Agreement.--The term ``agreement'' means a temporary used fuel storage facility agreement entered into under subsection (e). (2) First used fuel receipt.--The term ``first used fuel receipt'' means the receipt of used fuel by a temporary used fuel storage facility at a site within the jurisdiction of a unit of local government that is a party to an agreement. (3) Nuclear waste fund.--The term ``Nuclear Waste Fund'' means the Nuclear Waste Fund established under section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222). (4) Unit of local government.--The term ``unit of local government'' means any borough, city, county, parish, town, township, village, or other general purpose political subdivision of a State, or association of 2 or more political subdivisions of a State. (5) Used fuel.--The term ``used fuel'' means nuclear fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing. (b) Authorization.--The Secretary shall offer to enter into temporary used fuel storage facility agreements in accordance with this section. (c) Notice From Units of Local Government to Secretary.--Not later than January 1, 2013, representatives of a unit of local government, with the written approval of the Governor of the State in which the jurisdiction of the local government is located, may submit to the Secretary written notice that the unit of local government is willing to have a privately owned and operated temporary used fuel storage facility located at an identified site within the jurisdiction of the unit of local government. (d) Preliminary Compensation.-- (1) In general.--The Secretary shall make payments of $1,000,000 each year to not more than 3 units of local government that have submitted notices under subsection (c). (2) Multiple notices.--If more than 3 notices are received under subsection (c), the Secretary shall make payments to the first 3 units of local government, based on the order in which the notices are received. (3) Timing.--The payments shall be made annually for a 3- year period, on the anniversary date of the filing of the notice under subsection (c). (e) Agreement.-- (1) In general.--On the docketing of an application for a license for a temporary used fuel storage facility, in accordance with part 72 of title 10, Code of Federal Regulations, at a site within the jurisdiction of a unit of local government by the Commission, the Secretary shall offer to enter into a temporary used fuel storage facility economic impact agreement with the unit of local government. (2) Terms and conditions.--An agreement between the Secretary and a unit of local government under this subsection shall contain such terms and conditions (including such financial and institutional arrangements) as the Secretary and the unit of local government determine to be reasonable and appropriate. (3) Amendment.--An agreement may be-- (A) amended only with the mutual consent of the parties to the agreement; and (B) terminated only in accordance with paragraph (4). (4) Termination.--The Secretary shall terminate an agreement if the Secretary determines that any major element of the temporary used fuel storage facility required under the agreement will not be completed. (5) Number of agreements.--Not more than 2 agreements may be in effect at any time. (6) Payment schedule.-- (A) In general.--If the Secretary enters into an agreement under this subsection, the Secretary shall make to the unit of local government and the State in which the unit of local government is located-- (i) payments of-- (I) on the date of entering into the agreement under this subsection, $6,000,000; (II) during the period beginning on the date of entering into an agreement and ending on the date of first used fuel receipt or denial of the license application for a temporary used fuel storage facility by the Commission, whichever is later, $10,000,000 for each year; and (III) during the period beginning on the date of first used fuel receipt and ending on the date of closure of the facility, a total of the higher of-- (aa) $15,000,000 for each year; or (bb) $15,000 per metric ton of used fuel received at the facility for each year, up to a maximum of $25,000,000 for each year; and (ii) a payment of $20,000,000 on closure of the facility. (B) Timing of annual payments.--The Secretary shall make annual payments under subparagraph (A)(i)-- (i) in the case of annual payments described in subparagraph (A)(i)(II), on the anniversary of the date of the docketing of the license application by the Commission; and (ii) in the case of annual payments described in subparagraph (A)(i)(III), on the date of the first used fuel receipt and thereafter on the anniversary date of the first used fuel receipt, in lieu of annual payments described in subparagraph (A)(i)(II). (C) Termination of authority.--Subject to subparagraph (A)(ii), the authority to make payments under this paragraph terminates on the date of closure of the facility. (f) Funding.--Funding for compensation and payments provided for, and made under, this section shall be made available from amounts available in the Nuclear Waste Fund. SEC. 4. ACCEPTANCE, STORAGE, AND SETTLEMENT OF CLAIMS. (a) In General.--The Secretary shall offer to enter into a long- term contract for the storage of used fuel from civilian nuclear power plants with a private entity that owns or operates an independent used fuel storage facility licensed by the Commission that is located within the jurisdiction of a unit of local government to which payments are made pursuant to section 3(e). (b) Settlement and Acceptance of Used Fuel.-- (1) In general.--At the request of a party to a contract under section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)), the Secretary may enter into an agreement for the settlement of all claims against the Secretary under a contract for failure to dispose of high-level radioactive waste or used nuclear fuel not later than January 31, 1998. (2) Terms and conditions.--A settlement agreement described in paragraph (1)-- (A) shall contain such terms and conditions (including such financial and institutional arrangements) as the Secretary and the party to the contract determine to be reasonable and appropriate; and (B) may include the acceptance of used fuel from the party to the contract for storage at a facility with respect to which the Secretary has a long-term contract under subsection (a). (c) Priority for Acceptance for Closed Facilities.-- (1) In general.--If a request for fuel acceptance is made under this section by a facility that has produced used nuclear fuel and that is shut down permanently and the facility has been decommissioned, the Secretary shall provide priority for the acceptance of the fuel produced by the facility. (2) Schedule.--Spent nuclear fuel and high-level radioactive waste generated by a facility in existence as of the date of enactment of this Act shall be offered a schedule in accordance with the priority established pursuant to Article IV.b.5 of the contract entitled ``Contract for Disposal of Spent Nuclear Fuel and/or High-Level Radioactive Waste'', as specified in section 961.11 of title 10, Code of Federal Regulations. (d) Transportation of Used Fuel.-- (1) In general.--The Secretary shall provide for the transportation of used fuel accepted by the Secretary under this section. (2) Systems and components.-- (A) In general.--The Secretary shall procure all systems and components necessary to transport used fuel from facilities designated by contract holders to 1 or more storage facilities under this section. (B) Casks.--The Secretary shall-- (i) use transportation and storage casks that are approved by the Commission in use at facilities designated by contract holders; and (ii) compensate the owner and operator of each facility for the use of the casks.

Nuclear Fuel Storage Improvement Act of 2011 - Directs the Secretary of Energy (DOE) to offer to enter into temporary used fuel storage facility agreements in accordance with this Act. Sets a deadline by which a local governmental unit may, with the approval of the state governor, notify the Secretary that it is willing to have a privately owned and operated temporary used fuel storage facility located within its jurisdiction. Requires the Secretary to pay $1 million per year to up to three such governmental units. Makes funding available from the Nuclear Waste Fund for compensation and payments. Directs the Secretary to offer to enter into a long-term contract for the storage of used fuel from civilian nuclear power plants with a private owner or operator of an independent used fuel storage facility licensed by the Nuclear Regulatory Commission (NRC). Authorizes the Secretary, upon request of a contract signatory, to enter into an agreement for a settlement of all claims against the Secretary for failure to dispose of high-level radioactive waste or used nuclear fuel by January 31, 1998. Directs the Secretary to grant priority for the acceptance of fuel produced by a facility that has produced used nuclear fuel, been decommissioned, and shut down permanently. Requires the Secretary to: (1) provide for the transportation of accepted used fuel, and (2) use NRC-approved transportation and storage casks.

A bill to require the Secretary of Energy to offer to enter into temporary used fuel storage facility agreements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Migratory Bird Treaty Reform Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The Migratory Bird Treaty Act was enacted in 1918 to implement the 1916 Convention for the Protection of Migratory Birds between the United States and Great Britain (for Canada). The Act was later amended to reflect similar agreements with Mexico, Japan, and the former Soviet Union. (2) Pursuant to the Migratory Bird Treaty Act, the Secretary of the Interior is authorized to promulgate regulations specifying when, how, and whether migratory birds may be hunted. (3) Contained within these regulations are prohibitions on certain methods of hunting migratory game birds to better manage and conserve this resource. These prohibitions, many of which were recommended by sportsmen, have been in place for over 60 years and have received broad acceptance among the hunting community with one principal exception relating to the application and interpretation of the prohibitions on the hunting of migratory game birds by the aid of baiting, or on or over any baited area. (4) The prohibitions regarding the hunting of migratory game birds by the aid of bait, or on or over bait, have been fraught with interpretive difficulties on the part of law enforcement, the hunting community, and courts of law. Hunters who desire to comply with applicable regulations have been subject to citation for violations of the regulations due to the lack of clarity, inconsistent interpretations, and enforcement. The baiting regulations have been the subject of multiple congressional hearings and a law enforcement advisory commission. (5) Restrictions on the hunting of migratory game birds by the aid of baiting, or on or over any baited area, must be clarified in a manner that recognizes the national and international importance of protecting the migratory bird resource while ensuring consistency and appropriate enforcement including the principles of ``fair chase''. SEC. 3. CLARIFYING HUNTING PROHIBITIONS. Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is amended-- (1) by inserting ``(a)'' after ``Sec. 3.''; and (2) by adding at the end the following: ``(b)(1) No person shall-- ``(A) take any migratory game bird by the aid of baiting, or on or over any baited area, where the person knows or reasonably should have known that the area is a baited area; or ``(B) place or direct the placement of bait on or adjacent to an area for the purpose of causing, inducing, or allowing any person to take or attempt to take any migratory game bird by the aid of baiting or on or over the baited area. ``(2) Nothing in this subsection prohibits any of the following: ``(A) The taking of any migratory game bird, including waterfowl, from a blind or other place of concealment camouflaged with natural vegetation. ``(B) The taking of any migratory game bird, including waterfowl, on or over-- ``(i) standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown; or ``(ii) grains, agricultural seeds, or other feed scattered solely as a result of-- ``(I) accepted soil stabilization practices or accepted agricultural planting, harvesting, or manipulation after harvest; or ``(II) entering or exiting of areas by hunters or normal hunting activities such as decoy placement or bird retrieval, if reasonable care is used to minimize the scattering of grains, agricultural seeds, or other feed. ``(C) The taking of any migratory game bird, except waterfowl, on or over any lands where salt, grain, or other feed has been distributed or scattered as a result of-- ``(i) accepted soil stabilization practices; ``(ii) accepted agricultural operations or procedures; or ``(iii) the alteration for wildlife management purposes of a crop or other feed on the land where it was grown, other than distribution of grain or other feed after the grain or other feed is harvested or removed from the site where it was grown. ``(3) As used in this subsection: ``(A)(i) Except as otherwise provided in this Act, the term `baiting' means the intentional or unintentional placement of salt, grain, or other feed capable of attracting migratory game birds, in such a quantity and in such a manner as to serve as an attractant to such birds to, on, or over an area where hunters are attempting to take them, by-- ``(I) placing, exposing, depositing, distributing, or scattering salt, grain, or other feed grown off- site; ``(II) redistributing grain or other feed after it is harvested or removed from the site where grown; ``(III) altering agricultural crops, other than by accepted agricultural planting, harvesting, or manipulation after harvest, altering millet planted for nonagricultural purposes (planted millet), or altering other vegetation (as specified in migratory bird hunting regulations issued by the Secretary of the Interior) planted for nonagricultural purposes; or ``(IV) gathering, collecting, or concentrating natural vegetation, planted millet, or other vegetation (as specified in migratory bird hunting regulations issued by the Secretary of the Interior) planted for nonagricultural purposes, following alteration or harvest. ``(ii) The term `baiting' does not include-- ``(I) redistribution, alteration, or concentration of grain or other feed caused by flooding, whether natural or man induced; or ``(II) alteration of natural vegetation on the site where grown, other than alteration described in clause (i)(IV). ``(iii) With respect only to the taking of waterfowl, the term `baiting'-- ``(I) does not include, with respect to the first special September waterfowl hunting season locally in effect or any subsequent waterfowl hunting season, an alteration of planted millet or other vegetation (as specified in such regulations), other than an alteration described in clause (i)(IV), occurring before the 10-day period preceding the opening date (as published in the Federal Register) of that first special season; and ``(II) does not include, with respect to the first regular waterfowl hunting season locally in effect or any subsequent waterfowl hunting season, such an alteration occurring before the 10-day period preceding the opening date (as published in the Federal Register) of that first regular season. ``(B) The term `baited area' means any area that contains salt, grain, or other feed referred to in subparagraph (A)(i) that was placed in that area by baiting. Such an area shall remain a baited area for 10 days following complete removal of such salt, grain, or other feed. ``(C) The term `accepted agricultural planting, harvesting, and manipulation after harvest' means techniques of planting, harvesting, and manipulation after harvest that are-- ``(i) used by agricultural operators in the area for agricultural purposes; and ``(ii) approved by the State fish and wildlife agency after consultation with the Cooperative State Research, Education, and Extension Service, the Natural Resources Conservation Service, and the United States Fish and Wildlife Service. ``(D) The term `accepted agricultural operations or procedures' means techniques that are-- ``(i) used by agricultural operators in the area for agricultural purposes; and ``(ii) approved by the State fish and wildlife agency after consultation with the State Cooperative State Research, Education, and Extension Service, the State Office of the Natural Resources Conservation Service, and the United States Fish and Wildlife Service. ``(E) The term `accepted soil stabilization practices' means techniques that are-- ``(i) used in the area solely for soil stabilization purposes, including erosion control; and ``(ii) approved by the State fish and wildlife agency after consultation with the State Cooperative State Research, Education, and Extension Service, the State Office of the Natural Resources Conservation Service, and the United States Fish and Wildlife Service. ``(F) With respect only to planted millet or other vegetation (as designated in migratory bird hunting regulations issued by the Secretary of the Interior) planted for nonagricultural purposes, the term `planted'-- ``(i) subject to clause (ii), means sown with seeds that have been harvested; and ``(ii) does not include alteration of mature stands of planted millet or of such other vegetation planted for nonagricultural purposes. ``(G) The term `migratory game bird' means any migratory bird included in the term `migratory game birds' under part 20.11 of title 50, Code of Federal Regulations, as in effect October 3, 1997.''. SEC. 4. PENALTIES. Section 6(c) of the Migratory Bird Treaty Act (16 U.S.C. 707(c)) is amended as follows: (1) By striking ``All guns,'' and inserting ``(1) Except as provided in paragraph (2), all guns''. (2) By adding the following at the end: ``(2) In lieu of seizing any personal property not crucial to the prosecution of the alleged offense, the Secretary of the Interior shall permit the owner or operator of the personal property to post bond or other collateral pending the disposition of any proceeding under this Act.''.

Migratory Bird Treaty Reform Act - Amends the Migratory Bird Treaty Act to prohibit persons from: (1) taking migratory birds by the aid of baiting, or on or over any baited area, where they know or should have known that the area is a baited area; or (2) placing or directing the placement of bait on or adjacent to an area for purposes of causing, inducing, or allowing any person to take or attempt to take any migratory bird by the aid of baiting on or over the baited area. Defines "baiting" as the placement of salt, grain, or other feed capable of attracting migratory birds in such a quantity and in such a manner as to serve as an attractant to such birds to or over an area where hunters are attempting to take them by: (1) placing or distributing salt, grain, or other feed grown off-site; (2) redistributing grain or other feed after it is harvested or removed from the site where grown; (3) altering agricultural crops (other than by accepted agricultural planting, harvesting, or manipulation after harvest), altering millet planted for nonagricultural purposes, or altering other nonagricultural vegetation; or (4) gathering, collecting, or concentrating natural vegetation, planted millet, or other vegetation planted for nonagricultural purposes following alteration or harvest. Excludes from such definition: (1) redistribution, alteration, or concentration of grain or other feed caused by flooding, whether natural or man induced; or (2) alteration of natural vegetation on the site where grown other than alterations described above. Makes other exclusions from such definition with respect to certain alterations of planted millet or other vegetation during the waterfowl hunting season. Amends penalty provisions to require the Secretary of the Interior, in lieu of seizing any personal property not crucial to the prosecution of the alleged offense, to permit the owner or operator of such property to post bond or other collateral pending the disposition of any proceeding.

Migratory Bird Treaty Reform Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Non-Foreign Area Retirement Equity Assurance Act of 2008'' or the ``Non-Foreign AREA Act of 2008''. SEC. 2. EXTENSION OF LOCALITY PAY. (a) Locality-Based Comparability Payments.--Section 5304(f)(1) of title 5, United States Code, is amended by striking subparagraph (A) and inserting the following: ``(A) each General Schedule position in the United States, as defined under section 5921(4), and its territories and possessions, including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands shall be included within a pay locality; and''. (b) Allowances Based on Living Costs and Conditions of Environment.--Section 5941 of title 5, United States Code, is amended-- (1) in subsection (a), by adding after the last sentence ``Notwithstanding any preceding provision of this subsection, the cost-of-living allowance rate based on paragraph (1) of this subsection shall be the cost-of-living allowance rate in effect on December 31, 2008, except as adjusted under subsection (c).''; (2) by redesignating subsection (b) as subsection (d); and (3) by inserting after subsection (a) the following: ``(b) This section shall apply only to areas that are designated as cost-of-living allowance areas as in effect on December 31, 2008. ``(c)(1) The cost-of-living allowance rate payable under this section shall be adjusted on the first day of the first applicable pay period beginning on or after-- ``(A) January 1, 2009; and ``(B) on January 1 of each calendar year in which a locality-based comparability adjustment takes effect under section 4 (2) and (3) of the Non-Foreign Area Retirement Equity Assurance Act of 2008. ``(2)(A) In this paragraph, the term `applicable locality-based comparability pay percentage' means, with respect to calendar year 2009 and each calendar year thereafter, the applicable percentage under section 4 (1), (2), or (3) of Non-Foreign Area Retirement Equity Assurance Act of 2008. ``(B) Each adjusted cost-of-living allowance rate under paragraph (1) shall be computed by-- ``(i) subtracting 65 percent of the applicable locality- based comparability pay percentage from the cost-of-living allowance percentage rate in effect on December 31, 2008; and ``(ii) dividing the resulting percentage determined under clause (i) by the sum of-- ``(I) one; and ``(II) the applicable locality-based comparability payment percentage expressed as a numeral. ``(3) No allowance rate computed under paragraph (2) may be less than zero. ``(4) Each allowance rate computed under paragraph (2) shall be paid as a percentage of basic pay (including any applicable locality- based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law).''. SEC. 3. ADJUSTMENT OF SPECIAL RATES. (a) In General.--Each special rate of pay established under section 5305 of title 5, United States Code, and payable in an area designated as a cost-of-living allowance area under section 5941(a) of that title, shall be adjusted, on the dates prescribed by section 4 of this Act, in accordance with regulations prescribed by the Director of the Office of Personnel Management under section 9 of this Act. (b) Department of Veterans Affairs.--Each special rate of pay established under section 7455 of title 38, United States Code, and payable in a location designated as a cost-of-living allowance area under section 5941(a)(1) of title 5, United States Code, shall be adjusted in accordance with regulations prescribed by the Secretary of Veterans Affairs that are consistent with the regulations issued by the Director of the Office of Personnel Management under subsection (a). (c) Temporary Adjustment.--Regulations issued under subsection (a) or (b) may provide that statutory limitations on the amount of such special rates may be temporarily raised to a higher level during the transition period described in section 4 ending on the first day of the first pay period beginning on or after January 1, 2011, at which time any special rate of pay in excess of the applicable limitation shall be converted to a retained rate under section 5363 of title 5, United States Code. SEC. 4. TRANSITION SCHEDULE FOR LOCALITY-BASED COMPARABILITY PAYMENTS. Notwithstanding any other provision of this Act or section 5304 or 5304a of title 5, United States Code, in implementing the amendments made by this Act, for each non-foreign area determined under section 5941(b) of that title, the applicable rate for the locality-based comparability adjustment that is used in the computation required under section 5941(c) of that title shall be adjusted effective on the first day of the first pay period beginning on or after January 1-- (1) in calendar year 2009, by using \1/3\ of the locality pay percentage for the rest of United States locality pay area; (2) in calendar year 2010, by using \2/3\ of the otherwise applicable comparability payment approved by the President for each non-foreign area; and (3) in calendar year 2011 and each subsequent year, by using the full amount of the applicable comparability payment approved by the President for each non-foreign area. SEC. 5. SAVINGS PROVISION. (a) In General.--The application of this Act to any employee may not result in the amount of the decrease in the amount of pay attributable to special rate pay and the cost-of-living allowance as in effect on the date of enactment of this Act exceeding the amount of the increase in the locality-based comparability payments paid to that employee. (b) Sense of Congress.--It is the sense of Congress that the application of this Act to any employee should not result in a decrease in the take home pay of that employee. SEC. 6. APPLICATION TO OTHER ELIGIBLE EMPLOYEES. (a) In General.-- (1) Definition.--In this subsection, the term ``covered employee'' means-- (A) any employee who-- (i) on-- (I) the day before the date of enactment of this Act-- (aa) was eligible to be paid a cost-of-living allowance under 5941 of title 5, United States Code; and (bb) was not eligible to be paid locality-based comparability payments under 5304 or 5304a of that title; or (II) or after the date of enactment of this Act becomes eligible to be paid a cost-of-living allowance under 5941 of title 5, United States Code; and (ii) except as provided under paragraph (2), is not covered under-- (I) section 5941 of title 5, United States Code (as amended by section 2 of this Act); and (II) section 4 of this Act; or (B) any employee who-- (i) on the day before the date of enactment of this Act-- (I) was eligible to be paid an allowance under section 1603(b) of title 10, United States Code; (II) was eligible to be paid an allowance under section 1005(b) of title 39, United States Code; or (III) was employed by the Transportation Security Administration of the Department of Homeland Security and was eligible to be paid an allowance based on section 5941 of title 5, United States Code; or (ii) on or after the date of enactment of this Act-- (I) becomes eligible to be paid an allowance under section 1603(b) of title 10, United States Code; (II) becomes eligible to be paid an allowance under section 1005(b) of title 39, United States Code; or (III) is employed by the Transportation Security Administration of the Department of Homeland Security and becomes eligible to be paid an allowance based on section 5941 of title 5, United States Code. (2) Application to covered employees.-- (A) In general.--Notwithstanding any provision of title 5, United States Code, for purposes of this Act (including the amendments made by this Act) any covered employee shall be treated as an employee to whom section 5941 of title 5, United States Code (as amended by section 2 of this Act), and section 4 of this Act apply. (B) Pay fixed by statute.--Pay to covered employees under section 5304 or 5304a of title 5, United States Code, as a result of the application of this Act shall be considered to be fixed by statute. (C) Performance appraisal system.--With respect to a covered employee who is subject to a performance appraisal system no part of pay attributable to locality-based comparability payments as a result of the application of this Act including section 5941 of title 5, United States Code (as amended by section 2 of this Act), may be reduced on the basis of the performance of that employee. (b) Postal Service Employees in Nonforeign Areas.--Section 1005(b) of title 39, United States Code, is amended by inserting ``and the Non- Foreign Area Retirement Equity Assurance Act of 2008'' after ``Section 5941 of title 5''. SEC. 7. ELECTION OF ADDITIONAL BASIC PAY FOR ANNUITY COMPUTATION BY EMPLOYEES. (a) Definition.--In this section the term ``covered employee'' means any employee-- (1) to whom section 4 applies; (2) who is separated from service by reason of retirement under chapter 83 or 84 of title 5, United States Code, during the period of January 1, 2009, through December 31, 2011; and (3) who files and election with the Office of Personnel Management under subsection (b). (b) Election.-- (1) In general.--An employee described under subsection (a) (1) and (2) may file an election with the Office of Personnel Management to be covered under this section. (2) Deadline.--An election under this subsection may be filed not later than December 31, 2011. (c) Computation of Annuity.--For purposes of the computation of an annuity of a covered employee any cost-of-living allowance under section 5941 of title 5, United States Code, paid to that employee during the first applicable pay period beginning on or after January 1, 2009 through the first applicable pay period ending on or after December 31, 2011, shall be considered basic pay as defined under section 8331(3) or 8401(4) of that title. (d) Civil Service Retirement and Disability Retirement Fund.-- (1) Employee contributions.--A covered employee shall pay into the Civil Service Retirement and Disability Retirement Fund-- (A) an amount equal to the difference between-- (i) employee contributions that would have been deducted and withheld from pay under section 8334 or 8422 of title 5, United States Code, during the period described under subsection (c) of this section if that subsection had been in effect during that period; and (ii) employee contributions that were actually deducted and withheld from pay under section 8334 or 8422 of title 5, United States Code, during that period; and (B) interest as prescribed under section 8334(e) of title 5, United States Code, based on the amount determined under subparagraph (A). (2) Agency contributions.-- (A) In general.--The employing agency of a covered employee shall pay into the Civil Service Retirement and Disability Retirement Fund an amount for applicable agency contributions based on payments made under paragraph (1). (B) Source.--Amounts paid under this paragraph shall be contributed from the appropriation or fund used to pay the employee. (3) Regulations.--The Office of Personnel Management may prescribe regulations to carry out this section. SEC. 8. ELECTION OF COVERAGE BY EMPLOYEES. (a) In General.--Notwithstanding any other provision of this Act, an employee may make an irrevocable election in accordance with this section, if-- (1) that employee is paid an allowance under section 5491 of title 5, United States Code, during a pay period in which the date of the enactment of this Act occurs; or (2) that employee-- (A) is a covered employee as defined under section 6(a)(1); and (B) during a pay period in which the date of the enactment of this Act occurs is paid an allowance-- (i) under section 1603(b) of title 10, United States Code; (ii) under section 1005(b) of title 39, United States Code; or (iii) based on section 5941 of title 5, United States Code. (b) Filing Election.--Not later than 60 days after the date of enactment of this Act, an employee described under subsection (a) may file an election with the Office of Personnel Management to be treated for all purposes-- (1) in accordance with the provisions of this Act (including the amendments made by this Act); or (2) as if the provisions of this Act (including the amendments made by this Act) had not been enacted, except that the cost-of-living allowance rate paid to that employee shall be the cost-of-living allowance rate in effect on December 31, 2008, for that employee without any adjustment after that date. (c) Failure To File.--Failure to make a timely election under this section shall be treated in the same manner as an election made under subsection (b)(1) on the last day authorized under that subsection. (d) Notice.--To the greatest extent practicable, the Office of Personnel Management shall provide timely notice of the election which may be filed under this section to employees described under subsection (a). SEC. 9. REGULATIONS. (a) In General.--The Director of the Office of Personnel Management shall prescribe regulations to carry out this Act, including-- (1) rules for special rate employees described under section 3; (2) rules for adjusting rates of basic pay for employees in pay systems administered by the Office of Personnel Management when such employees are not entitled to locality-based comparability payments under section 5304 of title 5, United States Code, without regard to otherwise applicable statutory pay limitations during the transition period described in section 4 ending on the first day of the first pay period beginning on or after January 1, 2011; and (3) rules governing establishment and adjustment of saved or retained rates for any employee whose rate of pay exceeds applicable pay limitations on the first day of the first pay period beginning on or after January 1, 2011. (b) Other Pay Systems.--With the concurrence of the Director of the Office of Personnel Management, the administrator of a pay system not administered by the Office of Personnel Management shall prescribe regulations to carry out this Act with respect to employees in such pay system, consistent with the regulations issued by the Office under subsection (a). SEC. 10. EFFECTIVE DATES. (a) In General.--Except as provided by subsection (b), this Act (including the amendments made by this Act) shall take effect on the date of enactment of this Act. (b) Locality Pay and Schedule.--The amendments made by section 2 and the provisions of section 4 shall take effect on the first day of the first applicable pay period beginning on or after January 1, 2009.

Non-Foreign Area Retirement Equity Assurance Act of 2008 or the Non-Foreign AREA Act of 2008 - Revises federal employee locality-based comparability payments provisions to include U.S. territories and possessions, including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands, within a pay locality. Revises the calculation of allowances based on living costs and conditions of environment for pay of employees stationed outside the continental United States or in Alaska to apply it only to areas designated as of December 31, 2008. Provides a formula for adjustment of such rate using a transition schedule for calendar years 2009-2011. Requires adjustment of special rates of pay in such areas in accordance with regulations prescribed by the Director of the Office of Personnel Management (OPM) or by the Department of Veterans Affairs (VA) for VA personnel. Allows a temporarily raised limitation on the amount of special rates during the transition period. Expresses the sense of Congress that application of this Act to an employee should not result in a decrease in take home pay. Defines as covered employees for purposes of this Act those who are or will be eligible for a cost-of-living allowance (COLA). Allows an employee subject to this Act's transition schedule and who retires from service during the period from January 1, 2009, through December 31, 2011, to elect to have the COLA paid during that period considered as basic pay for purposes of annuity computation. Provides procedures for employees to make an irrevocable election to be covered by this Act.

To provide for retirement equity for Federal employees in nonforeign areas outside the 48 contiguous States and the District of Columbia, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Providing Reliable Options for Patients and Educational Resources Act of 2018'' or the ``PROPER Act of 2018''. SEC. 2. REQUIRING MEDICARE ADVANTAGE PLANS AND PART D PRESCRIPTION DRUG PLANS TO INCLUDE INFORMATION ON RISKS ASSOCIATED WITH OPIOIDS AND COVERAGE OF NONPHARMACOLOGICAL THERAPIES AND NONOPIOID MEDICATIONS OR DEVICES USED TO TREAT PAIN. Section 1860D-4(a)(1) of the Social Security Act (42 U.S.C. 1395w- 104(a)(1)) is amended-- (1) in subparagraph (A), by inserting ``, subject to subparagraph (C),'' before ``including''; (2) in subparagraph (B), by adding at the end the following new clause: ``(vi) For plan year 2021 and each subsequent plan year, subject to subparagraph (C), with respect to the treatment of pain-- ``(I) the risks associated with prolonged opioid use; and ``(II) coverage of nonpharmacological therapies, devices, and nonopioid medications-- ``(aa) in the case of an MA-PD plan under part C, under such plan; and ``(bb) in the case of a prescription drug plan, under such plan and under parts A and B.''; and (3) by adding at the end the following new subparagraph: ``(C) Targeted provision of information.--A PDP sponsor of a prescription drug plan may, in lieu of disclosing the information described in subparagraph (B)(vi) to each enrollee under the plan, disclose such information through mail or electronic communications to a subset of enrollees under the plan, such as enrollees who have been prescribed an opioid in the previous 2-year period.''. SEC. 3. REQUIRING MEDICARE ADVANTAGE PLANS AND PRESCRIPTION DRUG PLANS TO PROVIDE INFORMATION ON THE SAFE DISPOSAL OF PRESCRIPTION DRUGS. (a) Medicare Advantage.--Section 1852 of the Social Security Act (42 U.S.C. 1395w-22) is amended by adding at the end the following new subsection: ``(n) Provision of Information Relating to the Safe Disposal of Certain Prescription Drugs.-- ``(1) In general.--In the case of an individual enrolled under an MA or MA-PD plan who is furnished an in-home health risk assessment on or after January 1, 2021, such plan shall ensure that such assessment includes information on the safe disposal of prescription drugs that are controlled substances that meets the criteria established under paragraph (2). Such information shall include information on drug takeback programs that meet such requirements determined appropriate by the Secretary and information on in-home disposal. ``(2) Criteria.--The Secretary shall, through rulemaking, establish criteria the Secretary determines appropriate with respect to information provided to an individual to ensure that such information sufficiently educates such individual on the safe disposal of prescription drugs that are controlled substances.''. (b) Prescription Drug Plans.--Section 1860D-4(c)(2)(B) of the Social Security Act (42 U.S.C. 1395w-104(c)(2)(B)) is amended-- (1) by striking ``may include elements that promote''; (2) by redesignating clauses (i) through (iii) as subclauses (I) through (III) and adjusting the margins accordingly; (3) by inserting before subclause (I), as so redesignated, the following new clause: ``(i) may include elements that promote-- ''; (4) in subclause (III), as so redesignated, by striking the period at the end and inserting ``; and''; and (5) by adding at the end the following new clause: ``(ii) with respect to plan years beginning on or after January 1, 2021, shall provide for-- ``(I) the provision of information to the enrollee on the safe disposal of prescription drugs that are controlled substances that meets the criteria established under section 1852(n)(2), including information on drug takeback programs that meet such requirements determined appropriate by the Secretary and information on in-home disposal; and ``(II) cost-effective means by which an enrollee may so safely dispose of such drugs.''. SEC. 4. REVISING MEASURES USED UNDER THE HOSPITAL CONSUMER ASSESSMENT OF HEALTHCARE PROVIDERS AND SYSTEMS SURVEY RELATING TO PAIN MANAGEMENT. (a) Restriction on the Use of Pain Questions in HCAHPS.--Section 1886(b)(3)(B)(viii) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(viii)) is amended by adding at the end the following new subclause: ``(XII)(aa) With respect to a Hospital Consumer Assessment of Healthcare Providers and Systems survey (or a successor survey) conducted on or after January 1, 2019, such survey may not include questions about communication by hospital staff with an individual about such individual's pain unless such questions take into account, as applicable, whether an individual experiencing pain was informed about risks associated with the use of opioids and about non-opioid alternatives for the treatment of pain. ``(bb) The Secretary shall not include on the Hospital Compare Internet website any measures based on the questions appearing on the Hospital Consumer Assessment of Healthcare Providers and Systems survey in 2018 about communication by hospital staff with an individual about such individual's pain.''. (b) Restriction on Use of 2018 Pain Questions in the Hospital Value-based Purchasing Program.--Section 1886(o)(2)(B) of the Social Security Act (42 U.S.C. 1395ww(o)(2)(B)) is amended by adding at the end the following new clause: ``(iii) HCAHPS pain questions.--The Secretary may not include under subparagraph (A) a measure that is based on the questions appearing on the Hospital Consumer Assessment of Healthcare Providers and Systems survey in 2018 about communication by hospital staff with an individual about the individual's pain.''. Passed the House of Representatives June 19, 2018. Attest: KAREN L. HAAS, Clerk.

Providing Reliable Options for Patients and Educational Resources Act of 2018 or the PROPER Act of 2018 (Sec. 2) This bill requires Medicare and Medicare Advantage (MA) prescription drug plan (PDP) sponsors to annually disclose information to enrollees about: (1) the risks of prolonged opioid use; and (2) the plan's coverage of nonpharmacological therapies, devices, and non-opioid medications. PDP sponsors may limit disclosure to a subset of enrollees (such as those who were prescribed an opioid in the previous two-year period). (Sec. 3) The bill also requires Medicare medication therapy management programs and MA in-home health risk assessments to include information about the safe disposal of prescription drugs. (Sec. 4) The bill prohibits inclusion of pain management questions in certain health care system surveys, unless the questions address the risks of opioid use and the availability of non-opioid alternatives.

Providing Reliable Options for Patients and Educational Resources Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``California Affordable Quantity and Quality Water Resources Projects Act of 2003''. SEC. 2. FUNDING FOR EPA CONSERVATION GRANTS. (a) National Nonpoint Source Program Implementation.--There is authorized to be appropriated to implement the national nonpoint source program of the Environmental Protection Agency announced in the guidance document entitled ``Nonpoint Source Program and Grants Guidance for Fiscal Years 1997 and Future Years (May 1996)'' and carried out under sections 35.260 through 35.268 of title 40, Code of Federal Regulations (or successor regulations), $18,599,460, to remain available until expended. (b) State Nonpoint Source Management Program.--There is authorized to be appropriated for grants awarded under the State nonpoint source management program of the Environmental Protection Agency authorized by section 319 of the Federal Water Pollution Control Act (33 U.S.C. 1329) $262,324,480, to remain available until expended. (c) State Pollution Control Grants.--Section 106 of the Federal Water Pollution Control Act (33 U.S.C. 1256) is amended by striking subsection (a) and inserting the following: ``(a) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $198,414,590, to remain available until expended.''. (d) State Water Quality Cooperative Agreements.--There is authorized to be appropriated to carry out State water quality cooperative agreements entered into by the Environmental Protection Agency and States under sections 35.360 through 35.364 of title 40, Code of Federal Regulations (or successor regulations) $42,854,020, to remain available until expended. (e) Clean Water State Revolving Fund.--The Federal Water Pollution Control Act is amended by striking section 607 (33 U.S.C. 1387) and inserting the following: ``SEC. 607. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this title $3,200,000,000, to remain available until expended.''. (f) Drinking Water State Revolving Fund.--Section 1452(m) of the Safe Drinking Water Act (42 U.S.C. 300f-12(m)) is amended-- (1) by striking ``1994 and'' and inserting ``1994,''; and (2) by striking ``through 2003'' and inserting ``through 2003, and $2,000,000,000 for fiscal year 2004''. SEC. 3. EXPEDITED FEASIBILITY STUDIES FOR CERTAIN CALIFORNIA WATER PROJECTS. (a) Corps of Engineers Studies.--As soon as practicable after the date of enactment of this Act, the Secretary of the Army shall conduct studies to determine the feasibility of carrying out the following projects in the State of California: (1) A conjunctive use project, in cooperation with the Calaveras County Water District, at a total study cost of $1,000,000. (2) A water reclamation project, in cooperation with the city of Carson, at a total study cost of $100,000. (3) A water reclamation project, in cooperation with the Coastside County Water District, at a total study cost of $50,000. (4) A water supply project at Pacheco Creek, Los Viboras Creek, and Dos Picachos Creek, in cooperation with the San Benito County Water District, at a total study cost of $250,000. (5) A wetland restoration project, in cooperation with the city of San Diego, at a total study cost of $1,500,000. (6) A sediment management project at the Twitchell Reservoir, in cooperation with the Santa Maria Valley Water Conservation District, at a total study cost of $2,000,000. (7) A groundwater assessment project at the North River, in cooperation with the Tia Juana Valley County Water District, at a total study cost of $1,300,000. (b) Bureau of Reclamation Studies.--The Secretary of the Interior shall establish within the Department of the Interior a program to provide grants and loans to conduct, in an expedited manner, studies to determine the feasibility of carrying out the following projects in the State of California: (1) An agricultural reuse project, in cooperation with northern Sonoma County, at a total study cost of $500,000. (2) A water reclamation and desalination project, in cooperation with the city of Santa Cruz, at a total study cost of $3,500,000. (3) A recycled water project, in cooperation with Sonoma Valley, at a total study cost of $2,300,000. (4) A regional recycling project, in cooperation with the North Bay Watershed Association, at a total study cost of $5,000,000. (5) Water recycling projects, in cooperation with the Los Angeles Hansen Recreation Area, Elysian Park, and West Valley, at a total study cost of $2,200,000. (6) The City of Escondido Regional Water Reclamation and Disposal Enhancement Project, the Escondido Regional Water Recycling Distribution System Project, and the Escondido Creek Watershed Protection and Wetlands Restoration Project, at a total study cost of $11,000,000. (7) A water conservation technology project, in cooperation with the Helix Water District, at a total study cost of $70,000. (8) A water recycling project, in cooperation with the City of Oceanside, at a total study cost of $12,350,000. (9) A conjunctive use project, in cooperation with the Sweetwater Authority, at a total study cost of $5,415,000. (10) A groundwater treatment project, in cooperation with the Calleguas Creek Regional Brackish Water Treatment Facility Project, at a total study cost of $5,000,000. (11) A groundwater supply study relating to the San Diego Formation Assessment, at a total study cost of $4,000,000. (c) Priority.--The Secretary of the Army and the Secretary of the Interior shall give priority to studies described in subsections (a) and (b), respectively, that-- (1) should be expedited, based on the fact that the project to be studied, when complete, would provide environmental or other benefits; or (2) examine the use of nonstructural or low-impact alternatives to achieving the goals of the project to be studied. (d) Components.--A study carried out under subsection (a) or (b) shall include-- (1) a list of anticipated project beneficiaries by location and type of use; (2) an estimate of the incremental diversionary and consumptive supplies that the project is expected to produce under a forecast range of hydrologic conditions; (3) an estimate of the total cost of the project, including-- (A) planning, design, capital, operations, maintenance, and environmental mitigation costs; and (B) compounded interest at a rate equivalent to the rate of interest charged on Treasury securities of a comparable maturity; (4) an allocation of project costs to the beneficiaries identified in paragraph (1), to be determined by the Secretary of the Army or the Secretary of the Interior based on the allocated share of project benefits; and (5) a determination by the Secretary of the Army or the Secretary of the Interior on whether-- (A) the benefits of the project exceed the total costs of the project; and (B) the beneficiaries identified under paragraph (1) have demonstrated a willingness and ability to pay the allocated share of the total costs of the project. (e) Cost-Sharing Agreement.--The Secretary of the Army or the Secretary of the Interior shall enter into a cost-sharing agreement with the city or water district in which a study is being carried out under subsection (a) or (b). (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $6,200,000.

California Affordable Quantity and Quality Water Resources Projects Act of 2003 - Amends the Federal Water Pollution Control Act and the Safe Water Drinking Act to increase the authorizations of appropriations for Environmental Protection Agency (EPA) conservation grant programs, including the national nonpoint source program, the state nonpoint source management program, state pollution control grants, state water quality cooperative agreements, the clean water state revolving fund, and the drinking water state revolving fund. Authorizes expedited feasibility studies for 22 water projects in California. Requires the Secretaries of the Army and the Interior to give priority to studies that would provide environmental or other benefits, or examine the use of nonstructural or low-impact alternatives to achieving project goals. Lists required components of qualifying studies.

A bill to authorize appropriations for conservation grants of the Environmental Protection Agency, to direct the Secretary of the Army and the Secretary of the Interior to conduct expedited feasibility studies of certain water projects in the State of California, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Trade Requires Unmitigated Truth in Health (TRUTH) Act'' . SEC. 2. FINDINGS. The Congress finds as follows: (1) The rise of global trade has created both new commercial opportunities and new health risks. (2) Governments have the right and responsibility to protect their countries from the threat of disease. (3) Trade is responsible for contributing to the rapid spread of disease around the globe and increases the risk of a pandemic outbreak. (4) Those who participate in world trade, therefore, have a responsibility to promptly report and appropriately respond to infectious diseases on a timely basis to minimize the potential for global pandemics. (5) The World Health Organization has created the World Health Organization International Health Regulations to prevent, protect against, and control disease and provide a public health response to the international spread of disease in ways that are commensurate with and restricted to public health risks, and that avoid unnecessary interference with international traffic and trade. (6) The failure of countries to be transparent and responsive to the existence or spread of disease in a country that is a member of the World Trade Organization threatens the free flow of goods and services that is a primary objective of the GATT 1994 and other agreements of the World Trade Organization. (7) The experience with the SARS outbreak in 2002 and 2003 should be a clear warning that the system of public health readiness can be easily compromised by delays in reporting the earliest cases of an outbreak by a country reluctant to publicize a problem with an economic downside, no matter the public health consequences. (8) If a country fails to abide by regulations which are designed to prevent, protect against, and control disease and provide a public health response to the international spread of disease without unnecessary interference with international traffic and trade, it may be necessary to take actions against that country which restrict or otherwise interfere with international traffic or trade in the best interest of public health. SEC. 3. WTO PROPOSAL. (a) Action by United States Trade Representative.--The United States Trade Representative shall-- (1) propose to the World Trade Organization that the rights and obligations of the World Trade Organization should take into account whether countries are undermining the trade system by failing to abide by the rules of other international organizations with regard to public health, specifically the International Health Regulations of the World Health Organization; and (2) include in the proposal options for its implementation, such as-- (A) provisions that would give members of the World Trade Organization the right to impose sanctions or other punitive measures on members that have been found to violate the International Health Regulations of the World Health Organization; and (B) membership criteria for current and potential members of the World trade Organization that would include the requirement to uphold the trade system by abiding by rules of other international organizations with regard to public health. (b) Report to Congress.--The United States Trade Representative shall report to the Congress, not later than 90 days after the date of the enactment of this Act, and not later than the end of each 90-day period thereafter, on steps the Trade Representative has taken to carry out subsection (a), and the results of those steps. SEC. 4. ANNUAL REPORT ON COUNTRY COMPLIANCE WITH INTERNATIONAL HEALTH REGULATIONS. (a) In General.--The Secretary of Health and Human Services shall transmit to the Speaker of the House of Representatives and the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, not later than December 1, 2006, and not later than December 1 of each year thereafter, a full and complete report regarding the status of the compliance with and observance of the International Health Regulations of the World Health Organization in each country that is a member of that Organization. (b) Contents.--Each report under subsection (a) shall include the following information: (1) The extent to which each country complies with and enforces the requirements contained in the International Health Regulations. (2) The extent to which each country uses effective epidemiological principles to detect, reduce, or eliminate the sources from which infection spreads, to improve sanitation in and around ports and airports, to prevent the dissemination of vectors, and, in general, to encourage epidemiological activities on the national level so that there is little risk of outside infection establishing itself in that country. (3) The steps that the Secretary has taken to alter United States programs or policies with respect to any country because of unsatisfactory compliance with the International Health Regulations. (4) For each country in which the report indicates that the country's health administration has failed to notify the World Health Organization within 24 hours of its being informed that the first case of a disease subject to the International Health Regulations, that is neither an imported case nor a transferred case, has occurred in its territory, or, within the subsequent 24 hours, has failed to notify the infected area, the extent to which the United States has taken or will take action to encourage such notifications. (5) The extent to which each country communicates frequent and detailed information to the World Health Organization about the presence of plague, cholera, yellow fever, avian influenza, Severe Acute Respiratory Syndrome (SARS), and any other disease determined by the Secretary that is present in its country. The report shall describe whether each country communicates to the World Health Organization the number of cases and deaths at least once each week, and the precautions taken to prevent the spread of the disease, in particular the measures which are being applied to prevent the spread of the disease to other territories by vessels, aircraft, trains, road vehicles, other means of transport, and containers leaving the infected area. (6) What steps the government of each country has taken to ensure that ports and airports in its territory have at their disposal an organization and equipment adequate for the application of the measures provided for in the International Health Regulations. (7) What steps the government of each country has taken to make available, at as many of the ports and airports in a territory as practicable, an organized medical and health service with adequate staff, equipment, and premises, in particular facilities for the prompt isolation and care of infected persons, for disinfection, disinsecting, and deratting, for bacteriological investigation, for the collection and examination of rodents for plague infection, for collection of water and food samples and their dispatch to a laboratory for examination, and for other appropriate measures provided for by the International Health Regulations.

Global Trade Requires Unmitigated Truth in Health (TRUTH) Act - Requires the U.S. Trade Representative (USTR) to: (1) propose to the World Trade Organization (WTO) that its rights and obligations should take into account whether countries are undermining the trade system by failing to abide by the rules of other international organizations with regard to public health, specifically the International Health Regulations of the World Health Organization; and (2) include in the proposal specified options for its implementation. Requires the Secretary of Health and Human Services to report to the Speaker of the House of Representatives and specified congressional committees on the status of the compliance with and observance of such Regulations in each member country of the Organization.

To seek the inclusion of certain requirements of the International Health Regulations of the World Health Organization as obligations under the World Trade Organization.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Noncommercial Broadcasting Freedom of Expression Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) In the additional guidance contained in the Federal Communication Commission's memorandum opinion and order in WQED Pittsburgh (FCC 99-393), adopted December 15, 1999, and released December 29, 1999, the Commission attempted to impose content-based programming requirements on noncommercial educational television broadcasters without the benefit of notice and comment in a rulemaking proceeding. (2) In doing so, the Commission did not adequately consider the implications of its proposed guidelines on the rights of such broadcasters under First Amendment and the Religious Freedom Restoration Act. (3) Noncommercial educational broadcasters should be responsible for using the station to primarily serve an educational, instructional, cultural, or religious purpose in its community of license, and for making judgments about the types of programming that serve those purposes. (4) Religious programming contributes to serving the educational and cultural needs of the public, and should be treated by the Commission on a par with other educational and cultural programming. (5) Because noncommercial broadcasters are not permitted to sell air time, they should not be required to provide free air time to commercial entities or political candidates. (6) The Commission should not engage in regulating the content of speech broadcast by noncommercial educational stations. SEC. 3. CLARIFICATION OF SERVICE OBLIGATIONS OF NONCOMMERCIAL EDUCATIONAL OR PUBLIC BROADCAST STATIONS. (a) Service Conditions.--Section 309 of the Communications Act of 1934 (47 U.S.C. 309) is amended by adding at the end the following new subsection: ``(m) Service Conditions on Noncommercial Educational and Public Broadcast Stations.-- ``(1) In general.--A nonprofit organization shall be eligible to hold a noncommercial educational radio or television license if the station is used primarily to broadcast material that the organization determines serves an educational, instructional, cultural, or religious purpose (or any combination of such purposes) in the station's community of license, unless that determination is arbitrary or unreasonable. ``(2) Additional content-based requirements prohibited.-- The Commission shall not-- ``(A) impose or enforce any quantitative requirement on noncommercial educational radio or television licenses based on the number of hours of programming that serve educational, instructional, cultural, or religious purposes; or ``(B) impose or enforce any other requirement on the content of the programming broadcast by a licensee, permittee, or applicant for a noncommercial educational radio or television license that is not imposed and enforced on a licensee, permittee, or applicant for a commercial radio or television license, respectively. ``(3) Rules of construction.--Nothing in this subsection shall be construed as affecting-- ``(A) any obligation of noncommercial educational television broadcast stations under the Children's Television Act of 1990 (47 U.S.C. 303a, 303b); or ``(B) the requirements of section 396, 399, 399A, and 399B of this Act.''. (b) Political Broadcasting Exemption.--Section 312(a)(7) of the Communications Act of 1934 (47 U.S.C. 312(a)(7)) is amended by inserting ``, other than a noncommercial educational broadcast station,'' after ``use of a broadcasting station''. (c) Audit of Compliance With Donor Privacy Protection Requirements.--Section 396(l)(3)(B)(ii) of the Communications Act of 1934 (47 U.S.C. 396(l)(3)(B)(ii)) is amended-- (1) in subclause (I), by inserting before the semicolon the following: ``, and shall include a determination of the compliance of the entity with the requirements of subsection (k)(12)''; and (2) in subclause (II), by inserting before the semicolon the following: ``, except that such statement shall include a statement regarding the extent of the compliance of the entity with the requirements of subsection (k)(12)''. (d) Implementation.--Consistent with the requirements of section 4 of this Act, the Federal Communications Commission shall amend sections 73.1930 through 73.1944 of its rules (47 CFR 73.1930-73.1944) to provide that those sections do not apply to noncommercial educational broadcast stations. SEC. 4. RULEMAKING. (a) Limitation.--After the date of the enactment of this Act, the Federal Communications Commission shall not establish, expand, or otherwise modify requirements relating to the service obligations of noncommercial educational radio or television stations except by means of agency rulemaking conducted in accordance with chapter 5 of title 5, United States Code, and other applicable law (including the amendments made by section 3). (b) Rulemaking Deadline.--The Federal Communications Commission shall prescribe such revisions to its regulations as may be necessary to comply with the amendment made by section 3 within 270 days after the date of the enactment of this Act. Passed the House of Representatives June 20, 2000. Attest: JEFF TRANDAHL, Clerk. By Martha C. Morrison, Deputy Clerk.

Prohibits the Federal Communications Commission (FCC) from: (1) imposing or enforcing any quantitative requirement on NCE licenses based on the number of hours of programming that serve such purposes; or (2) imposing or enforcing any other programming content requirement on an NCE license that is not imposed on a licensee, permittee, or applicant for a commercial radio or television license. Specifies that NCE licensees remain subject to applicable provisions of the Children's Television Act and the requirements of the Public Broadcasting Act.Exempts NCE stations from requirements to make broadcast stations accessible to political candidates and directs the FCC to amend its rules governing political broadcasting to provide that such rules do not apply to NCE stations.Requires each public telecommunications entity that receives funds from donors to undergo an annual audit (current law) which shall include a determination of such entity's compliance with donor privacy protection requirements.Prohibits the FCC from establishing, expanding, or otherwise modifying requirements relating to the service obligations of noncommercial educational radio or television stations except by means of agency rulemaking.

Noncommercial Broadcasting Freedom of Expression Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's History and Nineteenth Amendment Centennial Quarter Dollar Coin Program Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The tireless and passionate efforts of the suffragists, their supporters, and other stakeholders contributed to the movement to grant and protect the right of all women to vote. (2) On August 26, 1920, after a long campaign by suffragists across the country, the United States Constitution was amended with the 19th Amendment, granting women the right to vote. (3) On June 24, 1924, all Native Americans were granted citizenship, and by extension the right to vote. (4) In 1948, the legal victories of Native American veterans granted protections for the right of all Native men and women to vote. (5) On June 27, 1952, the Immigration and Nationality Act of 1952 was enacted, granting citizenship to all individuals of Asian descent, and by extension, the right to vote. (6) Enactment of the Voting Rights Act of 1965 on August 6, 1965, granted Black women protections to overcome the legal barriers that prevented many from exercising their right to vote even though all Blacks had been granted citizenship in 1868 with ratification of the 14th Amendment. (7) On August 6, 1975, the amendments to the reauthorization of the Voting Rights Act of 1965 removed language barriers to mitigate discrimination against Hispanic, Asian, and Native American voters. (8) It was not until March 29, 1961, when the 23rd Amendment passed that women in Washington, DC, were allowed to vote in all elections. (9) Women's history and the movement for women's rights that the suffragists began extends beyond ratification of the Nineteenth Amendment. (10) August 26, 2020, marks the centennial of the day that women were granted the right to vote in America. SEC. 3. ISSUANCE OF COINS COMMEMORATING THE NINETEENTH AMENDMENT. (a) Amendment to National Sites Quarter Dollar Program.--Subsection (t) of section 5112 of title 31, United States Code, is amended-- (1) in paragraph (1)(A), by striking ``Notwithstanding the fourth sentence of subsection (d)(1) and subsection (d)(2)'' and inserting ``Subject to paragraph (8), and notwithstanding the fourth sentence of subsection (d)(1) and subsection (d)(2)''; (2) by striking paragraph (7) and inserting the following: ``(7) Period of issuance.--Subject to paragraph (2), the program established under this subsection shall continue in effect until a national site in each State has been honored and shall terminate not later than March 31, 2021.''; and (3) by striking paragraph (8) and inserting the following: ``(8) Designs starting on january 1, 2021.-- ``(A) Transition period.--The design of the quarter dollar from January 1, 2021, to March 31, 2021, shall be as follows: ``(i) On January 1, 2021, the design shall be the final design of the national sites program established by this subsection. ``(ii) On a date selected by the Secretary that is not earlier than January 15, 2021, and not later than March 31, 2021, the design shall be the first design selected pursuant to the program described in subsection (w). ``(B) Design after end of program.--As of April 1, 2021, the design of the quarter dollar shall be in accordance with subsection (w).''. (b) Issuance of Coins Commemorating the Nineteenth Amendment.-- Section 5112 of title 31, United States Code, is amended by adding at the end the following: ``(w) Redesign and Issuance of Quarter Dollars Commemorating the Ratification of the Nineteenth Amendment.-- ``(1) Redesign beginning in 2021.--Notwithstanding the fourth sentence of subsection (d)(1) and subsection (d)(2), quarter dollars issued during the period beginning on the date described in subsection (t)(8)(A)(ii) and ending on the date described in paragraph (8) shall have designs on the reverse selected in accordance with this subsection. ``(2) Nineteenth amendment quarter dollar design requirements.-- ``(A) Flexibility with regard to placement of inscriptions.--Notwithstanding subsection (d)(1), the Secretary may select a design for quarter dollars described in paragraph (1) in which-- ``(i) the inscription described in the second sentence of subsection (d)(1) appears on the reverse side of any such quarter dollars; and ``(ii) any inscription described in the third sentence of subsection (d)(1) or the designation of the value of the coin appears on the obverse side of any such quarter dollars. ``(B) Single prominent american woman.-- Notwithstanding subsection (d)(1), the design on the reverse of each coin issued under this subsection shall-- ``(i) be emblematic of the accomplishments and contributions of a prominent woman who was a resident of a State, the District of Columbia, or a territory; ``(ii) bear the name of the prominent woman and the State, District of Columbia, or territory; and ``(iii) bear other appropriate inscriptions. ``(3) Issuance of coins during each year.-- ``(A) In general.--The designs for the quarter dollar coins issued during each year of the period referred to in paragraph (1) shall be emblematic of a maximum of 5 States, the District of Columbia, or territories. ``(B) Order of issuance.--The quarter dollar coins issued during each year of the period referred to in paragraph (1) shall be issued in alphabetical order of the area represented, starting with Alabama. ``(C) Number of each of coin designs in each year.--The Secretary shall prescribe the number of quarter dollars which shall be issued with each of the designs selected for each year. ``(4) Selection of design.-- ``(A) In general.--Each of the designs required under this subsection for quarter dollar coins shall-- ``(i) be approved by the Secretary after-- ``(I) submission of a recommendation from the chief executive of the applicable State, the District of Columbia, or territory being commemorated; ``(II) consultation with women's groups and organizations within the applicable State, the District of Columbia, or territory being commemorated that are pursuing a mission focused on increasing the inclusion of women, or improving the quality of life for women; and ``(III) consultation with the Commission of Fine Arts; ``(ii) be reviewed by the Citizens Coinage Advisory Committee; and ``(iii) honor or commemorate a woman who has made significant contributions to the lives of individuals of the applicable State, the District of Columbia, or territory. ``(B) Selection and approval process.--Designs for quarter dollars may be submitted in accordance with the design selection and approval process developed by the Secretary. ``(C) Participation.--The Secretary shall include in design selection, to the greatest extent practicable, participation by-- ``(i) the chief executive of the applicable State, District of Columbia, or territory; ``(ii) artists from the States, District of Columbia, and territories; ``(iii) engravers of the United States Mint; and ``(iv) members of the general public from groups or organizations that are pursuing a mission focused on increasing the inclusion of women or improving the quality of life for women. ``(D) Standards.--Because it is important that the Nation's coinage and currency bear dignified designs of which the citizens of the United States can be proud, the Secretary shall not select any frivolous or inappropriate design for any coin minted under this subsection. ``(E) Prohibition on certain representations.--The design of any quarter dollar under this subsection may not include-- ``(i) a head and shoulders portrait or bust of any person, living or dead; ``(ii) a portrait of a living person; or ``(iii) a depiction of an individual in a size such that the coin could be considered to be a `2-headed' coin. ``(F) Release of designs.--Not later than August 31, 2020, the Secretary shall publish each of the first 5 designs described in subparagraph (A). ``(5) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all coins described under this subsection shall be considered to be numismatic items. ``(6) Issuance.-- ``(A) Quality of coins.--The Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(B) Silver coins.--Notwithstanding subsection (b), the Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) as the Secretary determines to be appropriate, with a content of not less than 90 percent silver. ``(7) Application in event of the admission of additional state.--If any additional State is admitted into the Union before the termination date described in paragraph (8), the Secretary may issue quarter dollar coins, in accordance with this subsection, with a design which is emblematic of such State during any 1 year of the period described in paragraph (1), in addition to the quarter dollar coins issued during such year in accordance with paragraph (3)(A). ``(8) Termination date.--The authority to issue quarter dollar coins pursuant to this subsection shall terminate on December 31 of the year in which the final State or territory has been commemorated with a design pursuant to paragraph (3). ``(9) Designs after end of program.--On the first day of the year following the year of the date described in paragraph (8)-- ``(A) the design on the obverse of the quarter dollar shall revert to the same design containing an image of President Washington in effect for the quarter dollar before the institution of the 50-State quarter dollar program; and ``(B) notwithstanding the fourth sentence of subsection (d)(1), the design on the reverse of the quarter dollar shall contain an image of General Washington crossing the Delaware River prior to the Battle of Trenton. ``(10) Definitions.--In this subsection: ``(A) The term `territory' means the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(B) The term `resident', with respect to a State, the District of Columbia, or a territory, means that a woman resided in such State, the District of Columbia, or such territory for a period of at least 1 consecutive year. ``(x) Silver Bullion Investment Product.-- ``(1) In general.--The Secretary shall strike and make available for sale such number of bullion coins as the Secretary determines to be appropriate that are exact duplicates of the quarter dollars issued under subsection (w), each of which shall-- ``(A) have a diameter of 3.0 inches and weigh 5.0 ounces; ``(B) contain .999 fine silver; ``(C) have incused into the edge the fineness and weight of the bullion coin; ``(D) bear an inscription of the denomination of such coin, which shall be `quarter dollar'; and ``(E) not be minted or issued by the United States Mint as so-called `fractional' bullion coins or in any size other than the size described in subparagraph (A). ``(2) Availability for sale.--Bullion coins minted under paragraph (1)-- ``(A) shall become available for sale no sooner than the first day of the calendar year in which the circulating quarter dollar coins of which such bullion coins are a duplicate are issued; and ``(B) may only be available for sale during the year in which such circulating quarter dollar coins are issued.''. SEC. 4. COLLECTION AND RECOGNITION PROGRAM. (a) In General.--Not later than December 1, 2018, the Secretary of the Treasury shall initiate a program to promote the collection of, and recognition of the subjects of, the coins authorized under the amendments made by this Act. (b) Study Required.--The Secretary shall conduct a study on the progress of the program described in subsection (a). (c) Report.--Not later than March 1, 2019, the Secretary shall submit a report to the Congress on the results of the study conducted pursuant to subsection (b).

Women's History and Nineteenth Amendment Centennial Quarter Dollar Coin Program Act This bill requires the Department of the Treasury to mint and issue quarter-dollar coins in commemoration of the ratification of the Nineteenth Amendment granting women the right to vote. The design on the reverse of each coin shall be emblematic of the accomplishments and contributions of a prominent woman who was a resident of a state, the District of Columbia, or a U.S. territory. Such coins shall be issued in alphabetical order of the area represented, starting with the state of Alabama. Treasury shall: initiate a program to promote collection of the coins and recognition of their subjects, and strike and make available for sale silver bullion coins that are the exact duplicates of the coins.

Women’s History and Nineteenth Amendment Centennial Quarter Dollar Coin Program Act

SECTION 1. ANTITRUST EXEMPTIONS. (a) Study.--The Comptroller General shall conduct a study of the legal requirements and policies followed by the Department in deciding whether to approve international alliances under section 41309 of title 49, United States Code, and grant exemptions from the antitrust laws under section 41308 of such title in connection with such international alliances. (b) Issues To Be Considered.--In conducting the study under subsection (a), the Comptroller General, at a minimum, shall examine the following: (1) Whether granting exemptions from the antitrust laws in connection with international alliances has resulted in public benefits, including an analysis of whether such benefits could have been achieved by international alliances not receiving exemptions from the antitrust laws. (2) Whether granting exemptions from the antitrust laws in connection with international alliances has resulted in reduced competition, increased prices in markets, or other adverse effects. (3) Whether international alliances that have been granted exemptions from the antitrust laws have implemented pricing or other practices with respect to the hub airports at which the alliances operate that have resulted in increased costs for consumers or foreclosed competition by rival (nonalliance) air carriers at such airports. (4) Whether increased network size resulting from additional international alliance members will adversely affect competition between international alliances. (5) The areas in which immunized international alliances compete and whether there is sufficient competition among immunized international alliances to ensure that consumers will receive benefits of at least the same magnitude as those that consumers would receive if there were no immunized international alliances. (6) The minimum number of international alliances that is necessary to ensure robust competition and benefits to consumers on major international routes. (7) Whether the different regulatory and antitrust responsibilities of the Secretary and the Attorney General with respect to international alliances have created any significant conflicting agency recommendations, such as the conditions imposed in granting exemptions from the antitrust laws. (8) Whether, from an antitrust standpoint, requests for exemptions from the antitrust laws in connection with international alliances should be treated as mergers, and therefore be exclusively subject to a traditional merger analysis by the Attorney General and be subject to advance notification requirements and a confidential review process similar to those required under section 7A of the Clayton Act (15 U.S.C. 18a). (9) Whether the Secretary should amend, modify, or revoke any exemption from the antitrust laws granted by the Secretary in connection with an international alliance. (c) Report.--Not later than one year after the date of enactment of this Act, the Comptroller General shall submit to the Secretary of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study under subsection (a), including any recommendations of the Comptroller General as to whether there should be changes in the authority of the Secretary under title 49, United States Code, or policy changes that the Secretary can implement administratively, with respect to approving international alliances and granting exemptions from the antitrust laws in connection with such international alliances. (d) Adoption of Recommended Policy Changes.--Not later than one year after the date of receipt of the report under subsection (c), and after providing notice and an opportunity for public comment, the Secretary shall issue a written determination as to whether the Secretary will adopt the policy changes, if any, recommended by the Comptroller General in the report or make any other policy changes with respect to approving international alliances and granting exemptions from the antitrust laws in connection with such international alliances. (e) Sunset Provision.-- (1) In general.--An exemption from the antitrust laws granted by the Secretary on or before the last day of the 3- year period beginning on the date of enactment of this Act in connection with an international alliance, including an exemption granted before the date of enactment of this Act, shall cease to be effective after such last day unless the exemption is renewed by the Secretary. (2) Timing for renewals.--The Secretary may not renew an exemption under paragraph (1) before the date on which the Secretary issues a written determination under subsection (d). (3) Standards for renewals.--The Secretary shall make a decision on whether to renew an exemption under paragraph (1) based on the policies of the Department in effect after the Secretary issues a written determination under subsection (d). (f) Definitions.--In this section, the following definitions apply: (1) Exemption from the antitrust laws.--The term ``exemption from the antitrust laws'' means an exemption from the antitrust laws granted by the Secretary under section 41308 of title 49, United States Code. (2) Immunized international alliance.--The term ``immunized international alliance'' means an international alliance for which the Secretary has granted an exemption from the antitrust laws. (3) International alliance.--The term ``international alliance'' means a cooperative agreement between an air carrier and a foreign air carrier to provide foreign air transportation subject to approval or disapproval by the Secretary under section 41309 of title 49, United States Code. (4) Department.--The term ``Department'' means the Department of Transportation. (5) Secretary.--The term ``Secretary'' means the Secretary of Transportation.

Directs the Comptroller General to study legal requirements and policies followed by the Department of Transportation in deciding whether to: (1) approve cooperative agreements between an air carrier and a foreign air carrier (international alliances) to provide foreign air transportation; and (2) exempt such alliances from the U.S. antitrust laws. Requires: (1) the Comptroller General to report to the Secretary and Congress study results, including any recommendations for authority or policy changes with respect to approving such alliances and granting such exemptions; and (2) the Secretary to issue a determination, after public comment, whether such changes will be adopted.

To direct the Comptroller General to conduct a study of the legal requirements and policies followed by the Department of Transportation in deciding whether to approve international alliances between air carriers and foreign air carriers and grant exemptions from the antitrust laws in connection with such international alliances, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Expansion Act''. TITLE I--GENERAL EXPANSION OF ACTIVITIES SEC. 101. SMALL BUSINESS CHILD CARE GRANT PROGRAM. (a) Establishment.--The Secretary of Health and Human Services (hereafter referred to in this section as the ``Secretary'') shall establish a program to award grants to States to assist States in providing funds to encourage the establishment and operation of employer operated child care programs. (b) Application.--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 an assurance that the State will provide the funds required under subsection (e). (c) Amount of Grant.--The Secretary shall determine the amount of a grant to a State under this section based on the population of the State as compared to the population of all States. (d) Use of Funds.-- (1) In general.--A State shall use amounts provided under a grant awarded under this section to provide assistance to small businesses located in the State to enable such small businesses to establish and operate child care programs. Such assistance may include-- (A) technical assistance in the establishment of a child care program; (B) assistance for the start-up costs related to a child care programs; (C) assistance for the training of child care providers; (D) scholarships for low-income wage earners; (E) the provision of services to care for sick children or to provide care to school aged children; (F) the entering into of contracts with local resource and referral or local health departments; (G) assistance for any other activity determined appropriate by the State; or (H) care for children with disabilities. (2) Application.--To be eligible to receive assistance from a State under this section, a small business shall prepare and submit to the State an application at such time, in such manner, and containing such information as the State may require. (3) Preference.-- (A) In general.--In providing assistance under this section, a State shall give priority to applicants that desire to form consortium to provide child care in geographic areas within the State where such care is not generally available or accessible. (B) Consortium.--For purposes of subparagraph (A), a consortium shall be made up of 2 or more entities which may include businesses, nonprofit agencies or organizations, local governments, or other appropriate entities. (4) Limitation.--With respect to grant funds received under this section, a State may not provide in excess of $50,000 in assistance from such funds to any single applicant. A State may not provide assistance under a grant to more than 10 entities. (e) Matching Requirement.--To be eligible to receive a grant under this section a State shall provide assurances to the Secretary that, with respect to the costs to be incurred by an entity receiving assistance in carrying out activities under this section, such entity will make available (directly or through donations from public or private entities) non-Federal contributions to such costs in an amount equal to-- (1) for the first fiscal year in which the entity receives such assistance, not less than 25 percent of such costs ($1 for each $3 of assistance provided to the entity under the grant); (2) for the second fiscal year in which an entity receives such assistance, not less than 33\1/3\ percent of such costs ($1 for each $2 of assistance provided to the entity under the grant); and (3) for the third fiscal year in which an entity receives such assistance, not less than 50 percent of such costs ($1 for each $1 of assistance provided to the entity under the grant). (f) Requirements of Providers.--To be eligible to receive assistance under a grant awarded under this section a child care provider shall comply with all applicable State and local licensing and regulatory requirements and all applicable health and safety standards in effect in the State. (g) Administration.-- (1) State responsibility.--A State shall have responsibility for administering the grant awarded under this section and for monitoring entities that receive assistance under such grant. (2) Audits.--A State shall require that each entity receiving assistance under a grant awarded under this section conduct of an annual audit with respect to the activities of the entity. Such audits shall be submitted to the State. (3) Misuse of funds.-- (A) Repayment.--If the State determines, through an audit or otherwise, that an entity receiving assistance under a grant awarded under this section has misused such assistance, the State shall notify the Secretary of such misuses. The Secretary, upon such a notification, may seek from such an entity the repayment of an amount equal to the amount of any misused assistance plus interest. (B) Appeals process.--The Secretary shall by regulation provide for an appeals process with respect to repayments under this paragraph. (h) Reporting Requirement.-- (1) Study.--Not later than 2 years after the date on which the Secretary first provides grants under this section, the Secretary shall conduct a study to determine-- (A) the capacity of entities to meet the child care needs of communities within a State; (B) the kinds of partnerships that are being formed with respect to child care at the local level; and (C) who is using the programs funded under this section and the income levels of such individuals. (2) Report.--Not later than 28 months after the date of enactment of this Act, the Secretary shall prepare and submit to the appropriate committees of Congress, a report concerning the effectiveness of the grant programs under this section. (i) Definition.--As used in this section, the term ``small business'' means an employer who employed an average of at least 2 but not more than 50 employees on business days during the preceding calendar year. (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $25,000,000 for each of the fiscal years 1998 through 2000. (k) Termination of Program.--The program established under subsection (a) shall terminate on September 30, 2001. SEC. 102. PROJECTS FOR CHILD CARE BY OLDER INDIVIDUALS. (a) Community Service Employment Program.--Section 502 of the Older Americans Act of 1965 (42 U.S.C. 3056) is amended by adding at the end the following: ``(f) In carrying out this title, the Secretary, and any entity entering into an agreement under this title, shall take necessary steps, including the development of special projects, where appropriate, to encourage the fullest participation of eligible individuals (including eligible individuals described in subsection (e), as appropriate), in projects to provide child care under this title. Such child care projects shall, to the extent practicable, be carried out in communities with child care shortages, as determined by the appropriate State agency designated under section 658D(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858b(a)).''. (b) Domestic Volunteer Service Act.--Title IV of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 5043 et seq.) is amended by adding at the end the following: ``SEC. 427. PARTICIPATION IN PROJECT TO PROVIDE CHILD CARE. ``(a) In General.--In carrying out this Act, the Director, and any recipient of a grant or contract under this Act, shall take necessary steps, including the development of special projects, where appropriate, to encourage the fullest participation of individuals 55 and older, in projects to provide child care under this Act. Such child care projects shall, to the extent practicable, be carried out in communities with child care shortages, as determined by the appropriate State agency designated under section 658D(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858b(a)). ``(b) Funding of Projects.--The Director may, using amounts available for experimental projects under section 502(e), provide for the development of special projects under subsection (a).''. TITLE II--TAX INCENTIVES FOR DEPENDENT CARE SEC. 201. EXPANSION OF CHILD AND DEPENDENT CARE CREDIT. (a) Increase in Credit Percentage for Low and Middle Income Workers.--Section 21(a)(2) of the Internal Revenue Code of 1986 (relating to credit for expenses for household and dependent care services necessary for gainful employment) is amended to read as follows: ``(2) Applicable percentage defined.--For purposes of paragraph (1), the term `applicable percentage' means 30 percent reduced (but not below 20 percent) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income exceeds $20,000.'' (b) Increase in Maximum Amount Creditable.--Section 21(c) of the Internal Revenue Code of 1986 (relating to dollar limit on amount creditable) is amended-- (1) by striking ``$2,400'' in paragraph (1) and inserting ``$3,600'', and (2) by striking ``$4,800'' in paragraph (2) and inserting ``$5,400''. (c) Phase-Out of Credit for Higher Income Taxpayers.-- (1) In general.--Section 21(c) of the Internal Revenue Code of 1986 (relating to dollar limit on amount creditable) is amended by adding at the end the following new paragraph: ``(2) Phaseout of credit.-- ``(A) In general.--The amount of the credit allowed under subsection (a) shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this paragraph equals the amount which bears the same ratio to the credit (determined without regard to this subsection) as-- ``(i) the excess of-- ``(I) the taxpayer's adjusted gross income for such taxable year, over ``(II) the threshold amount, bears to ``(ii) $10,000. Any amount determined under this subparagraph which is not a multiple of $10 shall be rounded to the next lowest $10. ``(C) Threshold amount.--For purposes of this paragraph, the term `threshold amount' means-- ``(i) $90,000 in the case of a joint return, ``(ii) $65,000 in the case of an individual who is not married, and ``(iii) $45,000 in the case of a married individual filing a separate return. For purposes of this subparagraph, marital status shall be determined under section 7703. ``(D) Adjusted gross income.--For purposes of this paragraph, adjusted gross income of any taxpayer shall be increased by any amount excluded from gross income under section 911, 931, or 933.'' (2) Conforming amendments.--Section 21(c) of such Code is amended-- (A) by striking ``(c) Dollar Limit on Amount Creditable.--The'' and inserting: ``(c) Limitations.-- ``(1) Dollar limit.--The'', (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and (C) by striking ``paragraph (1) or (2)'' in the last sentence and inserting ``subparagraph (A) or (B)''. (c) Effective Date.--The amendments made by this section apply to taxable years beginning after December 31, 1997. SEC. 202. EXPANSION OF HOME OFFICE DEDUCTION TO INCLUDE USE OF OFFICE FOR DEPENDENT CARE. (a) In General.--Section 280A(c)(1) of the Internal Revenue Code of 1986 (relating to certain business use) is amended by adding at the end the following: ``A portion of a dwelling unit and the exclusive use of such portion otherwise described in this paragraph shall not fail to be so described if such portion is also used by the taxpayer during such exclusive use to care for a dependent of the taxpayer.''. (b) Effective Date.--The amendment made by this section applies to taxable years beginning after December 31, 1997.

TABLE OF CONTENTS: Title I: General Expansion of Activities Title II: Tax Incentives for Dependent Care Child Care Expansion Act - Title I: General Expansion of Activities - Directs the Secretary of Health and Human Services to establish a small business child care grant program to assist States in providing funds to encourage the establishment and operation of employer-operated child care programs. Authorizes appropriations. (Sec. 102) Amends the Older Americans Act of 1965 and the Domestic Volunteer Service Act of 1973 (DVSA) to direct the Secretary of Labor (in carrying out the Older Americans Community Service Employment Program) and the Chief Executive Officer of the Corporation for National and Community Service, respectively, as well as any grantee or contractor, to take steps, including the development of appropriate special projects, to encourage the fullest participation of eligible older individuals (under DVSA, individuals age 55 or older) in projects to provide child care under such program. Requires that such child care projects, to the extent practicable, be carried out in communities with child care shortages. Title II: Tax Incentives for Dependent Care - Amends the Internal Revenue Code to increase the child and dependent care credit for specified low and middle income workers. Applies the home office tax deduction to the use of such home office for dependent care.

Child Care Expansion Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Guard and Reserve Soft Landing Reintegration Act''. SEC. 2. RETENTION ON ACTIVE DUTY AFTER DEMOBILIZATION OF RESERVES FOLLOWING EXTENDED DEPLOYMENTS IN CONTINGENCY OPERATIONS OR HOMELAND DEFENSE MISSIONS. (a) In General.--Chapter 1209 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 12323. Reserves: retention on active duty after demobilization following extended deployments in contingency operations or homeland defense missions ``(a) In General.--A member of a reserve component of the Armed Forces described in subsection (b) shall be retained on active duty in the Armed Forces for a period of 90 days following the conclusion of the member's demobilization from a deployment as described in that subsection, and shall be authorized the use of any accrued leave. ``(b) Covered Members.--A member of a reserve component of the Armed Forces described in this subsection is any member of a reserve component of the Armed Forces who was deployed for more than 179 days under the following: ``(1) A contingency operation. ``(2) A homeland defense mission (as specified by the Secretary of Defense for purposes of this section). ``(c) Pay and Allowances.--Notwithstanding any other provision of law, a member on active duty under subsection (a) shall be paid pay and allowances as follows: ``(1) For the first 30 days during which the member is so retained on active duty-- ``(A) the basic pay payable to a member of the Armed Forces under section 204 of title 37 in the same pay grade as the member; ``(B) the basic allowance for subsistence payable under section 402 of title 37; and ``(C) the basic allowance for housing payable under section 403 of title 37 for a member in the same pay grade, geographic location, and number of dependents as the member. ``(2) For the second 30 days during which the member is so retained on active duty, basic pay, basic allowance for subsistence, and basic allowance for housing as described in paragraph (1) but at rates equal to 75 percent of the rates otherwise payable as described in that paragraph. ``(3) For the third 30 days during which the member is so retained on active duty, basic pay, basic allowance for subsistence, and basic allowance for housing as described in paragraph (1) but at rates equal to 50 percent of the rates otherwise payable as described in that paragraph. ``(d) Release From Active Duty.--(1) A member retained on active duty under subsection (a) may be released from active duty at the request of the member at any time following the end of the 15-day period commencing on the date the member is retained on active duty under subsection (a). ``(2) The request of a member for release from active duty under this subsection shall be subject to the approval of the officer in the chain of command of the member in grade O-5. ``(e) Reintegration Counseling and Services.--(1) The Secretary of the military department concerned shall provide each member retained on active duty under subsection (a), while the member is so retained on active duty, counseling and services to assist the member in reintegrating into civilian life. ``(2) The counseling and services provided members under this subsection shall include the following: ``(A) Physical and mental health evaluations. ``(B) Employment counseling and assistance. ``(C) Marriage and family counseling and assistance. ``(D) Financial management counseling. ``(E) Education counseling. ``(F) Counseling and assistance on benefits available to the member through the Department of Defense and the Department of Veterans Affairs. ``(3) The Secretary of the military department concerned shall provide, to the extent practicable, for the participation of appropriate family members of members retained on active duty under subsection (a) in the counseling and services provided such members under this subsection. ``(4) The counseling and services provided to members under this subsection shall, to the extent practicable, be provided at National Guard armories and similar facilities close the residences of such members. ``(5) Counseling and services provided a member under this subsection shall, to the extent practicable, be provided in coordination with the Yellow Ribbon Reintegration Program of the State concerned under section 582 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 1209 of such title is amended by adding at the end the following new item: ``12323. Reserves: retention on active duty after demobilization following extended deployments in contingency operations or homeland defense missions.''.

National Guard and Reserve Soft Landing Reintegration Act - Requires that a member of a reserve component of the Armed Forces who was deployed for more than 179 days for a contingency operation or a homeland defense mission be: (1) retained on active duty in the Armed Forces for 90 days after the end of the member's demobilization from a deployment; (2) allowed to use accrued leave; and (3) paid specified pay and allowances. Allows a member to be released from such retention if the member requests release after the first 15 days of the retention. Directs the Secretary of the military department concerned to provide each member so retained (and, as practicable, appropriate family members) reintegration counseling and services.

A bill to amend title 10, United States Code, to provide for the retention on active duty after demobilization of members of the reserve components of the Armed Forces following extended deployments in contingency operations or homeland defense mission, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer and Small Business Energy Commission Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) there have been several sharp increases since 1990 in the price of electricity, gasoline, home heating oil, natural gas, and propane in the United States; (2) recent examples of such increases include-- (A) unusually high gasoline prices that are at least partly attributable to global politics; (B) electricity price spikes during the California energy crisis of 2001; and (C) the Midwest gasoline price spikes in spring 2001; (3) shifts in energy regulation, including the allowance of greater flexibility in competition and trading, have affected price stability and consumers in ways that are not fully understood; (4) price spikes undermine the ability of low-income families, the elderly, and small businesses (including farmers and other agricultural producers) to afford essential energy services and products; (5) energy price spikes can exacerbate a weak economy by creating uncertainties that discourage investment, growth, and other activities that contribute to a strong economy; (6) the Department of Energy has determined that the economy would be likely to perform better with stable or predictable energy prices; (7) price spikes can be caused by many factors, including insufficient inventories, supply disruptions, refinery capacity limits, insufficient infrastructure, over-regulation or under- regulation, flawed deregulation, excessive consumption, over- reliance on foreign supplies, insufficient research and development of alternative energy sources, opportunistic behavior by energy companies, and abuses of market power; (8) consumers and small businesses have few options other than to pay higher energy costs when prices spike, resulting in reduced investment and slower economic growth and job creation; (9) the effect of price spikes, and possible responses to price spikes, on consumers and small businesses should be examined; and (10) studies have examined price spikes of specific energy products in specific contexts or for specific reasons, but no study has examined price spikes comprehensively with a focus on the impacts on consumers and small businesses. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Consumer and Small Business Energy Commission established by section 4(a). (2) Consumer energy product.--The term ``consumer energy product'' means-- (A) electricity; (B) gasoline; (C) home heating oil; (D) natural gas; and (E) propane. (3) Consumer group focusing on energy issues.--The term ``consumer group focusing on energy issues'' means-- (A) an organization that is a member of the National Association of State Utility Consumer Advocates; (B) a nongovernmental organization representing the interests of residential energy consumers; and (C) a nongovernmental organization that-- (i) receives not more than \1/4\ of its funding from energy industries; and (ii) represent the interests of energy consumers. (4) Energy consumer.--The term ``energy consumer'' means an individual or small business that purchases 1 or more consumer energy products. (5) Energy industry.--The term ``energy industry'' means for-profit or not-for-profit entities involved in the generation, selling, or buying of any energy-producing fuel involved in the production or use of consumer energy products. (6) Executive committee.--The term ``Executive Committee'' means the executive committee of the Commission. (7) Small business.--The term ``small business'' has the meaning given the term ``small business concern'' in section 3(a) of the Small Business Act (15 U.S.C. 632(a)). SEC. 4. CONSUMER ENERGY COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Consumer and Small Business Energy Commission''. (b) Membership.-- (1) In general.--The Commission shall be comprised of 20 members. (2) Appointments by the senate and house of representatives.--The majority leader and minority leader of the Senate and the Speaker and minority leader of the House of Representatives shall each appoint 4 members, of whom-- (A) 2 shall represent consumer groups focusing on energy issues; (B) 1 shall represent small businesses; and (C) 1 shall represent the energy industry. (3) Appointments by the president.--The President shall appoint 1 member from each of-- (A) the Energy Information Administration of the Department of Energy; (B) the Federal Energy Regulatory Commission; (C) the Federal Trade Commission; and (D) the Commodities Future Trading Commission. (4) Date of appointments.--The appointment of a member of the Commission shall be made not later than 30 days after the date of enactment of this Act. (c) Term.--A member shall be appointed for the life of the Commission. (d) Initial Meeting.--The Commission shall hold the initial meeting of the Commission not later than the earlier of-- (1) the date that is 30 days after the date on which all members of the Commission have been appointed; or (2) the date that is 90 days after the date of enactment of this Act, regardless of whether all members have been appointed. (e) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission, excluding the members appointed under subparagraphs (B), (C), and (D) of subsection (b)(3). (f) Executive Committee.--The Commission shall have an executive committee comprised of all members of the Commission except the members appointed under subparagraphs (B), (C), and (D) of subsection (b)(3). (g) Information and Administrative Expenses.--The Federal agencies specified in subsection (b)(3) shall provide the Commission such information and pay such administrative expenses as the Commission requires to carry out this section, consistent with the requirements and guidelines of the Federal Advisory Commission Act (5 U.S.C. App.). (h) Duties.-- (1) Study.-- (A) In general.--The Commission shall conduct a nationwide study of significant price spikes in major United States consumer energy products since 1990. (B) Matters to be studied by the commission.--In conducting the study, the Commission shall-- (i) focus on the causes of the price spikes, including insufficient inventories, supply disruptions, refinery capacity limits, insufficient infrastructure, any over- regulation or under-regulation, flawed deregulation, excessive consumption, over- reliance on foreign supplies, insufficient research and development of alternative energy sources, opportunistic behavior by energy companies, and abuses of market power; (ii) examine the effects of price spikes on consumers and small businesses; (iii) investigate market concentration, opportunities for misuse of market power, and any other relevant market failures; and (iv) consider-- (I) proposals for administrative actions to mitigate price spikes affecting consumers and small businesses; (II) proposals for legislative action; and (III) proposals for voluntary actions by energy consumers and the energy industry. (2) Report.--Not later than 270 days after the date of enactment of this Act, the Executive Committee shall submit to Congress a report that contains-- (A) a detailed statement of the findings and conclusions of the Commission; and (B) recommendations for legislation, administrative actions, and voluntary actions by energy consumers and the energy industry to protect consumers from future price spikes in consumer energy products, including a recommendation on whether energy consumers need an advocate on energy issues within the Federal Government. (i) Termination.-- (1) Definition of legislative day.--In this subsection, the term ``legislative day'' means a day on which both Houses of Congress are in session. (2) Date of termination.--The Commission shall terminate on the date that is 30 legislative days after the date of submission of the report under subsection (h)(2).

Consumer and Small Business Energy Commission Act of 2003 - Establishes the Consumer and Small Business Energy Commission to study and report to Congress on significant price spikes in major United States consumer energy products since 1990.

A bill to establish a Consumer and Small Business Energy Commission to assess and provide recommendations regarding recent energy price spikes from the perspective of consumers and small businesses.

SECTION 1. REPEAL OF LIQUIDATION AUTHORITY. (a) In General.--Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act is hereby repealed and any Federal law amended by such title shall, on and after the effective date of this Act, be effective as if title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act had not been enacted. (b) Conforming Amendments.-- (1) Dodd-frank wall street reform and consumer protection act.--The Dodd-Frank Wall Street Reform and Consumer Protection Act is amended-- (A) in the table of contents for such Act, by striking all items relating to title II; (B) in section 151, by amending paragraph (2) to read as follows: ``(2) the term `financial company' means-- ``(A) any company that is incorporated or organized under any provision of Federal law or the laws of any State; ``(B) any company that is-- ``(i) a bank holding company, as defined in section 2(a) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(a)); ``(ii) a nonbank financial company supervised by the Board of Governors; ``(iii) any company that is predominantly engaged in activities that the Board of Governors has determined are financial in nature or incidental thereto for purposes of section 4(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(k)) other than a company described in clause (i) or (ii); or ``(iv) any subsidiary of any company described in any of clauses (i) through (iii) that is predominantly engaged in activities that the Board of Governors has determined are financial in nature or incidental thereto for purposes of section 4(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(k)) (other than a subsidiary that is an insured depository institution or an insurance company); ``(C) any company that is not a Farm Credit System institution chartered under and subject to the provisions of the Farm Credit Act of 1971, as amended (12 U.S.C. 2001 et seq.), a governmental entity, or a regulated entity, as defined under section 1303(20) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502(20)); and ``(D) includes an insured depository institution and an insurance company;''; (C) in section 165(d)(6), by striking ``, a receiver appointed under title II,''; (D) in section 716(g), by striking ``or a covered financial company under title II''; (E) in section 1105(e)(5), by striking ``amount of any securities issued under that chapter 31 for such purpose shall be treated in the same manner as securities issued under section 208(n)(5)(E)'' and inserting ``issuances of such securities under that chapter 31 for such purpose shall by treated as public debt transactions of the United States, and the proceeds from the sale of any obligations acquired by the Secretary under this paragraph shall be deposited into the Treasury of the United States as miscellaneous receipts''; and (F) in section 1106(c)(2), by amending subparagraph (A) to read as follows: ``(A) require the company to file a petition for bankruptcy under section 301 of title 11, United States Code; or''. (2) Federal deposit insurance act.--Section 10(b)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1820(b)(3)) is amended by striking ``, or of such nonbank financial company supervised by the Board of Governors or bank holding company described in section 165(a) of the Financial Stability Act of 2010, for the purpose of implementing its authority to provide for orderly liquidation of any such company under title II of that Act''. (3) Federal reserve act.--Section 13(3) of the Federal Reserve Act is amended-- (A) in subparagraph (B)-- (i) in clause (ii), by striking ``, resolution under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act, or'' and inserting ``or is subject to resolution under''; and (ii) in clause (iii), by striking ``, resolution under title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act, or'' and inserting ``or resolution under''; and (B) by striking subparagraph (E).

. (Sec. 1) This bill amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to repeal Title II (Orderly Liquidation Authority), concerning the bankruptcy of financial institutions, and makes conforming amendments to the Federal Deposit Insurance Act and the Federal Reserve Act.

To repeal title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Block Grant Performance Standards Act of 1995''. SEC. 2. ADMINISTRATION OF BLOCK GRANTS. Chapter 73 of title 31, United States Code, is amended by adding at the end thereof the following new subchapter: ``SUBCHAPTER II--CONDITIONS APPLICABLE TO BLOCK GRANTS ``Sec. 7321. Purposes ``The purposes of this subchapter are to-- ``(1) enable more efficient use of Federal, State, and local resources; ``(2) establish accountability for achieving the purposes of block grant programs; and ``(3) establish effective partnerships to address critical issues of public interest. ``Sec. 7322. Definitions ``For purposes of this subchapter, the term-- ``(1) `block grant program' means a program in which Federal funds are directly allocated to States, localities, or other recipients for use at the discretion of such States, localities, or recipients in meeting stated Federal purposes; and ``(2) `plan' means a block grant strategic plan described under section 7324. ``Sec. 7323. Requirement of approved block grant strategic plans ``No payment may be paid under any block grant program to any eligible entity unless such entity has submitted and received approval for a plan. ``Sec. 7324. Block grant strategic plans ``The head of an agency administering a block grant program shall designate the criteria that shall be included in a block grant strategic plan. At a minimum, each plan shall contain-- ``(1) a description of goals and objectives, including outcome related goals and objectives for each of the designated program activities for each of the first 6 fiscal years of the plan; ``(2) a description of how the goals and objectives are to be achieved, including a description of the operational processes, skills and technology, and the human, capital, information and other objectives required to meet the goals and objectives for the current fiscal year; ``(3) a description of performance indicators to be used in measuring or assessing the relevant output service levels and outcomes of each of the mandatory program activities; and ``(4) a description of the program evaluation to be used in comparing actual results with established goals and objectives, and the designation of results as highly successful or failing to meet the goals and objectives of the program. ``Sec. 7325. Review and approval of block grant strategic plans ``After receipt of a plan, the head of an agency shall-- ``(1) no later than 90 days after the receipt of the application, approve or disapprove all or part of the plan; ``(2) no later than 15 days after the date of such approval or disapproval, notify the applicant in writing of the approval or disapproval; and ``(3) in the case of any disapproval of a plan, include a written justification of the reasons for disapproval in the written notice of disapproval. ``Sec. 7326. Community advisory committees ``(a) An entity applying for a block grant shall establish a community advisory committee in accordance with this section. ``(b) A community advisory committee shall advise an applicant in the development and implementation of a plan, including advice with respect to-- ``(1) conducting public hearings; and ``(2) receiving comment and reviews from communities affected by the plan. ``(c) Membership of the community advisory committee shall include-- ``(1) persons with leadership experience in private business and voluntary organizations; ``(2) elected officials representing jurisdictions included in the plan; ``(3) representatives of participating qualified organizations; ``(4) the general public; and ``(5) individuals and representatives of community organizations who shall help to enhance the leadership role of the local government in developing a plan. ``(d) Before submitting an application for approval, or any reports required as a condition of receiving any payment under a block grant program, the applicant shall submit such application or report to the community advisory committee for review and comment. Any comments of the committee shall be submitted with the application or report to the head of an agency. ``Sec. 7327. Technical and other assistance ``The head of an agency administering a block grant program may provide technical assistance to applicants for block grants in developing information necessary for the design or implementation of a plan. ``Sec. 7328. Conditional termination or alteration of block grant strategic plan ``(a) The head of an agency administering a block grant program shall establish procedures by regulation for implementing penalties of not less than 5 percent of the grant a recipient would otherwise receive for failing to meet the goals and objectives included in the plan for a block grant. ``(b) The head of an agency shall establish procedures by regulation for-- ``(1) suspending the grant a recipient would otherwise receive for a period of 3 years for failure for 2 consecutive years to meet the goals and objectives included in the plan for a block grant; and ``(2) reallocating the amount of the grant a recipient would otherwise receive to other governmental or nonprofit institutions within the plan. ``Sec. 7329. Administration with other conditions of block grant programs ``The provisions of this subchapter (including all conditions and requirements) shall supersede any other provision of law relating to the administration of any block grant program only to the extent of any inconsistency with such other provision.''. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) Table of Sections.--Chapter 73 of title 31, United States Code, is amended by striking out the chapter heading and the table of sections and inserting in lieu thereof the following: ``CHAPTER 73--ADMINISTERING BLOCK GRANTS ``SUBCHAPTER I--BLOCK GRANT AMOUNTS ``Sec. ``7301. Purpose. ``7302. Definitions. ``7303. Reports and public hearings on proposed uses of amounts. ``7304. Availability of records. ``7305. State auditing requirements. ``SUBCHAPTER II--CONDITIONS APPLICABLE TO BLOCK GRANTS ``7321. Purposes. ``7322. Definitions. ``7323. Requirement of approved block grant strategic plans. ``7324. Block grant strategic plans. ``7325. Review and approval of block grant strategic plans. ``7326. Community advisory committees. ``7327. Technical and other assistance. ``7328. Conditional termination or alteration of block grant strategic plan. ``7329. Administration with other conditions of block grant programs. ``SUBCHAPTER I--BLOCK GRANT AMOUNTS''. (b) Chapter References.--Chapter 73 of title 31, United States Code, is amended-- (1) in section 7301 in the matter preceding paragraph (1) by striking out ``chapter'' and inserting in lieu thereof ``subchapter''; and (2) in section 7302 in the matter preceding paragraph (1) by striking out ``chapter'' and inserting in lieu thereof ``subchapter''. SEC. 4. EFFECTIVE DATE. This Act shall take effect on October 1, 1997, and shall apply to payments under block grant programs on and after such date.

Block Grant Performance Standards Act of 1995 - Amends Federal law to establish performance criteria to be included in a block grant strategic plan. Requires an entity applying for a block grant to establish a community advisory committee to advise the entity in the development and implementation of a plan.

Block Grant Performance Standards Act of 1995

SECTION 1. CENTER FOR WOMEN VETERANS. (a) In General.--(1) Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 318. Center for Women Veterans ``(a) There is in the Department a Center for Women Veterans. There is at the head of the Center a Director. ``(b) The Director shall be a noncareer appointee in the Senior Executive Service. The Director shall be appointed for a term of six years. ``(c) The Director reports directly to the Secretary or the Deputy Secretary concerning the activities of the Center. ``(d) The Director shall perform the following functions with respect to veterans who are women: ``(1) Serve as principal adviser to the Secretary on the adoption and implementation of policies and programs affecting veterans who are women. ``(2) Make recommendations to the Secretary, the Under Secretary for Health, the Under Secretary for Benefits, and other Department officials for the establishment or improvement of programs in the Department for which veterans who are women are eligible. ``(3) Promote the use of benefits authorized by this title by veterans who are women and the conduct of outreach activities to veterans who are women, in conjunction with outreach activities carried out under chapter 77 of this title. ``(4) Disseminate information and serve as a resource center for the exchange of information regarding innovative and successful programs which improve the services available to veterans who are women. ``(5) Conduct and sponsor appropriate social and demographic research on the needs of veterans who are women and the extent to which programs authorized under this title meet the needs of those veterans, without regard to any law concerning the collection of information from the public. ``(6) Analyze and evaluate complaints made by or on behalf of veterans who are women about the adequacy and timeliness of services provided by the Department and advise the appropriate official of the Department of the results of such analysis or evaluation. ``(7) Consult with, and provide assistance and information to, officials responsible for administering Federal, State, local, and private programs that assist veterans, to encourage those officials to adopt policies which promote the use of those programs by veterans who are women. ``(8) Advise the Secretary when laws or policies have the effect of discouraging the use of benefits by veterans who are women. ``(9) Publicize the results of medical research which are of particular significance to veterans who are women. ``(10) Advise the Secretary and other appropriate officials on the effectiveness of the Department's efforts to accomplish the goals of section 492B of the Public Health Service Act (relating to the inclusion of women and minorities in clinical research) and of particular health conditions affecting womens' health which should be studied as part of the Department's medical research program and promote cooperation between the Department and other sponsors of medical research of potential benefit to veterans who are women. ``(11) Provide support and administrative services to the Advisory Committee on Women Veterans established under section 542 of this title. ``(12) Perform such other duties consistent with this section as the Secretary shall prescribe. ``(e) The Secretary shall ensure that the Director is furnished sufficient resources to enable the Director to carry out the functions of the Center in a timely manner. ``(f) The Secretary shall include in documents submitted to Congress by the Secretary in support of the President's budget for each fiscal year-- ``(1) detailed information on the budget for the Center; ``(2) the Secretary's opinion as to whether the resources (including the number of employees) proposed in the budget for that fiscal year are adequate to enable the Center to comply with its statutory and regulatory duties; and ``(3) a report on the activities and significant accomplishments of the Center during the preceding fiscal year.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``318. Center for Women Veterans.''. (b) Conforming Amendment.--Section 317(c) of such title is amended-- (1) by striking out ``who is--'' and inserting in lieu thereof ``who is any of the following:''; (2) by striking out the semicolon at the end of paragraphs (1) through (4) and inserting in lieu thereof a period; (3) by striking out ``; or'' at the end of paragraph (5) and inserting in lieu thereof a period; and (4) by striking out paragraph (6). SEC. 2. MEETINGS OF ADVISORY COMMITTEE ON WOMEN VETERANS. Section 542(a) of title 38, United States Code, is amended by adding at the end the following: ``(4) The Committee shall meet as often as the Secretary considers necessary or appropriate, but not less often than twice each fiscal year.''. Passed the House of Representatives June 13, 1994. Attest: DONNALD K. ANDERSON, Clerk.

Establishes in the Department of Veterans Affairs a Center for Women Veterans, headed by a Director. Specifies duties of the Director, including: (1) providing advice on and making recommendations with respect to the adoption and implementation of policies and programs affecting women veterans; (2) promoting the use of, and disseminating information concerning, benefits available to women veterans; (3) conducting research on the needs of women veterans; and (4) providing support and administrative services to the Advisory Committee on Women Veterans. Requires the Secretary of Veterans Affairs to: (1) ensure that the Director is furnished sufficient resources to carry out Center functions; and (2) include in annual budget documents submitted to the Congress information with respect to Center budget, activities, and accomplishments. Deletes female veterans from the list of minority group members for whom the Chief Minority Affairs Officer has special responsibility. Requires the Advisory Committee to meet as often as considered necessary or appropriate by the Secretary, but no less often than twice each fiscal year.

To amend title 38, United States Code, to establish a Women's Bureau in the Department of Veterans Affairs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing the Quality of Parental Legal Representation Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) In the Strengthening Abuse and Neglect Courts Act of 2000, the Congress found that ``under both Federal and State law, the courts play a crucial and essential role in the Nation's child welfare system and in ensuring safety, stability, and permanence for abused and neglected children under the supervision of that system''. (2) Child outcomes are improved and courts function more effectively when all parties have quality legal representation. Analysis of data from programs in New York and Michigan revealed that more than 50 percent of children avoided unnecessary foster care placement when all parties received high quality representation. According to the American Bar Association, a pilot program in the State of Washington to improve representation for parents resulted in ``a 53.3 percent increase in the rate of reunification''. (3) In New York, children placed in foster care whose parents receive high quality legal representation spent on average 4.5 months in placement compared to a statewide average of 2\1/2\ years and re-entry rates of 1 percent compared to 15 percent statewide. (4) According to the American Bar Association, the cost per family for high quality legal services in New York was approximately $6,000 over the life of a case as compared to anywhere from $29,000 to $66,000 for 1 year of foster care for a child in New York City in 2010. (5) Training and standards of representation are necessary to ensure qualified representation. According to the American Bar Association Center on Children and the Law, parental representation is ``often substandard, resulting in the failure of due process in these cases. As a result, numerous children are needlessly separated from their parents for extended periods of time and in many cases families are permanently severed through termination of parental rights orders'' and most states have no standard training requirements for attorneys representing parents in their state. SEC. 3. AMENDMENTS TO THE COURT IMPROVEMENT PROGRAM. (a) Provision of Legal Representation for Parents and Legal Guardians With Respect to Child Welfare Cases.--Section 438(a) of the Social Security Act (42 U.S.C. 629h(a)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4)(B), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(5) to provide legal representation for parents and legal guardians with respect to proceedings described in paragraph (1).''. (b) Application.--Section 438(b) of such Act (42 U.S.C. 629h(b)) is amended-- (1) in paragraph (1)-- (A) by striking ``and'' at the end of subparagraph (B); (B) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (C) by adding at the end the following: ``(D) in the case of a grant for any purpose described in subsection (a)(5)-- ``(i) a description of how the grant will be used to provide legal representation to parents and legal guardians; ``(ii) a description of how the court will prioritize the provision of legal representation, including how and when attorneys will be assigned to represent a parent or legal guardian; and ``(iii) a description of how courts and child welfare agencies on the local and State levels will collaborate and jointly plan for the collection and sharing of all relevant data and information to demonstrate how increased quality representation of parents and legal guardians with respect to child welfare cases will improve child and family outcomes.''; and (2) in paragraph (2)-- (A) in subparagraph (C), by striking ``or''; (B) in subparagraph (D), by striking ``and (C)'' and inserting ``(C), and (D)''; and (C) by redesignating subparagraph (D) as subparagraph (E); and (D) by inserting after subparagraph (C) the following: ``(D) the purpose described in subsection (a)(5); or''. (c) Amount of Grant.--Section 438(c)(1) is amended by striking ``and (C)'' and inserting ``(C), and (D)''. (d) Allocation of Funds.--Section 438(c)(3)(A) of such Act (42 U.S.C. 629h(c)(3)(A)) is amended-- (1) by striking ``and'' at the end of clause (iii); (2) by redesignating clause (iv) as clause (v); and (3) by inserting after clause (iii) the following: ``(iv) $10,000,000 for grants for the purpose described in subsection (a)(5); and''. (e) Funding.--Section 436 of such Act (42 U.S.C. 629g) is amended-- (1) in subsection (a), by striking ``$345,000,000'' and inserting ``$355,000,000''; and (2) in subsection (b)(2), by striking ``$30,000,000'' and inserting ``$40,000,000''.

Enhancing the Quality of Parental Legal Representation Act of 2011 - Amends title IV (Temporary Aid to Needy Families) (TANF) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to make grants to the highest state courts to enable them to provide legal representation for parents and legal guardians with respect to child welfare cases. Increases funding for discretionary and targeted grants.

To provide funds to State courts for the provision of legal representation to parents and legal guardians with respect to child welfare cases.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Parental Choice in Television Act of 1995''. SEC. 2. PARENTAL CHOICE IN TELEVISION PROGRAMMING. (a) Findings.--The Congress makes the following findings: (1) Television influences children's perception of the values and behavior that are common and acceptable in society. (2) Television station operators, cable television system operators, and video programmers should follow practices in connection with video programming that take into consideration that television broadcast and cable programming has established a uniquely pervasive presence in the lives of American children. (3) The average American child is exposed to 25 hours of television each week and some children are exposed to as much as 11 hours of television a day. (4) Studies have shown that children exposed to violent video programming at a young age have a higher tendency for violent and aggressive behavior later in life that children not so exposed, and that children exposed to violent video programming are prone to assume that acts of violence are acceptable behavior. (5) Children in the United States are, on average, exposed to an estimated 8,000 murders and 100,000 acts of violence on television by the time the child completes elementary school. (6) Studies indicate that children are affected by the pervasiveness and casual treatment of sexual material on television, eroding the ability of parents to develop responsible attitudes and behavior in their children. (7) Parents express grave concern over violent and sexual video programming and strongly support technology that would give them greater control to block video programming in the home that they consider harmful to their children. (8) There is a compelling governmental interest in empowering parents to limit the negative influences of video programming that is harmful to children. (9) Providing parents with timely information about the nature of upcoming video programming and with the technological tools that allow them easily to block violent, sexual, or other programming that they believe harmful to their children is the least restrictive and most narrowly tailored means of achieving that compelling governmental interest. (b) Establishment of Television Rating Code.--Section 303 of the Act (47 U.S.C. 303) is amended by adding at the end the following: ``(v) Prescribe-- ``(1) on the basis of recommendations from an advisory committee established by the Commission that is composed of television broadcasters, television programming producers, cable operators, appropriate public interest groups, and other interested individuals from the private sector and that is fairly balanced in terms of the points of view represented and the functions to be performed by the committee, rules to identify and rate video programming that contains sexual, violent, or other material about which parents should be informed before it is displayed to children; and ``(2) rules requiring the transmission by distributors of video programming of signals that contain an identification of the rating (pursuant to the rules prescribed under paragraph (1)) of the programming being distributed and that permit parents to block the display of video programming that they have determined is inappropriate for their children.''. (c) Requirement for Manufacture of Televisions That Block Programs.--Section 303 of the Act, as amended by subsection (a), is further amended by adding at the end the following: ``(w) Require, in the case of apparatus designed to receive television signals that are manufactured in the United States or imported for use in the United States and that have a picture screen 13 inches or greater in size (measured diagonally), that such apparatus-- ``(1) be equipped with circuitry designed to enable viewers to block the display of channels, programs, and time slots; and ``(2) enable viewers to block display of all programs with a common rating.''. (d) Shipping or Importing of Televisions That Block Programs.-- (1) Regulations.--Section 330 of the Communications Act of 1934 (47 U.S.C. 330) is amended-- (A) by redesignating subsection (c) as subsection (d); and (B) by adding after subsection (b) the following new subsection (c): ``(c)(1) Except as provided in paragraph (2), no person shall ship in interstate commerce, manufacture, assemble, or import from any foreign country into the United States any apparatus described in section 303(w) of this Act except in accordance with rules prescribed by the Commission pursuant to the authority granted by that section. ``(2) This subsection shall not apply to carriers transporting apparatus referred to in paragraph (1) without trading it. ``(3) The rules prescribed by the Commission under this subsection shall provide for the oversight by the Commission of the adoption of standards by industry for blocking technology. Such rules shall require that all such apparatus be able to receive the rating signals which have been transmitted by way of line 21 of the vertical blanking interval and which conform to the signal and blocking specifications established by industry under the supervision of the Commission. ``(4) As new video technology is developed, the Commission shall take such action as the Commission determines appropriate to ensure that blocking service continues to be available to consumers.''. (2) Conforming amendment.--Section 330(d) of such Act, as redesignated by subsection (a)(1), is amended by striking ``section 303(s), and section 303(u)'' and inserting in lieu thereof ``and sections 303(s), 303(u), and 303(w)''. (e) Applicability and Effective Dates.-- (1) Applicability of rating provision.--The amendment made by subsection (b) of this section shall take effect 1 year after the date of enactment of this Act, but only if the Commission determines, in consultation with appropriate public interest groups and interested individuals from the private sector, that distributors of video programming have not, by such date-- (A) established voluntary rules for rating video programming that contains sexual, violent, or other material about which parents should be informed before it is displayed to children, and such rules are acceptable to the Commission; and (B) agreed voluntarily to broadcast signals that contain ratings of such programming. (2) Effective date of manufacturing provision.--In prescribing regulations to implement the amendment made by subsection (c), the Federal Communications Commission shall, after consultation with the television manufacturing industry, specify the effective date for the applicability of the requirement to the apparatus covered by such amendment.

Parental Choice in Television Act of 1995 - Directs the Federal Communications Commission (FCC) to prescribe rules that: (1) on the basis of recommendations from an advisory committee, identify and rate video programming that contains sexual, violent, or other material about which parents should be informed; and (2) require distributors of video programming to transmit signals that contain the rating of the program being distributed and permit parents to block the display of the video programming. Voids such requirement if program distributors, within one year, have established voluntary rules to the same effect. Directs the FCC to require televisions with a picture screen 13 inches or greater which are manufactured or imported for use in the United States to be equipped with circuitry designed to enable viewers to block the display of channels, time slots, and programs, as well as allow viewers to block displays of all programs with a common rating. Prohibits the shipment in interstate commerce, the manufacture, the assembly, or the importation from any foreign country into the United States of any such televisions except in accordance with FCC rules. Exempts those carriers who are not trading the televisions. Directs the FCC to prescribe rules providing for FCC oversight of the blocking standards adopted by the industry and requiring that every television with a picture screen 13 inches or greater will be able to receive ratings signals that conform to the signal and blocking specifications established by industry.

Parental Choice in Television Act of 1995

TITLE I--OVERTIME RIGHTS PROTECTION SEC. 101. CLARIFICATION OF REGULATIONS RELATING TO OVERTIME COMPENSATION. Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) is amended by adding at the end the following: ``(k)(1) Notwithstanding the provisions of subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly referred to as the Administrative Procedures Act) or any other provision of law, any portion of the final rule promulgated on April 23, 2004, revising part 541 of title 29, Code of Federal Regulations, that exempts from the overtime pay provision of section 7 of this Act any employee who would not otherwise be exempt if the regulations in effect on March 31, 2003, remained in effect, shall have no force or effect and that portion of such regulations (as in effect on March 31, 2003) that would prevent such employee from being exempt shall be reinstated. ``(2) The Secretary shall adjust the minimum salary level for exemption under section 13(a)(1) in the following manner: ``(A) Not later than 60 days after the date of enactment of this subsection, the Secretary shall increase the minimum salary level for exemption under subsection (a)(1) for executive, administrative, and managerial occupations from the level of $155 per week in 1975 to $591 per week (an amount equal to the increase in the Employment Cost Index (published by the Bureau of Labor Statistics) for executive, administrative, and managerial occupations between 1975 and 2005). ``(B) Not later than December 31 of the calendar year following the increase required in subparagraph (A), and each December 31 thereafter, the Secretary shall increase the minimum salary level for exemption under subsection (a)(1) by an amount equal to the increase in the Employment Cost Index for executive, administrative, and managerial occupations for the year involved.''. TITLE II--FAIR MINIMUM WAGE SEC. 111. MINIMUM WAGE. (a) In General.--Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows: ``(1) except as otherwise provided in this section, not less than-- ``(A) $5.85 an hour, beginning on the 60th day after the date of enactment of this paragraph; ``(B) $6.55 an hour, beginning 12 months after that 60th day; and ``(C) $7.25 an hour, beginning 24 months after that 60th day;''. (b) Effective Date.--The amendment made by subsection (a) shall take effect 60 days after the date of enactment of this Act. TITLE III--SENSE OF THE SENATE REGARDING MULTIEMPLOYER PENSION PLANS SEC. 121. SENSE OF THE SENATE REGARDING MULTIEMPLOYER PENSION PLANS. (a) Findings.--The Senate makes the following findings: (1) Multiemployer pension plans have been a major force in the delivery of employee benefits to active and retired American workers and their dependents for over half a century. (2) There are approximately 1,700 multiemployer defined benefit pension plans in which approximately 9,700,000 workers and retirees participate. (3) Three-quarters of the approximately 60,000 to 65,000 employers that participate in multiemployer plans have fewer that 100 employees. (4) Multiemployer plans allow for greater access and affordability for smaller employers and pension portability for their employees as they move from one job to another, and permit workers to earn a pension where they might otherwise not be able to do so. (5) The 2000-2002 drop in the stock market and decline in equity values has affected all investors, including multiemployer plans. (6) The decline in value sustained by multiemployer defined benefit pension plans have threatened the stability of this private sector source of secure retirement income. (7) Participating employers could face onerous excise taxes and other penalties as a result of the serious, adverse financial impact due to these market losses. (8) In 2004, the United States Senate recognized the severity of this situation and passed by an overwhelmingly, large bipartisan margin of 86 to 9 temporary relief provisions for single and multiemployer defined benefit pension plans. (b) Sense of the Senate.--It is the sense of the Senate that the Senate-- (1) expresses its strong support for multiemployer defined benefit pension plans; (2) recognizes the importance of an environment in which multiemployer plans can continue their vital role in providing benefits to working men and women; (3) recognizes that multiemployer pension plan relief must be designed for the multiemployer labor-relations environment that supports the plans; and (4) supports legislation to strengthen and protect the viability of multiemployer pension plans for the continued benefit of current and retired members, and their families and survivors, and to strengthen the ability of all plans to address funding problems that occur.

Amends the Fair Labor Standards Act of 1938 (FLSA) to deny any force or effect to any portion of a rule promulgated on April 23, 2004, that has the effect of exempting from FLSA overtime compensation requirements (which limit maximum hours at regular compensation) any employee who would not otherwise be exempted if regulations in effect on March 31, 2003, remained in effect. Reinstates that portion of such regulations that would prevent such an employee from being exempt. Directs the Secretary of Labor to increase, in a specified manner, the minimum salary level for the exemption for executive, administrative, and managerial occupations from FLSA overtime compensation requirements. Amends the FLSA to increase the Federal minimum wage to: (1) $5.85 an hour, beginning on the 60th day after enactment of this Act; (2) $6.55 an hour, beginning 12 months after that 60th day; and (3) $7.25 an hour, beginning 24 months after that 60th day. Expresses the sense of the Senate regarding multiemployer pension plans.

A bill to provide fair wages for America's workers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mni Wiconi Project Act Amendments of 2013''. SEC. 2. OTHER AGENCY ASSISTANCE. The Mni Wiconi Project Act of 1988 (Public Law 100-516; 102 Stat. 2566; 108 Stat. 4543) is amended by inserting after section 3B the following: ``SEC. 3C. PLANS FOR COMPLETING THE OGLALA SIOUX RURAL WATER SUPPLY SYSTEM, ROSEBUD SIOUX RURAL WATER SYSTEM, AND LOWER BRULE SIOUX RURAL WATER SYSTEM. ``(a) Plans for Completion.-- ``(1) In general.--In consultation with the Oglala Sioux Tribe, the Rosebud Sioux Tribe, and the Lower Brule Sioux Tribe, as applicable, and the Federal agency heads listed in subsection (b)(1), the Secretary shall develop plans to complete the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System. ``(2) Contents.--The plan for each water supply system described in paragraph (1) shall require-- ``(A) the completion of remaining components of the applicable system in accordance with the Final Engineering Report dated May 1993; ``(B) the improvement, repair, and replacement of existing water systems; and ``(C) the transfer of those existing water systems to the United States, to be held in trust for the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe, as applicable, and made part of the applicable rural water system. ``(3) Submission to congress.--Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives-- ``(A) a copy of each plan developed under this subsection, including a schedule for full implementation of the plan that shall not exceed a period of 15 years after the date of enactment of this section; ``(B) a report that includes-- ``(i) a description of the roles and responsibilities of each of the heads of the Federal agencies listed in subsection (b)(1) (including the Commissioner of the Bureau of Reclamation) relating to the completion of the water supply systems, including with respect to the improvement, repair, and replacement of the existing water systems before and after transfer; ``(ii) the program authorities of each Federal agency listed in subsection (b)(1) and a description of how the heads of the Federal agencies will work together to complete and implement the plans; and ``(iii) the amount of funding and any other need the Secretary determines to be necessary to complete and implement the plans; and ``(C) as applicable, a description of the roles and responsibilities of the heads of other Federal agencies that have existing authorities to provide assistance to the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe. ``(b) Interagency Agreements.-- ``(1) In general.--Notwithstanding any other provision of law, the Secretary shall enter into agreements with the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, the Secretary of Health and Human Services, and the Secretary of Housing and Urban Development-- ``(A) to fulfill the trust responsibility of the United States; and ``(B) to complete the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System in accordance with the Final Engineering Report dated May 1993, including the transfer of existing water systems, as set forth in the plans for completion developed under subsection (a). ``(2) Cooperation.-- ``(A) In general.--The heads of the Federal agencies described in paragraph (1) shall assist the Secretary in completing the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System pursuant to sections 3(a), 3A(a), and 3B(a), respectively, including by-- ``(i) improving, repairing, and replacing existing water systems as set forth in the plans developed under subsection (a); and ``(ii) constructing new rural water facilities, service lines, and other necessary features. ``(B) Administrator of the environmental protection agency.--The Administrator of the Environmental Protection Agency shall assist the Secretary in meeting the environmental and safe drinking water needs of the Pine Ridge Indian Reservation, the Rosebud Indian Reservation, and the Lower Brule Indian Reservation, including through compliance with the Safe Drinking Water Act (42 U.S.C. 300f et seq.). ``(C) Secretary of health and human services.--The Secretary of Health and Human Services shall assist the Secretary in meeting the water supply and public health needs of the Pine Ridge Indian Reservation, the Rosebud Indian Reservation, and the Lower Brule Indian Reservation, including through compliance with the Act of August 5, 1954 (commonly known as the `Indian Sanitation Facilities Act') (42 U.S.C. 2001 et seq.). ``(D) Secretary of housing and urban development.-- The Secretary of Housing and Urban Development shall assist the Secretary by carrying out projects to connect houses that are eligible for funding from the Department of Housing and Urban Development on the reservations of the Oglala Sioux Tribe, the Rosebud Sioux Tribe, and the Lower Brule Sioux Tribe, through plumbing, water pipes, appurtenances, and interconnections to the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System, respectively, to meet the water conservation standards of those water supply systems. ``(3) Livestock distribution systems.-- ``(A) In general.--The Secretary and the Secretary of Agriculture shall, through the use of authorities of the Bureau of Indian Affairs and the Department of Agriculture, respectively, complete, during a period not to exceed 15 years after the date of enactment of this section, the livestock distribution system for the Oglala Sioux Rural Water Supply System and the Rosebud Sioux Rural Water System, consistent with the Final Engineering Report dated May 1993. ``(B) Administration.--For each water supply system described in subparagraph (A), the Secretary shall enter into agreements with the Secretary of Agriculture and the Director of the Bureau of Indian Affairs that set forth the specific responsibilities of each agency concerning the construction of the livestock distribution systems. ``(4) Lead agency.--The Department of the Interior, acting through the Bureau of Reclamation, shall act as the lead agency in carrying out this section. ``(5) Administration.-- ``(A) In general.--Each agency head shall carry out the duties of the agency head under this subsection out of amounts made available to the agency head under annual appropriations and existing authorities. ``(B) Authorization of use of other federal agency funds.--Amounts made available to agencies other than the Bureau of Reclamation may also be used to carry out this Act. ``(C) Additional funding requests.--Nothing in this subsection prohibits the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe from applying for, seeking, or obtaining amounts from the Federal agencies referred to in paragraph (1) for any other purpose. ``(c) Upgrading Standards for Connecting Homes.--The Director of the Bureau of Indian Affairs shall, through the use of existing programs and annual appropriations, assist the Secretary in completing the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System by constructing, repairing, and upgrading plumbing fixtures, skirting, and other necessary features, such as septic tanks and drainfields, to ensure that houses within the service areas are able to meet the standards for connecting to those water systems.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) Planning, Design, and Construction.--Section 10(a) of the Mni Wiconi Project Act of 1988 (Public Law 100-516; 102 Stat. 2571; 108 Stat. 4545; 116 Stat. 3033; 121 Stat. 1954) is amended-- (1) in the first sentence, by striking ``and $58,800,000 (based on October 1, 1997 price levels)'' and inserting ``, $58,800,000 (based on October 1, 1997 price levels), and $14,308,000 (based on October 1, 2011 price levels)''; (2) in the second sentence, by striking ``2013'' and inserting ``2016''; and (3) in the third sentence, by striking ``and October 1, 1997 (with respect to the $58,800,000)'' and inserting ``, October 1, 1997 (with respect to the $58,800,000), and October 1, 2011 (with respect to the $14,308,000)''. (b) Operation and Maintenance of Oglala Sioux Rural Water Supply System, Rosebud Sioux Rural Water Supply System, and Lower Brule Sioux Water Supply System.--Section 10(b) of the Mni Wiconi Project Act of 1988 (Public Law 100-516; 102 Stat. 2571; 108 Stat. 4545) is amended-- (1) in the first sentence, by striking ``There are'' and inserting the following: ``(1) Operation and maintenance.-- ``(A) In general.--There are''; (2) in the second sentence, by striking ``The operation'' and inserting the following: ``(B) West river and lyman-jones rural water systems.-- ``(i) In general.--The operation''; (3) in the third sentence, by striking ``Such fee'' and inserting the following: ``(ii) Fee basis.--The fee described in clause (i)''; (4) in the fourth sentence, by striking ``Such operation and maintenance payments'' and inserting the following: ``(iii) Adjustment of payments.--The operation and maintenance payments under this subparagraph''; and (5) by adding after paragraph (1) (as so designated) the following: ``(2) Community water systems upgrades.-- ``(A) In general.--After the date on which public or tribal water systems on the Pine Ridge Indian Reservation, the Rosebud Indian Reservation, and the Lower Brule Indian Reservation that are in existence on the date of enactment of this paragraph have been brought up to the standards for the water systems established in the plans developed under section 3C(a), but not later than 15 years after the date of enactment of this paragraph, title to each of the water systems shall be transferred to the United States, to be held in trust for the benefit of the applicable Indian tribe, on the request of the Oglala Sioux Tribe, the Rosebud Sioux Tribe, or the Lower Brule Sioux Tribe, as applicable, and the owner of the water system. ``(B) Improvements and repairs and replacement.-- The Secretary shall use amounts authorized to be appropriated under paragraph (1) for the improvement, repair, and replacement of any water system that is transferred or proposed, by request of the owner of the water system, to be transferred and improved under subparagraph (A).''. SEC. 4. OFFSET. Notwithstanding any other provision of law, in the case of the project authorized by section 1617 of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h-12c), the maximum amount of the Federal share of the cost of the project under section 1631(d)(1) of that Act (43 U.S.C. 390h-13(d)(1)) otherwise available as of the date of enactment of this Act shall be reduced by $15,000,000. Passed the Senate December 16, 2014. Attest: Secretary. 113th CONGRESS 2d Session S. 684 _______________________________________________________________________ AN ACT To amend the Mni Wiconi Project Act of 1988 to facilitate completion of the Mni Wiconi Rural Water Supply System, and for other purposes.

Mni Wiconi Project Act Amendments of 2013 - (Sec. 2) Amends the Mni Wiconi Project Act of 1988 to direct the Secretary of the Interior (Secretary) to develop plans for completing, and to enter into agreements with specified agency heads to complete, the Oglala Sioux Rural Water Supply System, the Rosebud Sioux Rural Water System, and the Lower Brule Sioux Rural Water System. Requires such plans to require: (1) the completion of remaining components of the applicable system in accordance with the Final Engineering Report dated May 1993; (2) the improvement, repair, and replacement of existing water systems; and (3) the transfer of those existing water systems to the United States, to be held in trust for the applicable tribe and made part of the applicable rural water system. Requires the Secretary to enter into agreements with the Administrator of the Environmental Protection Agency (EPA), the Secretary of Agriculture (USDA), the Secretary of Health and Human Services (HHS), and the Secretary of Housing and Urban Development (HUD) to fulfill the trust responsibility of the United States and to complete such water systems in accordance with such Report, including the transfer of existing water systems, as set forth in such plans. Requires: (1) the Administrator to assist the Secretary in meeting the environmental and safe drinking water needs of the Pine Ridge, Rosebud, and Lower Brule Indian Reservations; (2) the HHS Secretary to assist the Secretary in meeting the water supply and public health needs of such Reservations; (3) the HUD Secretary to assist the Secretary by carrying out projects to connect houses that are eligible for funding from HUD on the Oglala, Rosebud, and Lower Brule Sioux Reservations through plumbing, water pipes, appurtenances, and interconnections to the applicable water systems to meet water conservation standards; (4) the Secretary and the Secretary of Agriculture to complete, within 15 years, the livestock distribution systems for the Oglala and Rosebud Sioux water systems; and (5) the Director of the Bureau of Indian Affairs (BIA) to assist the Secretary in completing the Oglala, Rosebud, and Lower Brule Sioux water systems by constructing, repairing, and upgrading plumbing fixtures, skirting, and other necessary features to ensure that houses within the service areas are able to meet the standards for connecting to those systems. (Sec. 3) Authorizes appropriations under such Act for planning, design, and construction and for operation and maintenance of such water systems. Requires that, within 15 years of the date on which existing public or tribal water systems on the Pine Ridge, Rosebud, and Lower Brule Indian Reservations have been brought up to the standards for the water systems established in such plans, title to each of the water systems be transferred to the United States, to be held in trust for the benefit of the applicable tribe, upon request of the tribe and the owner of the water system. Directs the Secretary to use authorized appropriations for the improvement, repair, and replacement of any water system that is so transferred or that is proposed, by request of the owner of the water system, to be so transferred and improved. (Sec. 4) Reduces the maximum amount of the federal share of the cost of the Central Valley Water Recycling Project otherwise available as of the date of enactment of this Act by $15 million.

Mni Wiconi Project Act Amendments of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Safety Net Act of 2007''. SEC. 2. COMMUNITY HEALTH CENTERS PROGRAM OF THE PUBLIC HEALTH SERVICE ACT. (a) Additional Authorizations of Appropriations for the Health Centers Program of Public Health Service Act.--Section 330(r) of the Public Health Service Act (42 U.S.C. 254b(r)) is amended by amending paragraph (1) to read as follows: ``(1) In general.--For the purpose of carrying out this section, in addition to the amounts authorized to be appropriated under subsection (d), there are authorized to be appropriated-- ``(A) $2,213,020,000 for fiscal year 2008; ``(B) $2,451,394,400 for fiscal year 2009; ``(C) $2,757,818,700 for fiscal year 2010; ``(D) $3,116,335,131 for fiscal year 2011; and ``(E) $3,537,040,374 for fiscal year 2012.''. (b) Studies Relating to Community Health Centers.-- (1) Definitions.--For purposes of this subsection-- (A) the term ``community health center'' means a health center receiving assistance under section 330 of the Public Health Service Act (42 U.S.C. 254b); and (B) the term ``medically underserved population'' has the meaning given that term in such section 330. (2) School-based health study.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall issue a study of the economic costs and benefits of school-based health centers and the impact on the health of students of these centers. (B) Content.--In conducting the study under subparagraph (A), the Comptroller General of the United States shall analyze-- (i) the impact that Federal funding could have on the operation of school-based health centers; (ii) any cost savings to other Federal programs derived from providing health services in school-based health centers; (iii) the potential impact on Federal budget and the health of students of providing Federal funds to school-based health clinics; and (iv) the impact of access to health care from school-based health clinics in rural or underserved areas. (3) Health care quality study.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, and in collaboration with the Agency for Healthcare Research and Quality, shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes agency efforts to expand and accelerate quality improvement activities in community health centers. (B) Content.--The report under subparagraph (A) shall include focus on-- (i) Federal efforts, as of the date of enactment of this Act, regarding health care quality in community health centers, including quality data collection, analysis, and reporting requirements; (ii) identification of effective models for quality improvement in community health centers, which may include models that-- (I) incorporate care coordination, disease management, and other services demonstrated to improve care; (II) are designed to address multiple, co-occurring diseases and conditions; (III) improve access to providers through non-traditional means, such as the use of remote monitoring equipment; (IV) target various medically underserved populations, including uninsured patient populations; (V) increase access to specialty care, including referrals and diagnostic testing; and (VI) enhance the use of electronic health records to improve quality; (iii) efforts to determine how effective quality improvement models may be adapted for implementation by community health centers that vary by size, budget, staffing, services offered, populations served, and other characteristics determined appropriate by the Secretary of Health and Human Services; (iv) types of technical assistance and resources provided to community health centers that may facilitate the implementation of quality improvement interventions; (v) proposed or adopted methodologies for community health center evaluations of quality improvement interventions, including any development of new measures that are tailored to safety-net, community-based providers; (vi) successful strategies for sustaining quality improvement interventions in the long- term; and (vii) partnerships with other Federal agencies and private organizations or networks as appropriate, to enhance health care quality in community health centers. (C) Dissemination.--The Administrator of the Health Resources and Services Administration shall establish a formal mechanism or mechanisms for the ongoing dissemination of agency initiatives, best practices, and other information that may assist health care quality improvement efforts in community health centers. (4) GAO study on integrated health systems model for the delivery of health care services to medically underserved populations.-- (A) Study.--The Comptroller General of the United States shall conduct a study on integrated health system models at not more than 10 sites for the delivery of health care services to medically underserved populations. The study shall include an examination of-- (i) health care delivery models sponsored by public or private non-profit entities that-- (I) integrate primary, specialty, and acute care; and (II) serve medically underserved populations; and (ii) such models in rural and urban areas. (B) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the study conducted under subparagraph (A). The report shall include-- (i) an evaluation of the models, as described in subparagraph (A), in-- (I) expanding access to primary and preventive services for medically underserved populations; and (II) improving care coordination and health outcomes; and (ii) an assessment of-- (I) challenges encountered by such entities in providing care to medically underserved populations; and (II) advantages and disadvantages of such models compared to other models of care delivery for medically underserved populations. SEC. 3. NATIONAL HEALTH SERVICE CORPS. (a) Funding.--To carry out the programs authorized under sections 331 through 338G of the Public Health Service Act (42 U.S.C. 254d- 254p), there are authorized to be appropriated-- (1) for fiscal year 2008, $131,500,000; (2) for fiscal year 2009, $143,335,000; (3) for fiscal year 2010, $156,235,150; (4) for fiscal year 2011, $170,296,310; and (5) for fiscal year 2012, $185,622,980. (b) Elimination of 6-Year Demonstration Requirement.--Section 332(a)(1) of the Public Health Service Act (42 U.S.C. 254e(a)(1)) is amended by striking ``Not earlier than 6 years'' and all that follows through ``purposes of this section.''. (c) Assignment to Shortage Area.--Section 333(a)(1)(D)(ii) of the Public Health Service Act (42 U.S.C. 254f(a)(1)(D)(ii)) is amended-- (1) in subclause (IV), by striking ``and''; (2) in subclause (V), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(VI) the entity demonstrates willingness to support mentorship, professional development, and training opportunities for Corps members.''. (d) Professional Development and Training.--Subsection (d) of section 336 of the Public Health Service Act (42 U.S.C. 254h-1) is amended to read as follows: ``(d) Professional Development and Training.-- ``(1) In general.--The Secretary shall assist Corps members in establishing and maintaining professional relationships and development opportunities, including by-- ``(A) establishing appropriate professional relationships between the Corps member involved and the health professions community of the geographic area with respect to which the member is assigned; ``(B) establishing professional development, training, and mentorship linkages between the Corps member involved and the larger health professions community, including through distance learning, direct mentorship, and development and implementation of training modules designed to meet the educational needs of offsite Corps members; ``(C) establishing professional networks among Corps enrollees; and ``(D) engaging in other professional development, mentorship, and training activities for Corps members, at the discretion of the Secretary. ``(2) Assistance in establishing professional relationships.--In providing such assistance under paragraph (1), the Secretary shall focus on establishing relationships with hospitals, with academic medical centers and health professions schools, with area health education centers under section 781, with health education and training centers under such section, and with border health education and training centers under such section. Such assistance shall include assistance in obtaining faculty appointments at health professions schools.''. SEC. 4. REAUTHORIZATION OF RURAL HEALTH CARE PROGRAMS. Section 330A(j) of the Public Health Service Act (42 U.S.C. 254c(j)) is amended by striking ``$40,000,000'' and all that follows and inserting ``$45,000,000 for each of fiscal years 2008 through 2012.''.

Health Care Safety Net Act of 2007 - Amends the Public Health Service Act to authorize appropriations for FY2008-FY2012 for: (1) health centers to meet the health care needs of medically underserved populations; (2) the National Health Service Corps; and (3) rural health care programs. Requires studies or reports on: (1) school-based health centers; (2) community health centers; and (3) integrated health system models for the delivery of health care services to medically underserved populations.

A bill to amend the Public Health Services Act to reauthorize the Community Health Centers program, the National Health Service Corps, and rural health care programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Breast Cancer Strategy Act of 1993''. TITLE I--ESTABLISHMENT OF OFFICE OF BREAST CANCER AND NATIONAL BREAST CANCER COMMISSION SEC. 101. OFFICE OF BREAST CANCER. Title XVII of the Public Health Service Act (42 U.S.C. 300uu et seq.) is amended by adding at the end the following new section: ``SEC. 1709. ESTABLISHMENT OF OFFICE OF BREAST CANCER. ``(a) In General.--There is established an Office of Breast Cancer within the Office of the Assistant Secretary for Health. The Office shall have a Director who shall be appointed by the Secretary. The Secretary, acting through the Director, shall carry out this section. ``(b) Duties.--The Secretary shall coordinate, in conjunction with the Director of the National Cancer Institute, the activities of the Institute relating to breast cancer with similar activities of other agencies of the Federal Government, including the other agencies of the National Institutes of Health, and with similar activities of other public entities and of private entities. SEC. 102. ESTABLISHMENT OF NATIONAL BREAST CANCER COMMISSION. Title XVII of the Public Health Service Act (42 U.S.C. 300uu et seq.), as amended by section 101, is amended by adding at the end the following new section: ``SEC. 1710. NATIONAL BREAST CANCER COMMISSION. ``(a) Establishment.--There is established a commission to be known as the `National Breast Cancer Commission' (in this section referred to as the `Commission'). ``(b) Study.--The Commission shall conduct a study on current efforts in both the public and private sectors relating to the prevention, early detection, treatment, education, and research relating to breast cancer. ``(c) Report.--Not later than 1 year after the date on which the initial appointments of the members have been completed under subsection (d), the Commission shall submit to the President and the Congress a report containing-- ``(1) the results of the study conducted under subsection (b); and ``(2) recommendations relating to such study. ``(d) Number and Appointment.-- ``(1) Appointment.--The Commission shall be composed of 15 members as follows: ``(A) 5 members shall be appointed by the President-- ``(i) 3 of whom shall be-- ``(I) the Secretary of Health and Human Services; ``(II) the Secretary of Veterans Affairs; and ``(III) the Secretary of Defense; who shall be nonvoting members, except that, in the case of a tie vote by the Commission, the Secretary of Health and Human Services shall be a voting member; and ``(ii) 2 of whom shall be selected from the general public on the basis of such individuals being specially qualified to serve on the Commission by reason of their education, training, or experience. ``(B) 5 members shall be appointed by the Speaker of the House of Representatives on the joint recommendation of the Majority and Minority Leaders of the House of Representatives. ``(C) 5 members shall be appointed by the President pro tempore of the Senate on the joint recommendation of the Majority and Minority Leaders of the Senate. ``(2) Congressional committee recommendations.--In making appointments under subparagraphs (B) and (C) of paragraph (1), the Majority and Minority leaders of the House of Representatives and the Senate shall duly consider the recommendations of the Chairmen and Ranking Minority Members of committees with jurisdiction over laws contained in chapter 17 of title 38, United States Code (relating to veterans' health care), title XIX of the Social Security Act (42 U.S.C. 1901 et seq.) (relating to Medicaid), and the Public Health Service Act (42 U.S.C. 201 et seq.) (relating to the Public Health Service). ``(3) Requirements of appointments.--The Majority and Minority leaders of the Senate and the House of Representatives shall-- ``(A) select individuals who are specially qualified to serve on the Commission by reason of their education, training, or experience; and ``(B) engage in consultations for the purpose of ensuring that the expertise of the 10 members appointed by the Speaker of the House of Representatives and the President pro tempore of the Senate shall provide as much of a balance as possible and, to the greatest extent possible, cover the fields of medicine, science, law, ethics, health-care and social services. ``(4) Term of members.--Members of the Commission (other than members appointed under paragraph (1)(A)(i)) shall serve for the life of the Commission. ``(5) Vacancy.--A vacancy on the Commission shall be filled in the manner in which the original appointment was made. ``(e) Chairman.--Not later than 15 days after the members of the Commission are appointed, such members shall select a Chairman from among the members of the Commission. ``(f) Quorum.--7 members of the Commission shall constitute a quorum, but a lesser number may be authorized by the Commission to conduct hearings. ``(g) Meetings.--The Commission shall hold its 1st meeting on a date specified by the Chairman. After the initial meeting, the Commission shall meet at the call of the Chairman or a majority of its members, but shall meet at least 3 times each year during the life of the Commission. ``(h) Pay.--Members of the Commission who are officers or employees or elected officials of a government entity shall receive no additional compensation by reason of their service on the Commission. ``(i) Per Diem.--While away from their homes or regular places of business in the performance of duties for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under sections 5702 and 5703 of title 5, United States Code. ``(j) Deadline for Appointment.--The members of the Commission shall be appointed not later than 60 days after the date of the enactment of this section. ``(k) Termination.--The Commission shall cease to exist 60 days after the date on which its final report is submitted under subsection (c).''. TITLE II--DUTIES OF DIRECTOR OF THE NATIONAL CANCER INSTITUTE RELATING TO BREAST CANCER SEC. 201. PROVISIONS FOR FULL FUNDING FOR NATIONAL CANCER INSTITUTE WITH RESPECT TO RESEARCH ON BREAST CANCER. Section 408(a)(1) of the Public Health Service Act (42 U.S.C. 284c(a)(1)) is amended by adding at the end the following subparagraph: ``(C) For the purpose of conducting and supporting research on breast cancer through the National Cancer Institute, there is authorized to be appropriated for fiscal year 1994 an amount equal to the sum of $300,000,000 and the amount obligated by such Institute for such research for fiscal year 1993. For such purpose, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1995 and 1996.''. SEC. 202. DUTIES OF DIRECTOR. Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following new section: ``SEC. 417. DUTIES OF DIRECTOR OF THE INSTITUTE RELATING TO BREAST CANCER RESEARCH. ``(a) The Director of the Institute shall conduct and support biomedical and behavioral research and research training, the dissemination of health information, and other programs with respect to breast cancer. ``(b) In carrying out subsection (a), the Director of the Institute shall conduct or support multidisciplinary clinical research on breast cancer, including research on assisting individuals with such cancers (and the families of such individuals) and with responding to psychological and social problems that arise as the result of the cancer. ``(c)(1) The Director of the Institute shall establish the Rose Kushner Scholarship Program for the purpose of entering into contracts with individuals under which-- ``(A) the Director of the Institute agrees to provide to the individuals scholarships for attendance at accredited health professions schools; and ``(B) the individuals agree-- ``(i) to complete the programs of education for which the scholarships are provided; ``(ii) to complete a program of postgraduate clinical training in oncology; and ``(iii) after completing a program of such training, to serve as employees of the National Institutes of Health, for the period described in paragraph (2), in positions that are needed by such Institutes in carrying out programs with respect to breast cancer. ``(2)(A) For purposes of paragraph (1)(B)(iii), the period of service for which an individual is obligated to serve as an employee of the National Institutes of Health is 12 months for each academic year for which the scholarship under such subsection is provided. ``(B) The Director of the Institute may defer the obligation of an individual to provide a period of service under paragraph (1)(B)(iii), if the Director determines that such a deferral is appropriate. ``(C) For any period in which an individual provides service as an employee of the National Institutes of Health in satisfaction of the obligation of the individual under paragraph (1)(B)(iii), the individual may be appointed as such an employee without regard to the provisions of title 5, United States Code, relating to appointment and compensation. ``(3)(A) The Director of the Institute may not provide a scholarship under paragraph (1) for an academic year unless-- ``(i) the individual applying for the scholarship has submitted to the Director a proposed academic program for the year and the Director has approved the program; and ``(ii) the individual agrees that the program will not be altered without the approval of the Director. ``(B) The Director of the Institute may not provide a scholarship under paragraph (1) for an academic year unless the individual applying for the scholarship agrees to maintain an acceptable level of academic standing, as determined by the educational institution involved in accordance with regulations issued by the Secretary. ``(4)(A) The Director of the Institute may not provide a scholarship under paragraph (1) for an academic year in an amount exceeding $10,000. ``(B) A scholarship provided under paragraph (1) may be expended only for tuition expenses, other reasonable educational expenses, and reasonable living expenses incurred while attending the health professions school involved. ``(C) In the case of a health professions school with respect to which a scholarship under paragraph (1) is provided, the Director of the Institute may enter into a contract with the school under which the amounts provided in the scholarship for tuition and other educational expenses are paid directly to the school. Payments to the school under the contract may be made without regard to section 3324 of title 31, United States Code. ``(5) The provisions of section 338E shall apply to the program established in paragraph (1) to the same extent and in the same manner as such provisions apply to the National Health Service Corps Loan Repayment Program established in section 338B. ``(6) The Director of the Institute may not provide a scholarship under paragraph (1) unless an application for the scholarship is submitted to the Director and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Director determines to be necessary to carry out this section. ``(d)(1) The Director of the Institute shall, subject to paragraph (2), carry out a program of entering into contracts with appropriately qualified health professionals under which the professionals agree to carry out activities with respect to breast cancer as employees of the National Institutes of Health in consideration of the Federal Government agreeing to pay, for each year of such service, not more than $20,000 of the principal and interest of the educational loans of the professionals. ``(2) The Director of the Institute may not enter into a contract with a health professional pursuant to paragraph (1) unless the professional has a substantial amount of educational loans relative to income. ``(3) Except to the extent inconsistent with this section, 338E shall apply to the program established in paragraph (1) to the same extent and in the same manner as such section applies to the National Health Service Corps Loan Repayment Program established in section 338B.''. SEC. 203. SPECIALIZED PROGRAMS OF RESEARCH EXCELLENCE WITH RESPECT TO BREAST, LUNG, AND PROSTATE CANCER. Section 408(a)(1) of the Public Health Service Act, as amended by section 201, is amended by adding at the end the following subparagraph: ``(D)(i) For the purpose of carrying out not less than 10 programs for research on breast cancer, lung cancer, or prostate cancer under the programs designated by the Director of the National Cancer Institute as the Specialized Programs of Research Excellence, there is authorized to be appropriated such sums as may be necessary for each of the fiscal years 1994 through 1996. ``(ii) With respect to the purpose described in clause (i), the authorizations of appropriations established in such clause may not be construed as terminating the availability for such purpose of any other authorization of appropriations (including the authorization established in subparagraph (A).''.

TABLE OF CONTENTS: Title I: Establishment of Office of Breast Cancer and National Breast Cancer Commission Title II: Duties of Director of the National Cancer Institute Relating to Breast Cancer National Breast Cancer Strategy Act of 1993 - Title I: Establishment of Office of Breast Cancer and National Breast Cancer Commission - Amends the Public Health Service Act to establish: (1) the Office of Breast Cancer in the Office of the Assistant Secretary for Health; and (2) the National Breast Cancer Commission to study public and private breast cancer prevention, early detection, treatment, education, and research. Title II: Duties of Director of the National Cancer Institute Relating to Breast Cancer - Authorizes appropriations for conducting and supporting breast cancer research. Adds biomedical and behavioral research, training, and dissemination of information regarding breast cancer to the duties of the National Cancer Institute Director. Establishes the Rose Kushner Scholarship Program of scholarships in exchange for completing post-graduate clinical oncology training and serving as National Institutes of Health (NIH) employees carrying out breast cancer programs. Establishes a program of educational loan repayments in exchange for breast cancer activities as NIH employees. Authorizes appropriations for at least ten programs for research on breast, lung, and prostate cancer under designated Specialized Programs of Research Excellence.

National Breast Cancer Strategy Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Export Review Act''. SEC. 2. ANNUAL REVIEW OF CONTROLLED ITEMS. Section 4 of the Export Administration Act of 1979 (50 U.S.C. App. 2403) is amended by adding at the end the following: ``(h) Control List Review.-- ``(1) In general.--In order to ensure that requirements for validated licenses to export are periodically removed as goods and technology become obsolete with respect to the specific objectives of the export controls requiring such licenses, the Secretary shall conduct periodic reviews of such controls imposed under sections 5 and 6. The Secretary shall complete such a review not later than 6 months after the date of the enactment of this subsection, and not later than the end of each 1-year period thereafter. ``(2) Review elements.--In conducting each review under paragraph (1), the Secretary shall do the following with respect to the export controls requiring a license described in paragraph (1): ``(A) Objectives of controls.--The Secretary shall identify the specific objectives of the export controls, for the 12-month period following the completion of the review, for each country or group of countries for which a validated license is required. When an objective of an export control is to defer the development of a specific capability in such country or group of countries, the Secretary shall specify for what period of time the controls are expected to defer such capability. ``(B) Quantity and performance.--The Secretary shall estimate, for the 12-month period described in subparagraph (A), the quantities and performance (as specified in specific performance parameters on the control list) of the goods and technology to which the controls apply that must be obtained by each country or group of countries for which a validated license is required in order to defeat the objectives of the export controls. ``(C) Availability to controlled destinations.--The Secretary shall evaluate the effectiveness of the export controls in achieving their specific objectives, including explicit descriptions of the availability from sources outside the United States, or from sources inside the United States resulting from the inability of the United States Government to effectively enforce controls, during the 12-month period described in subparagraph (A), to controlled countries of goods and technology to which the export controls apply. ``(D) Economic impact.--The Secretary shall evaluate the economic impact, during the 12-month period described in subparagraph (A), of the export controls on exporting companies, including estimates of lost sales, loss in market share, and administrative overhead. ``(3) Changes in controls.-- ``(A) Changes.--After completing each review under this subsection, the Secretary shall, if warranted by the findings of the review and after consultation with appropriate departments or agencies-- ``(i) eliminate the requirement for an export license for a particular good or technology; ``(ii) make such a good or technology eligible for delivery under a distribution license or other license authorizing multiple exports; ``(iii) eliminate a performance threshold or other characteristic upon which the requirement for a validated license for such a good or technology is based; or ``(iv) increase the performance levels at which an individual validated license for such a good or technology is required, at which it is eligible for delivery under a distribution license, or at which special conditions or security safeguard plans are imposed as a condition of export. ``(4) Hearings.--The Secretary shall conduct public hearings not less than once each year in order to solicit information from all interested parties on all matters to be addressed in each review conducted under this subsection. ``(5) Removal of controls on mass-market products.-- ``(A) Mass-market products defined.--For the purposes of this paragraph, the term `mass-market product' means any good or technology sold, licensed, or otherwise distributed as a discrete item and which will have been distributed for end use outside the United States in a quantity exceeding 100,000 units over a 12-month period, as determined under subparagraph (B). ``(B) Anticipatory review of mass-market products.--Not later than-- ``(i) 6 months after the date of the enactment of this subsection, and ``(ii) the end of each 1-year period thereafter, the Secretary shall, in consultation with the appropriate technical advisory committee, industry groups, and producers, identify those items described in subparagraph (A) (including products differentiated on the control list according to specific performance parameters) that will be distributed for end use outside the United States in a quantity exceeding 100,000 units beginning on the applicable date described in clause (i) or (ii). For purposes of this paragraph, estimates of numbers of items that will be distributed shall be based on reliable estimates provided by producers of such items. ``(C) Action by the secretary.--Not later than 30 days after an item is determined by the Secretary under subparagraph (B) to be a mass-market product, the Secretary shall propose to any group of countries which imposes export controls on the item cooperatively with the United States the elimination of controls on the item in accordance with the procedures of such group, and shall publish a notice of such proposal in the Federal Register. ``(6) Relationship to other provisions.--The requirements of this subsection are in addition to any other requirements of this Act. The Secretary may coordinate reviews under this subsection with reviews conducted under section 5(c).''. SEC. 3. EQUAL TREATMENT OF COMPONENTS. Section 4 of the Export Administration Act of 1979 is amended by adding at the end the following new subsection: ``(i) Treatment of Semiconductors.--The export control treatment imposed under the authority of this Act upon semiconductor devices shall be no more restrictive or burdensome to the exporter than the export control treatment imposed under the authority of this Act upon computer systems or telecommunications systems for which the semiconductor devices serve or can serve as components.''.

Technology Export Review Act - Amends the Export Administration Act of 1979 to direct the Secretary of Commerce to conduct periodic reviews of national security and foreign policy export controls on goods and technology in order to ensure that requirements for validated licenses to export are periodically removed as such items become obsolete with respect to the objectives of such controls. Requires the Secretary, if the review warrants, to: (1) eliminate the requirement for an export license for a particular good or technology; (2) make such item eligible for delivery under a distribution license or other license authorizing multiple exports; (3) eliminate a performance threshold upon which the license requirement for the item is based; or (4) increase the performance levels at which a license for such item is required, at which it is eligible for delivery under a distribution license, or at which special conditions or security safeguard plans are imposed as a condition of export. Requires the Secretary to: (1) identify mass-market products (any good or technology sold, licensed, or distributed as a discrete item which will have been distributed for end use outside the United States in a quantity exceeding 100,000 units over a 12-month period); and (2) propose the elimination of export controls on such an item to any group of countries which imposes similar controls on it cooperatively with the United States. Requires the export control treatment imposed under this Act upon semiconductor devices to be no more restrictive or burdensome to the exporter than controls imposed under such Act upon computer systems or telecommunications systems for which the semiconductor devices serve as components.

Technology Export Review Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Commuter Relief Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Increased uniform dollar limitation for all types of transportation fringe benefits. Sec. 3. Eligibility of self-employed individuals to receive transit fringe benefits. Sec. 4. Parking cash-out programs. Sec. 5. Vanpool investment credit. Sec. 6. Employees may receive transit passes and reimbursement of bicycle commuting expenses as excludable fringe benefits for the same month. SEC. 2. INCREASED UNIFORM DOLLAR LIMITATION FOR ALL TYPES OF TRANSPORTATION FRINGE BENEFITS. (a) In General.--Paragraph (2) of section 132(f) of the Internal Revenue Code of 1986 (relating to limitation on exclusion) is amended-- (1) by striking ``$100'' in subparagraph (A) and inserting ``$200'', and (2) by striking ``$175'' in subparagraph (B) and inserting ``$200''. (b) Inflation Adjustment Conforming Amendments.--Subparagraph (A) of section 132(f)(6) of the Internal Revenue Code of 1986 (relating to inflation adjustment) is amended-- (1) by striking the last sentence, (2) by striking ``1999'' and inserting ``2012'', and (3) by striking ``1998'' and inserting ``2011''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 3. ELIGIBILITY OF SELF-EMPLOYED INDIVIDUALS TO RECEIVE TRANSIT FRINGE BENEFITS. (a) In General.--Subparagraph (E) of section 132(f)(5) is amended-- (1) by striking ``For purposes of this subsection, the term'' and inserting the following: ``(i) In general.--Except as provided in clause (ii), the term'', and (2) by adding at the end the following new clause: ``(ii) Self-Employed Individuals Eligible for Transit Pass Fringe Benefit.--For purposes of paragraph (1)(B), such term includes an individual who is an employee within the meaning of section 401(c)(1).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 4. PARKING CASH-OUT PROGRAMS. (a) In General.--Subparagraph (C) of section 132(f)(5) is amended-- (1) by striking ``The term'' and inserting the following: ``(i) In general.--The term''. (2) by adding at the end of clause (i), as amended by paragraph (1), the following: ``Such term shall not include any parking with respect to any specified employer unless such employer establishes a parking cash-out program.'', and (3) by adding at the end the following new clauses: ``(ii) Specified employer.--For purposes of this subparagraph, the term `specified employer' means any employer who-- ``(I) employs on average 50 or more employees during the calendar year, ``(II) leases the parking facilities referred to in clause (i), ``(III) can separately determine the amount paid per parking space leased, and ``(IV) can reduce the number of parking space leased (on a basis not less frequently than monthly) without penalty. ``(iii) Parking cash-out program.--For purposes of this subparagraph, the term `parking cash-out program' means a program established by the employer under which-- ``(I) the employer offers employees a cash allowance equal to the regular amount paid by the employer for parking for a single employee under clause (i) in lieu of the parking referred to in clause (i), and ``(II) any employee electing the cash allowance shall certify to the employer that the employee will comply with guidelines established by the employer to avoid neighborhood parking problems and violation of such guidelines are enforced by the employer by termination of eligibility of such employee for such cash allowance and employer sponsored parking.''. (b) Effective Date.--The amendments made by this section shall apply to parking provided during calendar years beginning after December 31, 2011. SEC. 5. VANPOOL INVESTMENT CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. QUALIFYING VANPOOL INVESTMENT CREDIT. ``(a) General Rule.--For purposes of section 38, the qualifying vanpool investment credit for any taxable year is an amount equal to 10 percent of the basis of a qualified commuter van placed in service by the taxpayer during the taxable year. ``(b) Qualified Commuter Van.--For purposes of this section, the term `qualified commuter van' means a vehicle-- ``(1) the seating capacity of which is at least 7, but not more than 15, adults (not including the driver), ``(2) which has a 3-year class life, ``(3) at least 80 percent of the mileage use of which can reasonably be expected to be for transportation described in section 132(f)(1)(A), ``(4) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and ``(5) is originally placed in service by the taxpayer before January 1, 2019. ``(c) Leasing Exception.-- ``(1) In general.--In the case of an employer who enters into a lease with an unrelated person for the provision of transportation described in section 132(f)(1)(A) and who makes an election under this subsection for a taxable year (in such form and manner as the Secretary may by regulation prescribe), in lieu of the amount determined under subsection (a), the qualifying vanpool investment credit with respect to the taxpayer for the taxable year shall be an amount equal to 10 percent of the amounts paid or incurred by the employer for the taxable year pursuant to such lease for the provision of such transportation. ``(2) Related persons.--All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as related persons for purposes of this subsection. ``(3) Termination.--This subsection shall not apply to any amounts paid or incurred after December 31, 2014. ``(d) Basis Reduction.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit.''. (b) Credit Treated as Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end of following new paragraph: ``(37) the qualifying vanpool investment credit determined under section 45S(a).''. (c) Conforming Amendment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 45S(e), in the case of amounts with respect to which a credit has been allowed under section 45S.'' (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Qualifying vanpool investment credit.''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service, and amounts paid or incurred, after December 31, 2011. SEC. 6. EMPLOYEES MAY RECEIVE TRANSIT PASSES AND REIMBURSEMENT OF BICYCLE COMMUTING EXPENSES AS EXCLUDABLE FRINGE BENEFITS FOR THE SAME MONTH. (a) In General.--Subclause (II) of section 132(f)(5)(F)(iii) of the Internal Revenue Code of 1986 (defining qualified bicycling month) is amended by striking ``, (B),''. (b) Limitation.--Subparagraph (A) of section 132(f)(2) of such Code (relating to limitation on exclusions) is amended by striking ``and (B)'' and inserting ``, (B), and (D)''. (c) Repeal of Constructive Receipt Treatment of Bicycle Commuting Reimbursements.--Paragraph (4) of section 132(f) of such Code is amended by striking ``(other than a qualified bicycle commuting reimbursement)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011.

Commuter Relief Act - Amends the Internal Revenue Code to: (1) establish a uniform monthly benefit amount of $200 for all types of transportation fringe benefits (commuting reimbursements, transit passes, parking, and bicycle commuting reimbursements) and allow a cost-of-living adjustment for such benefit amount beginning after 2012; (2) make self-employed individuals eligible for transit pass fringe benefits; (3) require certain employers who have an average of 50 employees during the calendar year to offer a parking cash-out program under which an employer offers employees a cash allowance equal to the regular amount paid by the employer for parking; (4) allow a 10% business tax credit for investment in commuter vans with a seating capacity of at least 7, but not more than 15, adults that are placed in service before January 1, 2019; and (5) permit employees to exclude from gross income for income tax purposes transit passes and reimbursements of bicycle commuting expenses in the same month.

To amend the Internal Revenue Code of 1986 to improve commuting and transportation options.

SECTION 1. RECOGNITION OF JOURNALISTS EMBEDDED WITH UNITED STATES ARMED FORCES OR COALITION PARTNERS IN IRAQ DURING OPERATION IRAQI FREEDOM. (a) Findings.--Congress finds the following: (1) The First Amendment to the Constitution of the United States establishes the right to free speech and a press unfettered by Government interference and reflected the belief of the American people that an informed public is essential to the survival of democracy. (2) The press, in all its forms today, informs the public on news events in the United States and elsewhere in the world and acts as a check on excessive Government actions by facilitating feedback to the legislative, executive, and judicial branches of Government. (3) Journalists first began serving as war correspondents during the Crimean War in 1854, and, by the next decade, more than 500 journalists covered the activities of the contending armies during the American Civil War, capturing the interest of Americans in the conflict and establishing the tradition of newspaper readership in America. (4) During Operation Iraqi Freedom, the Department of Defense provided journalists with the opportunity to actually accompany units of the United States Armed Forces and coalition partners, a process referred to as ``embedding'', in order to provide first-hand and timely reports on the progress of the United States and coalition forces and the liberation of the Iraqi people. (5) Approximately 700 print, broadcast, and Internet journalists chose to receive the special training offered by the Department of Defense to prepare for the dangers and hardships of accompanying troops in possible combat and embedded themselves with units of the United States Armed Forces or coalition partners. (6) Journalists have often worked under censorship in the past, but the embedded journalists were free to cover the conflict without interference from the military, and provided generally accurate accounts despite the omnipresent ``fog of war'' on a real-time basis for the first time in history. (7) The relationship between journalists and the military has often been strained in times of war, but the conflict in Iraq proved that both sides could meet their individual goals without restricting or impeding the other. (8) Many of the embedded journalists made their satellite phones and email available to members of the Armed Forces who were able to communicate with their families for the first time in weeks and sometimes months. (9) Friends and families of members of the Armed Forces serving in Iraq in units that included an embedded journalist were able to track the progress of these units and were often reassured that their loved ones were still alive because of the journalist's reports. (10) The embedded journalists, while in-theater, endured the same privations as the members of the Armed Forces they covered and risked possible imprisonment, torture, and execution if captured by Iraqi forces. (11) The embedded journalists braved excessive and sometimes fatal weather conditions, including horrific sandstorms that reduce visibility to four or five feet and temperatures higher than 130 degrees Fahrenheit, but still filed their dispatches each day. (12) At least 14 journalists have died while covering the conflict in Iraq, and other journalists have died in Afghanistan. (13) The American people are best served by a robust and competitive media that provides accurate and fair accounts of United States Armed Forces wherever they may be. (b) Official Recognition of Embedded Journalists.--The Secretary of Defense shall award the Office of the Secretary of Defense Exceptional Public Service Award to journalists who were authorized by the Department of Defense to accompany, and actually accompanied into Iraq, a unit of the United States Armed Forces or of a coalition partner during Operation Iraqi Freedom. (c) Posthumous Award.--If a person entitled to the Office of the Secretary of Defense Exceptional Public Service Award under subsection (b) died while serving in Iraq or dies before the issuance of the award, the award shall be provided to the person's representative, as designated by the Secretary. (d) Availability of Appropriations.--The Secretary may expend, from any appropriation for contingent expenses of the Department of Defense, amounts necessary to provide Office of the Secretary of Defense Exceptional Public Service Awards under subsection (b).

Directs the Secretary of Defense to award the Office of the Secretary of Defense Exceptional Public Service Award to journalists who accompanied units of the U.S. armed forces or of a coalition partner into Iraq to report on Operation Iraqi Freedom.

To provide for the issuance of the Office of the Secretary of Defense Exceptional Public Service Award to journalists who accompanied units of the United States Armed Forces or coalition partners into Iraq during Operation Iraqi Freedom, a process referred to as "embedding", in order to provide first-hand and timely reports on the progress of the United States and coalition forces and the liberation of the Iraqi people.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Mandate and Remedy Clarification Act of 1996.'' SEC. 2. FINDINGS. The Congress finds that-- (1) a variety of effective and appropriate judicial remedies are available for the full redress of legal and constitutional violations under existing law, and the imposition, increase, levying or assessment of taxes by courts is neither necessary nor appropriate for the full and effective exercise of remedies imposed pursuant to Federal courts jurisdiction; (2) the imposition, increase, levying, or assessment of taxes by judicial order is not an appropriate exercise of the judicial power under the Constitution, and is incompatible with the traditional principles of American law and government and the basic American principle that taxation without representation is tyranny because Federal courts are unelected officials, not answerable to the popular will; (3) Federal courts exceed the proper boundaries of their limited jurisdiction and authority under the Constitution, and impermissibly intrude on the legislative function in a democratic system of government, when they issue orders requiring or resulting in the imposition, increase, levying, or assessment of new taxes or existing taxes; (4) no court should enter an order, not should there be any settlement, remedying a legal or constitutional violation, by imposing, creating, increasing, levying, or assessing any tax for the enforcement thereof, nor can the court enter an order, nor can there be any settlement, which has the effect of imposing, creating, increasing, levying, or assessing any tax; (5) settlement agreements or orders entered by Federal courts should be fashioned within the framework of current budgetary restraints of any State or political subdivisions thereof; (6) the Congress retains the authority under article III, sections 1 and 2, or the Constitution to limit and regulate the jurisdiction of the inferior Federal courts, and such authority includes the power to limit the remedial authority of such courts; (7) nothing contained herein shall otherwise validate, approve, legalize, or encourage the imposition of a tax, levy, or assessment by a Federal judge; (8) notwithstanding these findings, the Congress acknowledges that in certain circumstances, the Federal courts have abrogated constitutional authority with regard to judicially mandating a tax, levy or assessment to ascertain a remedy, but that should the Federal courts continue on in such a manner, the following rules shall be met prior to entering any order or settlement remedying a Federal or State common law, statutory or constitutional violation by imposing, creating, increasing, levying or assessing any tax for the enforcement thereof; nor shall there by any settlement or order which has the effect of imposing, creating, increasing, levying or assessing any tax: SEC. 3. LIMITATION ON FEDERAL COURT REMEDIES. Section 1343 of title 28, United States Code, is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection: ``(b)(1) Notwithstanding any other law, there shall be no settlement nor shall the district courts order any State, or political subdivision of a State, to impose, increase, levy, or assess any tax; nor shall there be any settlement or order which has the effect of imposing, creating, increasing, levying or assessing any tax, for the purpose of enforcing any Federal or State common law, statutory, or constitutional right or law unless the court finds by clear and convincing evidence, that-- ``(A) there are no other means available to remedy the deprivation of rights or laws, and the proposed imposition, increase, levying, or assessment is narrowly tailored to remedy the specific deprivation at issue; ``(B) the tax will not contribute to or exacerbate the deprivation intended to be remedied; ``(C) the proposed tax will not result in a loss of revenue for the political subdivision in which it is assessed, levied, or collected; ``(D) the proposed tax will not result in the loss or depreciation of property values of the taxpayer so affected; ``(E) the proposed tax will not conflict with the applicable laws with respect to the maximum rate of taxation as determined by the appropriate political subdivisions, and will not exceed the lower of either-- ``(i) the proposed taxation rate; or ``(ii) the total of aggregate taxes that may be imposed--including taxes of other State and local units of governmental bodies and for the purposes of implementing such order may not exceed the Cost of Living as measured by Section 215(i) of the Social Security Act, plus five percent per annum; and, ``(F) plans submitted by State and local authorities will not effectively redress the deprivations at issue. ``(2) A finding under paragraph (1) shall be subject to immediate interlocutory de novo review and shall be reviewed at least annually. ``(3) Notwithstanding any law or rule of procedure, any aggrieved person, corporation, or unincorporated association residing or present in the political subdivision in which a tax is imposed under this subsection shall have the right to intervene in any proceeding concerning the tax. Such interveners shall have the right to present evidence and appear before the court to present oral and written testimony, and to appeal any finding required to be made by this action, or any other action taken to impose, increase, or levy, or assess taxes to remedy deprivations of Federal or State rights. ``(4) These findings by a district court as aforesaid shall apply to those situations wherein parties enter into an agreement with or without court approval and notwithstanding the fact that litigation has not commenced. ``(c) Termination.--Notwithstanding any law or rule of procedure, any imposition, increase, levy, or assessment of a tax shall-- ``(1) automatically terminate or expire after 1 year, from the date of the imposition or from the date of the enactment of this statute upon which the court shall make the findings required by subsection (b); and ``(2) terminate at any time if the court determines that the deprivation rights has been cured to the extent practicable. ``(d) State Pre-emption.--Notwithstanding any law or rule of procedure, this statute does not pre-empt State or political subdivision from imposing such and further restrictions on the use of State and local taxes, levies, or assessments for the purposes set forth herein. ``(e) State and Local Governmental Rights.--Nothing contained herein shall allow a Federal court to use a tax of any kind of a State or political subdivision for the purpose of funding such order, except to the extent, if any, and to the proportion, if any, that such taxes, levies, or assessments may already be used for the funding of the object of the order as allowed by State or political subdivision law. Furthermore, the Federal court has no jurisdiction to force, mandate, or compel a taxing body of a State or political subdivision to change or modify its tax laws so as to enlarge them to pay for an order by the Federal court. ``(f) Findings.--Finding required to be made by this section shall be completed by the court prior to the beginning of the fiscal year for the political subdivision against which a tax imposition, increase, levying, or assessment is ordered, and shall be transmitted to such political subdivision. ``(g) Rules of Construction.--There is a presumption that the imposition, increase, levying, or assessment of taxes is not a narrowly tailored means of remedying deprivations of Federal or State rights.'' In the event the Supreme Court finds that the use of a judicial tax, levy, or assessment by a Federal judge is illegal or unconstitutional, nothing contained herein shall be construed to otherwise make legal, validate, or approve of a judicial tax, levy, or assessment.

Judicial Mandate and Remedy Clarification Act of 1996 - Sets limits on: (1) the authority of Federal courts to fashion remedies by imposing, increasing, levying, or assessing any tax; or (2) any settlement or order which has that effect. Sets forth provisions regarding: (1) judicial review; (2) a right of certain aggrieved persons, corporations, or unincorporated associations to intervene in proceedings concerning imposition of a tax; (3) termination of any tax so imposed, increased, levied, or assessed automatically after one year or at any time if the court determines that the deprivation of rights has been cured to the extent practicable; (4) State preemption; and (5) State and local governmental rights.

Judicial Mandate and Remedy Clarification Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Highway Rail Grade Crossing Safety Formula Enhancement Act of 1995''. SEC. 2. ALLOCATIONS OF APPORTIONED FUNDS FOR RAILWAY-HIGHWAY CROSSINGS. (a) Apportionment for Railway-Highway Crossings.--Section 104(b)(3) of title 23, United States Code, is amended-- (1) in subparagraph (A), by striking ``For the'' and inserting ``After making the set aside required by subparagraph (C), for the''; (2) in subparagraph (B)-- (A) in the first sentence, by striking ``this paragraph'' and inserting ``subparagraph (A)''; and (B) in the second sentence, by striking ``this paragraph'' and inserting ``subparagraph (A) or this subparagraph''; and (3) by adding at the end the following: ``(C) Set aside for railway-highway crossings.--For each fiscal year specified in section 133(d)(1)(B)(i), the Secretary shall-- ``(i) set aside 5 percent of the funds authorized for the surface transportation program to be apportioned to States to be used in accordance with section 133(d)(1)(B)(i); and ``(ii) apportion the funds set aside under clause (i) among the States so that-- ``(I) 25 percent is apportioned based on the ratio of the total number of accidents at public railway-highway crossings during the 3 full calendar years preceding the first day of the fiscal year in each State to that total in all States; ``(II) 25 percent is apportioned based on the ratio of the total number of fatalities at public railway-highway crossings during the 3 full calendar years preceding the first day of the fiscal year in each State to that total in all States; ``(III) 25 percent is apportioned based on the ratio, as of the first day of the fiscal year, of the number of public railway-highway crossings in each State to the number of public railway-highway crossings in all States; ``(IV) 25 percent is apportioned based on the ratio, as of the first day of the fiscal year, of the number of public railway-highway crossings with passive warning devices in each State to the number of public railway-highway crossings with passive warning devices in all States; and ``(V) notwithstanding subclauses (I) through (IV), each State receives a minimum apportionment of \1/4\ of 1 percent of the funds set aside under clause (i), except that each of Hawaii, Puerto Rico, and the District of Columbia receives \1/8\ of 1 percent of the funds set aside under clause (i).''. (b) Allocations for Safety Programs.--Section 133(d) of title 23, United States Code, is amended by striking paragraph (1) and inserting the following: ``(1) For safety programs.-- ``(A) Fiscal years 1991 through 1996.-- ``(i) In general.--Subject to clause (ii), for each of fiscal years 1991 through 1996, 10 percent of the funds apportioned to a State under section 104(b)(3)(A) for the surface transportation program for a fiscal year shall be available only to carry out sections 130 and 152. ``(ii) Minimum.--Of the funds required to be made available by clause (i) for a fiscal year, each State shall use an amount of the funds to carry out each of sections 130 and 152 that is not less than the amount of funds apportioned to the State for fiscal year 1991 under the section. ``(B) Fiscal year 1997.-- ``(i) Railway-highway crossings.--Subject to clause (iii), for fiscal year 1997, the funds apportioned to a State under section 104(b)(3)(C) shall be available only to carry out section 130. ``(ii) Hazard elimination program.--Subject to clause (iii), for fiscal year 1997, 5 percent of the funds apportioned to a State under section 104(b)(3)(A) for the surface transportation program for fiscal year 1997 shall be available only to carry out section 152. ``(iii) Minimum.--To the extent necessary to ensure that the amount of funds made available for fiscal year 1997 to carry out each of sections 130 and 152 is not less than the amount of funds apportioned to the State for fiscal year 1991 under the section, each State shall use-- ``(I) funds described in clause (i) to carry out section 152; and ``(II) funds described in clause (ii) to carry out section 130.''. (c) Technical Corrections.--Section 130 of title 23, United States Code, is amended-- (1) by striking subsection (f); and (2) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively.

Highway Rail Grade Crossing Safety Formula Enhancement Act of 1995 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to direct the Secretary of Transportation, for each of specified years, to set aside five percent of the funds authorized for the surface transportation program to be apportioned among the States for railway-highway crossings based on a formula which takes into account the number of accidents and fatalities at public railway-highway crossings over a three-year period, the number of such crossings, and the number of such crossings with passive warning devices, in each State relative to all States. Provides for exclusive availability of specified apportioned funds for railway-highway crossings and for hazard elimination programs in FY 1997.

Highway Rail Grade Crossing Safety Formula Enhancement Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Expansion Incentive Act of 2013''. SEC. 2. REDISTRIBUTION OF FEDERAL MEDICAID FUNDS TO STATES ELECTING TO MEET ACA MEDICAID EXPANSION REQUIREMENTS FROM STATES NOT SO ELECTING. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection: ``(aa) Bonus for States Electing To Meet ACA Medicaid Expansion Requirements From Funds Made Available by Other States Not Electing To Meet Those Requirements.-- ``(1) In general.--In the case of a participating State for a fiscal year as determined under paragraph (2), in accordance with regulations of the Secretary, the State shall be entitled to an increase in payments under its State plan under this title in an amount determined under paragraph (3) of the Secretary's estimate of the net reduction in Federal expenditures for nonparticipating States (including the amount of the additional Federal financial participation under this title that otherwise would have been paid to such States if they were participating States) during the fiscal year as a result of such States not applying the ACA Medicaid expansion requirements. ``(2) Notice regarding participation.-- ``(A) In general.--Before the beginning of each fiscal year (beginning with fiscal year 2014) each of the 50 States and the District of Columbia is requested to inform the Secretary, in a form and manner specified by the Secretary and accompanied by such assurances regarding State plan amendments as the Secretary may specify, if the State will be applying its State plan under this title for such fiscal year in accordance with the requirements specified in the amendments made by paragraphs (1) and (2) of section 2001(a) of the Patient Protection and Affordable Care Act (in this subsection referred to as the `ACA Medicaid expansion requirements'), which include requirements described in-- ``(i) section 1902(a)(10)(A)(I)(VIII); and ``(ii) section 1902(k). The Secretary shall not accept information submitted under this subparagraph for a fiscal year after the beginning of the fiscal year involved. ``(B) Determination of participating and nonparticipating states.--Taking into account the information submitted under subparagraph (A) for a fiscal year, the Secretary shall determine for the fiscal year which of the 50 States and the District of Columbia will be applying the ACA Medicaid expansion requirements for the fiscal year and which will not. For purposes of this subsection-- ``(i) each State or District determined to be applying such requirements for a fiscal year is referred to as a `participating State' for such fiscal year; and ``(ii) each State or District determined not to be applying such requirements for a fiscal year is referred to as a `nonparticipating State' for such fiscal year. ``(3) Amount of increase.--The Secretary shall compute the increase in payments under this subsection for a participating State for a fiscal year, to the extent of available funds, in accordance with a formula specified by the Secretary. Within the amount of available funds, such formula may take into account elements such as-- ``(A) increasing to 100 percent the FMAP for newly eligible mandatory individuals; ``(B) increasing the matching percentage for administrative costs attributable to application of ACA Medicaid expansion requirements; and ``(C) an increase in DSH allotments. ``(4) Publication of information on estimated impact of nonparticipation.--The Secretary shall publish for each nonparticipating State for each fiscal year-- ``(A) the amount of the additional Federal funds under this title for the fiscal year that the Secretary estimates the State has forgone as a result of its not being a participating State for such fiscal year; and ``(B) the number of additional beneficiaries that would have been covered under the State plan under this title in the fiscal year if the State had been a participating State for the fiscal year.''.

Medicaid Expansion Incentive Act of 2013 - Amends title XIX (Medicaid) of the Social Security Act to entitle to an increase (bonus) in payments under its state medical assistance plan any state electing to meet Affordable Care Act (ACA) Medicaid expansion requirements under the Patient Protection and Affordable Care Act. Requires such bonuses to be in amounts made available from a net reduction in federal payments to other states not electing to meet those requirements.

Medicaid Expansion Incentive Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Obstetric Fistula Prevention, Treatment, Hope, and Dignity Restoration Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Every two minutes, one woman dies from pregnancy- related complications. Of these deaths, 99 percent occur in developing countries. Over half of these deaths are in sub- Saharan Africa and one-third are in South Asia. Most of these deaths are preventable, which represents both a tragedy and an opportunity. (2) For every woman who dies from pregnancy-related complications, an estimated 20 women survive but experience pregnancy-related disabilities. One of the most severe is obstetric fistula, which occurs when a woman who is experiencing prolonged, obstructed labor and needs trained medical assistance for a safe delivery, usually a cesarean section, cannot get it. (3) Obstetric fistula is a hole that is formed between the bladder and the vagina, or the rectum and the vagina (or both), after a woman suffers from prolonged, obstructed labor without timely, adequate medical intervention. In the struggle to pass through the birth canal, the fetus puts constant pressure, sometimes for several days, on the bladder and vaginal or rectal walls, destroying the tissue that then sloughs off, resulting in the abnormal opening or hole. (4) In the majority of obstetric fistula cases, the baby will be stillborn and the mother will experience physical pain and disability, as well as social and emotional trauma from living with incontinence and from the loss of her child. (5) In addition to incontinence or constant uncontrollable leaking of urine, feces, or both, the physical consequences of obstetric fistula may include frequent bladder infections, infertility, foul odor, and nerve damage. (6) Mental, emotional, and social side effects of obstetric fistula may include depression, social isolation and discrimination, suicidal thoughts or actions, and lack of adequate economic opportunities, resulting in deepening poverty and vulnerability. Girls with obstetric fistula are also often unable to continue schooling. Women and girls with fistula suffer psychological consequences, such as feelings of hopelessness because of stigma and lack of awareness that their condition is treatable. Fistula survivors need regular medical attention and support, but too often adequate services are unavailable or the women and their families cannot afford them. Women may lose property if they are divorced or abandoned by their husbands and family. Some lose jobs or are denied work, while others may quit their jobs out of shame, leading to deepened poverty and vulnerability to repeat fistulas. (7) Although data on obstetric fistula are scarce, the World Health Organization (WHO) estimates there are more than 2,000,000 women living with fistula, and 50,000 to 100,000 new cases each year. (8) The primary cause of obstetric fistula is a lack of timely, adequate emergency obstetric care, such as a cesarean section. Poverty, malnutrition, poor health services, early childbearing, and gender discrimination are interlinked root causes of obstetric fistula. (9) Obstetric fistula was once common throughout the world, but over the last century was eliminated in Europe, North America, and other developed regions through improved access to medical interventions, particularly emergency obstetric care for those women who need it. The first fistula hospital in the world stood where the Waldorf-Astoria Hotel is now located in New York City. As highlighted by the United Nations Secretary General in his 2015 statement on the occasion of the International Day to End Obstetric Fistula (May 23rd), in which he called upon world leaders to commit to ending the scourge of obstetric fistula in our lifetime, ``The fact that fistula persists primarily among the poorest and most marginalized women and girls in the world is an egregious outcome of social, economic and gender inequalities, the denial of human rights and inadequate access to quality reproductive health services, including maternal and newborn care.''. (10) Obstetric fistula is preventable through medical interventions, such as skilled attendance, including midwives, present during labor and childbirth, providing access to family planning, and emergency obstetric care for women who develop childbirth complications, as well as social interventions such as delaying early marriage and educating and empowering young women. (11) The majority of obstetric fistula can be surgically treated. Surgery requires a specially trained, qualified surgeon and support staff, and access to an operating theater and to attentive postoperative care. When performed by a skilled, competent surgeon, success rates can be as high as 90 percent and cost an estimated $400. (12) According to the Department of State, ``Because of their roles in child rearing, providing and seeking care, and managing water and nutrition, the ability of women to access health-related knowledge and services is fundamental to not only their own health and well-being, but also that of their babies, older children and other family members. Over the long- term, the health and well-being of women, in addition to being essential in its own right, enhances their productivity and social and economic participation and also acts as a positive multiplier, benefitting social and economic development through the health of future generations.''. (13) In 2002, the United Nations Population Fund (UNFPA) and EngenderHealth embarked on the first ever assessments in nine African countries to determine the need for and access to services to address obstetric fistula. In 2003, UNFPA and partners launched a global campaign to identify and address obstetric fistula in an effort to develop a means to treat and support those women who are suffering and provide the necessary health services to prevent further cases. The UNFPA-led Campaign to End Fistula is now present in more than 50 countries across Africa, Asia, and the Arab region and is comprised of over 90 partners at the global level and many more at the regional and national levels. The Campaign has three main focuses: the prevention of fistula cases, treatment of existing cases of fistula, and social reintegration and follow up for fistula survivors. The Campaign supports fistula surgery, training of doctors, nurses, and other health workers, community outreach to prevent further cases, identification of women suffering fistula who need care, and supporting provision of rehabilitative care for women after treatment in order to break the cycle of poverty and marginalization that rendered them vulnerable to fistula in the first place and to enable them to reclaim their dignity and hope and return to full and productive lives. Since 2003, UNFPA has directly supported more than 57,000 fistula repairs, and additional repairs have been supported by Campaign partners. (14) The Campaign to End Fistula works with national counterparts, including ministries of health, other pertinent ministries, United Nations agencies, international and national nongovernmental organizations, civil society organizations, academic institutions, and health providers (and professional associations), in support of national processes and fistula eradication efforts, including strategies to eradicate end- stage prolonged or obstructed labor that causes not only fistula, but a host of newborn and maternal reproductive, mental, neurologic and orthopedic conditions, that have detrimental consequences for women's lives. A key focus is national capacity strengthening to reach the regional backlogs of women living with fistula in remote regions, suffering needlessly, sometimes for decades. (15) In 2004, the United States Agency for International Development (USAID) provided funding through the ACQUIRE Project managed by EngenderHealth to support services in Bangladesh and Uganda. From 2007 to 2013, USAID funded the Fistula Care project, and in 2013, USAID awarded a new 5-year cooperative agreement to EngenderHealth for the Fistula Care Plus project to support national fistula programs in Africa and Asia, expand access to care, assess the backlog of cases, test new approaches to improve the efficiency and quality of care, and improve health outcomes. USAID currently supports fistula treatment services in 137 sites in six countries and addresses prevention in those sites and 36 more. The ceiling for the Fistula Care Plus project is $74,490,000. Since 2004, more than 39,000 women have received fistula repairs with USAID support. (16) One of the key global health principles of the United States Global Health Initiative is to strengthen and leverage key multilateral organizations, global health partnerships, and private sector engagement. The United States has committed to join multilateral efforts involving the United Nations and others to make progress toward achieving Millennium Development Goals 4, 5, and 6, and thereafter the Sustainable Development Goals, through the United Nations Secretary General's Every Woman Every Child initiative. (17) The United States, through its commitment to Ending Preventable Maternal and Child Deaths, has set several targets that will reduce the incidence of fistula, including through efforts to reduce maternal mortality to 50 maternal deaths per 100,000 live births by 2035, and support voluntary family planning and reproductive health programs to reach 120,000,000 additional women and girls with family planning information, commodities and services by 2020. The USAID Maternal Health Vision for Action calls for an increased focus on averting and addressing maternal morbidity and disability. SEC. 3. PREVENTION AND TREATMENT OF OBSTETRIC FISTULA. (a) Authorization.--The President is authorized, in accordance with this section and section 4, to provide assistance, including through international organizations, national governments, and international and local nongovernmental organizations, to-- (1) address the social and health issues that lead to obstetric fistula; and (2) support treatment of obstetric fistula. (b) Activities.--Assistance provided pursuant to subsection (a) shall focus on-- (1) increasing prevention through access to sexual and reproductive health services, including skilled attendance at birth, comprehensive emergency obstetric care, prenatal and antenatal care, contraception (family planning), and supporting comprehensive sexuality education; (2) building local capacity and improving national health systems to prevent and treat obstetric fistula within the context of navigating pregnancy in good health overall; (3) supporting tools to enable countries to address obstetric fistula, including supporting qualitative research and data collection on the incidence and prevalence of obstetric fistula, development of sustainable financing mechanisms to encourage facility deliveries and provide fistula survivors access to free or affordable treatment, training of midwives and skilled birth attendants, promoting ``south-to- south'' training, and provision of basic obstetric care at the community level; (4) addressing underlying social and economic inequities, including empowering women and girls, reducing incidence of child marriage, delaying childbirth, and increasing access to formal and nonformal education; (5) supporting reintegration and training programs to help women who have undergone treatment return to full and productive lives; and (6) promoting public awareness to increase understanding of obstetric fistula, and thereby improve prevention and treatment efforts, to help reduce stigma and violence against women and girls with obstetric fistula. SEC. 4. COORDINATION, REPORTING, RESEARCH, MONITORING, AND EVALUATION. (a) In General.--Assistance authorized under this Act shall-- (1) promote the coordination facilitated by the International Obstetric Fistula Working Group, which coordinates between and among donors, multilateral institutions, the private sector, nongovernmental and civil society organizations, and governments in order to support comprehensive prevention and treatment of obstetric fistula; and (2) be used for the development and implementation of evidence-based programs, including monitoring, evaluation, and research to measure the effectiveness and efficiency of such programs throughout their planning and implementation phases. (b) Reporting.--Not later than one year after the date of the enactment of this Act and annually thereafter, the President shall transmit to Congress a report on activities undertaken pursuant to this Act during the preceding fiscal year to reduce the incidence of and increase treatment for obstetric fistula, and how such activities fit into existing national action plans to prevent and treat obstetric fistula.

Obstetric Fistula Prevention, Treatment, Hope, and Dignity Restoration Act of 2015 This bill authorizes the President to provide assistance, including through international organizations, national governments, and international and local nongovernmental organizations, to: (1) address the social and health issues that lead to obstetric fistula, and (2) support treatment of obstetric fistula. Obstetric fistula occurs when a woman who is experiencing prolonged, obstructed labor and needs trained medical assistance for a safe delivery, usually a cesarean section, cannot get it. Such assistance shall promote the coordination facilitated by the International Obstetric Fistula Working Group.

Obstetric Fistula Prevention, Treatment, Hope, and Dignity Restoration Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``DoD Laboratory Authorities for Breakthrough Scientific Research Act'' or the ``DoD LABS Research Act''. SEC. 2. TRAVEL TO TECHNICAL SYMPOSIUM OR TECHNICAL CONFERENCE. The Secretary of Defense may not prohibit an employee of a defense laboratory from traveling to a technical symposium or technical conference if the head of the defense laboratory-- (1) determines that there are sufficient amounts available to the defense laboratory for such travel; and (2) approves of such travel using the standard procedures for approving travel. SEC. 3. INCLUSION OF QUALIFIED STUDENTS IN THE TEMPORARY AUTHORITIES FOR CERTAIN POSITIONS AT DEPARTMENT OF DEFENSE RESEARCH AND ENGINEERING FACILITIES. Section 1107(a)(1) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 887; 10 U.S.C. 2358 note) is amended to read as follows: ``(1) Candidates for scientific and engineering positions at science and technology reinvention laboratories.-- ``(A) The director of any Science and Technology Reinvention Laboratory (hereinafter in this section referred to as an `STRL') may appoint qualified candidates to positions described in paragraph (1) of subsection (b) as an employee in a laboratory described in that paragraph without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than section 3303 and 3328 of such title). ``(B) Notwithstanding the provisions of chapter 51 of title 5, United States Code, for purposes of this subsection, the term `qualified candidate' means an individual who-- ``(i) has earned a bachelor's degree; or ``(ii) is a student enrolled in a program of undergraduate or graduate instruction leading to a bachelor's or master's degree in a scientific, technical, engineering, mathematical, or medical course of study at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001)).''. SEC. 4. ASSESSMENT OF CERTAIN DEPARTMENT OF DEFENSE HIRING PRACTICES. (a) Assessment Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation and use by the Department of Defense of the following hiring authorities: (1) Section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 5 U.S.C. 3104 note). (2) Section 1107 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 887; 10 U.S.C. 2358 note). (3) Section 9903 of title 5, United States Code (relating to highly qualified experts). (4) The Intergovernmental Personnel Act (5 U.S.C. 3371 et seq.). (b) Contents.--The report required under subsection (a) shall contain-- (1) a description, including quantitative data, of the implementation and use by each service and Defense Agency within the Department of Defense of each authority in subsection (a), including issues encountered, successes, and lessons learned; and (2) recommendations with respect to-- (A) improvements for such authorities; (B) tailoring the number of positions or eliminating any limitation on the numbers of positions provided in such authorities (if applicable); (C) how such authorities can be used or improved to best suit the needs of each Department of Defense laboratory; and (D) the continuance of the hiring authority provided under section 1107 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113- 66; 127 Stat. 887; 10 U.S.C. 2358 note) beyond the sunset date provided in subsection (e) of such section. SEC. 5. PERMANENT AUTHORITY FOR EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC AND TECHNICAL PERSONNEL. (a) In General.--Section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261) is amended by striking subsections (e) and (f). (b) Technical and Conforming Amendments.--Such section is further amended-- (1) in the section heading, by striking ``experimental''; (2) in subsection (a)-- (A) by striking ``During the program period specified in subsection (e)(1), the'' and inserting ``The''; and (B) by striking ``experimental''; (3) in subsection (d)(1)-- (A) in the matter preceding subparagraph (A), by striking ``12-month period'' and inserting ``calendar year''; and (B) in subparagraph (A), striking ``fiscal year'' and inserting ``calendar year''; (4) by redesignating subsection (g) as subsection (e); and (5) in subsection (e) (as redesignated by paragraph (4)), by striking ``in which the authority under this section is in effect''.

DoD Laboratory Authorities for Breakthrough Scientific Research Act or the DoD LABS Research Act - Prohibits the Secretary of Defense (DOD) from disallowing an employee of a defense laboratory from traveling to a technical symposium or conference if the head of such laboratory determines that there is a sufficient amount available to the laboratory for such travel and approves such travel using standard travel approval procedures. Amends the National Defense Authorization Act for Fiscal Year 2014 to allow the director of any DOD science and technology laboratory to appoint as an employee, through 2019, any student enrolled in a program of undergraduate or graduate instruction leading to a bachelor's or master's degree in a scientific, technical, engineering, mathematical, or medical course of study. (Under current law, such a director may only appoint through such period a candidate already possessing a bachelor's degree or a qualified veteran.) Directs the Secretary to report to the congressional defense committees on the implementation and use by DOD of specified hiring authorities provided under federal law, prior defense authorization Acts, and the Intergovernmental Personnel Act. Amends the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 to reinstate and make permanent a DOD personnel program for the hiring of scientific and technical personnel.

DoD LABS Research Act