FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Region National Heritage Area Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the Oil Region of northwestern Pennsylvania-- (A) contains numerous sites and districts listed on the National Register of Historic Places; and (B) is designated by the Governor of Pennsylvania as a State Heritage Park Area; (2) the Oil Region-- (A) is a region with tremendous physical and natural resources; and (B) possesses a story of State, national, and international significance; (3) the drilling of the world's first successful oil well by Colonel Edwin Drake in 1859 has affected the industrial, natural, social, and political structures of the modern world; (4) 6 national historic districts and 17 separate National Register sites are located in Emlenton, Franklin, Oil City, and Titusville, Pennsylvania, within the State Heritage Park boundary; (5) the Allegheny River, which was designated as a component of the national wild and scenic rivers system in 1992 by Public Law 102-271 (16 U.S.C. 1274 note; 106 Stat. 108), and several of the tributaries of the River, such as Oil Creek, French Creek, and Sandy Creek, traverse, and connect several major sites within, the Oil Region; (6) the unspoiled rural character of the Oil Region provides many natural and recreational resources, scenic vistas, and excellent water quality for the public to enjoy; (7) remnants of the oil industry that remain visible on the landscape of the Oil Region, as well as historic valley settlements, riverbed settlements, plateau developments, farmland, and industrial landscapes, provide a direct link to the past for visitors; (8) the Oil Region represents a cross section of the history of the United States as that history relates to-- (A) Native Americans; (B) frontier settlements; (C) the French and Indian War; (D) African Americans and the Underground Railroad; and (E) the immigration of Swedish and Polish individuals; and (9) involvement by the Federal Government would enhance the efforts of the State (including political subdivisions), volunteer organizations, and private entities in promoting cultural, historical, natural, recreational, and scenic resources of the Oil Region. (b) Purpose.--The purpose of this Act is to establish a cooperative management framework to assist the State in conserving, enhancing, and interpreting the significant features of the land, water, and structures of the Oil Region in a manner that is consistent with compatible economic development for the benefit and inspiration of present and future generations. SEC. 3. DEFINITIONS. In this Act: (1) Compact.--The term ``compact'' means the compact between the Secretary and the management entity described in section 5. (2) Heritage area.--The term ``Heritage Area'' means the Oil Region National Heritage Area established by section 4(a). (3) Management entity.--The term ``management entity'' means the Oil Heritage Region, Inc. (or a successor entity). (4) Management plan.--The term ``management plan'' means the management plan for the Heritage Area developed under section 7. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the National Park Service. (6) State.--The term ``State'' means the State of Pennsylvania. SEC. 4. OIL REGION NATIONAL HERITAGE AREA. (a) Establishment.--There is established the Oil Region National Heritage Area in the State. (b) Boundaries.-- (1) In general.--The boundaries of the Heritage Area shall be the boundaries of the land depicted on the map entitled ``Oil Region National Heritage Area'', numbered OIRE/20,000, and dated October, 2000. (2) Availability of map.--The map described in paragraph (1) shall be on file in the appropriate offices of the Secretary. (3) Publication.--As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register a detailed description and map of the boundaries established under this subsection. SEC. 5. COMPACT. (a) In General.--The Secretary shall enter into a compact with the management entity to carry out this Act. (b) Components.--The compact shall include-- (1) information relating to the objectives and management of the Heritage Area; and (2) a description of the goals and objectives of the Heritage Area that includes-- (A) an explanation of the proposed approach to conservation and interpretation; and (B) a general outline of the protection measures on which the Secretary and management entity agree. SEC. 6. DUTIES OF MANAGEMENT ENTITY. (a) In General.--The management entity shall-- (1) develop a management plan for the Heritage Area in accordance with section 7; (2) give priority to implementing actions described in the compact and management plan; (3) assist units of government, regional planning organizations, and nonprofit organizations in-- (A) establishing and maintaining interpretive exhibits in the Heritage Area; (B) developing recreational resources in the Heritage Area; (C) increasing public awareness of and appreciation for the natural, historical, and architectural resources and sites in the Heritage Area; (D) restoring any historic buildings relating to the themes of the Heritage Area; (E) ensuring that clear, consistent, and environmentally appropriate signs identifying access points and sites of interest are installed at appropriate locations throughout the Heritage Area; and (F) carrying out other actions in furtherance of the purposes of this Act, as determined to be appropriate by the management entity; (4) encourage, using appropriate means, economic viability in the Heritage Area in accordance with the goals of the management plan; (5) consider the interests of diverse governmental, business, and nonprofit groups within the Heritage Area; and (6) with respect to any year for which Federal funds have been provided to implement the management plan under subsection (b)-- (A) conduct public meetings at least annually regarding the implementation of the management plan; (B) submit to the Secretary an annual report that, for the year for which the report is submitted-- (i) describes accomplishments, expenses, and income of the management entity; and (ii) identifies each person that received a grant from the management entity; and (C) require, with respect to each agreement entered into by the management entity that authorizes the expenditure of Federal funds by any other person, that the person making the expenditure make available to the management entity for audit all records pertaining to the expenditure of those funds. (b) Use of Funds.-- (1) In general.--The management entity may use funds made available under this Act-- (A) to prepare, update, and implement the management plan; and (B) to carry out related activities such as-- (i) making grants to, and entering into cooperative agreements with, States (including political subdivisions), private organizations, or other persons; (ii) hiring and compensating staff; and (iii) carrying out initiatives that advance the purposes of the Heritage Area. (2) Prohibition on the acquisition of real property.--The management entity shall not use any funds made available under this Act to acquire real property or an interest in real property. SEC. 7. MANAGEMENT PLAN. (a) In General.--The management plan shall-- (1) present comprehensive strategies and recommendations for conservation, funding, management, and development of the Heritage Area; (2)(A) take into consideration State, county, and local plans in effect as of the date of enactment of this Act; and (B) involve residents, public agencies, and private organizations working in the Heritage Area; (3) include a description of actions that units of government and private organizations have agreed to take to protect the resources of the Heritage Area; (4) specify any existing and potential sources of funding to protect, manage, and develop the Heritage Area; (5) include an inventory of the resources contained in the Heritage Area (including a list of any property in the Heritage Area) that-- (A) are related to the themes of the Heritage Area; and (B) should be preserved, restored, managed, developed, or maintained because of cultural, historical, natural, recreational, or scenic significance; (6) recommend policies for resource management that take into consideration, and include, as appropriate, the application of land and water management techniques (including the development of intergovernmental and interagency cooperative agreements) to protect, in a manner compatible with the support of economic viability, the cultural, historical, natural, recreational, and scenic resources of the Heritage Area; (7) describe a program for implementation of the management plan by the management entity, including-- (A) plans for restoration and construction; and (B) any specific commitments for the first 5 years of implementation that have been made by the management entity or any other person; (8) include an analysis of ways in which Federal, State, and local programs (including the involvement of the National Park Service) may best be coordinated to promote the purposes of this Act; (9) describe any revisions to the boundaries of the Heritage Area that are-- (A) proposed by the management entity; and (B) requested by the affected local government; and (10) include an interpretation plan for the Heritage Area. (b) Deadline for Submission.--As a condition of the receipt of Federal assistance under this Act, not later than 2 years after the date on which funds are made available to carry out this Act, the management entity shall submit to the Secretary the management plan. (c) Approval and Disapproval of Management Plan.-- (1) In general.--Not later than 90 days after the date on which the Secretary receives the management plan from the management entity under subsection (b), the Secretary, in consultation with the Governor of the State, shall approve or disapprove the management plan. (2) Criteria.--In determining whether to approve the management plan, the Secretary shall take into consideration-- (A) the extent to which the management plan adequately preserves and protects the economic viability and the cultural, historical, natural, recreational, and scenic resources of the Heritage Area; (B) the level of public participation in the development of the management plan; and (C) the extent to which the board of directors of the management entity is representative of the local government and a wide range of interested organizations and citizens. (d) Action Following Disapproval.--If the Secretary disapproves a management plan, the Secretary shall-- (1) advise the management entity in writing of the reasons for the disapproval; and (2) make recommendations for revisions to the management plan. (e) Revision.--Not later than 90 days after the date on which the Secretary receives a revised management plan from the management entity, the Secretary shall approve or disapprove the revised management plan. (f) Approval of Changes.-- (1) In general.--The Secretary shall review and approve any proposed amendment to the management plan that substantially change the management plan, as determined by the Secretary. (2) Funding.--Funds made available under this Act shall not be expended to implement an amendment to the management plan described in paragraph (1) until such date as the Secretary approves the amendment. (g) Effect of Inaction.--If the Secretary does not approve or disapprove the management plan or a proposed amendment to the management plan within the 90-day period described in subsection (c)(1) or (e), respectively, the management plan or amendment to the management plan shall be deemed to have been approved by the Secretary. SEC. 8. DUTIES OF SECRETARY. (a) Technical and Financial Assistance.-- (1) In general.--The Secretary may, at the request of the management entity and subject to the availability of appropriations, provide reimbursable or nonreimbursable technical and financial assistance to the management entity to carry out this Act, including assistance in-- (A) updating and implementing the management plan; and (B) carrying out activities of the management entity. (2) Priority.--In providing assistance under paragraph (1), the Secretary shall give priority to actions that assist in-- (A) the implementation of the management plan; (B) the provision of educational assistance and advice regarding land and water management techniques to conserve the significant resources of the Heritage Area; (C) the development and application of techniques to promote the preservation of any cultural and historic properties within the Heritage Area; (D) the preservation, restoration, and reuse of publicly and privately owned historic buildings; (E) the design and production of interpretive materials based on the management plan, including-- (i) guide brochures; (ii) visitor displays; (iii) audio-visual and interactive exhibits; and (iv) educational curricula materials for public education; and (F) the implementation of initiatives prior to approval of the management plan. (b) Documentation of Structures.--The Secretary, in cooperation with the Historic American Building Survey and the Historic American Engineering Record, shall conduct studies necessary to document the industrial, engineering, building, and architectural history of the Heritage Area. SEC. 9. DUTIES OF OTHER FEDERAL AGENCIES. Any Federal agency that conducts or supports an activity that directly affects the Heritage Area shall-- (1) consult with the Secretary and the management entity with respect to the activity; (2)(A) cooperate with the Secretary and the management entity in carrying out this Act; and (B) to the maximum extent practicable, coordinate the activity of the Federal agency with the efforts of the Secretary and the management entity; and (3) to the maximum extent practicable, conduct or support the activity of the Federal agency in such manner as the Secretary and the management entity determine shall not have an adverse effect on the Heritage Area. SEC. 10. USE OF FEDERAL FUNDS FROM OTHER SOURCES. Nothing in this Act affects the authority of the management entity to use Federal funds made available under any other Act for the purposes for which those funds are authorized. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act-- (1) $1,000,000 for any fiscal year; and (2) a total of $10,000,000. (b) Cost Sharing.--The Federal share of the cost of any activity carried out under this Act shall not exceed 50 percent. SEC. 12. TERMINATION OF EFFECTIVENESS. The authority provided by this Act terminates effective on the date that is 15 years after the date of enactment of this Act.

Oil Region National Heritage Area Act - Establishes the Oil Region National Heritage Area in Pennsylvania.Requires the Secretary of the Interior, acting through the Director of the National Park Service, to enter into a compact with the Oil Heritage Region, Inc. (the management entity for the Area) to carry out this Act.Bars the use of funds under this Act to acquire real property.Directs the Secretary, in cooperation with the Historic American Building Survey and the Historic American Engineering Record, to conduct studies to document the industrial, engineering, building, and architectural history of the Area.Limits the Federal assistance match to 50 percent of any activity's total cost.

A bill to establish the Oil Region National Heritage Area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``President John F. Kennedy Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) John Fitzgerald Kennedy served in the United States Navy, earning the Navy and Marine Corps Medal and a Purple Heart for his actions following the sinking of PT-109 during World War II; (2) John Fitzgerald Kennedy served honorably in the United States House of Representatives from 1947 to 1953; (3) John Fitzgerald Kennedy served honorably in the United States Senate from 1953 to 1960; (4) in 1960, at 43 years of age, John Fitzgerald Kennedy became the youngest person ever elected President of the United States; (5) in his inaugural address, President Kennedy challenged all people of the United States to ``ask not what your country can do for you--ask what you can do for your country''; (6) President Kennedy's call to service laid the foundation for the development of the Peace Corps; (7) President Kennedy again challenged the United States to put a man on the moon by the end of the 1960s and his ``moonshot'' is credited for spurring an interest in science and innovation; (8) 2017 marks the 100th anniversary of the birth of President Kennedy, the 35th President of the United States; and (9) a commemorative coin honoring President Kennedy's legacy of courage, service, innovation, and inclusion will be a reminder to future generations of the importance of service to one's country. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins in commemoration of President John F. Kennedy, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain not less than 90 percent silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the life and legacy of President John F. Kennedy. (2) Design and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year 2020; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the John F. Kennedy Library Foundation and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2020. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the John F. Kennedy Library Foundation, to support the John F. Kennedy Presidential Library and Museum. (c) Limitations.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

President John F. Kennedy Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue not more than 500,000 $1 silver coins in commemoration of President John F. Kennedy. The bill requires all sales of such coins to include a surcharge of $10 per coin, which shall be paid by Treasury to the John F. Kennedy Library Foundation to support the John F. Kennedy Presidential Library and Museum.

President John F. Kennedy Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cottonwood Land Exchange Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) County.--The term ``County'' means Yavapai County, Arizona. (2) Federal land.--The term ``Federal land'' means all right, title, and interest of the United States in and to approximately 80 acres of land within the Coconino National Forest, in Yavapai County, Arizona, generally depicted as ``Coconino National Forest Parcels `Federal Land''' on the map. (3) Map.--The term ``map'' means the map entitled ``Cottonwood Land Exchange'', dated December 2015. (4) Non-federal land.--The term ``non-Federal land'' means the approximately 369 acres of land in Yavapai County, Arizona, generally depicted as ``Yavapai County Parcels `Non-Federal Land''' on the map. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, unless otherwise specified. SEC. 3. LAND EXCHANGE. (a) In General.--If the County offers to convey to the Secretary all right, title, and interest of the County in and to the non-Federal land, the Secretary shall accept the offer and simultaneously convey to the County all right, title, and interest of the United States to the Federal land. (b) Land Title.--Title to the non-Federal land conveyed to the Secretary under this Act shall be acceptable to the Secretary and shall conform to the title approval standards of the Attorney General of the United States applicable to land acquisitions by the Federal Government. (c) Exchange Costs.--The County shall pay for all land survey, appraisal, and other costs to the Secretary as may be necessary to process and consummate the exchange under this Act, including reimbursement to the Secretary, if the Secretary so requests, for staff time spent in such processing and consummation. SEC. 4. EQUAL VALUE EXCHANGE AND APPRAISALS. (a) Appraisals.--The values of the lands to be exchanged under this Act shall be determined by the Secretary through appraisals performed in accordance with-- (1) the Uniform Appraisal Standards for Federal Land Acquisitions; (2) the Uniform Standards of Professional Appraisal Practice; (3) appraisal instructions issued by the Secretary; and (4) shall be performed by an appraiser mutually agreed to by the Secretary and the County. (b) Equal Value Exchange.--The values of the Federal and non- Federal land parcels exchanged shall be equal, or if they are not equal, shall be equalized as follows: (1) Surplus of federal land value.--If the final appraised value of the Federal land exceeds the final appraised value of the non-Federal land, the County shall make a cash equalization payment to the United States as necessary to achieve equal value, including, if necessary, an amount in excess of that authorized pursuant to section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (2) Use of funds.--Any cash equalization moneys received by the Secretary under paragraph (1) shall be-- (A) deposited in the fund established under Public Law 90-171 (commonly known as the ``Sisk Act''; 16 U.S.C. 484a); and (B) made available to the Secretary for the acquisition of land or interests in land in Region 3 of the Forest Service. (3) Surplus of non-federal land value.--If the final appraised value of the non-Federal land exceeds the final appraised value of the Federal land, the United States shall not make a cash equalization payment to the County, and surplus value of the non-Federal land shall be considered a donation by the County to the United States for all purposes of law. SEC. 5. WITHDRAWAL PROVISIONS. Lands acquired by the Secretary under this Act shall, without further action by the Secretary, be permanently withdrawn from all forms of appropriation and disposal under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1930 (30 U.S.C. 1001 et seq.). SEC. 6. MANAGEMENT OF LAND. Land acquired by the Secretary under this Act shall become part of the Coconino National Forest and be managed in accordance with the laws, rules, and regulations applicable to the National Forest System. SEC. 7. MAPS, ESTIMATES, AND DESCRIPTIONS. (a) Minor Errors.--The Secretary and the County may, by mutual agreement-- (1) make minor boundary adjustments to the Federal and non- Federal lands involved in the exchange; and (2) correct any minor errors in any map, acreage estimate, or description of any land to be exchanged. (b) Conflict.--If there is a conflict between a map, an acreage estimate, or a description of land under this Act, the map shall control unless the Secretary and the County mutually agree otherwise. (c) Availability.--The Secretary shall file and make available for public inspection in the headquarters of the Coconino National Forest a copy of all maps referred to in this Act.

Cottonwood Land Exchange Act of 2016 This bill directs the Department of Agriculture (USDA), if Yavapai County in Arizona offers to convey to the USDA 369 acres of specified nonfederal land in the county, to accept the offer and convey to Yavapai County 80 acres of specified federal land within the Coconino National Forest in the county. The USDA shall determine the values of the lands to be exchanged through appraisals following specified requirements. The values shall be equal, or if they are not equal, equalized as prescribed by this bill. Lands acquired by the USDA under this bill shall become part of the Coconino National Forest.

Cottonwood Land Exchange Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Independence, Limiting Subsidies, and Accelerating Vehicle Efficiency (OILSAVE) Act''. SEC. 2. TAX CREDIT FOR FUEL-EFFICIENT MOTOR VEHICLES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by inserting after section 30C the following new section: ``SEC. 30D. FUEL-EFFICIENT MOTOR VEHICLE CREDIT. ``(a) Allowance of Credit.--There shall be allowed a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable amount for each new qualified fuel-efficient motor vehicle placed in service by the taxpayer during the taxable year. ``(b) New Qualified Fuel-Efficient Motor Vehicle.--For purposes of this section, the term `new qualified fuel-efficient motor vehicle' means a motor vehicle (as defined under section 30(c)(2))-- ``(1) which is a passenger automobile or a light truck, ``(2) which-- ``(A) in the case of a passenger automobile, achieves a fuel economy of not less than 34.5 miles per gallon, and ``(B) in the case of a light truck, achieves a fuel economy of not less than 27.5 miles per gallon, ``(3) the original use of which commences with the taxpayer, ``(4) which is acquired for use or lease by the taxpayer and not for resale, and ``(5) which is made by a manufacturer for model year 2009, 2010, or 2011. ``(c) Applicable Amount.--For purposes of this section, the applicable amount shall be determined as follows: ------------------------------------------------------------------------ In the case of a In the case passenger of a light If the motor vehicle achieves a fuel economy automobile, truck, the of: the applicable applicable amount is: amount is: ------------------------------------------------------------------------ 27.5 miles per gallon......................... $0 $630 28.5.......................................... 0 710 29.5.......................................... 0 780 30.5.......................................... 0 850 31.5.......................................... 0 920 32.5.......................................... 0 980 33.5.......................................... 0 1,040 34.5.......................................... 630 1,090 35.5.......................................... 700 1,140 36.5.......................................... 760 1,190 37.5.......................................... 820 1,240 38.5.......................................... 880 1,280 39.5.......................................... 940 1,320 40.5.......................................... 990 1,360 41.5.......................................... 1,040 1,400 42.5.......................................... 1,090 1,430 43.5.......................................... 1,140 1,470 44.5.......................................... 1,180 1,500 45.5.......................................... 1,220 1,530 46.5.......................................... 1,260 1,560 47.5.......................................... 1,300 1,590 48.5.......................................... 1,340 1,620 49.5.......................................... 1,370 1,640 50.5.......................................... 1,410 1,670 51.5.......................................... 1,440 1,690 52.5.......................................... 1,470 1,720 53.5.......................................... 1,500 1,740 54.5.......................................... 1,530 1,760 55.5.......................................... 1,560 1,780 56.5.......................................... 1,590 1,800 57.5.......................................... 1,610 1,820 58.5.......................................... 1,640 1,840 59.5 or more.................................. 1,660 1,860 ------------------------------------------------------------------------ ``(d) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Fuel economy.--The term `fuel economy' has the meaning given such term under section 32901(a)(10) of title 49, United States Code. ``(2) Model year.--The term `model year' has the meaning given such term under section 32901(a)(14) of such title. ``(3) Other terms.--The terms `passenger automobile', `light truck', and `manufacturer' have the meaning given such terms in regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act. ``(4) Reduction in basis.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed. ``(5) No double benefit.-- ``(A) Coordination with other vehicle credits.--No credit shall be allowed under subsection (a) with respect to any new qualified fuel-efficient motor vehicle for any taxable year if a credit is allowed with respect to such motor vehicle for such taxable year under section 30 or 30B. ``(B) Other tax benefits.--The amount of any deduction or credit (other than the credit allowable under this section and any credit described in subparagraph (A)) allowable under this chapter with respect to any new qualified fuel-efficient motor vehicle shall be reduced by the amount of credit allowed under subsection (a) for such motor vehicle for such taxable year. ``(6) Property used outside the united states, etc., not qualified.--No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ``(7) Election not to take credit.--No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects not to have this section apply to such vehicle. ``(8) Interaction with air quality and motor vehicle safety standards.--Unless otherwise provided in this section, a motor vehicle shall not be considered eligible for a credit under this section unless such vehicle is in compliance with-- ``(A) the applicable provisions of the Clean Air Act for the applicable make and model year of the vehicle (or applicable air quality provisions of State law in the case of a State which has adopted such provision under a waiver under section 209(b) of the Clean Air Act), and ``(B) the motor vehicle safety provisions of sections 30101 through 30169 of title 49, United States Code. ``(e) Credit May Be Transferred.-- ``(1) In general.--A taxpayer may, in connection with the purchase of a new qualified fuel-efficient motor vehicle, transfer any credit allowable under subsection (a) to any person who is in the trade or business of selling new qualified fuel-efficient motor vehicles, but only if such person clearly discloses to such taxpayer, through the use of a window sticker attached to the new qualified fuel-efficient vehicle-- ``(A) the amount of any credit allowable under subsection (a) with respect to such vehicle, and ``(B) a notification that the taxpayer will not be eligible for any credit under section 30 or 30B with respect to such vehicle unless the taxpayer elects not to have this section apply with respect to such vehicle. ``(2) Consent required for revocation.--Any transfer under paragraph (1) may be revoked only with the consent of the Secretary. ``(3) Regulations.--The Secretary may prescribe such regulations as necessary to ensure that any credit described in paragraph (1) is claimed once and not retransferred by a transferee.''. (b) Conforming Amendments.-- (1) Section 1016(a) of the Internal Revenue Code of 1986 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 30D(d)(4).''. (2) Section 6501(m) of such Code is amended by inserting ``30D(d)(7),'' after ``30C(e)(5),''. (3) The table of section for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30C the following new item: ``Sec. 30D. Fuel-efficient motor vehicle credit.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act with respect to model years 2009, 2010, and 2011. SEC. 3. SENSE OF THE SENATE REGARDING OFFSETTING REVENUES. It is the sense of the Senate that the cost of the amendments made by section 2 shall be offset by equivalent revenues specified in related legislation.

Oil Independence, Limiting Subsidies, and Accelerating Vehicle Efficiency (OILSAVE) Act - Amends the Internal Revenue Code to allow a tax credit for the purchase of a new qualified fuel-efficient motor vehicle. Defines "new qualified fuel-efficient motor vehicle" as a passenger automobile with a fuel economy rating of not less than 34.5 miles per gallon or a light truck with a 27.5 miles per gallon rating which are manufactured for model years 2009-2011. Expresses the sense of the Senate that the cost of this Act shall be offset by equivalent revenues in related legislation.

A bill to amend the Internal Revenue Code of 1986 to provide a credit for fuel-efficient motor vehicles, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``EMP Weapons Accountability Assessment Act''. SEC. 2. REPORT ON FOREIGN DEVELOPMENT OF ELECTROMAGNETIC PULSE WEAPONS. (a) In General.--The Director of National Intelligence shall submit to the appropriate congressional committees a report-- (1) on the research, development, testing, and deployment programs of foreign countries relating to-- (A) electromagnetic pulse weapons; (B) delivery systems for EMP weapons; and (C) platforms for carrying EMP weapons delivery systems; and (2) that identifies each foreign country that is pursuing an EMP weapons program, including the means of delivery and the platforms, and describes the scope of such program. (b) Contents.--The report required under subsection (a) shall include, with respect to each country identified in subsection (a)(2) the following: (1) An estimate of when the EMP weapon program began. (2) An estimate of the scope of such program. (3) A description of the technical characteristics of the weapons that are being pursued under such program. (4) A description of how far such program has advanced. (5) A description of any sources of assistance with respect to EMP weapons provided to or by such country and, in the case of assistance provided by such country, a description of to whom such assistance was provided. (6) An assessment of how EMP weapons have been or are being incorporated into the national security and military strategies of such country, with a specific focus on whether such strategies assume that an EMP weapons attack can achieve effects similar to a direct nuclear attack, but not be subject to the deterrence calculations normally applied to nuclear weapons. (7) A description of what kind of tests such country has conducted with delivery systems, including ballistic missiles and satellite launch vehicles, that demonstrate the capability to deliver EMP weapons. (8) An assessment of whether such country is conducting research and development on the effects of EMP weapons, including whether such country is assessing the vulnerabilities of such country to EMP weapons and the ability of such country to survive an attack making use of EMP weapons. (9) An assessment of whether such country has tested an EMP delivery system from a platform (including a ship or aircraft) that could serve to expedite the achievement of an active EMP weapons capability against the United States. (10) An assessment of whether such country perceives the United States to be particularly vulnerable to an EMP weapons attack. (11) A description of the elements of the research, development, test, and deployment program for EMP weapons of such country, if any, that are designed as countermeasures to defensive options for defeating EMP weapons attacks. (c) References to Other Reports.--The report submitted under subsection (a) shall include a copy of any other report that is incorporated by reference into the report submitted under subsection (a). (d) Unclassified Summary.--The report submitted under subsection (a) shall include an unclassified summary of such report. (e) Submission to Congress.-- (1) In general.--Except as provided in paragraph (2), the Director of National Intelligence shall submit to the appropriate congressional committees the first report required under subsection (a) not later than 180 days after the date of the enactment of this Act. (2) Notification of delay in submission.--If the Director of National Intelligence determines that it will not be possible for the Director to submit the report required under subsection (a) by the date required under paragraph (1), the Director shall, not later than 30 days prior to the expiration of the 180-day period beginning on the date of the enactment of this Act, submit to the appropriate congressional committees a notice-- (A) that such report will not be submitted by the date required under paragraph (1); and (B) setting forth the date by which the Director will submit such report. (f) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives; and (B) the Select Committee on Intelligence and the Committee on Armed Services of the Senate. (2) Delivery system.--The term ``delivery system'' means any means for placing an EMP weapon in a location where the explosion of the weapon will have an intended damaging impact on electrical power systems, electronics, information systems, and other infrastructure that depends on such systems. (3) Electromagnetic pulse weapon.--The terms ``electromagnetic pulse weapon'' and ``EMP weapon'' mean an explosive weapon that generates electromagnetic fields that have a high likelihood of damaging electrical power systems, electronics, information systems, and other infrastructure that depends on such systems. (4) Platform.--The term ``platform'' means any system capable of serving as the launch point of an EMP weapon delivery system.

EMP Weapons Accountability Assessment Act - Requires the Director of National Intelligence to report to the congressional intelligence and defense committees on the research, development, testing, and deployment programs of foreign countries relating to electromagnetic pulse (EMP) weapons and associated delivery systems and platforms. Directs that such report identify each country pursuing an EMP weapons program and describe the scope of each such program.

To require the Director of National Intelligence to submit a report on the foreign development of electromagnetic pulse weapons.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerating Access to Capital Act of 2016''. TITLE I--ACCELERATING ACCESS TO CAPITAL SEC. 101. EXPANDED ELIGIBILITY FOR USE OF FORM S-3. Not later than 45 days after the date of the enactment of this Act, the Securities and Exchange Commission shall revise Form S-3-- (1) so as to permit securities to be registered pursuant to General Instruction I.B.1. of such form provided that either-- (A) the aggregate market value of the voting and non-voting common equity held by non-affiliates of the registrant is $75,000,000 or more; or (B) the registrant has at least one class of common equity securities listed and registered on a national securities exchange; and (2) so as to remove the requirement of paragraph (c) from General Instruction I.B.6. of such form. TITLE II--MICRO-OFFERING SAFE HARBOR SEC. 201. EXEMPTIONS FOR MICRO-OFFERINGS. (a) In General.--Section 4 of the Securities Act of 1933 (15 U.S.C. 77d) is amended-- (1) in subsection (a), by adding at the end the following: ``(8) transactions meeting the requirements of subsection (f).''; and (2) by adding at the end the following: ``(f) Certain Micro-Offerings.-- ``(1) In general.--Except as provided in paragraph (2), the transactions referred to in subsection (a)(8) are transactions involving the sale of securities by an issuer (including all entities controlled by or under common control with the issuer) that meet all of the following requirements: ``(A) Pre-existing relationship.--Each purchaser has a substantive pre-existing relationship with an officer of the issuer, a director of the issuer, or a shareholder holding 10 percent or more of the shares of the issuer. ``(B) 35 or fewer purchasers.--There are no more than, or the issuer reasonably believes that there are no more than, 35 purchasers of securities from the issuer that are sold in reliance on the exemption provided under subsection (a)(8) during the 12-month period preceding such transaction. ``(C) Small offering amount.--The aggregate amount of all securities sold by the issuer, including any amount sold in reliance on the exemption provided under subsection (a)(8), during the 12-month period preceding such transaction, does not exceed $500,000. ``(2) Disqualification.-- ``(A) In general.--The exemption provided under subsection (a)(8) shall not be available for a transaction involving a sale of securities if any person described in subparagraph (B) would have triggered disqualification pursuant to section 230.506(d) of title 17, Code of Federal Regulations. ``(B) Persons described.--The persons described in this subparagraph are the following: ``(i) The issuer. ``(ii) Any predecessor of the issuer. ``(iii) Any affiliated issuer. ``(iv) Any director, executive officer, other officer participating in the offering, general partner, or managing member of the issuer. ``(v) Any beneficial owner of 20 percent or more of the issuer's outstanding voting equity securities, calculated on the basis of voting power. ``(vi) Any promoter connected with the issuer in any capacity at the time of such sale. ``(vii) Any investment manager of an issuer that is a pooled investment fund. ``(viii) Any person that has been or will be paid (directly or indirectly) remuneration for solicitation of purchasers in connection with such sale of securities. ``(ix) Any general partner or managing member of any such investment manager or solicitor. ``(x) Any director, executive officer, or other officer participating in the offering of any such investment manager or solicitor or general partner or managing member of such investment manager or solicitor.''. (b) Exemption Under State Regulations.--Section 18(b)(4) of the Securities Act of 1933 (15 U.S.C. 77r(b)(4)) is amended-- (1) in subparagraph (F), by striking ``or'' at the end; (2) in subparagraph (G), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(H) section 4(a)(8).''. TITLE III--PRIVATE PLACEMENT IMPROVEMENT SEC. 301. REVISIONS TO SEC REGULATION D. Not later than 45 days following the date of the enactment of this Act, the Securities and Exchange Commission shall revise Regulation D (17 CFR 501 et seq.) in accordance with the following: (1) The Commission shall revise Form D filing requirements to require an issuer offering or selling securities in reliance on an exemption provided under Rule 506 of Regulation D to file with the Commission a single notice of sales containing the information required by Form D for each new offering of securities no earlier than 15 days after the date of the first sale of securities in the offering. The Commission shall not require such an issuer to file any notice of sales containing the information required by Form D except for the single notice described in the previous sentence. (2) The Commission shall make the information contained in each Form D filing available to the securities commission (or any agency or office performing like functions) of each State and territory of the United States and the District of Columbia. (3) The Commission shall not condition the availability of any exemption for an issuer under Rule 506 of Regulation D (17 CFR 230.506) on the issuer's or any other person's filing with the Commission of a Form D or any similar report. (4) The Commission shall not require issuers to submit written general solicitation materials to the Commission in connection with a Rule 506(c) offering, except when the Commission requests such materials pursuant to the Commission's authority under section 8A or section 20 of the Securities Act of 1933 (15 U.S.C. 77h-1 or 77t) or section 9, 10(b), 21A, 21B, or 21C of the Securities Exchange Act of 1934 (15 U.S.C. 78i, 78j(b), 78u-1, 78u-2, or 78u-3). (5) The Commission shall not extend the requirements contained in Rule 156 to private funds. (6) The Commission shall revise Rule 501(a) of Regulation D to provide that a person who is a ``knowledgeable employee'' of a private fund or the fund's investment adviser, as defined in Rule 3c-5(a)(4) (17 CFR 270.3c-5(a)(4)), shall be an accredited investor for purposes of a Rule 506 offering of a private fund with respect to which the person is a knowledgeable employee. Passed the House of Representatives September 8, 2016. Attest: KAREN L. HAAS, Clerk.

Accelerating Access to Capital Act of 2016 TITLE I--ACCELERATING ACCESS TO CAPITAL (Sec. 101) This bill directs the Securities and Exchange Commission (SEC) to revise Form S-3 (a simplified securities registration form for companies that have already met other reporting requirements) so as to permit securities to be registered pursuant to General Instruction I.B.1. of the form if: (1) the aggregate market value of voting and non-voting common equity held by non-affiliates of the registrant is $75 million or more, or (2) the registrant has at least one class of common equity securities listed and registered on a national securities exchange. The SEC must remove a certain listing and registration requirement from General Instruction I.B.6. of Form S-3. TITLE II--MICRO-OFFERING SAFE HARBOR (Sec. 201) The Securities Act of 1933 is amended to exempt from specified prohibitions against the sale or delivery after sale of unregistered securities, among other things, transactions involving the sale of securities by an issuer of micro-offerings if: each purchaser has a substantive pre-existing relationship with either an officer or director of the issuer, or with a shareholder holding 10% or more of the issuer's shares; during the 12-month period preceding the transaction there are no more than 35 purchasers of such micro-offerings sold in reliance on this exemption; and the aggregate amount of all securities sold by the issuer (including any amount sold in reliance upon the exemption) during the 12-month period preceding the transaction does not exceed $500,000. The exemption shall not apply, however, to transactions involving a sale of securities if issuers, officers, beneficial owners, promotors, investment managers, or other specified persons would have triggered the SEC's "bad actor" disqualification standards for certain previous securities violations or criminal convictions. These bad actors are prohibited from participating in a micro-offering. The bill also exempts such micro-offerings from state regulation of securities offerings. TITLE III--PRIVATE PLACEMENT IMPROVEMENT (Sec. 301) The SEC must revise the filing requirements of Regulation D (which provides exemptions from securities registration requirements) to require an issuer that offers or sells securities in reliance upon a certain exemption from registration (for limited offers and sales without regard to the dollar amount of the offering [Rule 506]) to file, no earlier than 15 days after the date of first sale of such securities, a single notice of sales containing the information required by Form D (used to file a notice of an exempt offering of securities under Regulation D) for each new offering of securities. The SEC shall not: (1) require the issuer to file any notice of sales containing the information required by Form D except for this single notice; (2) condition the availability of the Rule 506 exemption upon the filing of a Form D or similar report; or (3) require issuers to submit written general solicitation materials in connection with a limited offering subject to Rule 506, except when it requests such materials pursuant to specified authority. The SEC shall revise a specified rule, regarding a Rule 506 offering of a private fund, to characterize as an accredited investor a "knowledgeable employee" of that private fund or the fund's investment adviser. The SEC shall not extend to private funds the requirements governing investment company sales literature.

Accelerating Access to Capital Act of 2016

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Affordable Housing Improvement Act of 1998''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. INCREASE IN STATE CEILING ON LOW-INCOME HOUSING CREDITS, ETC. (a) In General.--Clause (i) of section 42(h)(3)(C) (relating to State housing credit ceiling) is amended by striking ``$1.25'' and inserting ``$1.75''. (b) Adjustment of State Ceiling for Increases in Cost-of-Living.-- Paragraph (3) of section 42(h) (relating to housing credit dollar amount for agencies) is amended by adding at the end the following new subparagraph: ``(H) Cost-of-living adjustment.-- ``(i) In general.--In the case of a calendar year after 1999, the dollar amount contained in subparagraph (C)(i) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 1998' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.--If any increase under clause (i) is not a multiple of 5 cents, such increase shall be rounded to the next lowest multiple of 5 cents.''. (c) Modification to Penalty for Agency Allocations in Excess of Limit.--Subparagraph (B) of section 42(h)(7) is amended by striking all that follows the comma and inserting ``the State housing credit ceiling for the following calendar year shall be reduced by the amount of such excess (twice the amount of such excess to the extent the Secretary determines that the excess allocation was not inadvertent).''. SEC. 3. MODIFICATION OF CRITERIA FOR ALLOCATING HOUSING CREDITS AMONG PROJECTS. (a) Selection Criteria.--Subparagraph (C) of section 42(m)(1) (relating to certain selection criteria must be used) is amended-- (1) by inserting ``, including whether the project includes the use of existing housing as part of a community revitalization plan'' before the comma at the end of clause (iii), and (2) by striking ``and'' at the end of clause (vi), by striking the period at the end of clause (vii) and inserting a comma, and by adding at the end the following new clauses: ``(viii) tenant populations of individuals with children, and ``(ix) projects intended for eventual tenant ownership.''. (b) Preference for Community Revitalization Projects Located in Qualified Census Tracts.--Clause (ii) of section 42(m)(1)(B) is amended by striking ``and'' at the end of subclause (I), by adding ``and'' at the end of subclause (II), and by inserting after subclause (II) the following new subclause: ``(III) projects which are located in qualified census tracts (as defined in subsection (d)(5)(C)) and the development of which contributes to a concerted community revitalization plan,''. SEC. 4. ADDITIONAL RESPONSIBILITIES OF HOUSING CREDIT AGENCIES. (a) Market Study; Public Disclosure of Rationale for Not Following Credit Allocation Priorities.--Subparagraph (A) of section 42(m)(1) (relating to responsibilities of housing credit agencies) is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting a comma, and by adding at the end the following new clauses: ``(iii) a comprehensive market study of the housing needs of low-income individuals in the area to be served by the building is conducted before the credit allocation is made and at the developer's expense by a disinterested party who is approved by such agency, and ``(iv) a written explanation is available to the general public for any allocation of a housing credit dollar amount which is not made in accordance with established priorities and selection criteria of the housing credit agency.''. (b) Site Visits.--Clause (iii) of section 42(m)(1)(B) (relating to qualified allocation plan) is amended by inserting before the period ``and in monitoring for noncompliance with habitability standards through regular site visits''. (c) Limitation on Fees Imposed by Housing Credit Agencies in Connection With Credit Allocation.--Subsection (m) of section 42 is amended by adding at the end the following new paragraph: ``(3) Limitation on amount of fees imposed by housing credit agency in connection with credit allocation.--Fees imposed by any housing credit agency in connection with activities carried on by reason of this section may be assessed and collected only in such manner as may reasonably be expected to result in the collection of an aggregate amount which does not exceed the aggregate costs of the agency in carrying on such activities.''. SEC. 5. MODIFICATIONS TO RULES RELATING TO BASIS OF BUILDING WHICH IS ELIGIBLE FOR CREDIT. (a) HOME Assistance Not To Disqualify Building for Additional Credit Available to Buildings in High Cost Areas.--Clause (i) of section 42(i)(2)(E) (relating to buildings receiving HOME assistance) is amended by striking the last sentence. (b) Adjusted Basis To Include Portion of Certain Buildings Used by Low-Income Individuals Who Are Not Tenants and by Project Employees.-- Paragraph (4) of section 42(d) (relating to special rules relating to determination of adjusted basis) is amended-- (1) by striking ``subparagraph (B)'' in subparagraph (A) and inserting ``subparagraphs (B) and (C)'', (2) by redesignating subparagraph (C) as subparagraph (D), and (3) by inserting after subparagraph (B) the following new subparagraph: ``(C) Inclusion of basis of property used to provide services for certain nontenants.-- ``(i) In general.--The adjusted basis of any building located in a qualified census tract (as defined in paragraph (5)(C)) shall be determined by taking into account the adjusted basis of property (of a character subject to the allowance for depreciation and not otherwise taken into account) used throughout the taxable year in providing any community service facility. ``(ii) Limitations.--The increase in the adjusted basis of any building which is taken into account by reason of clause (i) shall not exceed 20 percent of the eligible basis of the building (determined without regard to this subparagraph). ``(iii) Community service facility.--For purposes of this subparagraph, the term `community service facility' means any facility if-- ``(I) such facility is functionally related and subordinate to the qualified low-income project of which the building is a part, ``(II) substantially all of the services provided by the facility during the taxable year are provided to individuals whose income is 60 percent or less of area median income (within the meaning of subsection (g)(1)(B)), and ``(III) the only services provided by the facility other than to individuals described in subclause (II) are provided to employees of such project.''. SEC. 6. EFFECTIVE DATES. (a) In General.--Except as otherwise provided in this section, the amendments made by this Act shall apply to-- (1) housing credit dollar amounts allocated after December 31, 1998, and (2) buildings placed in service after such date to the extent paragraph (1) of section 42(h) of the Internal Revenue Code of 1986 does not apply to any building by reason of paragraph (4) thereof, but only with respect to bonds issued after such date. (b) Increase in State Ceiling.--The amendment made by section 2(a) shall apply to calendar years after 1998. (c) Limitation on Agency Fees.--The amendment made by section 4(c) shall apply to calendar years after 1998.

Affordable Housing Improvement Act of 1998 - Amends the Internal Revenue Code to increase, and link to the cost-of-living adjustment, the State low-income housing credit ceiling. Modifies provisions concerning: (1) the criteria for allocating housing credits among projects; (2) the responsibilities of housing credit agencies; and (3) the basis of a credit-eligible building.

Affordable Housing Improvement Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Equity for the Economic Development of Low Income Areas Act of 2005''. SEC. 2. EXPANSION OF NEW MARKETS VENTURE CAPITAL PROGRAM. (a) Selection of Companies in Each Geographic Region.--Section 354 of the Small Business Investment Act of 1958 is amended by adding at the end the following new subsection: ``(f) Geographic Requirement.--In selecting companies to participate as New Markets Venture Capital companies in the program established under this part, the Administrator shall select, to the extent practicable, from among companies submitting applications under subsection (b), at least one company from each geographic region of the Small Business Administration.'' (b) Participation in New Markets Venture Capital Program.-- (1) Administration participation required.--Section 353 of the Small Business Investment Act of 1958 (15 U.S.C. 689b) is amended by striking ``under which the Administrator may'' and inserting ``under which the Administrator shall''. (2) Small manufacturer participation agreements required.-- Such section, as amended by paragraph (1), is further amended, by inserting after ``section 352'' the following: ``(with at least one such agreement to be with a company engaged primarily in development of and investment in small manufacturers, to the extent practicable)''. (c) Report to Congress.--Not later than 1 year after the date of the enactment of this Act, the Administrator of the Small Business Administration shall submit to Congress a report evaluating the success of the expansion of the New Markets Venture Capital Program under this section. SEC. 3. ESTABLISHMENT OF OFFICE OF NEW MARKETS VENTURE CAPITAL. (a) In General.--Title II of the Small Business Investment Act of 1958 (15 U.S.C. 671 et seq.) is amended by adding at the end the following new section: ``SEC. 202. OFFICE OF NEW MARKETS VENTURE CAPITAL. ``(a) Establishment.--There is hereby established in the Investment Division of the Small Business Administration an office to be known as the `Office of New Markets Venture Capital'. ``(b) Director.--The Office of New Markets Venture Capital shall be headed by a Director who shall be appointed by the Administrator. ``(c) Responsibilities of Director.--Subject to the direction and control of the Administrator, the responsibilities of the Director of the Office of New Markets Venture Capital are as follows: ``(1) To administer the New Markets Venture Capital Program. ``(2) To periodically assess the nature and scope of the New Markets Venture Capital Program and to advise the Administrator on recommended changes to the program based on such assessment. ``(3) To work to expand the number of small business concerns participating in the New Markets Venture Capital Program. ``(4) To encourage investment in small manufacturing. ``(5) To perform such other duties relating to such responsibilities as the Administrator may provide.''. (b) Authorization of Appropriations.--There is authorized to be appropriated $1,000,000 to carry out this section. SEC. 4. LOW-INCOME GEOGRAPHIC AREAS. (a) Modification of Definition of Low-Income Geographic Area for Purposes of New Markets Venture Capital Program.-- (1) In general.--Section 351(3)(A)(ii)(I) of the Small Business Investment Act of 1958 (15 U.S.C. 689(3)(A)(ii)(I)) is amended by striking ``50 percent'' and all that follows through the end and inserting ``the median family income in that tract does not exceed 80 percent of the greater of the statewide median family income or the metropolitan area median family income; or''. (2) Application of amended definition to capital requirement.--The definition of low-income geographic area in section 351(3) of the Small Business Investment Act of 1958 (15 U.S.C. 689(3)), as amended by subsection (a), shall apply to private capital raised under section 354(d)(1) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(d)(1)) before, on, or after the effective date of the amendment made by subsection (a). (b) Study on Availability of Equity Capital.-- (1) Study required.--Before the expiration of the 180-day period that begins on the date of the enactment of this Act, the Chief Counsel for Advocacy of the Small Business Administration shall conduct a study on the availability of equity capital in low-income urban and rural areas. (2) Report.--Not later than 90 days after the completion of the study under paragraph (1) the Administrator shall submit to Congress a report containing the findings of the study required under paragraph (1) and any recommendations of the Administrator based on such study. SEC. 5. CONDITIONALLY APPROVED COMPANIES. (a) Operational Assistance Grants to Conditionally Approved Companies.--Section 358(a) of the Small Business Investment Act of 1958 (15 U.S.C. 689(a)) is amended by adding at the end the following new paragraph: ``(6) Grants to conditionally approved companies.-- ``(A) In general.--Subject to subparagraphs (A) and (B), upon the request of a company conditionally- approved under section 354(c), the Administrator shall make a grant to the company under this subsection. ``(B) Repayment by companies not approved.--If a company receives a grant under paragraph (6) and does not enter into a participation agreement for final approval, the company shall repay the amount of the grant to the Administrator. ``(C) Deduction from grant to approved company.--If a company receives a grant under paragraph (6) and receives final approval under section 354(e), the Administrator shall deduct the amount of the grant under that paragraph from the total grant amount that the company receives for operational assistance. ``(D) Amount of grant.--No company may receive a grant of more than $50,000 under this paragraph.''. (b) Limitation on Time for Final Approval.--Section 354(d) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(d)) is amended by striking ``a period of time, not to exceed 2 years,'' and inserting ``2 years''. SEC. 6. APPLICATIONS FOR NEW MARKETS VENTURE CAPITAL PROGRAM. Not later than 60 days after the date of the enactment of this section, the Administrator shall prescribe standard documents for final New Markets Venture Capital Company approval application under section 354(e) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(e)). The Administrator shall assure that the standard documents shall be designed to substantially reduce the cost burden of the application process on the companies involved. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Reauthorization of New Markets Venture Capital Program.-- Section 368(a) of the Small Business Investment Act of 1958 (15 U.S.C. 689q(a)) is amended-- (1) by striking ``fiscal years 2001 through 2006'' and inserting ``fiscal years 2006 through 2008''; (2) in paragraph (1), by striking ``$150,000,000'' and inserting ``$100,000,000''; and (3) in paragraph (2), by striking ``$30,000,000'' and inserting ``$25,000,000''. (b) Authorization for Manufacturing and Regional New Markets Venture Capital Companies.--There is authorized to be appropriated $1,000,000, to be available until expended, to carry out section 354(f) of the Small Business Investment Act of 1958, as added by section 2, and to enter into participation agreements with companies engaged primarily in development of and investment in small manufacturers under section 353(1) of such Act, as amended by section 2.

Securing Equity for the Economic Development of Low Income Areas Act of 2005 - Amends the Small Business Investment Act of 1958 to direct the Administrator of the Small Business Administration (SBA), in selecting companies to participate in the New Markets Venture Capital Program (Program), to select at least one company from each geographic region of the SBA. Requires (currently, authorizes) the Administrator to make grants to such companies to be used for loans to new-market small businesses, and to guarantee debentures issued by such companies. Establishes the Office of New Markets Venture Capital, headed by a Director, to administer the Program. Revises the definition of "low income geographic area" for Program eligibility purposes. Requires a study by the SBA's Chief Counsel for Advocacy on the availability of equity capital in low-income urban and rural areas. Authorizes operational assistance grants to conditionally approved companies.

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

SECTION 1. REQUIREMENTS RELATING TO DISPOSAL OF NAPALM AND OTHER MATERIALS OWNED OR CONTROLLED BY THE DEPARTMENT OF DEFENSE. (a) In General.--The Secretary of Defense shall carry out the requirements set forth in this section before disposing of napalm or other materials covered by this Act. (b) Public Education and Outreach.-- (1) In general.--Not later than 120 days before a project for the disposal of napalm or other materials covered by this Act begins, the Secretary of Defense shall inform the public about the disposal project in communities near the disposal site and along the disposal shipment route, through public outreach that includes briefings to elected officials, public safety agencies, and citizen groups. The information provided shall include the master implementation plan developed by the Secretary under section 2. (2) Outreach office.--The Secretary of Defense shall establish an outreach office near the disposal site staffed by personnel of the Department of Defense. (3) Mobile outreach unit.--The Secretary of Defense shall provide for a mobile outreach unit to provide information to the public about the disposal project at various locations and events in communities near the disposal site. (4) Information repositories.--The Secretary of Defense shall establish repositories of information about the disposal project near the disposal site. (5) Citizens' advisory commission.--The Secretary of Defense shall establish a Citizens' Advisory Commission composed of local elected officials, officials from State and local public safety agencies, citizen groups, and personnel of the Department of Defense for the purpose of studying and commenting on issues of concern to citizens about the disposal project. (c) Protection of the Public and Workers.-- (1) Certification of emergency response entities.--Before carrying out a project for the disposal of napalm or other materials covered by this Act, the Secretary of Defense shall certify the adequacy of the training and response capabilities of entities, such as police departments, fire departments, and State hazardous materials teams, that are likely to respond first to emergencies near the disposal site and along the disposal shipment route. (2) Certification of public health and welfare.--The Secretary of Defense shall obtain from the Secretary of Health and Human Services a certification that the health and the welfare of the public and of workers are protected near the disposal site and along the disposal shipment route. The Secretary of Health and Human Services may make such certification only after receiving advice from, and the concurrence of, appropriate State and local health and public safety agencies. (3) Certification of worker safety.--The Secretary of Defense shall obtain from the Occupational Safety and Health Administration a certification that the disposal site is safe for workers responsible for the disposal project and that the workers are properly trained to carry out the disposal project. (d) Protection of the Environment.-- (1) Environmental impact statement.--The Secretary of Defense shall complete an environmental impact statement for any project for the disposal of napalm or other materials covered by this Act. Before completing the statement, the Secretary shall solicit comments relating to the scope of the statement from State and local governments and citizen groups. (2) Monitoring of air, soil, and water.--The Secretary of Defense shall provide funds for the Secretary of Health and Human Services to monitor, collect, and review samples of air, soil, and water near the disposal site and along the disposal shipment route to ensure the protection of human health and the environment during the disposal project. (e) Alternative Technologies.-- (1) Study.--Before carrying out a project for the disposal of napalm or other materials covered by this Act, the Secretary of Defense shall study alternative technologies for the disposal, in coordination with State and local governments and citizen groups. (2) Test.--The Secretary of Defense shall conduct a test of alternative technologies for the disposal, to the extent possible. (f) National Academy of Sciences.-- (1) Advice.--The Secretary of Defense shall request the National Academy of Sciences to provide scientific and technical advice regarding disposal of napalm and other materials covered by this Act. (2) Investigation of safety and performance.--The Secretary of Defense shall request and provide funds for the National Academy of Sciences to investigate the safety and performance of any project for such disposal. SEC. 2. MASTER IMPLEMENTATION PLAN. (a) Requirement.--For any project for the disposal of napalm and other materials covered by this Act, the Secretary of Defense shall develop a master implementation plan. (b) Matters Included.--The plan shall include schedules for the disposal project and information on the manner in which the Secretary plans to achieve each of the requirements set forth in section 1. (c) Updates.--The Secretary shall update the plan each week with information about the progress being made in achieving the requirements set forth in section 1. (d) Availability.--The plan shall be available to the public in the information repositories referred to in section 1(b)(4). SEC. 3. MATERIALS COVERED. This Act applies to the following materials, if they are owned or controlled by the Department of Defense: (1) Napalm. (2) Any material that includes polystyrene, gasoline, and benzene. (3) Ammunition larger than ammunition of a caliber for small arms. (4) Explosives. SEC. 4. DEFINITIONS. In this Act, the following definitions apply: (1) The term ``disposal'' means recycling, neutralization, burning, or permanent storage. (2) The term ``near'', with respect to a disposal site, means within 10 miles of the site. SEC. 5. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act.

Directs the Secretary of Defense to inform the public through an outreach program in communities near a disposal site (within ten miles) and along the disposal shipment route no later than 120 days before the disposal of: (1) napalm; (2) any material that includes polystyrene, gasoline, and benzene; (3) ammunition larger than small- caliber ammunition; or (4) explosives. Requires the Secretary to: (1) establish near the disposal site an outreach office (staffed by Department of Defense personnel) and information repositories; (2) provide a mobile outreach unit to service communities near the site; and (3) establish a Citizens' Advisory Committee to study and comment on disposal issues of concern to the community. Requires the Secretary, before carrying out a disposal project, to certify the training adequacy and capabilities of entities that are likely to respond to an emergency. Directs the Secretary to obtain from the: (1) Secretary of Health and Human Services (HHS) a certification that the health and welfare of the public and of workers are protected near the site and along the route; and (2) Occupational Safety and Health Administration a certification that the site is safe for disposal workers and that such workers are properly trained for such work. Requires the Secretary, after soliciting appropriate comments, to complete an environmental impact statement for any such disposal project. Directs the Secretary to provide funds to the HHS Secretary to monitor, collect, and review air, soil, and water samples near the site and along the route to ensure the protection during the project of human health and the environment. Requires the Secretary, before carrying out any such project, to study and test alternative technologies for the disposal. Directs the Secretary to obtain scientific and technical advice regarding such disposals from the National Academy of Sciences and to provide funds to the Academy to investigate the safety and performance of any disposal project. Requires the Secretary, for any such project, to develop a master implementation plan, with weekly plan updates, to be made available to the public through the information repositories required under this Act.

To require additional public education, outreach, and participation with respect to the disposal of napalm and certain other materials owned or controlled by the Department of Defense, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``IDEA Full-Funding Act of 2003''. SEC. 2. AMENDMENTS TO IDEA. (a) Funding.--Section 611(j) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(j)) is amended to read as follows: ``(j) Funding.--For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated-- ``(1) $10,874,000,000 for fiscal year 2004, and, there are hereby appropriated $2,000,000,000 for fiscal year 2004, which shall become available for obligation on July 1, 2004 and shall remain available through September 30, 2005; ``(2) $12,874,000,000 for fiscal year 2005, and, there are hereby appropriated $4,000,000,000 for fiscal year 2005, which shall become available for obligation on July 1, 2005 and shall remain available through September 30, 2006; ``(3) $14,874,000,000 for fiscal year 2006, and, there are hereby appropriated $6,000,000,000 for fiscal year 2006, which shall become available for obligation on July 1, 2006 and shall remain available through September 30, 2007; ``(4) $16,874,000,000 for fiscal year 2007, and, there are hereby appropriated $8,000,000,000 for fiscal year 2007, which shall become available for obligation on July 1, 2007 and shall remain available through September 30, 2008; ``(5) $18,874,000,000 for fiscal year 2008, and, there are hereby appropriated $10,000,000,000 for fiscal year 2008, which shall become available for obligation on July 1, 2008 and shall remain available through September 30, 2009; ``(6) $20,874,000,000 for fiscal year 2009, and, there are hereby appropriated $12,000,000,000 for fiscal year 2009, which shall become available for obligation on July 1, 2009 and shall remain available through September 30, 2010; ``(7) $22,874,000,000 for fiscal year 2010, and, there are hereby appropriated $14,000,000,000 for fiscal year 2010, which shall become available for obligation on July 1, 2010 and shall remain available through September 30, 2011; ``(8) $24,635,000,000 or the sum of the maximum amounts that all States may receive under subsection (a)(2), whichever is lower, for fiscal year 2011, and, there are hereby appropriated $15,761,000,000 for fiscal year 2011, which shall become available for obligation on July 1, 2011 and shall remain available through September 30, 2012, except that if the sum of the maximum amounts that all States may receive under subsection (a)(2) is less than $24,635,000,000, then the amount appropriated in this paragraph shall be reduced by the difference between $24,635,000,000 and the sum of the maximum amounts that all States may receive under subsection (a)(2); ``(9) $25,329,000,000 or the sum of the maximum amounts that all States may receive under subsection (a)(2), whichever is lower, for fiscal year 2012, and, there are hereby appropriated $16,455,000,000 for fiscal year 2012, which shall become available for obligation on July 1, 2012 and shall remain available through September 30, 2013, except that if the sum of the maximum amounts that all States may receive under subsection (a)(2) is less than $25,329,000,000, then the amount appropriated in this paragraph shall be reduced by the difference between $25,329,000,000 and the sum of the maximum amounts that all States may receive under subsection (a)(2); ``(10) $26,005,000,000 or the sum of the maximum amounts that all States may receive under subsection (a)(2), whichever is lower, for fiscal year 2013, and, there are hereby appropriated $17,131,000,000 for fiscal year 2013, which shall become available for obligation on July 1, 2013 and shall remain available through September 30, 2014, except that if the sum of the maximum amounts that all States may receive under subsection (a)(2) is less than $26,005,000,000, then the amount appropriated in this paragraph shall be reduced by the difference between $26,005,000,000 and the sum of the maximum amounts that all States may receive under subsection (a)(2); and ``(11) such sums as may be necessary for fiscal year 2014 and each succeeding fiscal year.''. (b) Exception to the Local Maintenance of Effort Requirements.-- Section 613(a)(2)(B) of the Individuals with Disabilities Education Act (20 U.S.C. 1413(a)(2)(B)) is amended to read as follows: ``(B) Exception.--Notwithstanding the restriction in subparagraph (A)(iii), a local educational agency may reduce the level of expenditures, for 1 fiscal year at a time, if-- ``(i) the State educational agency determines, and the Secretary agrees, that the local educational agency is in compliance with the requirements of this part during that fiscal year (or, if appropriate, the preceding fiscal year); and ``(ii) such reduction is-- ``(I) attributable to the voluntary departure, by retirement or otherwise, or departure for just cause, of special education personnel; ``(II) attributable to a decrease in the enrollment of children with disabilities; ``(III) attributable to the termination of the obligation of the agency, consistent with this part, to provide a program of special education to a particular child with a disability that is an exceptionally costly program, as determined by the State educational agency, because the child-- ``(aa) has left the jurisdiction of the agency; ``(bb) has reached the age at which the obligation of the agency to provide a free appropriate public education to the child has terminated; or ``(cc) no longer needs such program of special education; ``(IV) attributable to the termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of school facilities; or ``(V) equivalent to the amount of Federal funding the local educational agency receives under this part for a fiscal year that exceeds the amount the agency received under this part for the preceding fiscal year, but only if these reduced funds are used for any activity that may be funded under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).''. (c) Repeal.--Section 613(a)(2) of the Individuals with Disabilities Education Act (20 U.S.C. 1413(a)(2)) is further amended-- (1) by striking subparagraph (C); (2) by redesignating subparagraph (D) as subparagraph (C); and (3) in subparagraph (A)(iii), by striking ``paragraphs (B) and (C)'' and inserting ``paragraph (B)''.

IDEA Full-Funding Act of 2003 - Amends the Individuals with Disabilities Education Act (IDEA) to revise and reauthorize part B programs of education of all children with disabilities.Authorizes appropriations in specified amounts for part B for FY 2004 through 2013, and in necessary amounts for FY 2014 and thereafter. (Provides phased-in increases of funding designed to reach a promised 40 percent Federal share of funding by FY 2011.)Makes appropriations in specified amounts for part B for FY 2004 through 2013.Provides an exception to local educational agency (LEA) maintenance of effort requirements under part B.Repeals certain provisions relating to LEA treatment of Federal funds as local funds under part B.

A bill to amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part, to provide an exception to the local maintenance of effort requirements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Nuclear Nonproliferation Act of 2006''. SEC. 2. STATEMENT OF POLICY. It should be the policy of the United States to neither negotiate nor seek to bring into force an agreement for cooperation with the government of any country that is assisting the nuclear program of Iran or transferring advanced conventional weapons or missiles to Iran unless the President has made-- (1) the determination set forth in section 3(a)(1) with respect to Iran; or (2) the determination set forth in section 3(a)(2) with respect to the government of that country. SEC. 3. RESTRICTIONS ON NUCLEAR COOPERATION WITH COUNTRIES ASSISTING THE NUCLEAR PROGRAM OF IRAN. (a) In General.--Notwithstanding any other provision of law or any international agreement, no agreement for cooperation between the United States and the government of any country that is assisting the nuclear program of Iran or transferring advanced conventional weapons or missiles to Iran may be submitted to the President or to Congress pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), no such agreement may enter into force with such country, no license may be issued for export directly or indirectly to such country of any nuclear material, facilities, components, or other goods, services, or technology that would be subject to such agreement, and no approval may be given for the transfer or retransfer directly or indirectly to such country of any nuclear material, facilities, components, or other goods, services, or technology that would be subject to such agreement, until the President determines and reports to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives that-- (1) Iran has suspended all enrichment-related and reprocessing-related activity (including uranium conversion, and research and development, manufacturing, testing, and assembly relating to enrichment and reprocessing), has committed to verifiably refrain permanently from such activity in the future (except potentially the conversion of uranium exclusively for export to foreign nuclear fuel production facilities pursuant to internationally agreed arrangements and subject to strict international safeguards), and is abiding by that commitment; or (2) the government of the country that is assisting the nuclear program of Iran or transferring advanced conventional weapons or missiles to Iran-- (A) has, either on its own initiative or pursuant to a binding decision of the United Nations Security Council, suspended all nuclear assistance to Iran and all transfers of advanced conventional weapons and missiles to Iran pending a decision by Iran to implement measures that would permit the President to make the determination described in paragraph (1); and (B) is committed to maintaining that suspension until Iran has implemented measures that would permit the President to make such determination. (b) Construction.--The restrictions in subsection (a)-- (1) shall apply in addition to all other applicable procedures, requirements, and restrictions contained in the Atomic Energy Act of 1954 and other laws; and (2) shall not be construed as affecting the validity of agreements for cooperation that are in effect on the date of the enactment of this Act. SEC. 4. DEFINITIONS. In this Act: (1) Agreement for cooperation.--The term ``agreement for cooperation'' has the meaning given that term in section 11 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(b)). (2) Assisting the nuclear program of iran.--The term ``assisting the nuclear program of Iran'' means the intentional transfer to Iran by a government, or by a person subject to the jurisdiction of a government with the knowledge and acquiescence of that government, of goods, services, or technology listed on the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) or Guidelines for Transfers of Nuclear-Related Dual- Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIR/254/Rev. 3/Part 2, and subsequent revisions). (3) Country that is assisting the nuclear program of iran or transferring advanced conventional weapons or missiles to iran.--The term ``country that is assisting the nuclear program of Iran or transferring advanced conventional weapons or missiles to Iran'' means-- (A) Russia; and (B) any other country determined by the President to be assisting the nuclear program of Iran or transferring advanced conventional weapons or missiles to Iran. (4) Transferring advanced conventional weapons or missiles to iran.--The term ``transferring advanced conventional weapons or missiles to Iran'' means the intentional transfer to Iran by a government, or by a person subject to the jurisdiction of a government with the knowledge and acquiescence of that government, of goods, services, or technology listed on-- (A) the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions; or (B) the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions.

Iran Nuclear Nonproliferation Act of 2006 - States that it should be U.S. policy to neither negotiate nor seek to bring into force an agreement for cooperation with the government of any country that is assisting Iran's nuclear program or transferring advanced conventional weapons or missiles to Iran unless the President has made specified determinations under this Act. States that no agreement for cooperation between the United States and the government of any country that is assisting Iran's nuclear program or transferring advanced conventional weapons or missiles to Iran may be submitted to the President or to Congress pursuant to the Atomic Energy Act of 1954, no such agreement may enter into force with such country, no export license may be issued to such country for any nuclear material, facilities, components, or other goods, services, or technology that would be subject to such agreement, and no approval may be given for the transfer or retransfer to such country of any nuclear material, facilities, components, or other goods, services, or technology that would be subject to such agreement, until the President determines and reports to the Senate Committee on Foreign Relations and the House Committee on International Relations that: (1) Iran has suspended all enrichment-related and reprocessing-related activity, has committed to verifiably refrain permanently from such activity, and is abiding by that commitment; or (2) the government of the country that is assisting Iran's nuclear program or transferring advanced conventional weapons or missiles to Iran has suspended all nuclear assistance to Iran and all transfers of advanced conventional weapons and missiles to Iran, and is committed to maintaining that suspension until Iran has implemented measures that would permit the President to make such determination.

A bill to discourage international assistance to the nuclear program of Iran and transfers to Iran of advanced conventional weapons and missiles.

SECTION 1. ADJUSTMENT OF APPROPRIATIONS COMMITTEES SECTION 302 ALLOCATIONS AND SUBALLOCATIONS. Section 302(e) of the Congressional Budget Act of 1974 is amended by inserting ``(1)'' before ``At'' and by adding at the end the following new paragraphs: ``(2) If-- ``(A) a general appropriation bill as reported by the Committee on Appropriations of the House of Representatives is amended and that bill as passed by the House reduces the amount appropriated for any program, project, or activity from the amount appropriated for that program, project, or activity in that bill as so reported; and ``(B) that bill as passed by the Senate reduces the amount appropriated for the same program, project, or activity from the amount appropriated for that program, project, or activity in that bill as reported initially in the House of Representatives; then, upon the passage of that bill by both Houses of Congress, the suballocations for that fiscal year made by each Committee on Appropriations under subsection (b)(1) to the subcommittee with jurisdiction over that measure shall be reduced by the sum of the lesser amount of reductions made for each such program, project, or activity by the House of Representatives or the Senate, as the case may be, and that committee shall report to its House-- ``(i) an adjusted suballocation for that subcommittee with the appropriate reductions in levels of total new budget outlays and total new budget authority; and ``(ii) an adjusted allocation for the committee that is reduced by the reductions in new budget outlays and new budget authority made under clause (i). ``(3) Further Adjustments of Appropriations Committees Allocations and Suballocations.--Upon the enactment of any rescission bill, the suballocations for that fiscal year made by each Committee on Appropriations under subsection (b)(1) to any subcommittee with jurisdiction over that bill shall be reduced by the sum of the rescissions contained in that bill over which it has jurisdiction, and that committee shall report to its House-- ``(A) an adjusted suballocation for that subcommittee with the appropriate reductions in levels of total new budget outlays and total new budget authority; and ``(B) an adjusted allocation for the committee that is reduced by the reductions in new budget outlays and new budget authority made under subparagraph (A).''. SEC. 2. ADJUSTMENT OF APPROPRIATIONS COMMITTEES SECTION 602 ALLOCATIONS AND SUBALLOCATIONS. Section 602 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsections: ``(f) Adjustments of Appropriations Committees Allocations and Suballocations.--If-- ``(1) a general appropriation bill as reported by the Committee on Appropriations of the House of Representatives is amended and that bill as passed by that House reduces the amount appropriated for any program, project, or activity from the amount appropriated for that program, project, or activity in that bill as so reported; and ``(2) that bill as passed by the Senate reduces the amount appropriated for the same program, project, or activity from the amount appropriated for that program, project, or activity in that bill as reported initially in the House of Representatives; then, upon the passage of that bill by both Houses of Congress, the suballocations for that fiscal year made by each Committee on Appropriations under subsection (b)(1) to the subcommittee with jurisdiction over that measure shall be reduced by the sum of the lesser amount of reductions made for each such program, project, or activity by the House of Representatives or the Senate, as the case may be, and that committee shall report to its House-- ``(A) an adjusted suballocation for that subcommittee with the appropriate reductions in levels of total new budget outlays and total new budget authority; and ``(B) an adjusted allocation for the committee that is reduced by the reductions in new budget outlays and new budget authority made under subparagraph (A). ``(g) Further Adjustments of Appropriations Committees Allocations and Suballocations.--Upon the passage of any rescission bill by both Houses of Congress, the suballocations for that fiscal year made by each Committee on Appropriations under subsection (b)(1) to any subcommittee with jurisdiction over that bill shall be reduced by the sum of the rescissions contained in that bill over which it has jurisdiction, and that committee shall report to its House-- ``(1) an adjusted suballocation for that subcommittee with the appropriate reductions in levels of total new budget outlays and total new budget authority; and ``(2) an adjusted allocation for the committee that is reduced by the reductions in new budget outlays and new budget authority made under paragraph (1).''. SEC. 3. CBO TRACKING. Section 202 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(i) Scorekeeping Assistance.--To facilitate compliance by the Committees on Appropriations with sections 302(e)(2) and 602(f), the Office shall score all general appropriation measures as passed the House of Representatives and as passed the Senate and have such scorecard published in the Congressional Record.''. SEC. 4. ADJUSTMENT OF DISCRETIONARY SPENDING LIMITS. Section 601(a)(2) of the Congressional Budget Act of 1974 is amended by inserting before the period at the end the following: ``and by the amounts of any adjustments pursuant to section 602(f)(2)(B) and section 602(g)(2)''.

Amends the Congressional Budget Act of 1974 to provide for downward adjustment in Appropriations Committees' allocations and suballocations when bills are passed that reduce appropriations and require rescissions. Requires the Congressional Budget Office to provide scorecards for such measures.

A bill entitled the "Guaranteed Deficit Reduction Act of 1993".

SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Youth Commission Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) American youth, up to 18 years of age, represent the freest, most educated, most affluent generation this Nation has known. A majority will graduate from high school, will come from families in which the parents or guardians are employed and own property, and will come from a society which has achieved unparalleled national economic and social opportunity in a world largely at peace. (2) The potential for this generation of American youth to make lasting contributions to freedom's cause is unparalleled. Yet, despite this favorable domestic and international climate, some serious flaws have appeared in America's social and cultural fabric, characterized by destructive behaviors among some of our youth that are damaging our Nation and the ability of this generation to achieve its full potential. (3) While most of America's youth are achieving academically and developing wholesome constructive pursuits, youth violence in places like Littleton, Colorado, Springfield, Oregon, and Jonesboro, Arkansas, and the rash of copycat incidents, threatened or real, across the Nation has brought to the fore a troubling lack of respect by some for other individuals that lies at the heart of a free society. (4) Across our Nation, school ``pranks'' have in many cases been destructive to schools and property and reveal a serious lack of understanding by the perpetrators of the true costs of their actions. (5) Equally serious are the consistently high and personally destructive levels of alcohol and drug use by American youth, sometimes coupled with gun violence, as well as increasing levels of teenage suicide and eating disorders, such as bulimia and anorexia. (6) Upholding human dignity faces challenges in the media as well. By the time children in the United States have passed through the eighth grade, they will have witnessed an average of 8,000 murders and over 100,000 other acts of violence through the media. In addition, many video games, music, films, and Internet websites present material so degrading to human dignity that they undermine the value of human life and elevate the bizarre to normal. Some have characterized this as a ``culture of death'' that permeates the consciousness of American youth. (7) The structure of family, neighborhoods, work, and community in the United States has been transformed in the last 30 years as economic growth and mobility have impacted families' aspirations and livelihoods. The static purchasing power of families, mergers, and dislocation of production, higher family mobility and suburbanization, rising levels of foster children, all have contributed to a more fluid social structure and less continuity for youth in permanent nurturing relationships with family and community. The social consequences of these changes, along with the pervasive influence of media, demand attention, for developmental attachments by adults toward youth that characterized previous generations have become more tenuous in today's society. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``National Commission on the Impact of United States Culture on America's Youth'' (hereinafter in this Act referred to as the ``Commission''). SEC. 4. DUTY OF COMMISSION. The Commission shall investigate and make findings and recommendations with respect to-- (1) the condition and status of contemporary youth in America compared to prior generations, with particular attention to family, neighborhood, schools, scholastic attainment, work, and community involvement; (2) the nature, origins, and trends of antisocial and violent behavior among American youth, including-- (A) an analysis of the trends in violent acts in families, neighborhoods, and schools; and (B) the influence of organizations, other cultural elements, and individuals contributing to the incitement or encouragement of violent behaviors; (3) identification of successful initiatives that involve youth in positive development and experiences that curb antisocial behavior among youth; (4) recommendations for averting and reducing violence among American youth; and (5) recommendations for parents, families, nongovernmental and private sector organizations and Federal, State, and local authorities in building positive developmental experiences among American youth. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 11 members appointed as follows: (1) Two members appointed by the Speaker of the House of Representatives. (2) Two members appointed by the majority Leader of the Senate. (3) Two members appointed by the minority Leader of the House of Representatives. (4) Two members appointed by the minority Leader of the Senate. (5) Three members appointed by the President. (b) Qualifications.--The members shall-- (1) not be incumbent Members of Congress; and (2) be specially qualified to serve on the Commission by reason of education, training, or experience. (c) Terms.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Basic Pay.--Members shall serve without pay. (e) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code. (f) Quorum.--Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (g) Chair.--The Chair of the Commission shall be designated by the President at the time of the appointment. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission shall ensure that its hearings and sessions are open to the public, with significant opportunities for testimony from members of the general public. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall cooperate with the Commission in providing that information. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (e) Contract Authority.--The Commission may contract with and compensate Government or private agencies or persons for supplies or services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. REPORT. (a) Interim Report.--The Commission shall transmit an interim report to the President and the Congress not later than 180 days after the date the Commission is duly organized. (b) Final Report.--The Commission shall transmit a final report to the President and the Congress not later than one year after the date the Commission is duly organized. The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for legislation. SEC. 8. TERMINATION. The Commission shall terminate 30 days after transmitting its final report pursuant to section 7(b). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $10,000,000 for fiscal year 2000 to carry out this Act, to remain available until expended. SEC. 10. BUDGET ACT COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 651(c)(2)(A) and (C))) authorized by this Act shall be effective only to such extent and in such amounts as are provided in appropriation Acts.

Terminates the Commission 30 days after transmission of its final report to the President and Congress. Authorizes appropriations (effective only as provided in appropriations Acts).

America's Youth Commission Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wireless Tax Fairness Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) It is appropriate to exercise congressional enforcement authority under section 5 of the 14th Amendment to the Constitution of the United States and Congress' plenary power under article I, section 8, clause 3 of the Constitution of the United States (commonly known as the ``commerce clause'') in order to ensure that States and political subdivisions thereof do not discriminate against providers and consumers of mobile services by imposing new selective and excessive taxes and other burdens on such providers and consumers. (2) In light of the history and pattern of discriminatory taxation faced by providers and consumers of mobile services, the prohibitions against and remedies to correct discriminatory State and local taxation in section 306 of the Railroad Revitalization and Regulatory Reform Act of 1976 (49 U.S.C. 11501) provide an appropriate analogy for congressional action, and similar Federal legislative measures are warranted that will prohibit imposing new discriminatory taxes on providers and consumers of mobile services and that will assure an effective, uniform remedy. SEC. 3. MORATORIUM. (a) In General.--No State or local jurisdiction shall impose a new discriminatory tax on or with respect to mobile services, mobile service providers, or mobile service property, during the 5-year period beginning on the date of enactment of this Act. (b) Definitions.--In this Act: (1) Mobile service.--The term ``mobile service'' means commercial mobile radio service, as such term is defined in section 20.3 of title 47, Code of Federal Regulations, as in effect on the date of enactment of this Act, or any other service that is primarily intended for receipt on, transmission from, or use with a mobile telephone or other mobile device, including but not limited to the receipt of a digital good. (2) Mobile service property.--The term ``mobile service property'' means all property used by a mobile service provider in connection with its business of providing mobile services, whether real, personal, tangible, or intangible (including goodwill, licenses, customer lists, and other similar intangible property associated with such business). (3) Mobile service provider.--The term ``mobile service provider'' means any entity that sells or provides mobile services, but only to the extent that such entity sells or provides mobile services. (4) New discriminatory tax.--The term ``new discriminatory tax'' means a tax imposed by a State or local jurisdiction that is imposed on or with respect to, or is measured by, the charges, receipts, or revenues from or value of-- (A) a mobile service and is not generally imposed, or is generally imposed at a lower rate, on or with respect to, or measured by, the charges, receipts, or revenues from other services or transactions involving tangible personal property; (B) a mobile service provider and is not generally imposed, or is generally imposed at a lower rate, on other persons that are engaged in businesses other than the provision of mobile services; or (C) a mobile service property and is not generally imposed, or is generally imposed at a lower rate, on or with respect to, or measured by the value of, other property that is devoted to a commercial or industrial use and subject to a property tax levy, except public utility property owned by a public utility subject to rate of return regulation by a State or Federal regulatory authority; unless such tax was imposed and actually enforced on mobile services, mobile service providers, or mobile service property prior to the date of enactment of this Act. (5) State or local jurisdiction.--The term ``State or local jurisdiction'' means any of the several States, the District of Columbia, any territory or possession of the United States, a political subdivision of any State, territory, or possession, or any governmental entity or person acting on behalf of such State, territory, possession, or subdivision that has the authority to assess, impose, levy, or collect taxes or fees. (6) Tax.-- (A) In general.--The term ``tax'' means a charge imposed by a governmental entity for the purpose of generating revenues for governmental purposes, and excludes a fee imposed on a particular entity or class of entities for a specific privilege, service, or benefit conferred exclusively on such entity or class of entities. (B) Exclusion.--The term ``tax'' does not include any fee or charge-- (i) used to preserve and advance Federal universal service or similar State programs authorized by section 254 of the Communications Act of 1934 (47 U.S.C. 254); (ii) specifically dedicated by a State or local jurisdiction for the support of E-911 communications systems; or (iii) used to preserve and advance Federal telecommunications relay services or State programs implementing this Federal mandate pursuant to title IV of the Americans with Disabilities Act of 1990 (Public Law 101-336; 104 Stat. 327) and codified in section 225 of the Communications Act of 1934 (47 U.S.C. 225). (c) Rules of Construction.-- (1) Determination.--For purposes of subsection (b)(4), all taxes, tax rates, exemptions, deductions, credits, incentives, exclusions, and other similar factors shall be taken into account in determining whether a tax is a new discriminatory tax. (2) Application of principles.--Except as otherwise provided in this Act, in determining whether a tax on mobile service property is a new discriminatory tax for purposes of subsection (b)(4)(C), principles similar to those set forth in section 306 of the Railroad Revitalization and Regulatory Reform Act of 1976 (49 U.S.C. 11501) shall apply. (3) Exclusions.--Notwithstanding any other provision of this Act-- (A) the term ``generally imposed'' as used in subsection (b)(4) shall not apply to any tax imposed only on-- (i) specific services; (ii) specific industries or business segments; or (iii) specific types of property; and (B) the term ``new discriminatory tax'' shall not include a new tax or the modification of an existing tax that either-- (i)(I) replaces one or more taxes that had been imposed on mobile services, mobile service providers, or mobile service property; and (II) is designed so that, based on information available at the time of the enactment of such new tax or such modification, the amount of tax revenues generated thereby with respect to such mobile services, mobile service providers, or mobile service property is reasonably expected to not exceed the amount of tax revenues that would have been generated by the respective replaced tax or taxes with respect to such mobile services, mobile service providers, or mobile service property; or (ii) is a local jurisdiction tax that may not be imposed without voter approval, provides for at least 90 days' prior notice to mobile service providers, and is required by law to be collected from mobile service customers. SEC. 4. ENFORCEMENT. Notwithstanding any provision of section 1341 of title 28, United States Code, or the constitution or laws of any State, the district courts of the United States shall have jurisdiction, without regard to amount in controversy or citizenship of the parties, to grant such mandatory or prohibitive injunctive relief, interim equitable relief, and declaratory judgments as may be necessary to prevent, restrain, or terminate any acts in violation of this Act. (1) Jurisdiction.--Such jurisdiction shall not be exclusive of the jurisdiction which any Federal or State court may have in the absence of this section. (2) Burden of proof.--The burden of proof in any proceeding brought under this Act shall be upon the party seeking relief and shall be by a preponderance of the evidence on all issues of fact. (3) Relief.--In granting relief against a tax which is discriminatory or excessive under this Act with respect to tax rate or amount only, the court shall prevent, restrain, or terminate the imposition, levy, or collection of not more than the discriminatory or excessive portion of the tax as determined by the court. SEC. 5. GAO STUDY. (a) Study.--The Comptroller General of the United States shall conduct a study, throughout the 5-year period beginning on the date of the enactment of this Act, to determine-- (1) how, and the extent to which, taxes imposed by local and State jurisdictions on mobile services, mobile service providers, or mobile property, impact the costs consumers pay for mobile services; and (2) the extent to which the moratorium on discriminatory mobile services taxes established in this Act has any impact on the costs consumers pay for mobile services. (b) Report.--Not later than 6 years after the date of the enactment of this Act, the Comptroller General shall submit, to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, a report containing the results of the study required under subsection (a) and shall include in such report recommendations for any changes to laws and regulations relating to such results.

Wireless Tax Fairness Act of 2015 This bill prohibits states or local governments from imposing any new discriminatory tax on or with respect to mobile services, mobile service providers, or mobile service property for five years after the enactment of this Act. A "new discriminatory tax" is a tax imposed on mobile services, providers, or property that is not generally imposed on other types of services or property, or that is generally imposed at a lower rate, unless such tax was imposed and actually enforced prior to the enactment date of this Act. The bill grants jurisdiction to federal district courts to provide injunctive and other appropriate relief to prevent, restrain, or terminate any acts in violation of this Act. The bill requires the Government Accountability Office to study and report on the impact of: (1) state and local taxes on mobile services, providers, or property on the costs consumers pay for mobile services; and (2) the prohibition in this Act against discriminatory mobile services taxes on such costs.

Wireless Tax Fairness Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Diamond Trade Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Funds derived from the sale of rough diamonds are being used by rebels, state actors, and terrorists to finance military activities, overthrow legitimate governments, subvert international efforts to promote peace and stability, and commit horrifying atrocities against unarmed civilians. During the past decade, more than 6,500,000 people from Sierra Leone, Angola, and the Democratic Republic of the Congo have been driven from their homes by wars waged in large part for control of diamond mining areas. A million of these are refugees eking out a miserable existence in neighboring countries, and tens of thousands have fled to the United States. Approximately 3,700,000 people have died during these wars. (2) The countries caught in this fighting are home to nearly 70,000,000 people whose societies have been torn apart not only by fighting but also by terrible human rights violations. (3) Human rights advocates, the diamond trade as represented by the World Diamond Council, and the United States Government recently began working to block the trade in conflict diamonds. Their efforts have helped to build a consensus that action is urgently needed to end the trade in conflict diamonds. (4) The United Nations Security Council has acted at various times under chapter VII of the Charter of the United Nations to address threats to international peace and security posed by conflicts linked to diamonds. Through these actions, it has prohibited all states from exporting weapons to certain countries affected by such conflicts. It has further required all states to prohibit the direct and indirect import of rough diamonds from Angola and Sierra Leone unless the diamonds are controlled under specified certificate of origin regimes and to prohibit absolutely for a period of 12 months the direct and indirect import of rough diamonds from Liberia. (5) In response, the United States implemented sanctions restricting the importation of rough diamonds from Angola and Sierra Leone to those diamonds accompanied by specified certificates of origin and fully prohibiting the importation of rough diamonds from Liberia. In order to put an end to the emergency situation in international relations, to maintain international peace and security, and to protect its essential security interests, and pursuant to its obligations under the United Nations Charter, the United States is now taking further action against trade in conflict diamonds. (6) Without effective action to eliminate trade in conflict diamonds, the trade in legitimate diamonds faces the threat of a consumer backlash that could damage the economies of countries not involved in the trade in conflict diamonds and penalize members of the legitimate trade and the people they employ. To prevent that, South Africa and more than 30 other countries are involved in working, through the ``Kimberley Process'', toward devising a solution to this problem. As the consumer of a majority of the world's supply of diamonds, the United States has an obligation to help sever the link between diamonds and conflict and press for implementation of an effective solution. (7) Articles XX and XXI of the General Agreement on Tariffs and Trade 1994 allow members of the World Trade Organization to take measures to deal with situations such as that presented by the current trade in conflict diamonds without violating their World Trade Organization obligations. (8) Failure to curtail the trade in conflict diamonds or to differentiate between the trade in conflict diamonds and the trade in legitimate diamonds could have a severe negative impact on the legitimate diamond trade in countries such as Botswana, Namibia, South Africa, and Tanzania. (9) Initiatives of the United States seek to resolve the regional conflicts in sub-Saharan Africa which facilitate the trade in conflict diamonds. SEC. 3. DEFINITIONS. In this Act: (1) Conflict diamonds.--The term ``conflict diamonds'' means-- (A) rough diamonds the importation of which is prohibited by United Nations Security Council Resolutions because that trade is fueling conflict; (B) in the case of rough diamonds not covered by subparagraph (A), rough diamonds used by any armed movement or an ally of an armed movement to finance or sustain operations to carry out systematic human rights abuses or attacks against unarmed civilians; or (C) diamonds that evidence shows fund the al-Qaeda international terrorist network and related groups designated under Executive Order No. 13224 of September 23, 2001 (66 Federal Register 49079). (2) Diamonds.--The term ``diamonds'' means diamonds classifiable under subheading 7102.31.00 or subheading 7102.39.00 of the Harmonized Tariff Schedule of the United States. (3) Polished diamonds.--The term ``polished diamonds'' means diamonds classifiable under subheading 7102.39.00 of the Harmonized Tariff Schedule of the United States. (4) Rough diamonds.--The term ``rough diamonds'' means diamonds that are unworked, or simply sawn, cleaved, or bruted, classifiable under subheading 7102.31.00 of the Harmonized Tariff Schedule of the United States. (5) United states.--The term ``United States'', when used in the geographic sense, means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. SEC. 4. MEASURES TO PREVENT IMPORTS OF CONFLICT DIAMONDS. (a) Authority of the President.--Notwithstanding any other provision of law, the President shall prohibit, in whole or in part, the importation into the United States of rough diamonds, and may prohibit the importation into the United States of polished diamonds and jewelry containing diamonds, from any country that does not take effective measures to stop trade in conflict diamonds as long as the prohibition is consistent with the foreign policy interests of the United States, including the international obligations of the United States, or is pursuant to United Nations Security Council Resolutions on conflict diamonds. (b) Effective Measures.--For purposes of this Act, effective measures are measures that-- (1) meet the requirements of United Nations Security Council Resolutions on trade in conflict diamonds; (2) meet the requirements of an international arrangement on conflict diamonds, including the recommendations of the Kimberley Process, as long as the measures also meet the requirements of United Nations Security Council Resolutions on trade in conflict diamonds; or (3) contain the following elements, or their functional equivalent, if such elements are sufficient to meet the requirements of United Nations Security Council Resolutions on trade in conflict diamonds: (A) With respect to exports from countries where rough diamonds are extracted, secure packaging, accompanied by officially validated documentation certifying the country of origin, total carat weight, and value. (B) With respect to exports from countries where rough diamonds are extracted, a system of verifiable controls on rough diamonds from mine to export. (C) With respect to countries that reexport rough diamonds, a system of controls designed to ensure that no conflict diamonds have entered the legitimate trade in rough diamonds. (D) Verifiable recordkeeping by all companies and individuals engaged in mining, import, and export of rough diamonds within the territory of the exporting country, subject to inspection and verification by authorized government authorities in accordance with national regulations. (E) Government publication on a periodic basis of official rough diamond export and import statistics. (F) Implementation of proportionate and dissuasive penalties against any persons who violate laws and regulations designed to combat trade in conflict diamonds. (G) Full cooperation with the United Nations or other official international bodies examining the trade in conflict diamonds, especially with respect to any inspection and monitoring of the trade in rough diamonds. (c) Exclusions.--The provisions of this section do not apply to-- (1) rough diamonds imported by or on behalf of a person for personal use and accompanying a person upon entry into the United States; or (2) rough diamonds previously exported from the United States and reimported by the same importer, without having been advanced in value or improved in condition by any process or other means while abroad, if the importer declares that the reimportation of the rough diamonds satisfies the requirements of this paragraph. SEC. 5. PROHIBITION OF POLISHED DIAMONDS AND JEWELRY. The President shall prohibit specific entries into the customs territory of the United States of polished diamonds and jewelry containing diamonds if the President has credible evidence that such polished diamonds and jewelry were produced with conflict diamonds. SEC. 6. ENFORCEMENT. (a) In General.--Diamonds and jewelry containing diamonds imported into the United States in violation of any prohibition imposed under section 4 or 5 are subject to the seizure and forfeiture laws, and all criminal and civil laws of the United States shall apply, to the same extent as any other violation of the customs and navigation laws of the United States. (b) Proceeds From Fines and Forfeited Goods.--Notwithstanding any other provision of law, the proceeds derived from fines imposed for violations of section 4(a), and from the seizure and forfeiture of goods imported in violation of section 4(a), shall, in addition to amounts otherwise available for such purposes, be available only for-- (1) the Leahy War Victims Fund administered by the United States Agency for International Development or any successor program to assist victims of foreign wars; and (2) grants under section 131 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152a). SEC. 7. REPORTS. (a) Annual Reports.--Not later than one year after the effective date of this Act, and every 12 months thereafter, the President shall transmit to Congress a report-- (1) describing actions taken by countries that have exported diamonds to the United States during the preceding 12- month period to implement effective measures to stop trade in conflict diamonds; (2) describing any new technologies since the date of enactment of this Act for marking diamonds or determining the origin of rough diamonds; (3) identifying those countries that have exported diamonds to the United States during the preceding 12-month period and are not implementing effective measures to stop trade in conflict diamonds and whose failure to do so has significantly increased the likelihood that conflict diamonds are being imported into the United States; (4) describing appropriate actions, which may include actions under sections 4 and 5, that may be taken by the United States, or actions that may be taken or are being taken by each country identified under paragraph (3), to ensure that conflict diamonds are not being imported into the United States from such country; and (5) identifying any additional countries involved in conflicts linked to rough diamonds that are not the subject of United Nations Security Council Resolutions on conflict diamonds. (b) Semiannual Reports.--For each country identified in subsection (a)(3), the President shall, every 6 months after the initial report in which the country was identified, transmit to Congress a report that explains what actions have been taken by the United States or such country since the previous report to ensure that conflict diamonds are not being imported from that country into the United States. The requirement to issue a semiannual report with respect to a country under this subsection shall remain in effect until such time as the country implements effective measures. SEC. 8. GAO REPORT. Not later than 3 years after the effective date of this Act, the Comptroller General of the United States shall transmit a report to Congress on the effectiveness of the provisions of this Act in preventing the importation of conflict diamonds under section 4. The Comptroller General shall include in the report any recommendations on any modifications to this Act that may be necessary. SEC. 9. SENSE OF CONGRESS. (a) International Arrangement.--It is the sense of Congress that the President should take the necessary steps to negotiate an international arrangement, working in concert with the Kimberley Process referred to in section 2(6), to eliminate the trade in conflict diamonds. Such an international arrangement should create an effective global system of controls covering countries that export and import rough diamonds, should contain the elements described in section 4(b)(3), and should address independent monitoring, the collection of reliable statistics on the diamond trade, and the need for a coordinating body or secretariat to implement the arrangement. (b) Additional Security Council Resolutions.--It is the sense of Congress that the President should take the necessary steps to seek United Nations Security Council Resolutions with respect to trade in diamonds from additional countries identified under section 7(a)(5). (c) Trade in Legitimate Diamonds.--It is the sense of Congress that the provisions of this Act should not impede the trade in legitimate diamonds with countries which are working constructively to eliminate trade in conflict diamonds, including through the negotiation of an effective international arrangement to eliminate trade in conflict diamonds. (d) Implementation of Effective Measures.--It is the sense of Congress that companies involved in diamond extraction and trade should make financial contributions to countries seeking to implement any effective measures to stop trade in conflict diamonds described in section 4(b), if those countries would have financial difficulty implementing those measures. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the President $5,000,000 for each of the fiscal years 2002 and 2003 to provide assistance to countries seeking to implement any effective measures to stop trade in conflict diamonds described in section 4(b), if those countries would have financial difficulty implementing those measures. SEC. 11. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act.

Clean Diamond Trade Act - Directs the President to prohibit the import of rough diamonds from countries that do not take measures meeting the requirements of the United Nations Security Council Resolutions on trade in conflict diamonds. Excludes imports for personal use and previously exported and reimported diamonds. Authorizes the President to prohibit the import of polished diamonds on the same basis.Directs the President to prohibit the entry of polished diamonds and jewelry containing them if there is credible evidence such diamonds are conflict diamonds.Subjects diamonds imported in violation of these requirements to the seizure and forfeiture laws as well as all criminal and civil laws. Earmarks proceeds for the Leahy War Victims Fund and other specified purposes.Requires periodic reports on the effectiveness of the U.N. requirements and the requirements of this Act in preventing the importation of conflict diamonds.Expresses the sense of Congress that: (1) the President should negotiate an international arrangement to eliminate the conflict diamond trade and seek U.N. resolutions concerning the diamond trade in additional countries; (2) this Act should not impede the legitimate diamond trade; and (3) companies in diamond extraction and trade should contribute financially to countries seeking to implement effective measures to stop trade in conflict diamonds.

A bill to implement effective measures to stop trade in conflict diamonds, and for other purposes.

SECTION 1. MASTER TEACHER PROGRAMS. Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) by redesignating part E as part F; (2) by redesignating sections 2401 and 2402 as sections 2501 and 2502, respectively; and (3) by inserting after part D the following new part: ``PART E--MASTER TEACHER PROGRAMS ``SEC. 2401. MASTER TEACHER PROGRAMS. ``(a) Definitions.--In this part: ``(1) Board certified.--The term `board certified' means successful completion of all requirements to be certified by the National Board for Professional Teaching Standards. ``(2) Master teacher.--The term `master teacher' means a teacher who is certified by the National Board for Professional Teaching Standards and has been teaching for not less than 3 years. ``(3) Novice teacher.--The term `novice teacher' means a teacher who has been teaching for not more than 3 years at a public elementary school or secondary school. ``(b) Program Authorized.-- ``(1) Authority.--The Secretary is authorized to award grants on a competitive basis to local educational agencies to establish master teacher programs described in subsection (d). ``(2) Distribution.--To the maximum extent practicable, the Secretary shall award grants under paragraph (1) so that such grants are distributed among the local educational agencies with the highest concentration of teachers who are not certified or licensed or are provisionally certified or licensed. ``(3) Amount.--The amount of a grant awarded under paragraph (1) shall be determined based on-- ``(A) the total amount appropriated for a fiscal year under subsection (h); and ``(B) the extent of the concentration of teachers who are not certified or licensed or are provisionally certified or licensed in the local educational agency involved. ``(c) Duration.--A grant under this section shall be awarded for a period of 5 years. ``(d) Authorized Activities.--The master teacher programs described in this subsection shall provide funding assistance to teachers who seek to become board certified, including the provision of the board certification fee. ``(e) Applications.-- ``(1) In general.--A local educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(2) Approval of application.--The Secretary shall make a determination regarding an application submitted under paragraph (1) based on a recommendation of a peer review panel, as established by the Secretary, and any other criteria that the Secretary determines to be appropriate. ``(f) Payments.-- ``(1) In general.--Grant payments shall be made under this section on an annual basis. ``(2) Administrative costs.--Each local educational agency that receives a grant under this section shall use not more than 2 percent of the amount awarded under the grant for administrative costs. ``(3) Denial of grant.--If the Secretary determines that a local educational agency has failed to make substantial progress during a fiscal year in increasing the percentage of teachers who are board certified, or in improving student achievement, such an agency shall not be eligible for a grant payment under this section in the next succeeding year. ``(g) Reports.--Not later than March 31, 2005, the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report of program activities funded under this section. ``(h) Matching Requirement.--The Secretary may not award a grant to a local educational agency under this section unless the local educational agency agrees that, with respect to costs to be incurred by the agency in carrying out activities for which the grant was awarded, the agency shall provide (directly or through donations from public or private entities) non-Federal contributions in an amount equal to 25 percent of the amount of the grant awarded to the agency. ``(i) Repayment of Funds.-- ``(1) In general.--In the case of any program under this section in which assistance is provided to a teacher to pay the National Board for Professional Teaching Standard board certification fee to become board certified, assistance may only be provided if the teacher makes agreements as follows: ``(A) The teacher will enter and complete the National Board for Professional Teaching Standards board certification program to become board certified. ``(B) After completion of such program (whether or not successfully), the teacher will teach in the public school system for a period of not less than 2 years. ``(2) Breach of agreements.--A teacher receiving assistance described in paragraph (1) is liable to the local educational agency that provides such assistance for the amount of the certification fee described in paragraph (1) if such teacher-- ``(A) voluntarily withdraws or terminates the certification program before taking the examination for board certification; or ``(B) is dismissed from the certification program before taking such examination. ``(j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $50,000,000 for each of the fiscal years 2002 through 2006.''.

Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make competitive five-year grants to local educational agencies to establish master teacher programs that provide funding assistance to teachers to become board certified by the National Board for Professional Teaching Standards, including the provision of the board certification fee. Requires teachers receiving such assistance to: (1) enter and complete the board certification program; and (2) upon becoming board certified, teach in a public school system for at least two years.

A bill to put teachers first by providing grants for master teacher programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workplace Religious Freedom Act of 2010''. SEC. 2. FINDINGS. Congress finds the following: (1) In enacting title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) (referred to in this Act as ``title VII''), Congress-- (A) recognized the widespread incidence of and harm caused by religious discrimination in employment; (B) expressly intended to establish that religion is a class protected from discrimination in employment, as race, color, sex, and national origin are protected classes; and (C) recognized that, absent undue hardship, a covered employer's failure to reasonably accommodate an employee's religious practice is discrimination within the meaning of that title. (2) Eradicating religious discrimination in employment is essential to reach the goal of full equal employment opportunity in the United States. (3) In Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977), the Supreme Court held that an employer could deny an employee's request for religious accommodation based on any burden greater than a de minimus burden on the employer, and thus narrowed the scope of protection of title VII against religious discrimination in employment, contrary to the intent of Congress. (4) As a consequence of the Hardison decision and resulting appellate and trial court decisions, discrimination against employees on the basis of religion in employment continues to be an unfortunate and unacceptable reality. (5) Federal, State, and local government, and private employers have a history and have established a continuing pattern of discrimination in unreasonably denying religious accommodations in employment, including in the areas of garb, grooming, and scheduling. (6) Although this Act addresses requests for accommodation with respect to garb, grooming, and scheduling due to employees' religious practices, enactment of this Act does not represent a determination that other religious accommodation requests do not deserve similar attention or future resolution by Congress. (7) The Supreme Court has held in Fitzpatrick v. Bitzer, 427 U.S. 445 (1976) that Congress has clearly authorized Federal courts to award monetary damages in favor of a private individual against a State government found in violation of title VII, and this holding is supported by Quern v. Jordan, 440 U.S. 332 (1979). SEC. 3. PURPOSES. The purposes of this Act are-- (1) to address the history and widespread pattern of discrimination by private sector employers and Federal, State, and local government employers in unreasonably denying religious accommodations in employment, specifically in the areas of garb, grooming, and scheduling; (2) to provide a comprehensive Federal prohibition of employment discrimination on the basis of religion, including that denial of accommodations, specifically in the areas of garb, grooming, and scheduling; (3) to confirm Congress' clear and continuing intention to abrogate States' 11th amendment immunity from claims made under title VII; and (4) to invoke congressional powers to prohibit employment discrimination, including the powers to enforce the 14th amendment, and to regulate interstate commerce pursuant to section 8 of article I of the Constitution, in order to prohibit discrimination on the basis of religion, including unreasonable denial of religious accommodations, specifically in the areas of garb, grooming, and scheduling. SEC. 4. AMENDMENTS. (a) Definitions.--Section 701(j) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(j)) is amended-- (1) by inserting ``(1)'' after ``(j)''; (2) in paragraph (1), as so designated, by striking ``he is unable'' and inserting ``the employer is unable, after initiating and engaging in an affirmative and bona fide effort,''; and (3) by adding at the end the following: ``(2) For purposes of paragraph (1), with respect to the practice of wearing religious clothing or a religious hairstyle, or of taking time off for a religious reason, an accommodation of such a religious practice-- ``(A) shall not be considered to be a reasonable accommodation unless the accommodation removes the conflict between employment requirements and the religious practice of the employee; ``(B) shall be considered to impose an undue hardship on the conduct of the employer's business only if the accommodation imposes a significant difficulty or expense on the conduct of the employer's business when considered in light of relevant factors set forth in section 101(10)(B) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111(10)(B)) (including accompanying regulations); and ``(C) shall not be considered to be a reasonable accommodation if the accommodation requires segregation of an employee from customers or the general public. ``(3) In this subsection: ``(A) The term `taking time off for a religious reason' means taking time off for a holy day or to participate in a religious observance. ``(B) The term `wearing religious clothing or a religious hairstyle' means-- ``(i) wearing religious apparel the wearing of which is part of the observance of the religious faith practiced by the individual; ``(ii) wearing jewelry or another ornament the wearing of which is part of the observance of the religious faith practiced by the individual; ``(iii) carrying an object the carrying of which is part of the observance of the religious faith practiced by the individual; or ``(iv) adopting the presence, absence, or style of a person's hair or beard the adoption of which is part of the observance of the religious faith practiced by the individual.''. SEC. 5. EFFECTIVE DATE; APPLICATION OF AMENDMENTS; SEVERABILITY. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by section 4 take effect on the date of enactment of this Act. (b) Application of Amendments.--This Act and the amendments made by section 4 do not apply with respect to conduct occurring before the date of enactment of this Act. (c) No Diminution of Rights.--With respect to religious practices not described in section 701(j)(2) of the Civil Rights Act of 1964, as amended by section 4(a)(3), nothing in this Act or an amendment made by this Act shall be construed to diminish any right that may exist, or remedy that may be available, on the day before the date of enactment of this Act, for discrimination in employment because of religion by reason of failure to provide a reasonable accommodation of a religious practice, pursuant to title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). (d) Severability.-- (1) In general.--If any provision of an amendment made by this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of the amendments made by this Act and the application of the provision to any other person or circumstance shall not be affected. (2) Definition of religion.--If, in the course of determining a claim brought under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), a court holds that the application of the provision described in paragraph (1) to a person or circumstance is unconstitutional, the court shall determine the claim with respect to that person or circumstance by applying the definition of the term ``religion'' specified in section 701 of that Act (42 U.S.C. 2000e), as in effect on the day before the date of enactment of this Act.

Workplace Religious Freedom Act of 2010 - Amends provisions of the Civil Rights Act of 1964 related to equal employment opportunities to include in the term "religion" all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that the employer is unable, after initiating and engaging in an affirmative and bona fide effort to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. (Current law makes no reference to an employer's affirmative and bona fide effort.) Provides that an employer's accommodation of an employee's practice of wearing religious clothing or a religious hairstyle, or of taking time off for a religious reason, imposes an undue hardship on the conduct of an employer's business in accommodating such practice only if the accommodation imposes a significant difficulty or expense on the conduct of the employer's business when considered in light of specified factors set forth in the Americans with Disabilities Act of 1990, including: (1) the nature and cost of the accommodation needed; (2) the financial resources and size of the business; and (3) the type of operation of the business. Requires an employer's accomodation, before it may be considered a reasonable accomodation, to remove the conflict between employment requirements and the employee's religious practice. Prohibits an accomodation from being a reasonable accomodation if it requires an employee to be segregated from customers or the general public.

A bill to amend title VII of the Civil Rights Act of 1964 to establish provisions with respect to religious accommodations in employment, and for other purposes.

SECTION 1. FINDINGS. Congress makes the following findings: (1) Residents of Puerto Rico have served with honor and distinction in the Armed Forces of the United States in every major war and conflict the Nation has fought since 1917. (2) Puerto Rico consistently ranks alongside the top five States in per capita military service. (3) Numerous residents of Puerto Rico have won the Bronze Star with valor device, the Silver Star, the Distinguished Flying Cross, and the Distinguished Service Medal. (4) Four residents of Puerto Rico have received the Medal of Honor, the highest award given for valor on the battlefield. (5) 18,000 residents of Puerto Rico served in World War I. (6) 65,000 residents of Puerto Rico served in World War II, including 200 Puerto Rican women. (7) 61,000 residents of Puerto Rico served in the Korean War, during which the 65th Infantry Regiment, comprised mostly of Puerto Rican soldiers and known as the Borinqueneers, particularly distinguished itself for bravery. (8) 48,000 residents of Puerto Rico served in Vietnam, with 430 killed and over 3,000 wounded. (9) 2,600 residents of Puerto Rico were mobilized for Operation Desert Shield and Operation Desert Storm. (10) 3,400 residents of Puerto Rico have served, and over 230 have been killed or wounded, in the Nation's current war on terrorism, as part of Operation Enduring Freedom and Operation Iraqi Freedom. (11) Residents of Puerto Rico have always proudly answered the call to defend this nation and to sacrifice for the cause of liberty, notwithstanding the fact that they cannot vote for their commander-in-chief. (12) In section 821 of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (Public Law 109-461; 120 Stat. 3448), Congress expressed its sense that the need for medical facility improvements in San Juan, Puerto Rico was not being adequately addressed and directed the Secretary of Veterans Affairs to ``take steps to explore all options for addressing that concern, including the option of a public/ private partnership to construct and operate a facility that would replace the current Department of Veterans Affairs medical center in San Juan, Puerto Rico''. (13) Congress directed the Secretary of Veterans Affairs to submit a report to the Committees on Veterans' Affairs of the Senate and House of Representatives ``identifying and outlining the various options available to the Department'' for retrofitting and renovating or replacing the current Veterans Affairs medical center in San Juan. (14) On June 26, 2007, the Department of Veterans Affairs submitted its ``Report to Congress on Options for Medical Facility Improvements in San Juan, Puerto Rico'', in which it identified and outlined four potential options available to the Department for medical facility improvements in Puerto Rico and analyzed the medical, legal, and financial implications associated with each option. (15) In that report, the Department of Veterans Affairs affirmed that medical facility improvements in Puerto Rico would support the Department's strategic goals, including improving the quality of life for veterans with disabilities, ensuring a smooth transition for veterans from active military service to civilian life, and improving the health and socioeconomic well-being of veterans. (16) In that report, the Department also stated that upgrades to the existing medical facility in San Juan were ``necessary to ensure the long-term safety of patients and staff''. SEC. 2. TASK FORCE ON MEDICAL FACILITY IMPROVEMENTS IN PUERTO RICO. (a) Establishment.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a task force to be known as the Task Force on Medical Facility Improvements in Puerto Rico (hereinafter in this section referred to as the ``Task Force''). (b) Membership.-- (1) In general.--The members of the Task Force shall be appointed by the Secretary of Veterans Affairs and shall include-- (A) appropriate employees of the Department of Veterans Affairs; (B) appropriate representatives of veterans' organizations based in Puerto Rico; and (C) appropriate representatives of the government of Puerto Rico. (2) Number; terms of service; pay and allowances.--The Secretary shall determine the number, terms of service, and pay and allowances of members of the Task Force appointed by the Secretary. (c) Responsibilities.--The Task Force shall-- (1) consider options to renovate or replace the Department of Veterans Affairs hospital in Puerto Rico, including-- (A) the four options outlined in the report of the Department of Veterans Affairs entitled ``Report to Congress on Options for Medical Facility Improvements in San Juan, Puerto Rico'' submitted pursuant to section 821 of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (Public Law 109-461; 120 Stat. 3448); and (B) any option not specifically discussed in such report that the Task Force determines is appropriate for consideration, especially any such option involving a public-private partnership to renovate or replace the hospital; and (2) make recommendations to the Secretary with respect to which of the options considered under paragraph (1) should be implemented. (d) Contract Authority.--Upon the request of the Task Force, the Secretary of Veterans Affairs may enter into a contract with an appropriate entity to assist the Task Force in carrying out its responsibilities under this section. (e) Stakeholder Interests and Concerns.--In carrying out the responsibilities under this section, the Task Force shall ensure that the full range of stakeholder interests and concerns are considered. (f) Reports.-- (1) Report to secretary.--Not later than 180 days after the date on which the Task Force is established under subsection (a), the Task Force shall submit to the Secretary of Veterans Affairs a report containing the findings and recommendations of the Task Force under subsection (c). (2) Report to congress.--Not later than 60 days after receiving the report under paragraph (1), the Secretary of Veterans Affairs shall submit to Congress such report together with any recommendations of the Secretary. (g) Termination.--The Task Force shall terminate 30 days after the Secretary submits the report under subsection (f)(2).

Directs the Secretary of Veterans Affairs to establish the Task Force on Medical Facility Improvements in Puerto Rico to: (1) consider options to renovate or replace the Department of Veterans Affairs (VA) hospital in Puerto Rico; (2) recommend to the Secretary which of the options should be implemented; and (3) report to the Secretary on its findings and recommendations.

To direct the Secretary of Veterans Affairs to establish the Task Force on Medical Facility Improvements in Puerto Rico, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Accounting Act of 1995''. SEC. 2. ACCOUNTING STATEMENT. (a) In General.--Every 2 years after the enactment of this Act the President shall prepare and submit to Congress an accounting statement that estimates the costs of Federal regulatory programs and corresponding benefits in accordance with this section. (b) Years Covered By Accounting Statement.--Each accounting statement shall cover, at a minimum, the 5 fiscal years beginning on October 1 of the year in which the report is submitted and may cover any fiscal year preceding such fiscal years for purposes of revising previous estimates. (c) Timing and Procedures.-- (1) Notice and comment.--The President shall provide notice and opportunity for comment for each accounting statement. The President may delegate to an agency the requirement to provide notice and opportunity for comment for the portion of the accounting statement relating to that agency. (2) Deadlines for first statement.--The President shall propose the first accounting statement under this section not later than 2 years after the date of the enactment of this Act and shall issue the first accounting statement in final form not later than 3 years after the date of the enactment of this Act. Such statement shall cover, at a minimum, each of the 8 fiscal years beginning after the date of the enactment of this Act. (d) Content of Accounting Statement.-- (1) In general.--Each accounting statement shall contain estimates of costs and benefits with respect to each fiscal year covered by the statement in accordance with this subsection. For each such fiscal year for which estimates were made in a previous accounting statement, the statement shall revise those estimates and state the reasons for the revisions. (2) Statement of costs.-- (A) In general.--An accounting statement shall estimate the costs of Federal regulatory programs by setting forth, for each year covered by the statement-- (i) the annual expenditure of national economic resources for the regulatory program; and (ii) such other quantitative and qualitative measures of costs as the President considers appropriate. Costs shall be quantified to the extent feasible and appropriate and otherwise shall be qualitatively described. (B) National economic resources.--For purposes of the estimate of costs in the accounting statement, national economic resources include, and shall be listed under, at least the following categories: (i) Private sector costs, including direct costs and appropriate indirect costs. (ii) Federal sector administrative costs. (iii) Federal sector compliance costs. (iv) State government administrative costs. (v) Local government administrative costs. (vi) State government compliance costs. (vii) Local government compliance costs. (3) Statement of corresponding benefits.--An accounting statement shall estimate the benefits of Federal regulatory programs by setting forth, for each year covered by the statement, quantitative and qualitative measures of benefits. Costs shall be quantified to the extent feasible and appropriate and otherwise shall be qualitatively described. Any quantitative estimate of benefits concerning reduction in human health, safety, or environmental risks shall, to the extent feasible and appropriate, present the most plausible level of risk, along with a statement of the reasonable degree of scientific uncertainty. SEC. 3. ASSOCIATED REPORT TO CONGRESS. (a) In General.--At the same time as the President submits an accounting statement under section 2, the President, acting through the Director of the Office of Management and Budget, shall submit to Congress a report associated with the accounting statement (hereinafter referred to as the ``associated report''). The associated report shall contain an analyses of impacts prepared in, in accordance with subsection (b). (b) Analyses of Impacts.--The President shall include in the associated report the following: (1) Analyses prepared by the President of the cumulative impact of Federal regulatory programs covered in the accounting statement on the following: (A) The ability of State and local governments to provide essential services, including police, fire protection, and education. (B) Small business. (C) Job growth. (D) International competitiveness. (E) Technological innovation. (F) Consumer prices for goods and services. (G) Such other factors considered appropriate by the President. (2) A summary of any independent analyses of impacts prepared by persons commenting during the comment period on the accounting statement. SEC. 4. GUIDANCE FROM OFFICE OF MANAGEMENT AND BUDGET. The Director of the Office of Management and Budget shall provide guidance to agencies-- (1) to standardize measures of costs and benefits in accounting statements prepared pursuant to this Act; and (2) to standardize the format of the accounting statements. SEC. 5. RECOMMENDATIONS FROM CONGRESSIONAL BUDGET OFFICE. After each accounting statement and associated report are submitted to Congress, the Director of the Congressional Budget Office shall make recommendations to the President-- (1) for improving accounting statements prepared pursuant to this Act, including recommendations on level of detail and accuracy; and (2) for improving associated reports prepared pursuant to this Act, including recommendations on the quality of analysis. SEC. 6. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) The term ``Federal regulatory program'' means a program carried out pursuant to a related group of Federal statutes and regulations, as determined by the President. (2) The term ``regulation'' means an agency statement of general applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the procedure or practice requirements of an agency. The term does not include-- (A) administrative actions governed by sections 556 and 557 of title 5, United States Code; (B) regulations issued with respect to a military or foreign affairs function of the United States; or (C) regulations related to agency organization, management, or personnel. (3) The term ``agency'' means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the executive Office of the President), but does not include the General Accounting Office, Federal Election Commission, the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions, or Government-owned contractor-operated facilities including laboratories engaged in national defense research and production activities.

Regulatory Accounting Act of 1995 - Directs the President, after providing notice and opportunity for comment, to prepare and submit to the Congress: (1) a biennial accounting statement, covering at least the five fiscal years beginning on the first day of the fiscal year in which the report is submitted, that estimates the costs of Federal regulatory programs and corresponding benefits as outlined by this Act; and (2) an associated report analyzing program impacts on small business, State and local governments' ability to provide essential services, and other appropriate factors. Directs the Director of the Office of Management and Budget to provide guidance to agencies to standardize measures of costs and benefits in such accounting statements as well as their format. Requires the Director of the Congressional Budget Office, after each accounting statement and associated report are submitted, to make recommendations to the President for improving such statements and reports.

Regulatory Accounting Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethics Reform Act of 1995''. TITLE I--TERMINATION OF COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT IN THE HOUSE OF REPRESENTATIVES SEC. 101. EXERCISE OF CONGRESSIONAL RULEMAKING POWER. The provisions of this title amending the Rules of the House of Representatives are enacted by Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered a part of the rules of the House of Representatives and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of the House of Representatives to change such rules at any time in the same manner and to the same extent as in the case of any other rule of such House. SEC. 102. TERMINATION OF THE COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT. (a) Termination.-- (1) Rules.--Rule X of the Rules of the House of Representatives is amended-- (A) in clause 1-- (i) by striking paragraph (p); and (ii) by redesignating paragraphs (q), (r), and (s) as paragraphs (p), (q), and (r), respectively; and (B) in clause 4-- (i) by striking paragraph (e); and (ii) by redesignating paragraphs (f), (g), (h), and (i) as paragraphs (e), (f), (g), and (h), respectively. (2) Law.--The Ethics Reform Act of 1989 (Public Law 101- 194) is amended by striking subsections (b), (c), (d), and (i) of section 803 (2 U.S.C. 29d). (b) Conforming Amendments.-- (1) Rules.-- (A) Clause 3(e) of rule VI of the Rules of the House of Representatives is amended -- (i) by striking ``Committee on Standards of Official Conduct'' and inserting ``Independent Commission on Congressional Ethics''; and (ii) by striking ``clause 4(e)(1)(C) of rule X'' and inserting ``section 203(3) the Ethics Reform Act of 1995''. (B) Clause 1(m)(1) of rule X of such Rules is amended by striking ``(other than rules or joint rules relating to the Code of Official Conduct)''. (C) Clause 6(a) of rule X of such Rules is amended-- (i) by striking subparagraph (2); and (ii) by striking ``(1)''. (D) Clause 2(e)(2) of rule XI of such Rules is amended by striking ``, except that in the case of records in the Committee on Standards of Official Conduct'' and all that follows through ``prior approval of the committee''. (E) Clause 2(g)(2) of rule XI of such Rules is amended by striking ``, with the exception of the Committee on Standards of Official Conduct,''. (F) Clause 2(i)(1) of rule XI of such Rules is amended by striking ``the Committee on Standards of Official Conduct,''. (G) Clause 4(a) of rule XI of such Rules is amended-- (i) by striking ``and the Committee on Standards of Official Conduct'' and all that follows; (ii) by inserting ``and'' before ``the Committee on Rules''; and (iii) by striking the semicolon after ``order of business'' and inserting a period. (H) Clause 6(a)(2) of rule XI of such Rules is amended by striking ``the Committee on Standards of Official Conduct and''. (I) Clause 7(d) of rule XIII is amended-- (i) by striking ``and the Committee on Standards of Official Conduct,''; and (ii) by inserting ``and'' before ``the Committee on Rules''. (J) Clause 1 of rule XXXII of such Rules is amended by striking ``Committee on Standards of Official Conduct'' and inserting ``Independent Commission on Congressional Ethics''. (K) Clause 4 of rule XLIII of such Rules is amended by striking ``Committee on Standards of Official Conduct pursuant to clause 4(e)(1)(E) of rule X'' and inserting ``Committee on Rules''. (L) Clause 12(b) of rule XLIII of such Rules is amended by striking ``Committee on Standards of Official Conduct'' and inserting ``Independent Commission on Congressional Ethics''. (M) Clause (1) of rule XLIV of such Rules is amended by striking ``Committee on Standards of Official Conduct'' and inserting ``Independent Commission on Congressional Ethics''. (N) Clause 2(5) of rule XLVII of such Rules is amended by striking ``Committee on Standards of Official Conduct'' and inserting ``Independent Commission on Congressional Ethics''. (O) Clause 5 of rule XLVIII of such Rules is amended by striking ``of the Committee on Standards of Official Conduct and''. (P) Clause 7(d) of rule XLVIII of such Rules is amended by striking ``Committee on Standards of Official Conduct'' and inserting ``Independent Commission on Congressional Ethics''. (Q) Clause 7(e) of rule XLVIII of such Rules is amended by striking ``Committee on Standards of Official Conduct'' and inserting ``Independent Commission on Congressional Ethics''. (R) Clause 13 of rule LI of such Rules is amended by striking ``and the Rules of the House Committee on Standards of Official Conduct''. (2) Law.--The following provisions are each amended by striking ``the Committee on Standards of Official Conduct of the House of Representatives'' and inserting ``the Independent Commission on Congressional Ethics'': (A) Section 5(e) of Public Law 93-191 (2 U.S.C. 501(e)). (B) Section 7342(a)(6)(A) of title 5, United States Code. (C) Section 7353(d)(1) of title 5, United States Code. (D) Section 103(j)(1) of the Ethics in Government Act of 1978 (5 U.S.C. App.). (E) Section 109(1) of the Ethics in Government Act of 1978 (5 U.S.C. App.). (F) Section 109(18)(B) of the Ethics in Government Act of 1978 (5 U.S.C. App.). (G) Section 111(2) of the Ethics in Government Act of 1978 (5 U.S.C. App.). (H) Section 503(1)(A) of the Ethics in Government Act of 1978 (5 U.S.C. App.). SEC. 103. REFERENCE TO COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT. Any reference in a law, regulation, document, paper, or other record of the United States to the ``Committee on Standards of Official Conduct of the House of Representatives'' shall be deemed to be a reference to the ``Independent Commission on Congressional Ethics''. SEC. 104. TRANSITION PROVISIONS. In the case of investigations pending before the Committee on Standards of Official Conduct on the day before the date of the enactment of this Act, the proceedings shall be continued by the Independent Commission on Congressional Ethics. TITLE II--ESTABLISHMENT OF COMMISSION SEC. 201. ESTABLISHMENT OF COMMISSION. There is established an independent commission within the legislative branch of the Federal Government to be known as the Independent Commission on Congressional Ethics (in this title referred to as the ``Commission''). SEC. 202. MEMBERSHIP OF COMMISSION. (a) Number and Appointment.--The Commission shall be composed of five retired or senior Federal judges as follows: (1) Two individuals appointed by the Speaker of the House of Representatives. (2) Two individuals appointed by the Minority Leader of the House of Representatives. (3) One individual appointed by the individuals appointed under paragraphs (1) and (2). (b) Terms.--The term of office for a member of the Commission shall be four years. A member shall be eligible for two terms of office. (c) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Removal.--Any member of the Commission may be removed from office by a majority decision of the appointing authorities described in subsection (a), but only for-- (1) disability that substantially prevents the member from carrying out the duties of the member; (2) incompetence; (3) neglect of duty; or (4) malfeasance, including a felony or conduct involving moral turpitude. (e) Compensation.-- (1) Rate of pay.--Except as provided in paragraph (2), each member of the Commission shall serve without pay or benefits. (2) Travel expenses.--Each member of the Commission may receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum. (g) Chairperson.-- (1) Election.--The Commission shall elect a Chairperson of the Commission from among its members at its first meeting. (2) Term.--The term of the Chairperson shall be two years. (h) Meetings.-- (1) In general.--The Commission shall meet at the call of the Chairperson or a majority of its members. (2) Initial meeting.--The Commission shall hold its initial meeting not later than 60 days after the date on which appointments are completed. SEC. 203. DUTIES OF COMMISSION. The Commission is authorized-- (1) to recommend to the House of Representatives, from time to time, such administrative actions as it may deem appropriate to establish or enforce standards of official conduct for Members, officers, and employees of the House of Representatives; (2) to investigate any alleged violation, by a Member, officer, or employee of the House of Representatives, of any law, rule, regulation, or other standard of conduct applicable to the conduct of such Member, officer, or employee in the performance of his duties or the discharge of his responsibilities, and after notice and hearing (unless the right to a hearing is waived by the Member, officer, or employee), shall report to the House of Representatives its findings of fact and recommendations, if any, upon the final disposition of any such investigation, and such action as the Commission may deem appropriate in the circumstances; (3) to report to the appropriate Federal or State authorities, with the approval of the House of Representatives, any substantial evidence of a violation, by a Member, officer, or employee of the House of Representatives, of any law applicable to the performance of his duties or the discharge of his responsibilities, which may have been disclosed in a Commission investigation; (4) to give consideration to the request of any Member, officer, or employee of the House of Representatives for an advisory opinion with respect to the general propriety of any current or proposed conduct of such Member, officer, or employee and, with appropriate deletions to assure the privacy of the individual concerned, to publish such opinion for the guidance of other Members, officers, and employees of the House of Representatives; and (5) to provide information and guidance to Members, officers and employees of the House of Representatives regarding any laws, rules, regulations, and other standards of conduct applicable to such individuals in their official capacities, and develop and carry out periodic educational briefings for Members, officers, and employees of the House of Representatives on those laws, rules, regulations, or other standards. SEC. 204. PROCEDURAL RULES. (a) Majority Approval.--No resolution, report, recommendation, or advisory opinion relating to the official conduct of a Member, officer, or employee of the House shall be made by the Commission, and no investigation of such conduct shall be undertaken by the Commission, unless approved by the affirmative vote of a majority of the members of the Commission. (b) Investigations.--Except in the case of an investigation undertaken by the Commission on its own initiative, the Commission may undertake an investigation relating to the official conduct of an individual Member, officer, or employee of the House of Representatives only-- (i) upon receipt of a complaint, in writing and under oath, made by or submitted to a Member of the House of Representatives and transmitted to the Commission by such Member, or (ii) upon receipt of a complaint, in writing and under oath, directly from an individual not a Member of the House of Representatives if the Commission finds that such complaint has been submitted by such individual to not less than three Members of the House who have refused, in writing, to transmit such complaint to the Commission. (c) Prohibition of Certain Investigations.--No investigation shall be undertaken by the Commission of any alleged violation of a law, rule, regulation, or standard of conduct not in effect at the time of the alleged violation; nor shall any investigation be undertaken by the Commission of any alleged violation which occurred before the third previous Congress unless the Commission determines that the alleged violation is directly related to any alleged violation which occurred in a more recent Congress. (d) Disclosure.--No information or testimony received, or the contents of a complaint or the fact of its filing, shall be publicly disclosed by any member of the Commission or staff of the Commission unless specifically authorized in each instance by a vote of the full Commission. SEC. 205. STAFF OF COMMISSION. (a) Staff.--The Commission may appoint and fix the compensation of such staff as the Commission considers necessary to perform its duties. (b) Detailed Personnel.--The Commission may, with the prior consent of the department or agency of the Federal Government concerned, use on a reimbursable or nonreimbursable basis the services of personnel of any such department or agency, including the services of members or personnel of the General Accounting Office Personnel Appeals Board. (c) Consultants.--In carrying out the functions of the Commission, the Commission may procure the temporary (not to exceed one year) or intermittent services of consultants. TITLE III--DISCHARGE OF COMMISSION REPORT FROM COMMITTEE ON RULES IN THE HOUSE OF REPRESENTATIVES SEC. 301. DISCHARGE OF COMMITTEE. (1) If the Rules Committee in the House of Representatives to which the report has been referred has not reported it at the end of 30 legislative days after the introduction, it is in order to move either to discharge the committee from further consideration of the report or to discharge the committee from further consideration of any other resolution introduced with respect to the same matter, except that a motion to discharge-- (A) may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his intention to do so; and (B) is not in order after the Committee has reported a resolution with respect to the same matter. (2) A motion to discharge under paragraph (1) may be made only by an individual favoring the resolution, and is highly privileged in the House; and debate thereon shall be limited to not more than 1 hour, the time to be divided in the House equally between those favoring and those opposing the resolution. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. SEC. 302. FLOOR CONSIDERATION IN THE HOUSE OF REPRESENTATIVES. (1) A motion in the House of Representatives to proceed to the consideration of the resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate in the House of Representatives on a resolution shall be limited to not more than 6 hours, which shall be divided equally between those favoring the resolution and those opposing the resolution. A further motion to limit debate shall not be debatable. No amendment to, or motion to recommit, the resolution shall be in order. It shall not be in order to move to reconsider the vote by which a resolution is agreed to or disagreed to.

TABLE OF CONTENTS: Title I: Termination of Committee on Standards of Official Conduct in the House of Representatives Title II: Establishment of Commission Title III: Discharge of Commission Report from Committee on Rules in the House of Representatives Ethics Reform Act of 1995 - Title I: Termination of Committee on Standards of Official Conduct in the House of Representatives - Amends: (1) rule X of the Rules of the House of Representatives to terminate the Committee on Standards of Official Conduct; and (2) the Ethics Reform Act of 1989 to repeal provisions regarding that Committee. Makes conforming amendments to the Rules, the Ethics in Government Act of 1978, and other Federal law. Title II: Establishment of Commission - Establishes within the legislative branch the Independent Commission on Congressional Ethics. Sets forth provisions regarding membership and staff of, and procedural rules with respect to, the Commission. Sets forth duties of the Commission, including: (1) recommending to the House appropriate administrative actions to establish or enforce standards of official conduct for Members, officers, and employees of the House; (2) investigating alleged violations and reporting to the House its findings and recommendations; (3) reporting to appropriate Federal or State authorities, with House approval, any substantial evidence of violations; (4) considering requests of any House Member, officer, or employee for an advisory opinion; and (5) providing information and guidance to House Members, officers, and employees regarding laws, rules, regulations, and other standards of conduct applicable to such individuals in their official capacities. Title III: Discharge of Commission Report from Committee on Rules in the House of Representatives - Sets forth provisions regarding: (1) discharging the Committee from further consideration of a Commission's report or any resolution introduced with respect to a Commission report, recommendation, or advisory opinion; and (2) floor consideration of such a resolution.

Ethics Reform Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Sea Grant College Program Amendments Act of 2016''. SEC. 2. REFERENCES TO THE NATIONAL SEA GRANT COLLEGE PROGRAM ACT. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the National Sea Grant College Program Act (33 U.S.C. 1121 et seq.). SEC. 3. MODIFICATION OF DEAN JOHN A. KNAUSS MARINE POLICY FELLOWSHIP. (a) In General.--Section 208(b) (33 U.S.C. 1127(b)) is amended by striking ``may'' and inserting ``shall''. (b) Placements in Congress.--Such section is further amended-- (1) in the first sentence, by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary''; and (2) in paragraph (1), as designated by paragraph (1), in the second sentence, by striking ``A fellowship'' and inserting the following: ``(2) Placement priorities.-- ``(A) In general.--In each year in which the Secretary awards a legislative fellowship under this subsection, when considering the placement of fellows, the Secretary shall prioritize placement of fellows in the following: ``(i) Positions in offices of, or with members on, committees of Congress that have jurisdiction over the National Oceanic and Atmospheric Administration. ``(ii) Positions in offices of members of Congress that have a demonstrated interest in ocean, coastal, or Great Lakes resources. ``(B) Equitable distribution.--In placing fellows in offices described in subparagraph (A), the Secretary shall ensure, to the maximum degree practicable, that placements are equitably distributed among the political parties. ``(3) Duration.--A fellowship''. (c) Effective Date.--The amendments made by subsection (b) shall apply with respect to the first calendar year beginning after the date of enactment of this Act. (d) Sense of Congress Concerning Federal Hiring of Former Fellows.--It is the sense of Congress that in recognition of the competitive nature of the fellowship under section 208(b) of the National Sea Grant College Program Act (33 U.S.C. 1127(b)), and of the exceptional qualifications of fellowship awardees, the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, should encourage participating Federal agencies to consider opportunities for fellowship awardees at the conclusion of their fellowship for workforce positions appropriate for their education and experience. SEC. 4. MODIFICATION OF AUTHORITY OF SECRETARY OF COMMERCE TO ACCEPT DONATIONS FOR NATIONAL SEA GRANT COLLEGE PROGRAM. (a) In General.--Section 204(c)(4)(E) (33 U.S.C. 1123(c)(4)(E)) is amended to read as follows: ``(E) accept donations of money and, notwithstanding section 1342 of title 31, United States Code, of voluntary and uncompensated services;''. (b) Priorities.--The Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere, shall establish priorities for the use of donations accepted under section 204(c)(4)(E) of the National Sea Grant College Program Act (33 U.S.C. 1123(c)(4)(E)), and shall consider among those priorities the possibility of expanding the Dean John A. Knauss Marine Policy Fellowship's placement of additional fellows in relevant legislative offices under section 208(b) of that Act (33 U.S.C. 1127(b)), in accordance with the recommendations under subsection (c) of this section. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Director of the National Sea Grant College Program, in consultation with the National Sea Grant Advisory Board and the Sea Grant Association, shall-- (1) develop recommendations for the optimal use of any donations accepted under section 204(c)(4)(E) of the National Sea Grant College Program Act (33 U.S.C. 1123(c)(4)(E)); and (2) submit to Congress a report on the recommendations developed under paragraph (1). (d) Construction.--Nothing in this section shall be construed to limit or otherwise affect any other amounts available for marine policy fellowships under section 208(b) of the National Sea Grant College Program Act (33 U.S.C. 1127(b)), including amounts-- (1) accepted under section 204(c)(4)(F) of that Act (33 U.S.C. 1123(c)(4)(F)); or (2) appropriated under section 212 of that Act (33 U.S.C. 1131). SEC. 5. REPEAL OF REQUIREMENT FOR REPORT ON COORDINATION OF OCEANS AND COASTAL RESEARCH ACTIVITIES. Section 9 of the National Sea Grant College Program Act Amendments of 2002 (33 U.S.C. 857-20) is repealed. SEC. 6. REDUCTION IN FREQUENCY REQUIRED FOR NATIONAL SEA GRANT ADVISORY BOARD REPORT. Section 209(b)(2) (33 U.S.C. 1128(b)(2)) is amended-- (1) in the heading, by striking ``Biennial'' and inserting ``Periodic''; and (2) in the first sentence, by striking ``The Board shall report to the Congress every two years'' and inserting ``Not less frequently than once every 3 years, the Board shall submit to Congress a report''. SEC. 7. MODIFICATION OF ELEMENTS OF NATIONAL SEA GRANT COLLEGE PROGRAM. Section 204(b) (33 U.S.C. 1123(b)) is amended, in the matter before paragraph (1), by inserting ``for research, education, extension, training, technology transfer, and public service'' after ``financial assistance''. SEC. 8. DIRECT HIRE AUTHORITY; DEAN JOHN A. KNAUSS MARINE POLICY FELLOWSHIP. (a) In General.--During fiscal year 2016 and thereafter, the head of any Federal agency may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, other than sections 3303 and 3328 of that title, a qualified candidate described in subsection (b) directly to a position with the Federal agency for which the candidate meets Office of Personnel Management qualification standards. (b) Dean John A. Knauss Marine Policy Fellowship.--Subsection (a) applies with respect to a former recipient of a Dean John A. Knauss Marine Policy Fellowship under section 208(b) of the National Sea Grant College Program Act (33 U.S.C. 1127(b)) who-- (1) earned a graduate or post-graduate degree in a field related to ocean, coastal and Great Lakes resources or policy from an accredited institution of higher education; and (2) successfully fulfilled the requirements of the fellowship within the executive or legislative branch of the United States Government. (c) Limitation.--The direct hire authority under this section shall be exercised with respect to a specific qualified candidate not later than 2 years after the date that the candidate completed the fellowship. SEC. 9. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SEA GRANT COLLEGE PROGRAM. (a) In General.--Section 212(a) (33 U.S.C. 1131(a)) is amended-- (1) by amending paragraph (1) to read as follows: ``(1) In general.--There are authorized to be appropriated to the Secretary to carry out this title-- ``(A) $75,600,000 for fiscal year 2016; ``(B) $79,380,000 for fiscal year 2017; ``(C) $83,350,000 for fiscal year 2018; ``(D) $87,520,000 for fiscal year 2019; ``(E) $91,900,000 for fiscal year 2020; and ``(F) $96,500,000 for fiscal year 2021.''; and (2) by amending paragraph (2) to read as follows: ``(2) Priority activities for fiscal years 2016 through 2021.--In addition to the amounts authorized under paragraph (1), there is authorized to be appropriated $6,000,000 for each of fiscal years 2016 through 2021 for competitive grants for the following: ``(A) University research on the biology, prevention, and control of aquatic nonnative species. ``(B) University research on oyster diseases, oyster restoration, and oyster-related human health risks. ``(C) University research on the biology, prevention, and forecasting of harmful algal blooms. ``(D) University research, education, training, and extension services and activities focused on coastal resilience and U.S. working waterfronts and other regional or national priority issues identified in the strategic plan under section 204(c)(1). ``(E) University research on sustainable aquaculture techniques and technologies. ``(F) Fishery extension activities conducted by sea grant colleges or sea grant institutes to enhance, and not supplant, existing core program funding.''. (b) Modification of Limitations on Amounts for Administration.-- Paragraph (1) of section 212(b) (33 U.S.C. 1131(b)) is amended to read as follows: ``(1) Administration.-- ``(A) In general.--There may not be used for administration of programs under this title in a fiscal year more than 5.5 percent of the lesser of-- ``(i) the amount authorized to be appropriated under this title for the fiscal year; or ``(ii) the amount appropriated under this title for the fiscal year. ``(B) Critical staffing requirements.-- ``(i) In general.--The Director shall use the authority under subchapter VI of chapter 33 of title 5, United States Code, to meet any critical staffing requirement while carrying out the activities authorized in this title. ``(ii) Exception from cap.--For purposes of subparagraph (A), any costs incurred as a result of an exercise of authority as described in clause (i) shall not be considered an amount used for administration of programs under this title in a fiscal year.''. (c) Allocation of Funding.-- (1) In general.--Section 204(d)(3) (33 U.S.C. 1123(d)(3)) is amended-- (A) in the matter before subparagraph (A), by striking ``With respect to sea grant colleges and sea grant institutes'' and inserting ``With respect to sea grant colleges, sea grant institutes, sea grant programs, and sea grant projects''; and (B) in subparagraph (B), in the matter before clause (i), by striking ``funding among sea grant colleges and sea grant institutes'' and inserting ``funding among sea grant colleges, sea grant institutes, sea grant programs, and sea grant projects''. (2) Repeal of requirements concerning distribution of excess amounts.--Section 212 (33 U.S.C. 1131) is amended-- (A) by striking subsection (c); and (B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. SEC. 10. TECHNICAL CORRECTIONS. The National Sea Grant College Program Act (33 U.S.C. 1121 et seq.) is amended-- (1) in section 204(d)(3)(B) (33 U.S.C. 1123(d)(3)(B)), by moving clause (vi) two ems to the right; and (2) in section 209(b)(2) (33 U.S.C. 1128(b)(2)), as amended by section 6, in the third sentence, by striking ``The Secretary shall'' and inserting the following: ``(3) Availability of resources of department of commerce.--The Secretary shall''. Passed the Senate July 14, 2016. Attest: JULIE E. ADAMS, Secretary.

. National Sea Grant College Program Amendments Act of 2016 (Sec.3) This bill amends the National Sea Grant College Program Act to reauthorize through FY2021 the National Sea Grant College Program. The bill requires the National Oceanic and Atmospheric Administration (NOAA) to award Dean John A. Knauss Marine Policy Fellowships. Currently, NOAA has discretion in awarding such fellowships. Those fellowships support the placement of graduate students in fields related to ocean, coastal, and Great Lakes resources in positions with the executive and legislative branches. (Sec.4)NOAA must establish priorities for the use of donations given for the National Sea Grant Program. (Sec.8)An agency may appoint a recipient of a Dean John A. Knauss Marine Policy Fellowship to a federal position within two years after such recipient successfully completes a fellowship. (Sec.9)The bill authorizes through FY2021 grants for university research on: (1) the biology, prevention, and control of aquatic nonnative species; (2) oyster diseases, oyster restoration, and oyster-related human health risks; (3) the biology, prevention, and forecasting of harmful algal blooms; and (4) sustainable aquaculture techniques and technologies. The bill also authorizes through FY2021 grants for: (1) fishery extension activities conducted by sea grant colleges or sea grant institutes to enhance existing core program funding; and (2) priority issues identified in the National Sea Grant Program's strategic plan.

National Sea Grant College Program Amendments Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homesteading and Neighborhood Restoration Act of 1995''. SEC. 2. ASSISTANCE FOR HABITAT FOR HUMANITY AND OTHER SELF-HELP HOUSING PROVIDERS. (a) Grant Authority.--The Secretary shall, to the extent that amounts are made available to carry out this section and the requirements of this section are met, make grants for use in accordance with this section to-- (1) Habitat for Humanity International, whose organizational headquarters are located in Americus, Georgia; and (2) other national or regional organizations or consortia that have experience in providing or facilitating self-help housing homeownership opportunities. (b) Goals and Accountability.-- (1) Goals.--In making grants under this section, the Secretary shall take such actions as may be necessary to ensure that-- (A) assistance provided under this section is used to facilitate and encourage innovative homeownership opportunities through the provision of self-help housing, under which the homeowner contributes a significant amount of sweat equity toward the construction of the new dwelling; (B) assistance provided under this section for land acquisition and infrastructure development results in the development of not less than 5,000 new dwellings; (C) the dwellings constructed in connection with assistance provided under this section are dwellings that comply with local building and safety codes and standards and are available at prices below the prevailing market prices; (D) the provision of assistance under this section establishes and fosters a partnership between the Federal Government and Habitat for Humanity International, the affiliates thereof, and other organizations and consortia, resulting in efficient development of affordable housing with minimal governmental intervention, limited governmental regulation, and significant involvement by private entities; (E) activities to develop housing assisted pursuant to this section involve community participation similar to the homeownership program carried out by Habitat for Humanity International, in which volunteers assist in the construction of dwellings; and (F) dwellings are developed in connection with assistance under this section on a geographically diverse basis, which includes areas having high housing costs, rural areas, and areas underserved by other homeownership opportunities that are populated by low- income families that are otherwise unable to afford housing. (2) Accountability.--If, at any time, the Secretary determines that the goals under this subsection cannot be met by providing assistance in accordance with the terms of this section, the Secretary shall immediately notify the applicable committees in writing of such determination and any proposed changes to such goals or to this section. (c) Allocation.--Of any amounts available for grants under this section-- (1) 50 percent shall be used for a grant to the organization specified in subsection (a)(1); and (2) 50 percent shall be used for grants to organizations and consortia under subsection (a)(2). (d) Use.-- (1) Purpose.--Amounts from grants made under this section shall be used only for eligible expenses in connection with developing new decent, safe, and sanitary nonluxury dwellings in the United States for families and persons who are otherwise unable to afford to purchase a dwelling. (2) Eligible expenses.-- (A) Costs included.--For purposes of paragraph (1), the term ``eligible expenses'' means costs only for the following activities: (i) Land acquisition.--Acquiring land (including financing and closing costs). (ii) Infrastructure improvement.-- Installing, extending, constructing, rehabilitating, or otherwise improving utilities and other infrastructure. (B) Costs not included.--The term does not include any costs for the rehabilitation, improvement, or construction of dwellings. (e) Establishment of Grant Fund.-- (1) In general.--Any amounts from any grant made under this section shall be deposited by the grantee organization or consortium in a fund that is established by such organization or consortium for such amounts, administered by such organization or consortium, and available for use only in accordance with subsection (d). Any interest, fees, or other earnings of the fund shall be deposited in the fund and shall be considered to be grant amounts for purposes of this section. (2) Assistance to habitat for humanity international affiliates.--Habitat for Humanity International may use amounts in the fund established for such organization pursuant to paragraph (1) in accordance with subsection (d) by providing assistance from the fund to local affiliates of such organization. (f) Requirements for Assistance to Other Organizations.--The Secretary may make a grant to an organization or consortium under subsection (a)(2) only pursuant to-- (1) an expression of interest by such organization or consortium to the Secretary for a grant for such purposes; (2) a determination by the Secretary that the organization or consortium has the capability and has obtained financial commitments (or has the capacity to obtain financial commitments) necessary to-- (A) develop not less than 50 dwellings in connection with the grant amounts; and (B) otherwise comply with a grant agreement under subsection (i); and (3) a grant agreement entered into under subsection (i). (g) Treatment of Unused Amounts.--Upon the expiration of the 6- month period beginning on the date on which the Secretary initially provides notice of the availability of amounts for grants under subsection (a)(2), the Secretary shall determine whether the amount remaining from the aggregate amount reserved under subsection (c)(2) exceeds the amount needed to provide funding in connection with any expressions of interest under subsection (f)(1) made by such date that are likely to result in grant agreements under subsection (i). If the Secretary determines that such excess amounts remain, the Secretary shall provide the excess amounts to Habitat for Humanity International by making a grant to that organization in accordance with this section. (h) Geographic Diversity.-- (1) Use of grant amounts.--In using grant amounts provided under subsection (a)(1), Habitat for Humanity International shall make reasonable efforts to ensure that the amounts are used in a manner that results in national geographic diversity among housing developed using such amounts. (2) Making grants.--In making grants under subsection (a)(2), the Secretary shall make reasonable efforts to ensure that grants are provided and grant amounts are used in a manner that results in national geographic diversity among housing developed using grant amounts under this section. (i) Grant Agreement.--A grant under this section shall be made only pursuant to a grant agreement entered into by the Secretary and the organization or consortium receiving the grant, which shall-- (1) require such organization or consortium to use grant amounts only as provided in this section; (2) provide for the organization or consortium to develop a specific and reasonable number of dwellings using the grant amounts, which number shall be established taking into consideration costs and economic conditions in the areas in which the dwellings will be developed, but in no case shall be less than 50; (3) require the organization or consortium to use the grant amounts in a manner that leverages other sources of funding (other than grants under this section), including private or public funds, in developing the dwellings; (4) require the organization or consortium to comply with the other provisions of this section; (5) in the case only of a grant under subsection (a)(2), provide that if the organization or consortium has not used any grant amounts during the 24-month period beginning on the date on which such amounts are initially disbursed to the organization or consortium, the Secretary shall recapture such unused amounts; and (6) contain such other terms as the Secretary may require to provide for compliance with subsection (b) and the requirements of this section. (j) Grant Payments.-- (1) One-step disbursement.--With respect to any grant under subsection (a)(2) in an amount less than $8,000,000, the Secretary shall make the total amount of the grant available to the grantee organization or consortium upon entering into the grant agreement under subsection (i) and providing notice under paragraph (3). (2) Two-step disbursement.--With respect to the grant under subsection (a)(1) and any grant under subsection (a)(2) in an amount equal to or exceeding $8,000,000, the Secretary shall disburse the grant amounts in 2 equal payments, as follows: (A) Initial payment.--The first payment shall be made available to the grantee organization or consortium upon entering into the grant agreement under subsection (i) and providing notice under paragraph (3). (B) Final payment.--The second payment shall be made available to the organization or consortium subject to the following requirements: (i) Notice.--The amounts may not be made available until 30 days after the Secretary certifies to the applicable committees that the grant amounts provided under subparagraph (A) to the organization or consortium have been used in accordance with this section to develop the new dwellings required under the grant agreement. (ii) Fulfillment of grant agreement.--If the Secretary determines that the organization or consortium has not, during the 24-month period beginning on the date on which amounts are initially made available under subparagraph (A) to the organization or consortium, substantially fulfilled the obligations under the grant agreement, including development of the appropriate number of dwellings under the agreement, the Secretary shall provide any undisbursed amounts remaining from such grant to Habitat for Humanity International by making a grant to such organization in accordance with this section. (3) Notification to congress.--Notification under this paragraph is written notification to the applicable committees of a grant, the amount of the grant, and the terms of the grant agreement. (4) Failure to report.--If the Secretary fails to report to the applicable committees as required in this subsection, the Secretary may not make any grant under this section after that failure and may not disburse any amounts under any grant made prior to that failure. (k) Records and Audits.--During the period beginning on the date on which a grant is made under this section and ending on close-out of the grant under subsection (l)-- (1) the grantee organization or consortium shall keep such records and adopt such administrative practices as the Secretary may require to ensure compliance with the provisions of this section and the grant agreement; and (2) the Secretary and the Comptroller General of the United States, and any of their duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records of the grantee organization or consortium and the affiliates thereof that are pertinent to the grant made under this section. (l) Close-Out.-- (1) In general.--The Secretary shall close out a grant made under this section upon determining that the aggregate amount of any assistance provided from the fund established under subsection (d)(1) by the grantee organization or consortium exceeds the amount of the grant. For purposes of this paragraph, any interest, fees, and other earnings of the fund shall be excluded from the amount of the grant. (2) Effect.--After a close-out under paragraph (1), no grantee organization or consortium, or any affiliates thereof, may be required to comply with any provision of this section or the grant agreement or to account to the Secretary for use of grant amounts. (m) Environmental Review.--A grant under this section shall be considered to be funds for a special project for purposes of section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994. (n) Report to Congress.--Not later than 90 days after the date on which the close-out of all grants under this section is completed, the Secretary shall submit to the applicable committees a report describing the grants made under this section, the grantees, the housing developed in connection with the grant amounts, and the purposes for which the grant amounts were used. (o) Definitions.--For purposes of this section, the following definitions shall apply: (1) Applicable committees.--The term ``applicable committees'' means the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking and Financial Services of the House of Representatives. (2) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (3) United states.--The term ``United States'' includes the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States. (p) Funding.--Of any amounts made available for annual contributions for assisted housing before the date of enactment of this Act, $50,000,000 shall be used by the Secretary to carry out this section. Any such amounts shall remain available for such purposes until expended. (q) Regulations.--Not later than 30 days after the date of enactment of this Act, the Secretary shall issue any final regulations necessary to carry out this section. The regulations shall take effect upon issuance and may not exceed, in length, 5 full pages in the Federal Register.

Homesteading and Neighborhood Restoration Act of 1995 - Directs the Secretary of Housing and Urban Development to make grants to: (1) Habitat for Humanity International, whose headquarters are in Americus, Georgia; and (2) other national or regional organizations or consortia with experience in providing self-help housing homeownership opportunities.

Homesteading and Neighborhood Restoration Act of 1995

SECTION 1. COMBINATION FINANCING. Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following: ``(31) Combination financing.-- ``(A) Definitions.--As used in this paragraph-- ``(i) the term `combination financing' means financing comprised of a loan guaranteed under this subsection and a commercial loan; and ``(ii) the term `commercial loan' means a loan which is part of a combination financing and no portion of which is guaranteed by the Federal Government. ``(B) Applicability.--This paragraph applies to a loan guarantee obtained by a small business concern under this subsection, if the small business concern also obtains a commercial loan. ``(C) Commercial loan amount.--In the case of any combination financing, the amount of the commercial loan which is part of such financing shall not exceed the gross amount of the loan guaranteed under this subsection which is part of such financing. ``(D) Commercial loan provisions.--The commercial loan obtained by the small business concern-- ``(i) may be made by the participating lender that is providing financing under this subsection or by a different lender; ``(ii) may be secured by a senior lien; and ``(iii) may be made by a lender in the Preferred Lenders Program, if applicable. ``(E) Commercial loan fee.--A one-time fee in an amount equal to 0.7 percent of the amount of the commercial loan shall be paid by the lender to the Administration if the commercial loan has a senior credit position to that of the loan guaranteed under this subsection. Any fee under the preceding sentence shall be paid by the participating lender and shall not be charged to the borrower. ``(F) Deferred participation loan security.--A loan guaranteed under this paragraph may be secured by a subordinated lien. ``(G) Completion of application processing.--The Administrator shall complete processing of an application for combination financing under this paragraph pursuant to the program authorized by this subsection as it was operating on October 1, 2003. ``(H) Business loan eligibility.--Any standards prescribed by the Administrator relating to the eligibility of small business concerns to obtain combination financing under this subsection, which are in effect on September 1, 2004, shall apply with respect to combination financings made under this paragraph. Any modifications to such standards by the Administrator after such date shall not unreasonably restrict the availability of combination financing under this paragraph relative to the availability of such financing before such modifications.''. SEC. 2. LOAN GUARANTEE FEES. (a) In General.--Section 7(a)(23)(A) of the Small Business Act (15 U.S.C. 636(a)(23)(A)) is amended to read as follows: ``(A) Percentage.--With respect to each loan guaranteed under this subsection, the Administrator shall, in accordance with such terms and procedures as the Administrator shall establish by regulation, assess and collect an annual fee in an amount equal to 0.36 percent of the outstanding balance of the deferred participation share of the loan. (b) Guarantee Fees.--Section 7(a)(18) of the Small Business Act (15 U.S.C. 636(a)(18)) is amended to read as follows: ``(18) Guarantee fees.--With respect to each loan guaranteed under this subsection (other than a loan that is repayable in 1 year or less), the Administration shall collect a guarantee fee, which shall be payable by the participating lender, and may be charged to the borrower, as follows: ``(A) A guarantee fee equal to 1 percent of the deferred participation share of a total loan amount that is not more than $150,000. ``(B) A guarantee fee equal to 2.5 percent of the deferred participation share of a total loan amount that is more than $150,000, but not more than $700,000. ``(C) A guarantee fee equal to 3.5 percent of the deferred participation share of a total loan amount that is more than $700,000. ``(D) In addition to the fee under subparagraph (C), a guarantee fee equal to 0.25 percent of the amount, if any, by which the deferred participation share of the loan exceeds $1,000,000.''. SEC. 3. EXPRESS LOAN PROVISIONS. Section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as amended by section 1, is further amended by adding at the end the following: ``(32) Express loan provisions.-- ``(A) Definitions.--As used in this paragraph: ``(i) The term `express lender' means any lender authorized by the Administrator to participate in the Express Loan Program. ``(ii) The term `express loan' means any loan made pursuant to this paragraph in which a lender utilizes to the maximum extent practicable its own loan analyses, procedures, and documentation. ``(iii) The term `Express Loan Program' means the program for express loans established by the Administrator under paragraph (25)(B), as in existence on April 5, 2004, with a guaranty rate of not more than 50 percent. ``(B) Restriction to express lender.--The authority to make an express loan shall be limited to those lenders deemed qualified to make such loans by the Administrator. Designation as an express lender for purposes of making an express loan shall not prohibit such lender from taking any other action authorized by the Administrator for that lender pursuant to this subsection. ``(C) Grandfathering of existing lenders.--Any express lender shall retain such designation unless the Administrator determines that the express lender has violated the law or regulations promulgated by the Administrator or modifies the requirements to be an express lender and the lender no longer satisfies those requirements. ``(D) Maximum loan amount.--The maximum loan amount under the Express Loan Program is $2,000,000. ``(E) Option to participate.--Except as otherwise provided in this paragraph, the Administrator shall take no regulatory, policy, or administrative action, without regard to whether such action requires notification pursuant to paragraph (24), that has the effect of-- ``(i) requiring a lender to make an express loan pursuant to subparagraph (D); ``(ii) limiting or modifying any term or condition of deferred participation loans made under this subsection (other than express loans) unless the Administrator imposes the same limit or modification on express loans; ``(iii) transferring or re-allocating staff, staff responsibilities, resources, or funding, if the result of such transfer or re- allocation would be to increase the average loan processing, approval, or disbursement time above the averages for those functions as of October 1, 2003, for loan guarantees approved under this subsection by employees of the Administration or through the Preferred Lenders Program; or ``(iv) otherwise providing any incentive or disincentive which encourages lenders or borrowers to make or obtain loans under the Express Loan Program instead of under the general loan authority of this subsection. ``(F) Collection and reporting of data.--For all loans in excess of $250,000 made pursuant to the authority set forth in subparagraph (D), the Administrator shall, to the extent practicable, collect data on the purpose for each such loan. The Administrator shall report monthly to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives on the number of such loans and their purposes.''. SEC. 4. STANDARDS FOR LOANS MADE WITH DEFERRED PARTICIPATION. Section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as amended by sections 1 and 3, is further amended by adding at the end the following: ``(33) Standards for loans made with deferred participation.--Deferred participation loans made on or after October 1, 2004, under this subsection shall have the same terms and conditions (including maximum gross loan amounts and collateral requirements) as were applicable to loans made under this subsection on October 1, 2003, except as otherwise provided in paragraph (18)(D), paragraph (31), or paragraph (32) and subject to the $1,500,000 limitation on the total amount outstanding and committed in paragraph (3)(A), as in effect on October 1, 2004. This paragraph shall not preclude the Administrator from taking such action as necessary to maintain the loan program carried out under this subsection, subject to appropriations.''. SEC. 5. INCREASE IN GUARANTEE AMOUNT AND INSTITUTION OF ASSOCIATED FEE. Section 7(a)(3) of the Small Business Act (15 U.S.C. 636(a)(3)) is amended-- (1) in subparagraph (A), by striking ``$1,000,000'' and inserting ``$1,500,000''; and (2) in subparagraph (B), by striking ``$1,250,000, of which not more than $750,000'' and inserting ``$1,750,000, of which not more than $1,250,000''. SEC. 6. EFFECTIVE DATES. The amendments made by this Act shall be effective beginning on the date of enactment of this Act and ending on September 30, 2005.

Amends the Small Business Act to permanently authorize small business loan provisions concerning: (1) combination financing; (2) loan guarantee fees; (3) express loan requirements; (4) deferred participation loan standards; and (5) increased Small Business Administration (SBA) guaranteed loan limits.

A bill to reauthorize programs under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) through September 30, 2005.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Modification Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Thunder Bay National Marine Sanctuary and Underwater Preserve in Lake Huron contains more than 100 recorded historic vessel losses. (2) The areas immediately surrounding the Sanctuary, including the offshore waters of Presque Isle and Alcona counties, Michigan, contain an equal number of historic vessel losses. (3) Many of these shipwrecks and underwater cultural resources are popular recreational diving destinations, and all contribute to our collective maritime heritage. (4) These resources are susceptible to damage from human activities, and must be properly preserved for themselves and to protect the economic viability of their contribution to national and regional economies. (b) Purposes.--The purposes of this Act are-- (1) to expand the Thunder Bay National Marine Sanctuary and Underwater Preserve boundaries to encompass the offshore waters of Presque Isle and Alcona counties, Michigan and outward to the international border between the United States and Canada; and (2) to provide the underwater cultural resources of those areas equal protection to that currently afforded to the Sanctuary. SEC. 3. DEFINITIONS. In this Act: (1) Sanctuary.--The term ``Sanctuary'' means the Thunder Bay National Marine Sanctuary and Underwater Preserve. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 4. SANCTUARY BOUNDARY ADJUSTMENT. (a) Boundary Adjustment.--Notwithstanding any provision of law or regulation, including section 922.190 of title 15, Code of Federal Regulations, as in effect on the date of the enactment of this Act, the Sanctuary shall consist of the geographic area described in subsection (b). (b) Expanded Sanctuary Boundary.--The area referred to in subsection (a) is all submerged lands, including the underwater cultural resources, lake ward of the mean high water line, within the boundaries of a line formed by connecting points in succession beginning at a point along the mean high water line located approximately at 45.628741N, 84.206983W (at Hammond Bay in Presque Isle County) then due east to the international boundary between the United States and Canada approximately located at 45.628741N, 83.163783W then following the international boundary between the United States and Canada in a generally southeasterly direction where it intersects latitude 44.511111N, then due west to a point along the mean high water line located approximately at 44.511111N, 83.318483W (in Alcona County just south of the town of Greenbush) returning to the first point along the mean high water line. (c) Authority To Make Minor Adjustments.--The Secretary may make minor adjustments to the boundary described in subsection (b) to facilitate enforcement and clarify the boundary to public provided the resulting boundary is consistent the purposes described in section 2(b). (d) Inclusion in the System.--The area described in subsection (b), as modified in accordance with subsection (c), shall be managed as part of the National Marine Sanctuary System established by section 301(c) of the National Marine Sanctuaries Act (16 U.S.C. 1431(c)), in accordance with that Act. (e) Updated NOAA Charts.--The Secretary shall-- (1) produce updated National Oceanic and Atmospheric Administration charts for the area in which the Sanctuary is located; and (2) include on such charts the boundaries of the Sanctuary described in subsection (b), as modified in accordance with subsection (c). SEC. 5. EXTENSION OF REGULATIONS AND MANAGEMENT. (a) Regulations.--The regulations applicable to the Sanctuary codified in subpart R of part 922 of title 15, Code of Federal Regulations, as in effect on the date of the enactment of this Act, shall apply to the geographic area added to the Sanctuary pursuant to section 4, unless the Secretary specifies otherwise by regulation. (b) Existing Certifications.--The Secretary may certify that any license, permit, approval, other authorization, or right to conduct a prohibited activity made pursuant to section 922.194 of title 15, Code of Federal Regulations, that exists on the date of the enactment of this Act shall apply to such an activity conducted within the geographic area added to the Sanctuary pursuant to section 4. (c) Date of Sanctuary Designation.--For purposes of section 922.194 of title 15, Code of Federal Regulations, the date of the enactment of this Act shall be deemed to be the date of Sanctuary designation. (d) Management Plan.--To the extent practicable, the Secretary shall apply the management plan in effect for the Sanctuary of the date of the enactment of this Act to the geographic area added to the Sanctuary pursuant to section 4.

Thunder Bay National Marine Sanctuary and Underwater Preserve Boundary Modification Act - Expands, notwithstanding any provision of law or regulation, the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve in Lake Huron.

To expand the boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Manufacturing and Worker Protection Act of 2014''. SEC. 2. DISTRIBUTION OF COUNTERVAILING AND ANTIDUMPING DUTIES. (a) In General.--Title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) is amended by inserting after section 753 the following: ``SEC. 754. DISTRIBUTION OF CERTAIN DUTIES TO AFFECTED DOMESTIC PRODUCERS AND EMPLOYEES. ``(a) Definitions.--In this section: ``(1) Affected domestic producer.-- ``(A) In general.--Subject to subparagraph (B), the term `affected domestic producer' means any manufacturer or producer that-- ``(i) was a petitioner or interested party in support of the petition with respect to which an antidumping duty order, a finding under the Antidumping Act of 1921, or a countervailing duty order has been entered; and ``(ii) remains in operation. ``(B) Exception.--Any company, business, or person that has ceased the production of the product covered by the order or finding described in subparagraph (A) or who has been acquired by a company or business that is related to a company that opposed the investigation pursuant to which the order or finding under subparagraph (A) was issued shall not be an affected domestic producer. ``(2) Commissioner.--The term `Commissioner' means the Commissioner responsible for U.S. Customs and Border Protection. ``(3) Commission.--The term `Commission' means the United States International Trade Commission. ``(4) Eligible employee.-- ``(A) In general.--An individual is an `eligible employee' of an affected domestic producer if the individual-- ``(i) has been totally or partially separated from employment with that affected domestic producer because of dumping or a subsidy pursuant to which the antidumping order or finding, or the countervailing duty order, described in paragraph (1)(A)(i) was entered; or ``(ii) is an employee of the affected domestic producer at the time a distribution is made under subsection (b) and was such an employee continuously from a date that preceded the date on which the antidumping order or finding, or the countervailing duty order, described in paragraph (1)(A)(i) was entered. ``(B) Exclusion.--An executive officer of an affected domestic producer is not an eligible employee of that producer. ``(C) Executive officer defined.--The term `executive officer' means, with respect to an affected domestic producer, the chairman of the board of directors, chief executive officer, chief financial officer, president, or vice chairman, any executive vice president, and any senior vice president in charge of a principal business unit, division, or function. ``(5) Partially separated.--The term `partially separated' means, with respect to an employee who has not been totally separated, that the employee has had-- ``(A) the employee's hours of work reduced to 80 percent or less of the employee's average weekly hours because of dumping or a subsidy pursuant to which an antidumping order or finding, or a countervailing duty order, described in paragraph (1)(A)(i), was entered; and ``(B) the employee's wages reduced to 80 percent or less of the employee's average weekly wage because of dumping or a subsidy pursuant to which such antidumping order or finding, or countervailing duty order, was entered. ``(6) Qualifying expenditure.--The term `qualifying expenditure' means an expenditure incurred by an affected domestic producer after the issuance of the antidumping duty finding or order, or countervailing duty order, described in paragraph (1)(A)(i) in any of the following categories: ``(A) Manufacturing facilities. ``(B) Equipment. ``(C) Research and development. ``(D) Personnel training. ``(E) Acquisition of technology. ``(F) Health care benefits to employees paid for by the employer. ``(G) Pension benefits to employees paid for by the employer. ``(H) Environmental equipment, training, or technology. ``(I) Acquisition of raw materials and other inputs. ``(J) Working capital or other funds needed to maintain production. ``(7) Related to.-- ``(A) In general.--A company, business, or person shall be considered to be `related to' another company, business, or person if-- ``(i) the company, business, or person directly or indirectly controls or is controlled by the other company, business, or person; ``(ii) a third party directly or indirectly controls both companies, businesses, or persons; or ``(iii) both companies, businesses, or persons directly or indirectly control a third party and there is reason to believe that the relationship causes the first company, business, or persons to act differently than a nonrelated party. ``(B) Control.--For purposes of subparagraph (A), a party shall be considered to directly or indirectly control another party if the party is legally or operationally in a position to exercise restraint or direction over the other party. ``(8) Totally separated.--The term `totally separated' means the layoff or severance of an individual from employment with an affected domestic producer because of dumping or a subsidy pursuant to which an antidumping order or finding, or the countervailing duty order, described in paragraph (1)(A)(i) was entered. ``(b) In General.--Duties assessed pursuant to a countervailing duty order, an antidumping duty order, or a finding under the Antidumping Act of 1921 shall be distributed on a semiannual basis under this section to the affected domestic producers for qualifying expenditures and cash to eligible employees. Such distribution shall be known as the `antidumping and subsidy protection amount'. Of each such distribution, not more than 10 percent may be used for administrative expenses. Of the remainder, 40 percent shall be distributed to eligible employees of each affected domestic producer to which a distribution is made as provided in this section, and 50 percent shall be distributed for qualifying expenditures of such affected domestic producer. ``(c) Distribution Procedures.--The Commissioner shall prescribe procedures for distribution of the antidumping and subsidy protection amount required by this section. Such procedures shall require each affected producer to whom a distribution is to be made under this section to distribute the portion required for eligible employees in equal amounts to all such employees. Each distribution under this section shall be made not later than 60 days after the last day of each 6-month period of a fiscal year from duties assessed during that 6- month period. ``(d) Parties Eligible for Distribution of Antidumping and Countervailing Duties Assessed.-- ``(1) List of affected domestic producers.--The Commission shall forward to the Commissioner, within 45 days after the effective date of the American Manufacturing and Worker Protection Act of 2014 in the case of orders or findings in effect on that date or, in any other case, within 45 days after the date on which an antidumping or countervailing duty order or finding is issued, a list of petitioners and persons with respect to each order and finding and a list of persons that indicate support of the petition by letter or through questionnaire response. In those cases in which a determination of injury was not required or the Commission's records do not permit an identification of those in support of a petition, the Commission shall consult with the administering authority to determine the identity of the petitioner and those domestic parties who have entered appearances during administrative reviews conducted by the administering authority under section 751. ``(2) Publication of list; certification.--The Commissioner shall publish in the Federal Register, at least 30 days before the distribution of an antidumping and subsidy protection amount is made, a notice of intention to distribute the antidumping and subsidy protection amount and the list of affected domestic producers potentially eligible for the distribution based on the list obtained from the Commission under paragraph (1). The Commissioner shall request a certification from each potentially eligible affected domestic producer-- ``(A) that the producer desires to receive a distribution; ``(B) that the producer is eligible to receive the distribution as an affected domestic producer; ``(C) the qualifying expenditures incurred by the producer since the issuance of the order or finding for which distribution under this section has not previously been made; and ``(D) the eligible employees to whom the distribution is to be made. ``(3) Distribution of funds.--The Commissioner shall distribute all funds (including all interest earned on the funds) from assessed duties received in a fiscal year to affected domestic producers based on the certifications described in paragraph (2). The distributions shall be made on a pro rata basis based on new and remaining qualifying expenditures and the number of eligible employees to whom distributions are to be made. ``(e) Special Accounts.-- ``(1) Establishments.--Within 14 days after the effective date of the American Manufacturing and Worker Protection Act of 2014, with respect to antidumping duty orders and findings and countervailing duty orders in effect on that effective date, and within 14 days after the effective date of an antidumping duty order or finding or countervailing duty order issued after the effective date of that Act, the Commissioner shall establish in the Treasury of the United States a special account with respect to each such order or finding. ``(2) Deposits into accounts.--The Commissioner shall deposit into the special accounts all antidumping or countervailing duties (including interest earned on such duties) that are assessed on or after the effective date of the American Manufacturing and Worker Protection Act of 2014 under the antidumping duty order or finding or the countervailing duty order with respect to which the account was established. ``(3) Time and manner of distributions.--Consistent with the requirements of subsections (c) and (d), the Commissioner shall by regulation prescribe the time and manner in which distribution of the funds in a special account shall be made. ``(4) Termination.-- ``(A) Termination.--If-- ``(i) the order or finding with respect to which a special account was established has terminated, ``(ii) all entries relating to the order or finding have been liquidated and duties assessed collected, and ``(iii) the Commissioner has provided notice and a final opportunity to obtain a distribution pursuant to subsection (c), then the special account shall terminate upon the expiration of the 90-day period beginning on the date of the notice described in clause (iii) ``(B) Unclaimed amounts.--Amounts not claimed within the 90-day period described in subparagraph (A) shall be deposited into the general fund of the Treasury. ``(f) Reports to Congress.--The Commissioner shall submit to Congress, not later than December 31 of each year, a report on the implementation of this section for antidumping and countervailing duty assessments made during the preceding fiscal year, and any recommendations the Commissioner may have with respect to such implementation. The report shall also include any findings of the Commission with respect to any waste, fraud, or abuse in the program established by this section.''. (b) Conforming Amendment.--The table of contents for title VII of the Tariff Act of 1930 is amended by inserting after the item relating to section 753 the following new item: ``Sec. 754. Distribution of certain duties to affected domestic producers and employees.''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2014, and shall apply with respect to all antidumping and countervailing duty assessments made on or after that date. SEC. 3. APPLICATION TO CANADA AND MEXICO. Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3438), the amendments made by this Act shall apply with respect to goods from Canada and Mexico.

American Manufacturing and Worker Protection Act of 2014 - Amends the Tariff Act of 1930 to direct the Commissioner of the U.S. Customs and Border Protection (CBP) to distribute semiannually all funds (including any interest earned) from duties assessed pursuant to a countervailing duty order or antidumping duty order or finding (antidumping and subsidy protection amount) to affected domestic producers for qualifying expenditures and cash to eligible employees. Defines "affected domestic producer" to mean a currently operating manufacturer or producer that was a petitioner or interested party in support of a petition for which an antidumping duty order, finding, or countervailing duty order has been entered. Defines "eligible employee" of an affected domestic producer as an individual who: (1) has been totally or partially separated from employment with that producer because of dumping or a subsidy for which an antidumping duty order, finding, or countervailing duty order has been entered; or (2) is an employee of the affected domestic producer at the time a distribution is made. Defines "qualifying expenditures" to mean certain expenditures incurred by an affected domestic producer after the issuance of an antidumping duty order, finding, or countervailing duty order. Requires the CBP Commissioner to establish in the Treasury a special account for each such order or finding and to deposit in those accounts all funds (including any interest earned) from antidumping or countervailing duties assessed on or after October 1, 2014. Declares that the requirements of this Act shall apply with respect to goods from Canada and Mexico.

American Manufacturing and Worker Protection Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Police Officers' Bill of Rights Act of 1994''. SEC. 2. RIGHTS OF LAW ENFORCEMENT OFFICERS. Part H of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3781 et seq.) is amended by adding at the end thereof the following new section: ``rights of law enforcement officers ``Sec. 820. (a) Political Activity.--Except when on duty or acting in an official capacity, no law enforcement officer shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity. ``(b) Rights of Law Enforcement Officers While Under Investigation.--When a law enforcement officer is under investigation or is subjected to questioning for any reason, other than in connection with an investigation or action described in subsection (h), under circumstances that could lead to disciplinary action, the following minimum standards shall apply: ``(1) Questioning of the law enforcement officer shall be conducted at a reasonable hour, preferably when the law enforcement officer is on duty, unless exigent circumstances otherwise require. ``(2) Questioning of the law enforcement officer shall take place at the offices of those conducting the investigation or the place where such law enforcement officer reports for duty unless the officer consents in writing to being questioned elsewhere. ``(3) The law enforcement officer under investigation shall be informed, at the commencement of any questioning, of the name, rank, and command of the officer conducting the questioning. ``(4) During any single period of questioning of the law enforcement officer, all questions shall be asked by or through a single investigator. ``(5) The law enforcement officer under investigation shall be informed in writing of the nature of the investigation prior to any questioning. ``(6) Any questioning of a law enforcement officer in connection with an investigation shall be for a reasonable period of time and shall allow for reasonable periods for the rest and personal necessities of the law enforcement officer. ``(7) No threat against, harassment of, or promise or reward (except an officer of immunity from prosecution) to any law enforcement officer shall be made in connection with an investigation to induce the answering of any question. ``(8) All questioning of any law enforcement officer in connection with the investigation shall be recorded in full in writing or by electronic device, and a copy of the transcript shall be made available to the officer under investigation. ``(9) The law enforcement officer under investigation shall be entitled to the presence of counsel (or any other one person of the officer's choice) at any questioning of the officer, unless the officer consents in writing to being questioned outside the presence of counsel. ``(10) At the conclusion of the investigation, the person in charge of the investigation shall inform the law enforcement officer under investigation, in writing, of the investigative findings and any recommendation for disciplinary action that the person intends to make. ``(11) A law enforcement officer who brought before a disciplinary hearing shall be provided access to all transcripts, records, written statements, written reports and analyses and video tapes pertinent to the case that-- ``(A) contain exculpatory information; ``(B) are intended to support any disciplinary action; or ``(C) are to be introduced in the disciplinary hearing. ``(c) Opportunity for a Hearing.--(1) Except in a case of summary punishment or emergency suspension described in subsection (d), if an investigation of a law enforcement officer results in a recommendation of disciplinary action, the law enforcement agency shall notify the law enforcement officer that the officer is entitled to a hearing on the issues by a hearing officer or board. ``(2)(A) Subject to subparagraph (B), a State shall determine the composition of a disciplinary hearing board and the procedures for a disciplinary hearing. ``(B) A disciplinary hearing board that includes employees of the law enforcement agency of which the officer who is the subject of the hearing is a member shall include at least one law enforcement officer of equal or lesser rank to the officer who is the subject of the hearing. ``(3) A penalty greater than that which was recommended by the trial board cannot be imposed upon the officer. ``(d) Summary Punishment and Emergency Suspension.--(1) This section does not preclude a State from providing for summary punishment or emergency suspension for misconduct by a law enforcement officer. ``(2) An emergency suspension shall not affect or infringe on the health benefits of a law enforcement officer. ``(e) Notice of Disciplinary Action.--When disciplinary action is to be taken against a law enforcement officer, the officer shall be notified of the action and the reasons therefor a reasonable time before the action takes effect. ``(f) Retaliation for Exercising Rights.--There shall be no penalty or threat of penalty against a law enforcement officer for the exercise of the officer's rights under this section. ``(g) Other Remedies Not Impaired.--(1) Nothing in this section shall be construed to impair any other legal remedy that a law enforcement officer has with respect to any rights under this section. ``(2) A law enforcement officer may waive any of the rights guaranteed by this section. ``(h) Application of Section.--This section does not apply in the case of-- ``(1) an investigation of criminal conduct by a law enforcement officer; or ``(2) a nondisciplinary action taken in good faith on the basis of a law enforcement officer's employment-related performance. ``(i) Definitions.--For the purposes of this section-- ``(1) the term `disciplinary action' means the suspension, demotion, reduction in pay or other employment benefit, dismissal, transfer, or similar action taken against a law enforcement officer as punishment for misconduct; ``(2) the term `emergency suspension' means temporary action imposed by the head of the law enforcement agency when that official determines that the action is in the best interests of the public; ``(3) the term `summary punishment' means punishment imposed for a minor violation of a law enforcement agency's rules and regulations that does not result in disciplinary action; ``(4) the term `law enforcement agency' means a public agency charged by law with the duty to investigate crimes or apprehend or hold in custody persons charged with or convicted of crimes; and ``(5) the term `law enforcement officer' means a full-time police officer, sheriff, or correctional officer of a law enforcement agency. ``(j) Prohibition of Adverse Material in Officer's File.--A law enforcement agency shall not insert any adverse material into the file of any law enforcement officer unless the officer has had an opportunity to review and comment in writing on the adverse material. ``(k) Disclosure of Personal Assets.--A law enforcement officer shall not be required or requested to disclose any item of the officer's personal property, income, assets, sources of income, debts, personal or domestic expenditures (including those of any member of the officer's household), unless ``(1) the information is necessary in investigating a violation of any Federal, State, or local law, rule, or regulation with respect to the performance of official duties; or ``(2) such disclosure is required by Federal, State, or local law. ``(l) Enforcement of Protections for Law Enforcement Officers.--(1) A State shall have not more than 2 legislative sessions to enact a Law Enforcement Officers' Bill of Rights that provides rights for law enforcement officers that are substantially similar to the rights afforded under this section. ``(2) After the expiration of the time limit described in paragraph (1), a law enforcement officer shall have a cause of action in State court for the recovery of pecuniary and other damages and full reinstatement against a law enforcement agency that materially violates the rights afforded by this section. ``(3) The sovereign immunity of a State shall not apply in the case of a violation of the rights afforded by this section. ``(m) States' Rights.--This section does not preempt State law or collective bargaining agreements or discussions during the collective bargaining process that provide rights for law enforcement officers that are substantially similar to the rights afforded by this section.''.

Police Officers' Bill of Rights Act of 1994 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide that, except when on duty or acting in an official capacity, no law enforcement officer (officer) shall be prohibited from engaging in political activity or denied the right to refrain from engaging in such activity. Sets forth minimum standards that shall apply when an officer is under investigation or is subjected to questioning under circumstances that could lead to disciplinary action, including that: (1) questioning be conducted at a reasonable hour and take place at the offices of those conducting the investigation, with exceptions; (2) the officer under investigation be informed in writing of the nature of the investigation prior to questioning; (3) any questioning be for a reasonable period of time, allowing for reasonable periods for rest and personal necessities; (4) such questioning be recorded in full in writing or by electronic device, and a copy of the transcript be made available to the officer under investigation; and (5) the officer be entitled to the presence of counsel or other individual at the questioning. Requires the law enforcement agency to notify the officer that such officer is entitled to a hearing by a hearing officer or board, with exceptions for summary punishment or emergency suspension for misconduct. Specifies that an emergency suspension shall not affect the officer's health benefits. Sets forth provisions: (1) with respect to the composition of a disciplinary hearing board and procedures for a disciplinary hearing; and (2) limiting the penalty to that which was recommended by the trial board. Provides for notice of disciplinary action. Bars any penalty or threat of penalty against the officer for the exercise of rights under this Act. Prohibits: (1) a law enforcement agency from inserting any adverse material into the file of an officer unless such officer has had an opportunity to review and comment in writing on the adverse material; (2) requiring or requesting an officer to disclose personal property, income, assets, sources of income, debts, or expenditures (including those of any household member) unless the information is necessary in investigating a violation of law, rule, or regulation with respect to the performance of official duties, or where such disclosure is required by Federal, State, or local law; and (3) a State from having more than two legislative sessions to enact a Law Enforcement Officers' Bill of Rights that provides rights substantially similar to those afforded under this Act. Authorizes a cause of action in State court by the officer for recovery of damages and full reinstatement against a law enforcement agency that materially violates rights afforded under this Act. Specifies that the sovereign immunity of a State shall not apply in the case of a violation of such rights. Specifies that this Act does not preempt State law or collective bargaining agreements or discussions that provide rights for officers that are substantially similar to those afforded by this Act.

Police Officers' Bill of Rights Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Mobile Fairness Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Consumer use of mobile services has dramatically increased over the last 2 decades, with many consumers relying primarily or solely on a mobile device for voice, data, and Internet use. (2) Consumer disputes of mobile services agreements often involve small amounts in controversy. (3) Disputes involving small amounts in controversy are well-suited for class litigation, as class litigation allows a more efficient process than numerous similar individual actions, distributes the costs of litigation across a large pool of plaintiffs, and may present a stronger incentive for a defendant to cease or change harmful behavior. (4) Many contracts for mobile services contain clauses that require aggrieved consumers to waive their right to litigate as an individual or class and instead submit to binding arbitration of any future dispute. (5) Several States have found, through legislation or case law, that the clauses described in paragraph (4) are unconscionable or unenforceable when they bar class litigation. (6) On April 27, 2011, the Supreme Court, in its decision in AT&T Mobility, LLC v. Concepcion, 563 U.S. _, slip op. (2011), held that States must enforce mandatory binding arbitration clauses even if they bar class litigation. (7) The Concepcion decision restricts consumers' ability to resolve disputes against providers of mobile services. SEC. 3. ARBITRATION OF MOBILE SERVICE DISPUTES. (a) In General.--Title 9, United States Code, is amended by adding at the end the following: ``CHAPTER 4--ARBITRATION OF COMMERCIAL MOBILE SERVICE DISPUTES ``Sec. ``401. Definitions. ``402. Validity and enforceability. ``SEC. 401. DEFINITIONS. ``In this chapter-- ``(1) the term `commercial mobile service' has the same meaning as in section 332 of the Communications Act of 1934 (47 U.S.C. 332); ``(2) the term `covered individual' means an individual who acquires, or attempts to acquire, commercial mobile service for personal, family, or household use; ``(3) the term `mobile broadband Internet access service' means a retail service by wire or radio that provides the capability to transmit data and receive data from the Internet, including any capabilities that are incidental to and enable the operation of a communications service, that services end users primarily using mobile stations; ``(4) the term `mobile service' means commercial mobile service or mobile broadband Internet access service; and ``(5) the term `pre-dispute arbitration agreement' means any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement. ``SEC. 402. VALIDITY AND ENFORCEABILITY. ``(a) In General.--Notwithstanding any other provision of law, a predispute arbitration agreement between a covered individual and a provider of mobile service shall not be valid or enforceable. ``(b) Applicability.--An issue as to whether this chapter applies to an arbitration agreement shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing the agreement.''. (b) Technical and Conforming Amendments.-- (1) In general.--Title 9 of the United States Code is amended-- (A) in section 2, by inserting ``or as otherwise provided in chapter 4'' before the period at the end; (B) in section 208-- (i) in the section heading, by striking ``Chapter 1; residual application'' and inserting ``Application''; and (ii) by adding at the end the following: ``This chapter applies to the extent that this chapter is not in conflict with chapter 4.''; and (C) in section 307-- (i) in the section heading, by striking ``Chapter 1; residual application'' and inserting ``Application''; and (ii) by adding at the end the following: ``This chapter applies to the extent that this chapter is not in conflict with chapter 4.''. (2) Table of sections.-- (A) Chapter 2.--The table of sections for chapter 2 of title 9, United States Code, is amended by striking the item relating to section 208 and inserting the following: ``208. Application.''. (B) Chapter 3.--The table of sections for chapter 3 of title 9, United States Code, is amended by striking the item relating to section 307 and inserting the following: ``307. Application.''. (3) Table of chapters.--The table of chapters for title 9, United States Code, is amended by adding at the end the following: ``4. Arbitration of mobile service disputes................. 401''. SEC. 4. EFFECTIVE DATE. This Act, and the amendments made by this Act shall take effect on the date of enactment of this Act and shall apply with respect to any dispute or claim that arises on or after the date of enactment of this Act.

Consumer Mobile Fairness Act of 2011 - Renders invalid or unenforceable any pre-dispute arbitration agreement between an individual and a provider of commercial mobile service or mobile broadband Internet access service. Defines a "pre-dispute arbitration agreement" as an agreement to arbitrate a dispute that has not yet arisen at the time of the making of such agreement.

A bill to amend title 9 of the United States Code to prohibit mandatory arbitration clauses in contracts for mobile service.

. Section 301(a) of the Congressional Budget Act of 1974 (2 U.S.C. 631(a)) is amended-- (1) in paragraph (6), by-- (A) striking ``For'' and inserting ``for''; and (B) striking ``and'' after the semicolon; (2) in paragraph (7), by-- (A) striking ``For'' and inserting ``for''; and (B) striking the period; and (3) by adding after paragraph (7) the following: ``(8) calculations for the immediately preceding fiscal year of the impact of the resolution on the net present value of the Government's overall liabilities and commitments over-- ``(A) a 75-year horizon; and ``(B) an indefinite time horizon; as determined using the methodology of section 331(e)(3)(A)(i) of title 31, United States Code.''. SEC. 8. POINT OF ORDER ESTABLISHED AGAINST LEGISLATION ADVERSELY AFFECTING NET PRESENT VALUE OF GOVERNMENT'S OVERALL LIABILITIES AND COMMITMENTS. (a) Report.--Section 308(a)(1) of the Congressional Budget Act of 1974 (2 U.S.C. 639(a)(1)) is amended-- (1) in subparagraph (B), by striking ``and'' after the semicolon; (2) in subparagraph (C), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(D) calculations under current policies of the impact on the net present value of the Government's liabilities and commitments of any measure with an adverse impact greater than exceeds 0.25 percent of the present discounted value of all future payroll taxes over 75 years or an indefinite period as determined using the methodology of section 331(e)(3)(A)(i) of title 31, United States Code. The assumptions and details of the methods used in making this calculation shall be consistent with those utilized in the financial statement published under section 331(e) of title 31, United States Code, unless the responsible official or agency elects to make calculations based on other assumptions and methods for which a detailed explanation and rationale is presented.''. (b) Point of Order.--Section 312 of the Congressional Budget Act of 1974 (2 U.S.C. 643) is amended by adding at the end the following: ``(g) Negative Impact on Net Present Value of Government's Overall Liabilities and Commitments.--It shall not be in order in the House of Representatives or the Senate to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that changes direct spending or revenues that would, when considered together with any other legislation passed by that House or enacted prior to such consideration during that calendar year, cause an adverse impact on the net present value of the Government's overall liabilities and commitments incurred by that measure over 75 years or an indefinite time horizon that is greater than 1.25 percent of the present discounted value of all future payrolls. The calculation required by this subsection shall assume that the legislative measure subject to the point of order will be a permanent change in law and disregard any changes in the terms of the legislative measure and any formula or mechanism for adjustments in the recommendations beyond the date of enactment to the extent that such change, formula, or mechanism increases the net present value of the Government's overall liabilities or commitments over 75 years or an indefinite time horizon.''. (c) 60 Votes.--Section 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended-- (1) in subsection (c)(1), by inserting ``312(g),'' before ``313''; and (2) in subsection (d)(2), by inserting ``312(g),'' before ``313''. SEC. 9. TRUSTEES REPORT OF LIABILITIES. Section 201(c) of the Social Security Act (42 U.S.C. 401(c)) is amended by adding at the end the following: ``In such report the Trustees shall include a calculation of the present value of projected benefits to current participants, minus the present value of projected revenues from current participants and current trust fund balances (the Closed Group Unfunded Obligation), including all supplemental information required by Federal Financial Accounting Standard No. 17 Social Insurance. The report shall also include the net present value calculations related to the Trust Funds specified in section 3 and such other supplemental information as the Trustees deem appropriate. In the annual report and other public statements regarding Trust Fund solvency, the Trustees shall give prominence to the Closed Group Unfunded Obligation and also the annual change in the Closed Group Unfunded Obligation. To the extent that the annual performance of the Social Security system is consolidated into Federal budgetary aggregates reported by the Congressional Budget Office, the General Accounting Office, or the Office of Management and Budget, annual changes in the Closed Group Unfunded Obligation shall be included.''. SEC. 10. TREASURY DEPARTMENT ANALYSIS OF TAX PROVISIONS PRESENT VALUE. (a) Present Value.--Not later than 6 months after the date of enactment of this Act, the Secretary of Treasury shall analyze and report to Congress regarding the methodology and utility of preparing calculations of the net present value of specific provisions of the Internal Revenue Code of 1986 that defer tax liability or cause long- term revenue effects that are not captured in a cash flow estimate over 5 or 10 years. (b) Long-Term.--Not later than 12 months after the date of enactment of this Act, the President shall submit to Congress a calculation under current policies of the impact on the net present value of the Government's overall liabilities and commitments over 75 years and over an indefinite time horizon for current tax expenditures and any tax legislative recommendation included in the Budget of the United States that have an adverse impact greater than exceeds 1.25 percent of the present discounted value of all future payrolls over 75 years and over an indefinite time horizon. SEC. 11. BAR USE OF EXPEDITED PROCEDURES TO ENACT LEGISLATION THAT AGGRAVATES THE BUDGET DEFICIT OR REDUCES THE BUDGET SURPLUS. Section 310 of the Congressional Budget Act of 1974 (2 U.S.C. 641) is amended by adding at the end the following: ``(i) Limitation to Budget Enforcement.--It shall not be in order in the Senate or House of Representatives to consider any reconciliation bill or resolution reported pursuant to a concurrent resolution on the budget that increases the deficit or reduces the surplus for the budget year, for the total period of years covered by the concurrent resolution on the budget or that changes direct spending or revenues causing an adverse impact on the net present value of United States Government liabilities and commitments over 75 years or an indefinite time horizon.''. SEC. 12. REINSTATEMENT OF PAY-AS-YOU-GO ENFORCEMENT. (a) Statutory Enforcement.-- (1) In general.--Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902) is amended-- (A) in subsection (a), by striking ``enacted before September 30, 2002,''; (B) in subsection (b), by striking ``enacted before September 30, 2002,''; and (C) by adding at the end the following: ``(f) Declaration of War.--Notwithstanding any other provision of this Act, subsection shall apply in any fiscal year unless a declaration of war is in effect.''. (2) Pay-as-you-go adjustment.--Upon the enactment of this section, the Director of the Office of Management and Budget shall change any balance of direct spending and receipts legislation for fiscal year 2003 under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 to zero. (b) Pay-As-You-Go Rule in Congress.-- (1) Point of order.-- (A) In general.--It shall not be in order in the Senate or the House of Representatives to consider any direct spending or revenue legislation that would decrease the on-budget surplus, increase the on-budget deficit, or cause an on-budget deficit for any one of the three applicable time periods as measured in subparagraphs (E) and (F). (B) Applicable time periods.--For purposes of this paragraph the term ``applicable time period'' means any one of the three following periods: (i) The first year covered by the most recently adopted concurrent resolution on the budget. (ii) The period of the first five fiscal years covered by the most recently adopted concurrent resolution on the budget. (iii) The period of the five fiscal years following the first five fiscal years covered in the most recently adopted concurrent resolution on the budget. (C) Direct-spending legislation.--For purposes of this paragraph and except as provided in subparagraph (D), the term ``direct-spending legislation'' means any bill, joint resolution, amendment, motion, or conference report that affects direct spending as that term is defined by and interpreted for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. (D) Exclusion.--For purposes of this paragraph, the terms ``direct-spending legislation'' and ``revenue legislation'' do not include-- (i) any concurrent resolution on the budget; or (ii) any provision of legislation that affects the full funding of, and continuation of, the deposit insurance guarantee commitment in effect on the date of the enactment of the Budget Enforcement Act of 1990. (E) Baseline.--Calculations prepared pursuant to this paragraph shall-- (i) use the baseline used for the most recently adopted concurrent resolution on the budget; and (ii) be calculated under the requirements of subsections (b) through (d) of section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 for fiscal years beyond those covered by that concurrent resolution on the budget. (F) Prior surplus.--If direct spending or revenue legislation decreases the on-budget surplus, increases the on-budget deficit, or causes an on-budget deficit when taken individually, then it must also decrease the on-budget surplus, increase the on-budget deficit, or cause an on-budget deficit when taken together with all direct spending and revenue legislation enacted since the beginning of the calendar year not accounted for in the baseline under subparagraph (E)(i). (2) Waiver.--This subsection may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. (3) Appeals.--Appeals in the Senate from the decisions of the Chair relating to any provision of this subsection shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection. (4) Determination of budget levels.--For purposes of this subsection, the levels of new budget authority, outlays, and revenues for a fiscal year shall be determined on the basis of calculations made by the Committee on the Budget. (5) Declaration of war.--This subsection shall not apply in any fiscal year in which a declaration of war is in effect.

Honest Government Accounting Act of 2003 - Requires, in a current annual report from the Secretary of the Treasury to the President and Congress on the overall financial position of the U.S. Government, the preparation of a net present value calculation of all major Government liabilities and commitments, including outstanding debt held by the public and all social insurance entitlements such as Social Security and Medicare. Requires each calculation to: (1) be prepared for both a 75-year horizon and an indefinite time horizon; and (2) include the financial and demographic assumptions and details of the methods used in making the calculations. Mandates that if the total of debt held by the public added to the net present value calculation of the overall liabilities and commitments of the Government exceeds 1.25 percent of the present discounted value of all future payrolls no later than September 15, 2005, the President shall submit to Congress and the Commission on Long-Term Government Liabilities and Commitments (established herein) a plan to reduce that percentage to 1.25 or less. Establishes such Commission to make recommendations to the President and Congress for ensuring that such percentage is no greater than 1.25 percent as of September 11, 2011. Requires the President to report to Congress on any legislative recommendations included in the President's budget which have an adverse impact greater than 0.25 percent of the present discounted value of all future payrolls over 75 years or over an indefinite time horizon, as well as a plan to bring the percentage back to 1.25 by September 11, 2011. Amends the Congressional Budget Act to require budget resolutions to include calculations for the immediately preceding fiscal year of the impact of the resolution on the net present value of the Government's overall liabilities and commitments for both the 75-year and indefinite time horizon. Establishes a point of order against legislation that adversely affects the 1.25 percent by 0.25 percent or more. Directs the Secretary to analyze and report to Congress on the methodology and utility of preparing calculations of the net present value of specific provisions of the Internal Revenue Code that defer tax liability or cause long-term revenue effects that are not captured in a cash flow estimate over five or ten years. Bars the use of expedited procedures to enact legislation which has an adverse impact on the budget deficit or reduces the budget surplus. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to reinstate the "pay-as-you-go" budgetary requirements of such Act.

A bill to ensure that the Government fully accounts for both its explicit liabilities and implicit commitments and adopts fiscal and economic policies that enable it to finance and manage these liabilities and commitments, to honor commitments to the Baby Boom and subsequent generations with regard to social insurance programs, and to provide for the national defense, homeland security, and other critical governmental responsibilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Health Workers Act of 2002''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Chronic diseases, defined as any condition that requires regular medical attention or medication, are the leading cause of death and disability for women in the United States across racial and ethnic groups. (2) According to the National Vital Statistics Report of 2001, the 5 leading causes of death among Hispanic, American Indian, and African-American women are heart disease, cancer, diabetes, cerebrovascular disease, and unintentional injuries. (3) Unhealthy behaviors alone lead to more than 50 percent of premature deaths in the United States. (4) Poor diet, physical inactivity, tobacco use, and alcohol and drug abuse are the health risk behaviors that most often lead to disease, premature death, and disability, and are particularly prevalent among many groups of minority women. (5) Over 60 percent of Hispanic and African-American women are classified as overweight and over 30 percent are classified as obese. Over 60 percent of American Indian women are classified as obese. (6) American Indian women have the highest mortality rates related to alcohol and drug use of all women in the United States. (7) High poverty rates coupled with barriers to health preventive services and medical care contribute to racial and ethnic disparities in health factors, including premature death, life expectancy, risk factors associated with major diseases, and the extent and severity of illnesses. (8) There is increasing evidence that early life experiences are associated with adult chronic disease and that prevention and intervention services provided within the community and the home may lessen the impact of chronic outcomes, while strengthening families and communities. (9) Community health workers, who are primarily women, can be a critical component in conducting health promotion and disease prevention efforts in medically underserved populations. (10) Recognizing the difficult barriers confronting medically underserved communities (poverty, geographic isolation, language and cultural differences, lack of transportation, low literacy, and lack of access to services), community health workers are in a unique position to reduce preventable morbidity and mortality, improve the quality of life, and increase the utilization of available preventive health services for community members. (11) Research has shown that community health workers have been effective in significantly increasing screening and medical followup visits among residents with limited access or underutilization of health care services. (12) States on the United States-Mexico border have high percentages of impoverished and ethnic minority populations: border States accommodate 60 percent of the total Hispanic population and 23 percent of the total population below 200 percent poverty in the United States. SEC. 3. GRANTS TO PROMOTE POSITIVE HEALTH BEHAVIORS IN WOMEN. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399O. GRANTS TO PROMOTE POSITIVE HEALTH BEHAVIORS IN WOMEN. ``(a) Grants Authorized.--The Secretary, in collaboration with the Director of the Centers for Disease Control and Prevention and other Federal officials determined appropriate by the Secretary, is authorized to award grants to States or local or tribal units, to promote positive health behaviors for women in target populations, especially racial and ethnic minority women in medically underserved communities. ``(b) Use of Funds.--Grants awarded pursuant to subsection (a) may be used to support community health workers-- ``(1) to educate, guide, and provide outreach in a community setting regarding health problems prevalent among women and especially among racial and ethnic minority women; ``(2) to educate, guide, and provide experiential learning opportunities that target behavioral risk factors including-- ``(A) poor nutrition; ``(B) physical inactivity; ``(C) being overweight or obese; ``(D) tobacco use; ``(E) alcohol and substance use; ``(F) injury and violence; ``(G) risky sexual behavior; and ``(H) mental health problems; ``(3) to educate and guide regarding effective strategies to promote positive health behaviors within the family; ``(4) to educate and provide outreach regarding enrollment in health insurance including the State Children's Health Insurance Program under title XXI of the Social Security Act, medicare under title XVIII of such Act and medicaid under title XIX of such Act; ``(5) to promote community wellness and awareness; and ``(6) to educate and refer target populations to appropriate health care agencies and community-based programs and organizations in order to increase access to quality health care services, including preventive health services. ``(c) Application.-- ``(1) In general.--Each State or local or tribal unit (including federally recognized tribes and Alaska native villages) that desires to receive a grant under subsection (a) shall submit an application to the Secretary, at such time, in such manner, and accompanied by such additional information as the Secretary may require. ``(2) Contents.--Each application submitted pursuant to paragraph (1) shall-- ``(A) describe the activities for which assistance under this section is sought; ``(B) contain an assurance that with respect to each community health worker program receiving funds under the grant awarded, such program provides training and supervision to community health workers to enable such workers to provide authorized program services; ``(C) contain an assurance that the applicant will evaluate the effectiveness of community health worker programs receiving funds under the grant; ``(D) contain an assurance that each community health worker program receiving funds under the grant will provide services in the cultural context most appropriate for the individuals served by the program; ``(E) contain a plan to document and disseminate project description and results to other States and organizations as identified by the Secretary; and ``(F) describe plans to enhance the capacity of individuals to utilize health services and health- related social services under Federal, State, and local programs by-- ``(i) assisting individuals in establishing eligibility under the programs and in receiving the services or other benefits of the programs; and ``(ii) providing other services as the Secretary determines to be appropriate, that may include transportation and translation services. ``(d) Priority.--In awarding grants under subsection (a), the Secretary shall give priority to those applicants-- ``(1) who propose to target geographic areas-- ``(A) with a high percentage of residents who are eligible for health insurance but are uninsured or underinsured; ``(B) with a high percentage of families for whom English is not their primary language; and ``(C) that encompass the United States-Mexico border region; ``(2) with experience in providing health or health-related social services to individuals who are underserved with respect to such services; and ``(3) with documented community activity and experience with community health workers. ``(e) Collaboration With Academic Institutions.--The Secretary shall encourage community health worker programs receiving funds under this section to collaborate with academic institutions. Nothing in this section shall be construed to require such collaboration. ``(f) Quality Assurance and Cost-Effectiveness.--The Secretary shall establish guidelines for assuring the quality of the training and supervision of community health workers under the programs funded under this section and for assuring the cost-effectiveness of such programs. ``(g) Monitoring.--The Secretary shall monitor community health worker programs identified in approved applications and shall determine whether such programs are in compliance with the guidelines established under subsection (e). ``(h) Technical Assistance.--The Secretary may provide technical assistance to community health worker programs identified in approved applications with respect to planning, developing, and operating programs under the grant. ``(i) Report to Congress.-- ``(1) In general.--Not later than 4 years after the date on which the Secretary first awards grants under subsection (a), the Secretary shall submit to Congress a report regarding the grant project. ``(2) Contents.--The report required under paragraph (1) shall include the following: ``(A) A description of the programs for which grant funds were used. ``(B) The number of individuals served. ``(C) An evaluation of-- ``(i) the effectiveness of these programs; ``(ii) the cost of these programs; and ``(iii) the impact of the project on the health outcomes of the community residents. ``(D) Recommendations for sustaining the community health worker programs developed or assisted under this section. ``(E) Recommendations regarding training to enhance career opportunities for community health workers. ``(j) Definitions.--In this section: ``(1) Community health worker.--The term `community health worker' means an individual who promotes health or nutrition within the community in which the individual resides-- ``(A) by serving as a liaison between communities and health care agencies; ``(B) by providing guidance and social assistance to community residents; ``(C) by enhancing community residents' ability to effectively communicate with health care providers; ``(D) by providing culturally and linguistically appropriate health or nutrition education; ``(E) by advocating for individual and community health or nutrition needs; and ``(F) by providing referral and followup services. ``(2) Community setting.--The term `community setting' means a home or a community organization located in the neighborhood in which a participant resides. ``(3) Medically underserved community.--The term `medically underserved community' means a community identified by a State-- ``(A) that has a substantial number of individuals who are members of a medically underserved population, as defined by section 330(b)(3); and ``(B) a significant portion of which is a health professional shortage area as designated under section 332. ``(4) Support.--The term `support' means the provision of training, supervision, and materials needed to effectively deliver the services described in subsection (b), reimbursement for services, and other benefits. ``(5) Target population.--The term `target population' means women of reproductive age, regardless of their current childbearing status. ``(k) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2003, 2004, and 2005.''.

Community Health Workers Act of 2002 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants to promote positive health behaviors for women in target populations, especially racial and ethnic minorities in underserved communities.Permits the use of grant funds for the support of community health workers' education and outreach efforts concerning: (1) prevalent health problems; (2) learning opportunities targeting behavioral risk factors including poor nutrition, obesity, physical activity, and substance abuse; (3) health insurance enrollment, including the State Children's Health Insurance Program, Medicare, and Medicaid; and (4) health care agencies and community-based programs.Sets forth application procedures for State, local or tribal units, granting priority to experienced providers in geographic areas with high percentages of un-or under-insured families where English is the second language, and the U.S.-Mexico border region.Requires the Secretary to establish and monitor quality-control guidelines for community health workers.

A bill to amend the Public Health Service Act to provide grants to promote positive health behaviors in women.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Health Care Protection Act''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) Career members of the uniformed services and their families endure unique and extraordinary demands, and make extraordinary sacrifices, over the course of 20-year to 30-year careers in protecting freedom for all Americans. (2) The nature and extent of these demands and sacrifices are never so evident as in wartime, not only during the current Global War on Terrorism, but also during the wars of the last 60 years when current retired members of the Armed Forces were on continuous call to go in harm's way when and as needed. (3) The demands and sacrifices are such that few Americans are willing to bear or accept them for a multi-decade career. (4) A primary benefit of enduring the extraordinary sacrifices inherent in a military career is a range of extraordinary retirement benefits that a grateful Nation provides for those who choose to subordinate much of their personal life to the national interest for so many years. (5) Many private sector firms are curtailing health benefits and shifting significantly higher costs to their employees, and one effect of such curtailment is that retired members of the uniformed services are turning for health care services to the Department of Defense, and its TRICARE program, for the health care benefits in retirement that they earned by their service in uniform. (6) In some cases, civilian employers establish financial incentives for employees who are also eligible for participation in the TRICARE program to receive health care benefits under that program rather than under the health care benefits programs of such employers. (7) While the Department of Defense has made some efforts to contain increases in the cost of the TRICARE program, a large part of those efforts has been devoted to shifting a larger share of the costs of benefits under that program to retired members of the uniformed services. (8) The cumulative increase in enrollment fees, deductibles, and copayments being proposed by the Department of Defense for health care benefits under the TRICARE program far exceeds the 33-percent increase in military retired pay since such fees, deductibles, and copayments were first required on the part of retired members of the uniformed services 11 years ago. (9) Proposals of the Department of Defense for increases in the enrollment fees, deductibles, and copayments of retired members of the uniformed services who are participants in the TRICARE program fail to recognize adequately that such members paid the equivalent of enormous in-kind premiums for health care in retirement through their extended sacrifices by service in uniform. (10) Some of the Nation's health care providers refuse to accept participants in the TRICARE program as patients because that program pays them significantly less than commercial insurance programs, and imposes unique administrative requirements, for health care services. (11) The Department of Defense has chosen to count the accrual deposit to the Department of Defense Military Retiree Health Care Fund against the budget of the Department of Defense, contrary to the requirements of section 1116 of title 10, United States Code. (12) Senior officials of the Department of Defense leaders have reported to Congress that counting such deposits against the budget of the Department of Defense is impinging on other readiness needs of the Armed Forces, including weapons programs, an inappropriate situation which section 1116 of title 10, United States Code, was intended expressly to prevent. (b) Sense of Congress.--It is the sense of Congress that-- (1) the Department of Defense and the Nation have a committed obligation to provide health care benefits to retired members of the uniformed services that exceeds the obligation of corporate employers to provide health care benefits to their employees; (2) the Department of Defense has many additional options to constrain the growth of health care spending in ways that do not disadvantage retired members of the uniformed services who participate or seek to participate in the TRICARE program, and should pursue any and all such options rather than seeking large increases for enrollment fees, deductibles, and copayments for such retirees, and their families or survivors, who do participate in that program; (3) any percentage increase in fees, deductibles, and copayments that may be considered under the TRICARE program for retired members of the uniformed services and their families or survivors should not in any case exceed the percentage increase in military retired pay; and (4) any percentage increase in fees, deductibles, and copayments under the TRICARE program that may be considered for members of the uniformed services who are currently serving on active duty or in the Selected Reserve, and for the families of such members, should not exceed the percentage increase in basic pay for such members. SEC. 3. LIMITATIONS ON CERTAIN INCREASES IN HEALTH CARE COSTS FOR MEMBERS OF THE UNIFORMED SERVICES. (a) Pharmacy Benefits Program.--Section 1074g(a)(6) of title 10, United Stated Code, is amended by adding at the end the following new subparagraph: ``(C) The amount of any cost sharing requirements under this paragraph may not be increased in any year by a percentage that exceeds the percentage increase of the most recent increase in retired pay for members of the armed forces under section 1401a(b)(2) of this title. To the extent that such increase for any year is less than one dollar, the accumulated increase may be carried over from year to year, rounded to the nearest dollar.''. (b) Premiums for TRICARE Standard for Reserve Component Members Who Commit to Service in the Selected Reserve.--Section 1076d(d)(3) of such title is amended-- (1) by striking ``The monthly amount'' and inserting ``(A) Subject to subparagraph (B), the monthly amount''; and (2) by adding at the end the following new subparagraph: ``(B) Effective as of October 1, 2007, the percentage increase in the amount of the premium in effect for a month for TRICARE Standard coverage under this section may not exceed a percentage equal to the percentage of the most recent increase in the rate of basic pay authorized for members of the uniformed services for a year.''. (c) Copayments Under CHAMPUS.--Paragraph (3) of section 1086(b) of such title is amended in the first sentence by striking ``during the period beginning on April 1, 2006, and ending on September 30, 2007.'' and inserting ``after March 31, 2006''. (d) Prohibition on Enrollment Fees for Certain Persons Under CHAMPUS.--Section 1086(b) of such title is further amended by adding at the end the following new paragraph: ``(5) A person covered by subsection (c) may not be charged an enrollment fee for coverage under this section.''. (e) Automatic Enrollment for Certain Persons Under CHAMPUS.-- Section 1086(b) of such title is further amended by adding at the end the following new paragraph: ``(6) A person covered by subsection (c) shall not be subject to denial of claims for coverage under this section for failure to enroll for such coverage. To the extent enrollment may be required, enrollment shall be automatic for any such person filing a claim under this section.''. (f) Premiums and Other Charges Under TRICARE.--Section 1097(e) of such title is amended-- (1) by inserting ``(1)'' before ``The Secretary of Defense''; and (2) by adding at the end the following new paragraph: ``(2) Effective as of October 1, 2007, the percentage increase in the amount of any premium, deductible, copayment or other charge prescribed by the Secretary under this subsection may not exceed the percentage increase of the most recent increase in retired pay for members and former members of the armed forces under section 1041a(b)(2) of this title.''.

Military Health Care Protection Act - Expresses the sense of Congress that: (1) the Department of Defense (DOD) and the nation have a committed obligation to provide health benefits to retired military personnel that exceeds the obligation of corporate employers to their employees; (2) DOD has many additional options to constrain the growth of health care spending in ways that do not disadvantage retirees, and should pursue such options rather than seeking large fee increases for retirees and their dependents; and (3) any percentage increase in health care fees, deductibles, or copayments for retirees and their families, and for members of the Selected Reserve currently serving on active duty and their families, should not exceed the percentage increase in military retired pay or basic pay, respectively. Limits to the previous percentage increase in retired or basic pay the authorized annual fee increase under: (1) the DOD pharmacy benefits program; and (2) certain premiums and other charges under the TRICARE program (a DOD managed health care program). Prohibits: (1) charges for DOD inpatient care from exceeding $535 per day after March 31, 2006 (currently, during the period beginning on April 1, 2006, and ending on September 30, 2007); (2) charging an enrollment fee under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); and (3) a person from being denied a claim due to failure to enroll.

A bill to amend title 10, United States Code, to limit increases in the certain costs of health care services under the health care programs of the Department of Defense, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Contracting in Iraq Act of 2003''. SEC. 2. TRANSPARENCY IN CONTRACTING: NOTIFICATION TO CONGRESS. (a) Notification to Congress.--(1) The head of an executive agency that enters into a contract, or task or delivery order under a task or delivery order contract, in excess of $1,000,000 relating to activities in Iraq shall, within 7 days after entering into the contract or order, notify the chairman and ranking member of the committees described in subsection (b) that the contract or order has been entered into. (2) Upon request of the chairman or ranking member of a committee described in subsection (b), the head of an executive agency shall provide, within 14 days after receipt of the request, unredacted copies of any documents required to be maintained in the contracting office contract file, the contract administration office contract file, and the paying office contract file pursuant to subpart 4.8 of the Federal Acquisition Regulation, including-- (A) copies of the contract and all modifications; (B) orders issued under the contract; (C) justifications and approvals; (D) any government estimate of contract price; (E) source selection documentation; (F) cost or price analysis; (G) audit reports; (H) justification for type of contract; (I) authority for deviations from regulations, statutory requirements, or other restrictions; (J) bills, invoices, vouchers, and supporting documents; and (K) records of payments or receipts. (b) Committees.--The committees referred to in subsection (a) are the following: (1) The Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives. (2) The Committees on Appropriations of the Senate and House of Representatives. (3) Each committee that the head of the executive agency determines has legislative jurisdiction for the operations of the department or agency to which the contract, task or delivery order, or documents referred to in paragraph (1) or (2) of subsection (a) relates. SEC. 3. COMPETITION IN CONTRACTING FOR THE RECONSTRUCTION OF INFRASTRUCTURE IN IRAQ. (a) Requirements for Competition.--Notwithstanding any other provision of law, and subject to subsection (b), none of the funds appropriated by this Act to carry out sections 103 through 106 and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-2151d; 2346 et seq.) that are made available for assistance for Iraq may be used-- (1) to enter into any Federal contract (including any follow-on contract) through the use of procedures other than competitive procedures (as defined in section 4(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(5)); or (2) for a task or delivery order in excess of $1,000,000 issued under a task or delivery order contract unless such contract was awarded to two or more contractors, and such contractors have a fair opportunity to be considered for the task or delivery order. (b) Limitations.--(1) Subsection (a)(1) shall not apply in the case of a contract for which the Director of the Office of Management and Budget approves the use of procedures other than competitive procedures by reason of the application of paragraph (1), (2), (3), (4), (5), (6), or (7) under section 303(c) of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(c)). (2) Subsection (a)(2) shall not apply in the case of a task or delivery order contract for which the head of the executive agency concerned approves the application of paragraph (1), (2), (3) or (4) of section 303J(b) of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253j(b)) to such contract. (c) Applicability.--This section shall not apply to contracts entered into before October 1, 2003. SEC. 4. IRAQI INVOLVEMENT. (a) Plan.--The head of each executive agency entering into a contract relating to activities in Iraq shall develop a plan for minimizing costs to the Federal Government through the use of Iraqi firms. (b) Components of Plan.--(1) The plan shall require the head of each executive agency to assess, before entering into a contract relating to activities in Iraq, whether the use of Iraqi firms to carry out the contract could reduce the costs of such contract to the Federal Government. (2) The plan may provide for the waiver of otherwise applicable Federal procurement laws or regulations with respect to the contract if the head of the executive agency determines that such laws or regulations impede the ability of the executive agency to reduce the costs of such contract to the Federal Government through the use of Iraqi firms. (3) The plan shall ensure that all contracts with respect to which laws or regulations are waived pursuant to paragraph (2) are entered into using contracting procedures that are open, fair, accountable, and, to the maximum extent practicable, competitive. SEC. 5. LEGAL STATUS OF COALITION PROVISIONAL AUTHORITY FOR IRAQ. In this section: (1) The term ``executive agency'' has the meaning given such term in section 105 of title 5, United States Code. For purposes of the following provisions of law, the term includes the Coalition Provisional Authority for Iraq: (A) Procurement statutes, including chapters 137 and 141 of title 10, United States Code, title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), and the Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.). (B) Section 552 of title 5, United States Code (known as the Freedom of Information Act). (C) Financial management statutes requiring the preparation of audited financial statements, including section 3535 of title 31, United States Code. (2) The term ``Coalition Provisional Authority for Iraq'' means the entity charged by the President with directing reconstruction efforts in Iraq.

Clean Contracting in Iraq Act of 2003 - Requires the head of an executive agency that enters into a contract, or task or delivery order under a task or delivery order contract, in excess of $1 million relating to activities in Iraq to notify the chairman and ranking member of specified congressional committees and to provide the chairman and ranking member with listed contract documents upon request. Prohibits, with specified exceptions, the use of Iraq reconstruction funds appropriated by this Act: (1) to enter into any Federal contract through the use of procedures other than competitive procedures; or (2) for a task or delivery order in excess of $1 million unless the underlying task or delivery order contract was awarded to two or more contractors and such contractors have a fair opportunity to be considered for the order. Requires the head of each executive agency entering into a contract relating to activities in Iraq to develop a plan for minimizing costs to the Federal Government through the use of Iraqi firms. Includes the Coalition Provisional Authority for Iraq in the definition of "executive agency" for purposes of Federal procurement and financial management statutes and the Freedom of Information Act.

To require transparency, increased competition in contracting, and the increased use of Iraqi contractors in Iraq.

SECTION 1. MODIFIED TIMETABLE FOR INITIAL COMPLIANCE WITH ADMINISTRATIVE SIMPLIFICATION STANDARDS FOR HEALTH CARE INFORMATION. (a) In General.--Section 1175(b)(1) of the Social Security Act (42 U.S.C. 1320d-4(b)(1)) is amended to read as follows: ``(1) Initial compliance.-- ``(A) In general.--Each person to whom an initial standard or implementation specification adopted or established under section 1173 applies shall comply with the standard or specification by the later of-- ``(i) 24 months after the date on which the Secretary determines that-- ``(I) regulations have been promulgated in final form containing all of the standards and specifications required to be adopted or established by such section (excluding standards under subsection (b)(1) of such section (providing for unique health identifiers for individuals)); ``(II) regulations have been promulgated in final form implementing section 1176; and ``(III) standard unique health identifiers for each health plan and health care provider are available for use in the health care system pursuant to standards adopted under section 1173(b); or ``(ii) October 16, 2004. ``(B) Determination of finality.-- ``(i) In general.--The requirements of subclauses (I) and (II) of subparagraph (A)(i) shall be considered to be met if the regulations are promulgated and become effective in accordance with section 553 of title 5, United States Code. ``(ii) Modifications.--Nothing in subclause (I) or (II) of subparagraph (A)(i) shall be construed as requiring the Secretary to take into account any subsequent modification made to a regulation pursuant to section 1174(b) in making the determination that the regulation has been promulgated in final form.''. (b) Conforming Amendment.--Section 1175(b)(2) of the Social Security Act (42 U.S.C. 1320d-4(b)(2)) is amended by adding at the end ``For purposes of this paragraph, the Secretary shall determine the plans that qualify as small health plans.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect as if included in the enactment of section 262 of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 2021 et seq.). SEC. 2. NO EFFECT ON REGULATIONS GOVERNING PRIVACY OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION. Nothing in the amendments made by section 1, or in section 1175(b) of the Social Security Act (42 U.S.C. 1320d-4(b)), as amended by section 1, shall be construed as affecting-- (1) the compliance dates for initial implementation of the standards for privacy of individually identifiable health information set forth in section 164.534 of title 45, Code of Federal Regulations (as amended by the final rule published on February 26, 2001, in the Federal Register (66 Fed. Reg. 12433)); (2) any other provision of subpart E of part 164 of subchapter C of subtitle A of title 45, Code of Federal Regulations; (3) any provision of subpart A of part 164 of subchapter C of subtitle A of title 45, Code of Federal Regulations, insofar as such subpart affects the application of subpart E of such part; (4) any provision of part 160 of subchapter C of subtitle A of title 45, Code of Federal Regulations, insofar as such part affects the application of subpart E of part 164 of such subchapter; or (5) the authority of the Secretary of Health and Human Services under section 264 of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 2033 et seq.). SEC. 3. STUDY ON EFFECT OF ADMINISTRATIVE SIMPLIFICATION REQUIREMENTS. (a) In General.--The Comptroller General of the United States shall conduct a study to examine-- (1) the effect of the enactment of part C of title XI of the Social Security Act (42 U.S.C. 1320d et seq.), and the regulations promulgated under such part, on-- (A) health plans; (B) health care providers; (C) health care clearinghouses; and (D) the Department of Health and Human Services; and (2) the progress of such persons and entities in complying with such part and regulations. (b) Deadline.--Not later than October 31, 2003, the Comptroller General of the United States shall submit to the appropriate committees of the Congress a report on the study conducted under subsection (a). (c) Definitions.--For purposes of this section, the terms ``health plan'', ``health care provider'', and ``health care clearinghouse'' have the meaning given such terms in section 1171 of the Social Security Act (42 U.S.C. 1320d).

Amends part C (Administrative Simplification) of title XI of the Social Security Act to revise the deadline for initial compliance with standards for information transactions and data elements.

To modify the deadline for initial compliance with the standards and implementation specifications promulgated under section 1173 of the Social Security Act, and for other purposes.

SECTION 1. DEPENDENT CARE TAX CREDIT. (a) Dependent Care Services.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. DEPENDENT CARE SERVICES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual who maintains a household which includes as a member 1 or more qualifying individuals, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable percentage of the sum of-- ``(A) the employment-related expenses paid by such individual during the taxable year, plus ``(B) the respite care expenses paid by such individual during the taxable year. ``(2) Applicable percentage defined.-- ``(A) In general.--For purposes of paragraph (1), the term `applicable percentage' means 50 percent reduced (but not below 20 percent) by 1 percentage point for each full $1,000 amount by which the taxpayer's adjusted gross income for the taxable year exceeds $15,000. ``(B) Cost-of-living adjustment.-- ``(i) In general.--In the case of a taxable year beginning in a calendar year after 2004, subparagraph (A) shall be applied by increasing the $15,000 amount contained therein by the cost-of-living adjustment (as defined in section 1(f)(3)) for such calendar year determined by substituting 2003 for 1992 in subparagraph (B) of section 1(f)(3). ``(ii) Rounding.--If any increase determined under clause (i) is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10 (or if such increase is a multiple of $5, such increase shall be increased to the next highest multiple of $10). ``(b) Employment-Related Expenses.--For purposes of this section-- ``(1) Determination of eligible expenses.-- ``(A) In general.--The term `employment-related expenses' means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be gainfully employed for any period for which there are 1 or more qualifying individuals with respect to the taxpayer: ``(i) expenses for household services, and ``(ii) expenses for the care of a qualifying individual. Such term shall not include any amount paid for services outside the taxpayer's household at a camp where the qualifying individual stays overnight and shall not include any respite care expense taken into account under subsection (a). ``(B) Exception.--Employment-related expenses described in subparagraph (A) which are incurred for services outside the taxpayer's household shall be taken into account only if incurred for the care of-- ``(i) a qualifying individual described in subsection (d)(1), or ``(ii) a qualifying individual (not described in subsection (d)(1)) who regularly spends at least 8 hours each day in the taxpayer's household. ``(C) Dependent care centers.--Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if-- ``(i) such center complies with all applicable laws and regulations of a State or unit of local government, and ``(ii) the requirements of subparagraph (B) are met. ``(D) Dependent care center defined.--For purposes of this paragraph, the term `dependent care center' means any facility which-- ``(i) provides care for more than 6 individuals (other than individuals who reside at the facility), and ``(ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). ``(2) Dollar limit on amount creditable.-- ``(A) In general.--The amount of the employment- related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(i) $3,000 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or ``(ii) $6,000 if there are 2 or more qualifying individuals with respect to the taxpayer for such taxable year. The amount determined under clause (i) or (ii) (whichever is applicable) shall be reduced by the aggregate amount excludable from gross income under section 129 for the taxable year. ``(B) Reduction in limit for amount of respite care expenses.--The limitation of subparagraph (A) shall be reduced by the amount of the respite care expenses taken into account by the taxpayer under subsection (a) for the taxable year. ``(3) Earned income limitation.-- ``(A) In general.--Except as otherwise provided in this paragraph, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(i) in the case of an individual who is not married at the close of such year, such individual's earned income for such year, or ``(ii) in the case of an individual who is married at the close of such year, the lesser of such individual's earned income or the earned income of his spouse for such year. ``(B) Special rule for spouse who is a student or incapable of caring for himself.--In the case of a spouse who is a student or a qualified individual described in subsection (d)(3), for purposes of subparagraph (A), such spouse shall be deemed for each month during which such spouse is a full-time student at an educational institution, or is such a qualifying individual, to be gainfully employed and to have earned income of not less than-- ``(i) $250 if paragraph (2)(A)(i) applies for the taxable year, or ``(ii) $500 if paragraph (2)(A)(ii) applies for the taxable year. In the case of any husband and wife, this subparagraph shall apply with respect to only one spouse for any one month. ``(c) Respite Care Expenses.--For purposes of this section-- ``(1) In general.--The term `respite care expenses' means expenses paid (whether or not to enable the taxpayer to be gainfully employed) for-- ``(A) the care of a qualifying individual-- ``(i) who has attained the age of 13, or ``(ii) who is under the age of 13 but has a physical or mental impairment which results in the individual being incapable of caring for himself, during any period when such individual regularly spends at least 8 hours each day in the taxpayer's household, or ``(B) the care (for not more than 14 days during the calendar year) of a qualifying individual described in subparagraph (A) during any period during which the individual does not regularly spend at least 8 hours each day in the taxpayer's household. ``(2) Dollar limit.--The amount of the respite care expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(A) $1,200 if such expenses are incurred with respect to only 1 qualifying individual for the taxable year, or ``(B) $2,400 if such expenses are incurred for 2 or more qualifying individuals for such taxable year. ``(d) Qualifying Individual.--For purposes of this section, the term `qualifying individual' means-- ``(1) a dependent of the taxpayer who is under the age of 13 and with respect to whom the taxpayer is entitled to a deduction under section 151(c), ``(2) a dependent of the taxpayer who is physically or mentally incapable of caring for himself, or ``(3) the spouse of the taxpayer, if he is physically or mentally incapable of caring for himself. ``(e) Special Rules.--For purposes of this section-- ``(1) Maintaining household.--An individual shall be treated as maintaining a household for any period only if over half the cost of maintaining the household for such period is furnished by such individual (or, if such individual is married during such period, is furnished by such individual and his spouse). ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. ``(3) Marital status.--An individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. ``(4) Certain married individuals living apart.--If-- ``(A) an individual who is married and who files a separate return-- ``(i) maintains as his home a household that constitutes for more than one-half of the taxable year the principal place of abode of a qualifying individual, and ``(ii) furnishes over half the cost of maintaining such household during the taxable year, and ``(B) during the last 6 months of such taxable year such individual's spouse is not a member of such household, such individual shall not be considered as married. ``(5) Special dependency test in case of divorced parents, etc.--If-- ``(A) paragraph (2) or (4) of section 152(e) applies to any child with respect to any calendar year, and ``(B) such child is under the age of 13 or is physically or mentally incapable of caring for himself, in the case of any taxable year beginning in such calendar year, such child shall be treated as a qualifying individual with respect to the custodial parent (within the meaning of section 152(e)(1)), and shall not be treated as a qualifying individual with respect to the noncustodial parent. ``(6) Payments to related individuals.--No credit shall be allowed under subsection (a) for any amount paid by the taxpayer to an individual-- ``(A) with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or his spouse, or ``(B) who is a child of the taxpayer (within the meaning of section 151(c)(3)) who has not attained the age of 19 at the close of the taxable year. For purposes of this paragraph, the term `taxable year' means the taxable year of the taxpayer in which the service is performed. ``(7) Student.--The term `student' means an individual who during each of 5 calendar months during the taxable year is a full-time student at an educational organization. ``(8) Educational organization.--The term `educational organization' means an educational organization described in section 170(b)(1)(A)(ii). ``(9) Identifying information required with respect to service provider.--No credit shall be allowed under subsection (a) for any amount paid to any person unless-- ``(A) the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or ``(B) if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit. In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(10) Identifying information required with respect to qualifying individuals.--No credit shall be allowed under this section with respect to any qualifying individual unless the TIN of such individual is included on the return claiming the credit. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (b) Conforming Amendments.-- (1) Section 21 of such Code is repealed. (2) Section 23(f)(1) of such Code, section 35(g)(6) of such Code, and section 129(a)(2)(C) of such Code are each amended by striking ``section 21(e)'' and inserting ``section 36(e)''. (3) Section 129(b)(2) of such Code is amended by striking ``section 21(d)(2)'' and inserting ``section 36(b)(3)(B)''. (4) Section 129(e)(1) of such Code is amended by striking ``under section 21(b)(2) (relating to expenses for household and dependent care services necessary for gainful employment)'' and inserting ``or respite care services under section 36 (relating to dependent care services)''. (5) Section 213(e) of such Code is amended by striking ``section 21'' and inserting ``section 36''. (6) Section 6213(g)(2)(H) of such Code is amended by striking ``section 21 (related to expenses for household and dependent care services necessary for gainful employment)'' and inserting ``section 36 (relating to dependent care services)''. (7) Section 6213(g)(2)(L) of such Code is amended by striking ``section 21'' and inserting ``section 36''. (c) Technical Amendments.--(1) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36 and inserting the following: ``Sec. 36. Dependent care services. ``Sec. 37. Overpayments of tax.''. (2) The table of sections for subpart A of such part IV is amended by striking the item relating to section 21. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003.

Amends the Internal Revenue Code to repeal the nonrefundable income tax credit for employment-related dependent care expenses and replace it with a refundable 50 percent income tax credit, reduced (but not below 20 percent) as the taxpayer's adjusted gross income exceeds $15,000 (adjusted for inflation). Limits the dollar amount of such credit to $3,000 ($6,000 if two or more qualifying individuals). Includes within the scope of the new credit up to $1,200 ($2,400 if two or more qualifying individuals) of respite care expenses incurred for the taxpayer's spouse and dependents who are physically or mentally incapable of self-care.

A bill to amend the Internal Revenue Code of 1986 to make the dependent care credit refundable.

SECTION 1. ONE-YEAR ENROLLMENT OF LAND COVERED BY EXPIRING CONSERVATION RESERVE PROGRAM CONTRACTS. (a) Eligible Farm Lands.--This section applies with respect to a farm containing land covered by a conservation reserve program contract expiring during fiscal year 1997 if-- (1) the farm had a crop acreage base for wheat, oats, or barley at the time the conservation reserve program contract was executed; (2) the farm is located in an area in which fall-seeded crops are regularly planted, as determined by the Secretary of Agriculture; (3) the owner of the farm (or the operator with the consent of the owner) submitted, during the enrollment period that ended on March 28, 1997, an eligible bid to enroll all or part of the land covered by the expiring contract in the conservation reserve established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.); and (4) the land designated in the bid satisfies the eligibility criteria in effect for enrollment of land in the conservation reserve. (b) One-Year Enrollment Authorized.-- (1) Authority of owner or operator.--Except as provided in subsection (g), the owner or operator of a farm described in subsection (a) may enroll in the conservation reserve for a one-year term to begin on October 1, 1997, the land covered by the expiring conservation reserve program contract and included in the owner's or operator's enrollment bid (as described in subsection (a)(3)) if-- (A) the owner or operator notifies the Secretary in writing, during the special notification period required under paragraph (2), that the owner or operator desires to enroll the land in the conservation reserve for one year under this section; and (B) the Secretary does not accept, before October 1, 1997, the owner's or operator's enrollment bid (as described in subsection (a)(3)) to enroll the land in a long-term conservation reserve program contract. (2) Special notification period.--Promptly upon the enactment of this Act, the Secretary shall provide a special period for owners and operators of farms described in subsection (a) to permit the owners and operators to provide the notification required under paragraph (1)(A) to enter into one-year conservation reserve program contracts under this section. (c) Rental Rate.--The rental rate for a one-year conservation reserve program contract under subsection (b) shall be equal to the amount of the bid (as described in subsection (a)(3)) that the owner or operator submitted with respect to the land to be covered by the one- year contract. (d) Effect of One-Year Contract on Subsequent Enrollment.--If an owner or operator who enrolls eligible farm land in a one-year conservation reserve program contract under subsection (b) submits a bid to enroll the same land in the conservation reserve under a long- term conservation reserve program contract that would commence on October 1, 1998, and the Secretary accepts the bid and enters into a long-term conservation reserve program contract with the owner or operator, then the one-year contract shall be considered to be the first year of that long-term conservation reserve program contract. (e) Maximum Enrollment.--The maximum number of acres in the conservation reserve during fiscal year 1998, including land enrolled by the Secretary under one-year conservation reserve program contracts under subsection (b), may not exceed 30,000,000 acres. (f) Application of Conservation Reserve Laws.--Except as specifically provided in this section, the terms and conditions of subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) shall apply with respect to one-year conservation reserve program contracts authorized by this section. (g) Effect of Completion of 15th Enrollment.--If, as of the date of the enactment of this Act, the Secretary has already acted on the bids submitted during the enrollment period that ended on March 28, 1997, to enroll land in the conservation reserve, either by accepting or rejecting the bids, then the authority provided by this section for special one-year conservation reserve program contracts shall not take effect. SEC. 2. SPECIAL EARLY TERMINATION AUTHORITY FOR CERTAIN CONSERVATION RESERVE PROGRAM CONTRACTS EXPIRING IN 1997. (a) Early Termination Authority.--A farm owner or operator described in subsection (b) who is a party to a conservation reserve program contract expiring during fiscal year 1997 may terminate the contract at any time after June 30, 1997. Notwithstanding section 1235(e) of the Food Security Act of 1985 (16 U.S.C. 3835(e)), the termination shall take effect immediately upon submission of notice of the termination to the Secretary of Agriculture and shall not result in a reduction in the amount of the rental payment due under the conservation reserve program contract for fiscal year 1997. (b) Eligible Owners and Operators.--A farm owner or operator referred to in subsection (a) is a farm owner or operator with respect to whom one of the following circumstances apply: (1) Neither the owner, operator, nor any other eligible person submitted, during the enrollment period that ended on March 28, 1997, an eligible bid to enroll all or part of the land covered by the expiring conservation reserve program contract in the conservation reserve established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.). (2) An eligible bid was submitted during the enrollment period to enroll all or part of the land covered by the expiring contract in the conservation reserve, but the Secretary of Agriculture rejected the bid and the owner or operator did not notify the Secretary, in the manner provided in section 1(b), that the owner or operator desired a one-year contract under section 1. (c) Conservation Reserve Program Contract Defined.--In this section, the term ``conservation reserve program contract'' means a contract entered into under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) for enrollment of farm acreage in the conservation reserve established under such subchapter. Passed the House of Representatives April 29, 1997. Attest: ROBIN H. CARLE, Clerk.

Authorizes a one-year conservation reserve program (CRP) enrollment (to begin October 1, 1997) for land covered by a CRP contract expiring in FY 1997 if: (1) such land is eligible CRP land, had a wheat, oats, or barley crop acreage base, and is located in an area where fall-seeded crops are regularly planted; and (2) the owner submitted an enrollment bid during the March 28, 1997 enrollment period. States that: (1) such one-year enrollment shall be considered part of any subsequent long-term enrollment, but shall not take effect if the March 28, 1997 enrollment has been completed prior to enactment of this Act; and (2) the maximum FY 1998 CRP enrollment shall be 30 million acres. Authorizes specified owners or operators who did not bid for contract extensions to terminate an expiring FY 1997 CRP contract anytime after June 30, 1997, without any rental payment reduction.

To provide for a one-year enrollment in the conservation reserve of land covered by expiring conservation reserve program contracts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Diabetes Prevention Act of 2012''. SEC. 2. DIABETES PREVENTION UNDER THE MEDICARE PROGRAM. (a) Coverage of Diabetes Prevention Program Services.-- (1) Coverage of services.-- (A) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (i) in subparagraph (EE), by striking ``and'' after the semicolon at the end; (ii) in subparagraph (FF), by inserting ``and'' after the semicolon at the end; and (iii) by adding at the end the following new subparagraph: ``(GG) items and services furnished under a diabetes prevention program (as defined in subsection (iii)(1)) to an eligible diabetes prevention program individual (as defined in subsection (iii)(2));''. (B) Definitions.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Diabetes Prevention Program; Eligible Diabetes Prevention Program Individual; Qualified Diabetes Prevention Program Provider ``(iii)(1)(A) The term `diabetes prevention program' means a program that-- ``(i) meets the criteria described in subparagraph (B); and ``(ii) is furnished by a qualified diabetes prevention program provider (as defined in paragraph (3)(A)). ``(B) The Secretary shall establish the criteria for a diabetes prevention program. Such criteria shall be in accordance with the standards under the National Diabetes Prevention Program, as established by the Centers for Disease Control and Prevention, and shall require that the program complies with the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. In establishing such criteria, the Secretary may also consider other factors or clinical evidence as the Secretary determines appropriate. ``(C) Items and services furnished under a diabetes prevention program may be furnished in a community setting, as defined by the Secretary. ``(D) The Secretary shall establish procedures under which a qualified diabetes prevention program provider may contract with a diabetes prevention program delivery partner to furnish the items and services under a diabetes prevention program. For purposes of this subsection, the term `diabetes prevention program delivery partner' means an entity, including non-profit organizations, public and private hospitals, State and local departments of public health, and Federally qualified health centers, that meets criteria established by the Secretary. Such criteria shall be in accordance with the standards under the National Diabetes Prevention Program, as established by the Centers for Disease Control and Prevention. In establishing such criteria, the Secretary may also consider other factors or clinical evidence as the Secretary determines appropriate. ``(2)(A) The term `eligible diabetes prevention program individual' means an individual at risk for diabetes (as defined in subsection (yy)(2)) who would benefit from items and services under a diabetes prevention program, as determined based on criteria established by the Secretary. ``(B) The criteria established under subparagraph (A) shall be in accordance with the standards under the National Diabetes Prevention Program, as established by the Centers for Disease Control and Prevention. In establishing such criteria, the Secretary may also consider other factors or clinical evidence as the Secretary determines appropriate. ``(3)(A)(i) The term `qualified diabetes prevention program provider' means any entity, including a Federally qualified health center, that the Secretary determines-- ``(I) is appropriate to furnish items and services under a diabetes prevention program; and ``(II) meets criteria established by the Secretary, in consultation with the Centers for Disease Control and Prevention. ``(ii) A qualified diabetes prevention program provider may be, as determined appropriate by the Secretary, a supplier (as defined in subsection (d)), a provider of services (as defined in subsection (u)), a health insurance or services company, a community-based organization, or any other appropriate entity. ``(B) A qualified diabetes prevention program provider shall-- ``(i) furnish the items and services under the diabetes prevention program through a delivery partner (pursuant to paragraph (1)(D)) unless no such delivery partner is available; ``(ii) manage and track the outcomes of a diabetes prevention program (including attendance and weight loss of participating individuals) through defined systems, including outcomes of programs furnished under contract with a diabetes prevention program delivery partner as defined in paragraph (1)(D); ``(iii) implement business processes to manage program workflow, such as eligibility, reporting, claims billing, class scheduling, and enrollment; ``(iv) manage and verify billing accuracy and beneficiary eligibility (as described in paragraph (2)); ``(v) comply with applicable laws and regulations and ensure such compliance by a diabetes prevention program delivery partner; ``(vi) perform various forms of engagement with, and outreach to, eligible diabetes prevention program individuals, including those participating in programs furnished under contract with a diabetes prevention program delivery partner; ``(vii) comply with all program integrity requirements as established by the Secretary; and ``(viii) perform such other functions as established by the Secretary.''. (2) Amount of payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (Z)'' and inserting ``(Z)''; and (B) by inserting before the semicolon at the end the following: ``, and (AA) with respect to items and services furnished under a diabetes prevention program (as defined in section 1861(iii)(1)), the amount paid shall be 100 percent of (i) except as provided in clause (ii), the lesser of the actual charge for the items and services or the amount determined under the fee schedule that applies to such items and services under this part, as determined by the Secretary, and (ii) in the case of such items and services that are covered OPD services (as defined in subsection (t)(1)(B)), the amount determined under subsection (t)''. (3) Waiver of application of deductible.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (A) by striking ``and'' before ``(10)''; and (B) by inserting before the period the following: ``, and (11) such deductible shall not apply with respect to items and services under a diabetes prevention program (as defined in section 1861(iii)(1))''. (4) Assignment of claims.--Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clause: ``(vii) A qualified diabetes prevention program provider (as defined in section 1861(iii)(3)(A)).''. (5) Exclusion of items and services under a diabetes prevention program from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``items and services under a diabetes prevention program (as defined in section 1861(iii)(1)),'' after ``qualified psychologist services,''. (6) Inclusion in federally qualified health center services.--Section 1861(aa)(3) of the Social Security Act (42 U.S.C. 1395x(aa)(3)) is amended-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the comma at the end and inserting ``; and''; and (C) by adding after subparagraph (B) the following new subparagraph: ``(C) items and services under a diabetes prevention program (as defined in section 1861(iii)(1)),''. (7) Special consideration for the dual eligible population.--In implementing the amendments made by this subsection, the Secretary of Health and Human Services shall give special consideration to the needs of individuals who are dually eligible for benefits under the Medicare and Medicaid programs. (8) Evaluation and report to congress.-- (A) Evaluation.--The Secretary of Health and Human Services shall conduct an evaluation on the coverage of items and services under a diabetes prevention program under the Medicare program, as added by the amendments made by this subsection. Such evaluation shall include an analysis of-- (i) the impact of the provision of such coverage on Medicare beneficiaries, including the impact on various populations, such as individuals who are dually eligible for benefits under the Medicare and Medicaid programs, and the impact of the provision of such coverage on health disparities; (ii) the rate at which physicians refer eligible diabetes prevention program individuals to diabetes prevention programs under the Medicare program; (iii) Medicare beneficiary participation levels in diabetes prevention programs under the Medicare program and the awareness of Medicare beneficiaries of the benefit; (iv) the health outcomes resulting from completion of a diabetes prevention program under the Medicare program; (v) program integrity protections important to diabetes prevention programs under the Medicare program; and (vi) other areas determined appropriate by the Secretary. (B) Report.--Not later than January 1, 2018, the Secretary of Health and Human Services shall submit to Congress a report on the evaluation conducted under subparagraph (A), together with recommendations for such legislation and administrative actions as the Secretary determines appropriate. (9) Effective date.--The amendments made by paragraphs (1) through (6) shall apply with respect to services furnished on or after January 1, 2014. (b) Inclusion of Referral Rates to Diabetes Prevention Programs in the Medicare Physician Quality Reporting System.--Section 1848(k)(2)(C)(i) of the Social Security Act (42 U.S.C. 1395w- 4(k)(2)(C)(i)) is amended by adding at the end the following new sentence: ``For purposes of reporting data on quality measures for covered professional services furnished during 2017 and each subsequent year, the quality measures specified under this paragraph shall include a measure with respect to referrals of eligible diabetes prevention program individuals (as defined in paragraph (2) of section 1861(iii)) to diabetes prevention programs (as defined in paragraph (1) of such section).''. (c) Inclusion of Diabetes Risk Assessment in Medicare Personalized Prevention Plan.-- (1) In general.--Section 1861(hhh)(2)(C) of the Social Security Act (42 U.S.C. 1395x(hhh)(2)(C)) is amended by inserting before the period at the end the following: ``, and an assessment of whether the individual is an individual at risk for diabetes (as defined in subsection (yy)(2))''. (2) Effective date.--The amendments made by this subsection shall apply to personalized prevention plans created or updated on or after January 1, 2014. SEC. 3. FINDINGS; SENSE OF THE SENATE REGARDING DIABETES PREVENTION UNDER THE MEDICAID PROGRAM. (a) Findings.--Congress makes the following findings: (1) The prevalence and cost of diabetes is a significant concern for State Medicaid programs. By 2020, the Medicaid program is expected to cover 13,000,000 people with diabetes and about 9,000,000 people who may have pre-diabetes. By 2020, States will spend an estimated $83,000,000,000 on individuals with diabetes or pre-diabetes. (2) The National Diabetes Prevention Program, as established by the Centers for Disease Control and Prevention, has been proven to reduce the onset of diabetes in at-risk adults by 58 percent, using a cost-effective, community-based intervention. (b) Sense of the Senate.--It is the sense of the Senate that the National Diabetes Prevention Program presents an opportunity for States to reduce the incidence of diabetes among individuals enrolled in their Medicaid programs.

Medicare Diabetes Prevention Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act to cover items and services furnished under a diabetes prevention program to an eligible individual. Directs the Secretary of Health and Human Services (HHS) to establish criteria for a diabetes prevention program in accordance with the standards under the National Diabetes Prevention Program established by the Centers for Disease Control and Prevention (CDC). Expresses the sense of the Senate that the CDC's National Diabetes Prevention Program presents an opportunity for states to reduce the incidence of diabetes among individuals enrolled in their Medicaid programs.

A bill to amend title XVIII of the Social Security Act to reduce the incidence of diabetes among Medicare beneficiaries.

SECTION 1. FINDINGS. Congress finds the following: (1) Edwin Cole ``Ed'' Bearss was born June 26, 1923, in Billings, Montana, to Omar and Virginia Bearss. (2) During a 40-year career with the National Park Service, Mr. Bearss distinguished himself as one of America's preeminent historians, particularly in the field of the Civil War, not only through his work to preserve the places in which our nation's history was forged but also through his captivating interpretive storytelling about the people and events that shaped those places. (3) His own family traces its genealogy to the Mayflower on his mother's side and to 1636 on his father's side. (4) Mr. Bearss' lifelong love affair with the Civil War was kindled during his youth when he read a biography of Confederate cavalry commander J.E.B. Stuart. Even at an early age, Mr. Bearss demonstrated a knack for committing facts to memory, a skill that helped him win school contests in history, current events, and geography. (5) He graduated high school in May 1941 and the following year joined the U.S. Marine Corps, serving with the 3rd Marine Raider Battalion during the invasion of Guadalcanal and the Russell Islands. He was badly wounded in gunfire at ``Suicide Creek'', Cape Gloucester, New Britain, while serving with the 7th Regiment, 1st Marine Division. (6) Upon returning home, Mr. Bearss attended Georgetown University, obtaining a bachelor's degree in Foreign Service studies, and later attended Indiana University, earning a master's degree in history. (7) It was during a fortuitous visit to the Shiloh National Military Park in Tennessee, on a tour with the park historian, where the seeds were planted for Mr. Bearss' future career with the National Park Service. (8) In 1955, he landed a job as park historian at the National Battlefield Park in Vicksburg, Mississippi, where his research helped fill in missing pieces of Civil War history. None were more significant than the discovery of the U.S.S. Cairo, a long-lost Union ironclad gunboat sunk by Confederate submarine torpedoes in 1862 that was buried in the mud of the Yazoo River. Mr. Bearss later authored a book on the ``sinking and salvage'' of the ironclad. (9) It was during his tenure at Shiloh that he met his wife, Margie, a teacher who shared Mr. Bearss' love of history. They had three children, Sara, Cole, and Jenny. (10) Mr. Bearss became the National Park Service's chief historian in 1981. Following his retirement in 1994, he was recognized with the title Chief Historian Emeritus, a fitting title as his research and recounting of our nation's history continues to this day. (11) He still travels throughout the year to our nation's Civil War battlefields. He once said, ``You can't describe a battlefield unless you walk it.''. Anyone who has spent time with Mr. Bearss touring a battlefield, sometimes braving the elements, enthralled by his prodigious tales regards him as a National Treasure. His unique chronicling of our nation's history has been described as a ``transcendental experience'' of ``Homeric monologues'' punctuated by ``colorful, vivid images''. Mr. Bearss himself has been described as a cross between ``a good-natured platoon sergeant and Walter Cronkite''. He lectures with his eye closed, so he can ``see'' the history better, he once said. (12) Mr. Bearss has received multiple honors for his contributions to the preservation of our nation's history: the Harry S. Truman Award in 1961 for Meritorious Service in the field of Civil War history, Man of the Year at Vicksburg in 1963, inducted a member of the Company of Military Historians in 1964, the Nevins-Freeman Award from the Chicago Civil War Roundtable in 1980, the Department of the Interior's Distinguished Service Award in 1983, and a commendation from the Secretary of the Army in 1985. The Secretary of the Interior at the time, James Watt, called Mr. Bearss ``unquestionably the most productive historian in the history of the National Park Service''. (13) To this day, Mr. Bearss continues to tour the country visiting battlefields and Civil War organizations, keeping America's history fresh in the minds of future generations. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Edwin Cole ``Ed'' Bearss, in recognition of his contributions to preservation of American Civil War history and continued efforts to bring our nation's history alive for new generations through his interpretive storytelling. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 4. STATUS OF MEDALS. The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.

Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a Congressional Gold Medal to Edwin Cole "Ed" Bearss in recognition of his contributions to the preservation of American Civil War history and his continued efforts to bring our nation's history alive for new generations through his interpretive storytelling.

To award a Congressional Gold Medal to Edwin Cole "Ed" Bearss, in recognition of his contributions to preservation of American Civil War history and continued efforts to bring our nation's history alive for new generations through his interpretive storytelling.

s on the Budget.--Section 301(a) of the Congressional Budget Act of 1974 is amended by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively, and by inserting after paragraph (5) the following new paragraph: ``(6) the receipts, outlays, and surplus or deficit in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, combined, established by title II of the Social Security Act;''. (c) Super Majority Requirement.-- (1) Section 904(c)(1) of the Congressional Budget Act of 1974 is amended by inserting ``312(g),'' after ``310(d)(2),''. (2) Section 904(d)(2) of the Congressional Budget Act of 1974 is amended by inserting ``312(g),'' after ``310(d)(2),''. SEC. 5. PROTECTION OF MEDICARE. (a) Points of Order to Protect Medicare.-- (1) Section 301 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(j) Point of Order To Protect Medicare.-- ``(1) In general.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget (or amendment, motion, or conference report on the resolution) that would decrease the on-budget surplus for the total of the period of fiscal years 2000 through 2009 below the level of the medicare surplus reserve for those fiscal years as calculated in accordance with section 3(11). ``(2) Inapplicability.--This subsection shall not apply to legislation that-- ``(A) appropriates a portion of the medicare reserve for new amounts for prescription drug benefits under the medicare program as part of or subsequent to legislation extending the solvency of the Medicare Hospital Insurance Trust Fund; or ``(B) appropriates new amounts from the general fund to the Medicare Hospital Insurance Trust Fund.''. (2) Section 311(a) of the Congressional Budget Act of 1974 is amended by adding at the end the following: ``(4) Enforcement of the medicare surplus reserve.-- ``(A) In general.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that together with associated interest costs would decrease the on-budget surplus for the total of the period of fiscal years 2000 through 2009 below the level of the medicare surplus reserve for those fiscal years as calculated in accordance with section 3(11). ``(B) Inapplicability.--This paragraph shall not apply to legislation that-- ``(i) appropriates a portion of the medicare reserve for new amounts for prescription drug benefits under the medicare program as part of or subsequent to legislation extending the solvency of the Medicare Hospital Insurance Trust Fund; or ``(ii) appropriates new amounts from the general fund to the Medicare Hospital Insurance Trust Fund.''. (b) Definition.--Section 3 of the Congressional Budget Act of 1974 is amended by adding at the end the following: ``(11) The term `Medicare surplus reserve' means \1/3\ of any on-budget surplus for the total of the period of the fiscal years 2000 through 2009, as estimated by the Congressional Budget Office in the most recent initial report for a fiscal year pursuant to section 202(e).''. (c) Super Majority Requirement.-- (1) Section 904(c)(2) of the Congressional Budget Act of 1974 is amended by inserting ``301(j),'' after ``301(i),''. (2) Section 904(d)(3) of the Congressional Budget Act of 1974 is amended by inserting ``301(j),'' after ``301(i),''. SEC. 6. EXTENSION OF DISCRETIONARY SPENDING LIMITS. (a) Extension of Limits.--Section 215(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended, in the matter before subparagraph (A), by striking ``2002'' and inserting ``2014''. (b) Extension of Amounts.--Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking paragraphs (4), (5), (6), and (7), and inserting the following: ``(4) with respect to fiscal year 2000-- ``(A) for the discretionary category: $535,368,000,000 in new budget authority and $543,257,000,000 in outlays; ``(B) for the highway category: $24,574,000,000 in outlays; ``(C) for the mass transit category: $4,117,000,000 in outlays; and ``(D) for the violent crime reduction category: $4,500,000,000 in new budget authority and $5,564,000,000 in outlays; ``(5) with respect to fiscal year 2001-- ``(A) for the discretionary category: $573,004,000,000 in new budget authority and $564,931,000,000 in outlays; ``(B) for the highway category: $26,234,000,000 in outlays; and ``(C) for the mass transit category: $4,888,000,000 in outlays; ``(6) with respect to fiscal year 2002-- ``(A) for the discretionary category: $584,754,000,000 in new budget authority and $582,516,000,000 in outlays; ``(B) for the highway category: $26,655,000,000 in outlays; and ``(C) for the mass transit category: $5,384,000,000 in outlays; ``(7) with respect to fiscal year 2003-- ``(A) for the discretionary category: $590,800,000,000 in new budget authority and $587,642,000,000 in outlays; ``(B) for the highway category: $27,041,000,000 in outlays; and ``(C) for the mass transit category: $6,124,000,000 in outlays; ``(8) with respect to fiscal year 2004, for the discretionary category: $604,319,000,000 in the new budget authority and $634,039,000,000 in outlays; ``(9) with respect to fiscal year 2005, for the discretionary category: $616,496,000,000 in new budget authority and $653,530,000,000 in outlays; ``(10) with respect to fiscal year 2006, for the discretionary category: $630,722,000,000 in new budget authority and $671,530,000,000 in outlays; ``(11) with respect to fiscal year 2007, for the discretionary category: $644,525,000,000 in new budget authority and $687,532,000,000 in outlays; ``(12) with respect to fiscal year 2008, for the discretionary category: $663,611,000,000 in the new budget authority and $704,534,000,000 in outlays; and ``(13) with respect to fiscal year 2009, for the discretionary category: $678,019,000,000 in new budget authority and $721,215,000,000 in outlays; as adjusted in strict conformance with subsection (b). With respect to fiscal year 2010 and each fiscal year thereafter, the term `discretionary spending limit' means, for the discretionary category, the baseline amount calculated pursuant to the requirements of section 257(c), as adjusted in strict conformance with subsection(b).''. SEC. 7. EXTENSION AND CLARIFICATION OF PAY-AS-YOU-GO REQUIREMENT. Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in subsection (a), by striking ``October 1, 2002'' and inserting ``October 1, 2014'' and by inserting ``or decreases the surplus'' after ``increases the deficit''; (2)(A) in subsection (b)(1), by striking ``October 1, 2002'' and inserting ``October 1, 2014'' and by inserting ``or any net surplus decrease'' after ``any net deficit increase''; (B) in subsection (b)(2)-- (i) in the side heading, by inserting ``or surplus decrease'' after ``deficit increase''; (ii) in the matter before subparagraph (A), by inserting ``or surplus'' after ``deficit''; and (iii) in subparagraph (C), by inserting ``or surplus'' after ``net deficit''; and (C) in the heading of subsection (c), by inserting ``or Surplus'' after ``Deficit Increase''. SEC. 8. EXTENSION OF BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT. Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``September 30, 2002'' and inserting ``September 30, 2014'' and by striking ``September 30, 2006'' and inserting ``September 30, 2018''. SEC. 9 EXTENSION OF SOCIAL SECURITY FIREWALL IN CONGRESSIONAL BUDGET ACT. Section 904(e) of the Congressional Budget Act of 1974 is amended by striking ``September 30, 2002'' and inserting ``September 30, 2014''. SEC. 10. PROTECTION OF SOCIAL SECURITY INTEREST SAVINGS TRANSFERS. (a) Definition of Deficit and Surplus Under Budget Enforcement Act.--Section 250(c)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting ``surplus'' before ``and `deficit'''. (b) Reduction or Reversal of Social Security Transfers not To Be Counted As Pay-As-You-Go Offset.--Any legislation that would reduce, reverse, or repeal the transfers to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund made by section 201(n) of the Social Security Act (as added by section 3 of this Act) shall not be counted on the pay-as-you-go scorecard and shall not be included in any pay-as-you-go estimates made by the Congressional Budget Office of the Office or the Office of Management and Budget under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985. (c) Conforming Changes.--Section 252(d)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by-- (1) striking ``and'' at the end of subparagraph (A); (2) striking the period at the end of subparagraph (B) and inserting ``; and''; and (3) adding at the end the following new subparagraph: ``(C) provisions that reduce, reverse, or repeal transfers under section 201(n) of the Social Security Act.''. SEC. 11. CONFORMING CHANGES. (a) Reports.--Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in subsection (c)(3)-- (A) in subparagraph (A), by inserting ``or surplus'' after ``deficits''; (B) in subparagraph (B), by inserting ``or surplus'' after ``deficits''; and (C) in subparagraph (C) by inserting ``or surplus decrease'' after ``deficit increase''; (2) in subsection (f)(4), by inserting `'or surplus'' after ``deficit''; and (3) in subsection (f)(2)(A), by striking ``2002'' and inserting ``2009''. (b) Orders.--The first sentence of section 258A(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting ``or increase the surplus'' after ``deficit''. (c) Process.--Section 258(C)(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in paragraph (2), by inserting ``or surplus increase'' after ``deficit reduction''; (2) in paragraph (3), by inserting ``or increase in the surplus'' after ``reduction in the deficit''; and (3) in paragraph (4), by inserting ``or surplus increase'' after deficit reductions''.

Amends the Congressional Budget Act of 1974 to make it out of order in Congress to consider any budget resolution that would: (1) set forth an on-budget deficit for any fiscal year; or (2) decrease the on-budget surplus below a level of Medicare surplus reserve determined according to a certain formula, except for any portion of such reserve appropriated in new amounts for Medicare prescription drug benefits, or to the Medicare Hospital Insurance Trust Fund. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm- Rudman-Hollings Act) to extend: (1) discretionary spending limits in specified amounts; (2) the pay-as-you-go requirement; (3) the Act itself; and (4) the Social Security firewall. Declares that any legislation that would reduce, reverse, or repeal the transfers to the Trust Funds made by this Act shall not be counted on the pay-as-you-go scorecard and shall not be included in any pay- as-you-go estimates of the Congressional Budget Office or the Office of Management and Budget under the Gramm-Rudman-Hollings Act.

Strengthen Social Security and Medicare Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ocean Habitat Protection Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The fishes and other marine species that are associated with 3-dimensional structurally complex seafloor habitats within the exclusive economic zone of the United States-- (A) constitute valuable and renewable natural resources; (B) are an essential component of marine biodiversity; (C) contribute to the food supply, economy, and health of the United States; (D) support the economies of coastal communities; and (E) provide recreational opportunities. (2) Commercial and recreational fishing constitute major sources of employment and contribute significantly to the economy of the United States. (3) The United States is dependent upon healthy and diverse ocean ecosystems for income, nutrition, medicines, raw materials, and valuable natural processes. (4) Diverse types of sponges, deep-sea corals, and other species are found in marine habitats, many of which have not been adequately studied for their potential benefit to society or their ecological importance to fish species and other forms of marine life. (5) Habitat complexity and marine biodiversity created by geologic structures and structure-forming organisms on the seabed are essential to numerous fish species, including commercially and recreationally harvested species, that rely on them for food and shelter from predation. (6) Bottom trawling reduces habitat complexity and biological diversity by smoothing geologic bedforms and by removing, crushing, burying, and exposing benthic organisms to predators and scavengers. (7) The reduction of biodiversity caused by bottom trawling is detrimental to many commercially and recreationally important species and to the industries and people that depend on them. (8) In the past, the practice of bottom trawling was conducted mainly on soft bottom areas, and was rarely used in three-dimensional, structurally complex habitats. (9) Technological modifications to bottom trawls, including the creation of large rockhopper and roller gear and chafing gear, facilitate the use of bottom trawls in rocky and other complex marine habitats that were once refuges for fishes and other marine life. (10) The expansion in the use of bottom trawls from soft bottom areas to three-dimensional, structurally complex habitats over the past 20 years has had and continues to have significant, adverse effects on the diversity and habitat complexity of these areas. (11) Numerous scientific studies show that bottom trawling is especially damaging to three-dimensional, structurally complex habitats such as corals, boulder fields, sponge beds, and gravel bottoms. (12) Bottom trawling in these habitats significantly reduces their value for economically and ecologically important fishes and other marine life. Reductions in structural complexity may be long-term and irreversible. Recovery of some of these areas to their natural state after a single pass of a trawl may take decades or centuries. With repeated trawling in the same area, the damage may be irreversible. (13) Prohibiting the use of large rockhopper, roller, and other groundgear is a practical, precautionary, and enforceable measure to protect structurally complex, benthic marine habitats from the damaging effects of bottom trawling. SEC. 3. PROHIBITION ON USE OF LARGE ROCKHOPPER AND ROLLER GEAR ON BOTTOM TRAWL NETS. (a) Purpose.--The purpose of this section is to prevent bottom trawls from accessing and damaging three-dimensional, structurally complex marine habitats that are needed by commercially and recreationally important fishes and other marine life for food and shelter from predation. (b) Prohibition.--Section 307 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857) is amended-- (1) by striking ``or'' after the semicolon at the end of paragraph (1); (2) by striking the period at the end of paragraph (1)(P) and inserting ``; or''; and (3) by inserting after paragraph (1)(P) the following: ``(Q) to use a bottom trawl with rollers, bobbins, tires, rockhoppers, or any other devices attached to the foot rope of the trawl net that are in excess of 8 inches in diameter for fishing that is subject to the jurisdiction of the United States, including fishing by a vessel of the United States beyond the equivalent of the exclusive economic zone of all countries.''. (c) Rebuttable Presumption.--Section 310(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857) is amended by adding at the end the following: ``(4) For purposes of this Act, it shall be a rebuttable presumption that any vessel that is shoreward of the outer boundary of the exclusive economic zone or beyond the equivalent zone of all countries, and that has on board gear comprised of a trawl net with rollers, bobbins, tires, rockhoppers, or any other devices attached to the foot rope of the trawl net that are in excess of 8 inches in diameter, is engaged in fishing using such gear.''.

Ocean Habitat Protection Act - Places size limits on groundgear used on bottom trawls. Treats as unlawful the use of rollers, bobbins, tires, rockhoppers, or any other devices attached to a trawl's foot rope that are more than 8 inches in diameter for fishing subject to the jurisdiction of the United States.

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

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``State National Forest Management Act of 2015''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Definitions. Sec. 3. State selection of eligible portions of the National Forest System for acquisition and management. Sec. 4. Transition provisions during the exchange-transition period. Sec. 5. Transition provisions outside the transition period. Sec. 6. Miscellaneous duties of the parties and other provisions relating to the transfer. SEC. 2. DEFINITIONS. In this Act: (1) The term ``Commissioner'' means the head of the Department of Natural Resources of a State or comparable State agency. (2) The term ``eligible portions of the National Forest System'' means all right, title, and interest of the United States in and to the surface and subsurface lands and real property (including structures and facilities owned by the Forest Service) included as part of the National Forest System in a State. The term does not include Conservation System Units (as that term is defined in the Alaska National Interest Lands Conservation Act) and areas or national memorials protected by an Act of Congress. (3) The term ``Federal obligation''-- (A) means any obligation or duty of the Forest Service arising out of any lease, permit, license, contract, and other legal instruments issued by or with the Forest Service relating to eligible portions of the National Forest System; and (B) does not include any obligation with respect to a Federal law, regulation, or policy. (4) The term ``forest operations'' means the development of forest operating plans for eligible portions of the National Forest System acquired by a States, including the conduct of inventories of timber resources and the engineering of necessary access needed necessary for timber management and related management activities. (5) The term ``patent date'' means the last day of the selection-transition period. (6) The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (7) The term ``selection date'' means the date on which a State elects to acquire eligible portions of the National Forest System and notifies the Secretary of such election under section 3(a). (8) The term ``selection-transition period'' means the period beginning on the selection date and ending no more than one year thereafter, on the patent date. (9) The term ``State'' means each of the several States and the Commonwealth of Puerto Rico. (10) The term ``State forest practices law'' means a forest practices law applicable to State or privately owned forest land in a State, including established silvicultural best management practices or other regulations for forest management practices related to clean water, soil quality, wildlife or forest health. (11) The term ``State obligation'' means any obligation or duty of the State arising out of any lease, permit, license, contract and other legal instruments issued by or with the State relating to the selected lands under this Act. SEC. 3. STATE SELECTION OF ELIGIBLE PORTIONS OF THE NATIONAL FOREST SYSTEM FOR ACQUISITION AND MANAGEMENT. (a) Selection Authorized; Conveyance Required.--During the 10-year period beginning on the date of the enactment of this Act, if a State elects pursuant to subsection (b) to select and acquire eligible portions of the National Forest System in that State under the terms and conditions of this Act and notifies the Secretary of such selection, then the Secretary shall convey the eligible portions of the National Forest System so selected to the State in accordance with subsection (d). All conveyances shall be subject to valid existing rights. (b) Form of Election.--The election by a State to select and acquire eligible portions of the National Forest System in that State pursuant to subsection (a) shall be executed in the form of a bill enacted into law by the legislature of that State. Such a law shall provide, at a minimum, the following: (1) That the State elects to acquire eligible portions of the National Forest System in that State-- (A) pursuant to purchase for fair-market value; (B) in exchange for State lands of equal value; (C) in satisfaction of land selection rights pursuant to the law by which the State was admitted to the Union; or (D) any combination of the preceding paragraphs. (2) Identifies the eligible portions of the National Forest System to be acquired and the method by which the State will acquire the land. (3) Acceptance by the State that acquisition of the identified eligible portions of the National Forest System is subject to valid existing rights. (4) Acceptance by the State of the procedures specified in this Act and the transition provisions of this Act. (5) In the case of the State of Alaska, acceptance by the State of the rights and obligations of the United States under the Alaska Native Claims Settlement Act with respect to acquired lands, rights in such lands, and use of lands acquired by that State shall not be infringed by that State. (6) Specification that up to 50 percent of the annual harvest of timber from eligible portions of the National Forest System to be acquired shall be offered in at least 10-year contracts, and timber sales shall, to the maximum extent practicable, provide sufficient volume to meet the needs of all wood processing operations existing in that State as of the date of the enactment of this Act, and forest operations shall be performed in compliance with the State forest practices law. (7) Acceptance by the State that eligible portions of the National Forest System open to mineral entry under the general mining laws of the United States shall remain open to mineral entry under State law unless subsequently changed by a State mineral closing order. (c) Multiple State Laws; Acreage Limitation.--During the selection period specified in subsection (a), a State may enact more than one law to select and acquire eligible portions of the National Forest System in that State, except that the total quantity of National Forest System land acquired by the State under this Act may not exceed 2,000,000 acres. (d) Procedure.--Beginning on the selection date for a State's acquisition of eligible portions of the National Forest System in that State, the Secretary shall prepare patents conveying the National Forest System lands selected by the State and shall convey such patents to the State on the patent date. The duty of the Secretary to prepare and convey such patents under this Act shall be purely ministerial and conveyance of the patent on the patent date shall not be withheld or conditioned by any other provision of law except as provided herein. The United States Supreme Court shall have exclusive jurisdiction to issue such writs and compel such actions as may be necessary to accomplish the conveyance made under this Act. (e) Other Property.--Beginning on the selection date for a State's acquisition of eligible portions of the National Forest System in that State, in addition to other conveyances made under this Act, the Secretary shall convey the right and title to and interest of the United States in all other types of property (including real and personal property) used for purposes of operating, administering, and managing the acquired National Forest System land in that State. Such property shall be transferred on the patent date and include only that property which is owned by the United States and used by the Forest Service primarily on the eligible portions of the National Forest System selected by the State. (f) Other Uses.--Beginning on the selection date and concurrent with the selection and conveyance of the National Forest System lands and property under this Act, the Secretary shall transfer all existing special use permits related to the acquired National Forest System lands and property to the State. SEC. 4. TRANSITION PROVISIONS DURING THE EXCHANGE-TRANSITION PERIOD. (a) Existing Obligations of the United States.--The United States shall remain obligated for all Federal obligations incurred prior to the patent date. (b) Employees.--During the selection-transition period, to the extent practicable, the State shall interview each person employed by the Forest Service on the date of the enactment of this Act whose employment is made redundant by this Act for purposes of reemployment by the State in a comparable job within the new State administrative system for the National Forest System lands acquired by the State under this Act. Employees who do not secure employment with the State shall have the option of placement in an equivalent position available within the Federal Government. (c) Management Pending Conveyance.--During the selection-transition period and until the patent date, except as provided otherwise under this Act, eligible portions of the National Forest System not yet patented to the State under this Act shall be administered and managed under applicable Federal law and land management plans. (d) Transfer of Certain Receipts.--Receipts from all rentals or sales occurring on eligible portions of the National Forest System selected by a State during the selection-transition period shall be kept in escrow and transferred to the State on the patent date. SEC. 5. TRANSITION PROVISIONS OUTSIDE THE TRANSITION PERIOD. (a) Management of Selected Lands.--Beginning on the patent date, eligible portions of the National Forest System conveyed to a State under this Act shall be administered and managed primarily for timber production pursuant to the State forest practices law, except as otherwise provided in this Act for the period provided by this Act. (b) Land Designations.--Land use designations in effect on the date of the enactment of this Act for eligible portions of the National Forest System conveyed to a State under this Act under the applicable land management plan shall continue in effect until the patent date. (c) Subsistence Use After the Selection Date.--In the case of eligible portions of the National Forest System in the State of Alaska, the Secretary of the Interior shall retain continuing authority to manage subsistence uses of fish and wildlife on National Forest System lands conveyed under this Act until the patent date. (d) Access.-- (1) Easements.--The Secretary, in accordance with the applicable forest transportation plan for a unit of the National Forest System and any transportation plan of the State, shall provide access in the form of easements across lands owned by the United States to and from eligible portions of the National Forest System conveyed to the State. The duty of the Secretary to deliver patents for such easements shall be purely ministerial and shall not be withheld or conditioned by any other provision of law. The Secretary shall enter into agreements with the Commissioner for the purpose of sharing the costs of common use roads. (2) State duty.--Following the patent date, a State shall issue easements to the United States for reasonable access across acquired eligible portions of the National Forest System in the manner provided in paragraph (1). (e) Mining Claims.-- (1) In general.--Federal mining claims located pursuant to the General Mining Law of 1872 (30 U.S.C. 22 et seq.) on eligible portions of the National Forest System before the selection date shall remain subject to the laws, rules, regulations, and policies of the United States, but such laws, rules, regulations, and policies shall be administered by the State. The right and ability of a claimholder to patent such a mining claim and enjoy reasonable access to the claim shall not be infringed. An application to patent a Federal mining claim located on eligible portions of the National Forest System may be made by the claimholder with the State and shall constitute an election by the claim holder to be subject to Federal mining claim patent procedures administered by the State. (2) Escrow and subsequent transfer.--During the selection- transition period, the Federal Government shall escrow all fees and revenues, if any, due on Federal mining claims on eligible portions of the National Forest System and on the patent date transfer those receipts to the State on the patent date to the account established by the State for purposes of the law specified in section 3(b)(7). (3) State duty.--Any mining claims filed on eligible portions of the National Forest System in a State after the selection date shall be subject only to the laws of the State. (f) Transfer of Other Receipts.--Beginning with the fiscal year of a State after the patent date, escrowed fees and fees from all existing and future issued special use permits and all other land management receipts on eligible portions of the National Forest System conveyed to the State under this Act, net of reasonable cost of administration, shall be transferred to the State. (g) Existing Obligations After Patent Date.--On the patent date, a State shall assume all Federal obligations and duties and receive all rights of the Forest Service, except that the State shall assume no obligation for any claim for damages or specific performance relating to a contract or permit, if such claim arose before the patent date, unless the State receives the benefit from such an obligation. SEC. 6. MISCELLANEOUS DUTIES OF THE PARTIES AND OTHER PROVISIONS RELATING TO THE TRANSFER. (a) Hazardous Materials.--As promptly as practicable after the date of the enactment of this Act, the Secretary shall make available to a State for review and inspection, all pertinent records relating to hazardous materials, if any, on eligible portions of the National Forest System available for selection under this Act. The responsibility for costs of remedial action related to such materials shall be borne by those entities responsible under existing law. If no party responsible for the hazardous materials can be determined, remediation responsibility and all costs shall remain with the Secretary and remediation as agreed to by the Commissioner shall be initiated as soon as practical after the patent date. (b) Judicial Review.--Selection of land pursuant to this Act shall not be subject to judicial review in any court of the United States, except-- (1) to the extent a right of judicial review is conferred specifically by the United States Constitution; (2) otherwise conferred by this Act; or (3) when sought by the State on matters pertaining to rights conferred by this Act. (c) Rulemaking.--No formal rules under section 553 of title 5, United States Code, are required to implement this Act. (d) Survey.--The patent for and use of eligible portions of the National Forest System conveyed to a State pursuant to this Act shall not be subject to completion of a field survey and may be issued based on a protraction survey. However, the Secretary shall complete a field survey following patent. (e) Encumbrances.--For purposes of an orderly transfer of eligible portions of the National Forest System to State ownership and transition to State management, the Secretary shall provide a list of encumbrances and uses of record and otherwise known on the selected lands to the Commissioner during the selection-transition period. The lands selected under this Act shall be subject to all existing encumbrances.

State National Forest Management Act of 2015 This bill directs the Department of Agriculture, through the Forest Service, to convey to a state up to 2 million acres of eligible portions of the National Forest System (NFS) in it that it elects to acquire through enactment by the state legislature of a bill meeting certain criteria. Portions of the NFS conveyed to a state shall be administered and managed primarily for timber production.

State National Forest Management Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nigerian Advance Fee Fraud Prevention Act of 1998''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Nigerian advance fee fraud, known internationally as ``4-1-9'' fraud after the section of the Nigerian penal code which addresses fraud schemes, has reached epidemic proportions. (2) Such frauds generally involve a company or individual that receives an unsolicited letter from a Nigerian claiming to be a senior civil servant of the Nigerian Government, usually from the Nigerian National Petroleum Corporation. (3) The Nigerian perpetrator of the fraud explains that the entity of the Nigerian Government concerned is seeking a reputable foreign company or individual to use its account to deposit funds ranging from $10,000,000 to $60,000,000, which the Nigerian Government overpaid on a contract. (4) The intended victims of such frauds are typically asked to provide company letterhead and bank account information which they are told will be used to show completion of the contract. (5) The victim's letterhead is actually used to forge letters to other prospective victims and to forge letters of recommendation for travel visas from the United States Embassy in Lagos, Nigeria. (6) Victims of such frauds are pressured to send money for unforeseen taxes, fees to the Nigerian Government, and attorney fees. (7) Victims of such frauds are requested to travel to Nigeria to complete the fraudulent transaction, and are told a visa is not necessary to enter the country. (8) The perpetrators of such frauds often bribe airport officials to bypass a victim of such fraud through immigration, and use the victim's illegal entry into the country as leverage to coerce the victim into releasing more funds to the perpetrators. (9) Violence and threats of physical harm have also been used to pressure victims of such frauds. (10) 15 foreign businessmen, including 2 United States citizens, have been murdered after traveling to Nigeria in pursuit of a 4-1-9 scam. (11) Financial losses incurred by United States citizens and reported to the United States Secret Service exceed $100,000,000. (12) The money derived from these schemes is often used to fund other illegal activities, including drug trafficking and violent crimes. (13) The United States Secret Service has established ``Operation 4-1-9'', which is designed to target these schemes, and the Secret Service receives over 100 telephone calls and 300 to 500 pieces of mail from victims of such schemes every day. (14) Perpetrators of 4-1-9 frauds are rarely prosecuted or jailed by the Nigerian Government, and money lost is rarely recovered. (15) The Nigerian Government is suspected of playing a role in these schemes, at least insofar as it has not made any serious efforts to curb the schemes, enforce its own laws against the schemes, or apprehend and prosecute the perpetrators. SEC. 3. EFFORTS TO END THE NIGERIAN ADVANCE FEE FRAUD. (a) Sense of Congress.--It is the sense of the Congress that-- (1) the United States should work with the international community to ensure the prosecution of Nigerian scam artists involved in the advance fee frauds described in section 2; and (2) the United States should take all steps necessary to educate the public about such advance fee fraud, and to prevent future occurrences of such fraud. (b) Reports to Congress.--Not later than 1 year after the date of the enactment of this Act, the Secretary of State and the Secretary of the Treasury shall jointly submit to the Congress a report which includes the following information: (1) Actions undertaken by the Nigerian Government to cooperate with international officials in apprehending and extraditing persons responsible for committing advance fee fraud described in section 2 and preventing future occurrences of such fraud. (2) Efforts undertaken to inform United States citizens about such advance fee fraud. (3) Efforts undertaken to ensure the coordination of activities by the United States Government relating to such fraud. (4) Efforts undertaken to work with the international community to combat such fraud and apprehend the perpetrators. (5) Other measures being undertaken, and which will be undertaken, to ensure and promote an end to such advance fee fraud, including the imposition of economic and other sanctions on the Government of Nigeria.

Nigerian Advance Fee Fraud Prevention Act of 1998 - Expresses the sense of the Congress that the United States should: (1) work with the international community to ensure the prosecution of Nigerian scam artists involved in the advance fee frauds scheme (also known as 4-1-9 fraud); and (2) take all steps necessary to educate the public about the scheme, and prevent future occurrences. Directs the Secretaries of State and of the Treasury to report jointly to the Congress on efforts taken to inform U.S. citizens about 4-1-9 fraud and measures to eliminate it.

Nigerian Advance Fee Fraud Prevention Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop the Regulation Invasion Please Act of 2011'' or ``STRIP Act of 2011''. SEC. 2. MORATORIUM ON REGULATIONS. Except as provided in section 3, a Federal agency may not take any regulatory rulemaking action until the end of the moratorium period. SEC. 3. EMERGENCY EXCEPTIONS; EXCLUSIONS. (a) Emergency Exception.--Section 2 shall not apply to a regulatory rulemaking action, and section 5(d) shall not apply to a rule, if-- (1) the head of a Federal agency otherwise authorized to take the action submits a written request to the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget and submits a copy of such request to the Congress; (2) the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget finds in writing that a waiver for the action or rule is-- (A) necessary because of an imminent threat to health or safety or other emergency; or (B) necessary for the enforcement of criminal laws; and (3) the head of the Federal agency publishes the finding and waiver in the Federal Register. (b) Exclusions.--The head of an agency shall publish in the Federal Register any action excluded because of a certification under section 6(4)(B). (c) Civil Rights Exception.--Section 2 shall not apply to a regulatory rulemaking action, and section 5(d) shall not apply to a rule, to establish or enforce any statutory rights against discrimination on the basis of age, race, religion, gender, national origin, or handicapped or disability status except such rulemaking actions or rules that establish, lead to, or otherwise rely on the use of a quota or preference based on age, race, religion, gender, national origin, or handicapped or disability status. SEC. 4. REVIEW OF RULES. (a) Review and Report Required.--Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall-- (1) conduct a review of each rule that became effective after October 1, 1991, and is in effect as of the date of the enactment of this Act; and (2) submit to Congress and make available to the public a report on such review. (b) Matters Covered.--The report under subsection (a) shall include the following: (1) An estimate of the total annual costs and benefits (including quantifiable and nonquantifiable effects) of each rule covered by the review, to the extent feasible. (2) A recommendation whether each rule should continue and, where applicable, recommendations for reform of a rule. (3) The total number of minor and major rules that became effective after October 1, 1991, and are in effect as of the date of the enactment of this Act. (c) Uniform Standard.--The Director of Office of Management and Budget shall apply a uniform standard for figures and cost summaries in the report required under subsection (a). SEC. 5. SUNSET PREVENTION PROCEEDINGS. (a) Designation of Federal Agency Regulatory Review Officer.--The head of each Federal agency shall designate an officer of the agency as the ``Regulatory Review Officer'' who shall be responsible for testifying before a committee of the House of Representatives or the Senate with regard to a request to prevent the repeal of a rule under subsection (c). (b) Request for Committee Hearing.--The Regulatory Review Officer may submit a request for a hearing, with regard to a rule reviewed under section 4, to the relevant committee of jurisdiction in the House of Representatives and the Senate 60 days after the report is submitted pursuant to section 4(a)(2). (c) Request To Prevent Repeal of a Rule.--During a hearing described in subsection (b), the Regulatory Review Officer may request that a rule not be repealed. Such request shall include a description of the report submitted pursuant to section 4(a)(2), with respect to such rule. (d) Repeal of Rules.--Except as provided in section 3, one year after the date of the enactment of this Act, all rules shall be repealed, unless otherwise specifically authorized by law and enacted after the date of the enactment of this Act. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Federal agency.--The term ``Federal agency'' means any agency as that term is defined in section 551(1) of title 5, United States Code. (2) Major rule.--The term ``major rule'' has the meaning given that term in section 804 of title 5, United States Code. (3) Moratorium period.--The term ``moratorium period'' means the period of time-- (A) beginning on the day after the date of the enactment of this Act; and (B) ending on the later of-- (i) 14 days after the day on which the Director of the Office of Management and Budget publishes the report pursuant to section 4; or (ii) two years after the date of the enactment of this Act. (4) Regulatory rulemaking action.-- (A) In general.--The term ``regulatory rulemaking action'' means any rulemaking on any rule normally published in the Federal Register, including-- (i) the issuance of any substantive rule, interpretative rule, statement of agency policy, notice of inquiry, advance notice of proposed rulemaking, or notice of proposed rulemaking, and (ii) any other action taken in the course of the process of rulemaking (except a cost benefit analysis or risk assessment, or both). (B) Exclusions.--The term ``regulatory rulemaking action'' does not include-- (i) any agency action that the head of the agency and the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget certify in writing is limited to repealing, narrowing, or streamlining a rule, regulation, or administrative process or otherwise reducing regulatory burdens (meaning, Federal agencies could reduce or eliminate regulations on their own, during the moratorium); (ii) any agency action that the head of the agency and the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget certify in writing is limited to matters relating to military or foreign affairs functions, statutes implementing international trade agreements, including all agency actions required by the Uruguay Round Agreements Act, or agency management, personnel, or public property, loans, grants, benefits, or contracts; (iii) any agency action that the head of the agency and the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget certify in writing is limited to a routine administrative function of the agency; (iv) any agency action that-- (I) is taken by an agency that supervises and regulates insured depository institutions, affiliates of such institutions, credit unions, or government sponsored housing enterprises; and (II) the head of the agency certifies would meet the standards for an exception or exclusion described in this Act; or (v) any agency action that the head of the agency certifies is limited to interpreting, implementing, or administering the internal revenue laws of the United States. (5) Rule.--The term ``rule''-- (A) means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy; and (B) does not include-- (i) the approval or prescription, on a case-by-case or consolidated case basis, for the future of rates, wages, corporation, or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefore, or of valuations, costs, or accounting, or practices bearing on any of the foregoing; (ii) any action taken in connection with the safety of aviation; (iii) any action taken in connection with the implementation of monetary policy or to ensure the safety and soundness of federally insured depository institutions, any affiliate of such an institution, credit unions, or government sponsored housing enterprises or to protect the Federal deposit insurance funds; (iv) the granting an application for a license, registration, or similar authority, granting or recognizing an exemption, granting a variance or petition for relief from a regulatory requirement, or other action relieving a restriction (including any agency which establishes, modifies, or conducts a regulatory program for a recreational or subsistence activity, including hunting, fishing, and camping, if a Federal law prohibits the recreational or subsistence activity in the absence of the agency action); or (v) taking any action necessary to permit new or improved applications of technology or allow the manufacture, distribution, sale, or use of a substance or product. (6) Rulemaking.--The term ``rulemaking'' means agency process for formulating, amending, or repealing a rule. (7) License.--The term ``license'' means the whole or part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption, or other form of permission. (8) Imminent threat to health or safety.--The term ``imminent threat to health or safety'' means the existence of any condition, circumstance, or practice reasonably expected to cause death, serious illness, or severe injury to humans, or substantial endangerment to private property during the moratorium period. SEC. 7. LIMITATION ON CIVIL ACTIONS. No private right of action may be brought against any Federal agency for a violation of this Act. This prohibition shall not affect any private right of action or remedy otherwise available under any other law.

Stop the Regulation Invasion Please Act of 2011 or STRIP Act of 2011 - Imposes a moratorium on federal agencies taking any regulatory rulemaking action beginning on the day after the enactment of this Act and ending on the later of the date that is: (1) 14 days after the Director of the Office of Management and Budget (OMB) publishes a report on a review of rules, or (2) 2 years after the enactment of this Act. Requires the OMB Director to: (1) conduct a review of each rule that became effective after October 1, 1991, and that is in effect as of the enactment date of this Act, and (2) report on the estimated total annual costs and benefits of each rule and recommend whether it should continue or how it should be reformed. Repeals all such rules one year after the enactment of this Act unless specifically authorized by law and enacted after the date of enactment of this Act. Sets forth exceptions for certain rulemaking actions and rules, including those necessary because of an imminent threat to health or safety or other emergency, for the enforcement of criminal laws, or to establish or enforce statutory rights against discrimination. Requires each federal agency head to designate a Regulatory Review Officer to testify before Congress on any request to prevent the repeal of a rule under this Act.

To establish a moratorium on regulatory rulemaking actions and to repeal all rules that became effective after October 1, 1991, and are in effect as of the date of the enactment of this Act, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Veterans' Extended Health Care Services and Business Enhancements Act of 2003''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Five-year extension of period for provision of noninstitutional extended-care services and required nursing home care. Sec. 3. Improved benefits for former prisoners of war. Sec. 4. Enhancements to enhanced-use lease authority. Sec. 5. Department of Defense participation in revolving supply fund purchases. Sec. 6. Enhancement of authorities relating to nonprofit research corporations. Sec. 7. Report date changes. Sec. 8. Designation of Department of Veterans Affairs Medical Center, Prescott, Arizona, as the Bob Stump Department of Veterans Affairs Medical Center. SEC. 2. FIVE-YEAR EXTENSION OF PERIOD FOR PROVISION OF NONINSTITUTIONAL EXTENDED-CARE SERVICES AND REQUIRED NURSING HOME CARE. (a) Noninstitutional Extended Care Services.--Section 1701(10)(A) of title 38, United States Code, is amended by striking ``the date of the enactment of the Veterans Millennium Health Care and Benefits Act and ending on December 31, 2003,'' and inserting ``November 30, 1999, and ending on December 31, 2008,''. (b) Required Nursing Home Care.--Section 1710A(c) of such title is amended by striking ``December 31, 2003'' and inserting ``December 31, 2008''. (c) Extension of Report Date.--Section 101(i) of the Veterans Millennium Health Care and Benefits Act (38 U.S.C. 1710A note) is amended by striking ``January 1, 2003,'' and inserting ``January 1, 2008,''. SEC. 3. IMPROVED BENEFITS FOR FORMER PRISONERS OF WAR. (a) Outpatient Dental Care for All Former Prisoners of War.-- Section 1712(a)(1)(F) of title 38, United States Code, is amended by striking ``and who was detained or interned for a period of not less than 90 days''. (b) Exemption From Pharmacy Copayment Requirement.--Section 1722A(a)(3) of such title is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph (B): ``(B) to a veteran who is a former prisoner of war; or''. SEC. 4. ENHANCEMENTS TO ENHANCED-USE LEASE AUTHORITY. (a) Increased Flexibility Under Enhanced-Use Leases.--Section 8162(a)(2)(B) of title 38, United States Code, is amended-- (1) by striking ``proposed by the Under Secretary for Health'' and inserting ``proposed by one of the Under Secretaries''; and (2) by striking ``to the provision of medical care and services'' and inserting ``to the programs and activities of the Department''. (b) Notification of Property to Be Leased.--Section 8163 of such title is amended-- (1) in the first sentence of subsection (a)-- (A) by striking ``designate a property to be leased under an enhanced-use lease'' and inserting ``enter into an enhanced-use lease with respect to certain property''; and (B) by striking ``before making the designation'' and inserting ``before entering into the lease''; (2) in subsection (b), by striking ``of the proposed designation'' and inserting ``to the congressional veterans' affairs committees and to the public of the proposed lease''; and (3) in subsection (c)-- (A) in paragraph (1)-- (i) by striking ``designate the property involved'' and inserting ``enter into an enhanced-use lease of the property involved''; and (ii) by striking ``to so designate the property'' and inserting ``to enter into such lease''; (B) in paragraph (2), by striking ``90-day period'' and inserting ``45-day period''; (C) in paragraph (3)-- (i) by striking ``general description'' in subparagraph (D) and inserting ``description of the provisions''; and (ii) by adding at the end the following new subparagraph: ``(G) A summary of a cost-benefit analysis of the proposed lease.''; and (D) by striking paragraph (4). (c) Disposition of Leased Property.--Section 8164 of such title is amended-- (1) in subsection (a)-- (A) by striking ``by requesting the Administrator of General Services to dispose of the property pursuant to subsection (b)'' in the first sentence; and (B) by striking the third sentence; (2) in subsection (b)-- (A) by striking ``Secretary and the Administrator of General Services jointly determine'' and inserting ``Secretary determines''; and (B) by striking ``Secretary and the Administrator consider'' and inserting ``Secretary considers''; and (3) in subsection (c), by striking ``90 days'' and inserting ``45 days''. (d) Use of Proceeds.--Section 8165 of such title is amended-- (1) in subsection (a)-- (A) by inserting after ``of this title'' the following: ``, except that any funds received by the Department under an enhanced-use lease in support of the Veterans Benefits Administration or the National Cemetery Administration and remaining after any deduction from such funds under subsection (b) shall be credited to applicable appropriations of that Administration''; and (B) in paragraph (2), by striking ``and remaining after'' and all that follows through ``nursing home revolving fund'' and inserting ``shall be deposited in applicable appropriations of the Administration of the Department that had functional control of the leased property before the Secretary entered into the enhanced-use lease''; (2) in subsection (b), by adding at the end the following new sentence: ``The Secretary may use the proceeds from any enhanced-use lease to reimburse applicable appropriations of the Department for any expenses incurred in the development of additional enhanced-use leases.''; and (3) by striking subsection (c). (e) Clerical Amendments.--(1) The heading of section 8163 of such title is amended to read as follows: ``Sec. 8163. Hearing and notice requirements regarding proposed leases''. (2) The item relating to section 8163 in the table of sections at the beginning of chapter 81 of such title is amended to read as follows: ``8163. Hearing and notice requirements regarding proposed leases.''. SEC. 5. DEPARTMENT OF DEFENSE PARTICIPATION IN REVOLVING SUPPLY FUND PURCHASES. (a) Enhancement of Department of Defense Participation.--Section 8121 of title 38, United States Code, is amended-- (1) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; (2) by designating the last sentence of subsection (a) as subsection (c); and (3) by inserting after paragraph (3) of subsection (a) the following new subsection: ``(b) The Secretary may authorize the Secretary of Defense to make purchases through the fund in the same manner as activities of the Department. When services, equipment, or supplies are furnished to the Secretary of Defense through the fund, the reimbursement required by paragraph (2) of subsection (a) shall be made from appropriations made to the Department of Defense, and when services or supplies are to be furnished to the Department of Defense, the fund may be credited, as provided in paragraph (3) of subsection (a), with advances from appropriations available to the Department of Defense.''. (b) Effective Date.--The amendments made by subsection (a) shall apply only with respect to funds appropriated for a fiscal year after fiscal year 2003. SEC. 6. ENHANCEMENT OF AUTHORITIES RELATING TO NONPROFIT RESEARCH CORPORATIONS. (a) Coverage of Personnel Under Tort Claims Laws.--(1) Subchapter IV of chapter 73 of title 38, United States Code, is amended by inserting after section 7364 the following new section: ``Sec. 7364A. Coverage of employees under certain Federal tort claims ``(a) An employee of a corporation established under this subchapter who is described by subsection (b) shall be considered an employee of the government, or a medical care employee of the Veterans Health Administration, for purposes of the following provisions of law: ``(1) Section 1346(b) of title 28. ``(2) Chapter 171 of title 28. ``(3) Section 7316 of this title ``(b) An employee described in this subsection is an employee who-- ``(1) has an appointment with the Department, whether with or without compensation; ``(2) is directly or indirectly involved or engaged in research or education and training that is approved in accordance with procedures established by the Under Secretary for Health for research or education and training; and ``(3) performs such duties under the supervision of Department personnel.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7364 the following new item: ``7364A. Coverage of employees under certain Federal tort claims.''. (b) Clarification of Executive Director's Ethics Certification Duties.--Section 7366(c) of such title is amended-- (1) by inserting ``(1)'' after ``(c)''; (2) by striking ``any year--'' and all that follows through ``shall be subject'' and inserting ``any year shall be subject''; (3) by striking ``functions; and'' and inserting ``functions.''; and (4) by striking paragraph (2) and inserting the following: ``(2) Each corporation established under this subchapter shall each year submit to the Secretary a statement signed by the executive director of the corporation verifying that each director and employee has certified awareness of the laws and regulations referred to in paragraph (1) and of the consequences of violations of those laws and regulations in the same manner as Federal employees are required to.''. (c) Five-Year Extension of Authority to Establish Research Corporations.--Section 7368 of such title is amended by striking ``December 31, 2003'' and inserting ``December 31, 2008''. SEC. 7. REPORT DATE CHANGES. (a) Senior Managers Quarterly Report.--Section 516(e)(1)(A) of title 38, United States Code, is amended by striking ``30 days'' and inserting ``45 days''. (b) Annual Report on Assistance to Homeless Veterans.--Section 2065(a) of such title is amended by striking ``April 15 of each year'' and inserting ``June 15 of each year''. (c) Annual Report of Committee on Care of Severely Chronically Mentally Ill Veterans.--Section 7321(d)(2) of such is amended by striking ``February 1, 1998, and February 1 of each of the six following years'' and inserting ``June 1 of each year through 2004''. (d) Annual Reports on Long-Range Health Planning.--Section 8107 of such title is amended-- (1) in subsection (a), by striking ``each year'' in the second sentence and all that follows through ``title 31'' and inserting ``June 1 of each year''; and (2) in subsection (c), by striking ``January 31'' and inserting ``June 1''. (e) Annual Report on Sharing of Health Care Resources.--Section 8153(g) of such title is amended by striking ``not more than 60 days after the end of each fiscal year'' and inserting ``not later than February 1 of each year''. (f) Annual Report of Special Committee on PTSD.--Section 110(e)(2) of the Veterans' Health Care Act of 1984 (38 U.S.C. 1712A note) is amended by striking ``February 1 of each of the three following years'' and inserting ``May 1 of each year through 2004''. SEC. 8. DESIGNATION OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER, PRESCOTT, ARIZONA, AS THE BOB STUMP DEPARTMENT OF VETERANS AFFAIRS MEDICAL CENTER. The Department of Veterans Affairs Medical Center located in Prescott, Arizona, shall after the date of the enactment of this Act be known and designated as the ``Bob Stump Department of Veterans Affairs Medical Center''. Any reference to such medical center in any law, regulation, map, document, or other paper of the United States shall be considered to be a reference to the Bob Stump Department of Veterans Affairs Medical Center.

Veterans' Extended Health Care Services and Business Enhancements Act of 2003 - Amends Federal veterans' benefits provisions to: (1) extend through 2008 the period for the provision of veterans' noninstitutional extended-care services and required nursing home care; (2) remove a provision requiring a person to have been detained or interned for at least 90 days in order to qualify for outpatient dental care as a former prisoner of war; (3) allow any Under Secretary within the Department of Veterans Affairs (currently only the Under Secretary for Health) to provide business plans for the use within the Department of enhanced-use leases; (4) remove other statutory requirements with respect to the enhanced-use lease program; (5) allow the Secretary of Defense to make purchases through the Department's revolving supply fund; (6) provide for coverage under the tort claims laws for employees of Department nonprofit research corporations; (7) extend through 2008 the authority to establish such corporations; (8) revise due dates of certain required reports; and (9) designate the Department medical center in Prescott, Arizona, as the Bob Stump Department of Veterans Affairs Medical Center.

To amend title 38, United States Code, to extend certain authorities for health care services and reporting dates and to augment certain health care business practices or programs administered by the Secretary of Veterans Affairs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hazard Mitigation and Relocation Assistance Act of 1993''. SEC. 2. HAZARD MITIGATION. (a) Federal Share and Total Contributions.--Section 404 of The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended-- (1) in the first sentence, by striking ``50 percent'' and inserting ``75 percent''; and (2) in the last sentence, by striking ``10 percent'' and all that follows through the end of the sentence and inserting ``15 percent of the estimated aggregate amount of grants to be made (less any associated administrative costs) under this Act with respect to the major disaster.''. (b) Applicability.--The amendments made by this section shall apply to any major disaster declared by the President pursuant to The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) on or after June 10, 1993. SEC. 3. PROPERTY ACQUISITION AND RELOCATION ASSISTANCE. Section 404 of The Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended-- (1) by inserting ``(a) In General.--'' before ``The President''; and (2) by adding at the end the following new subsection: ``(b) Property Acquisition and Relocation Assistance.-- ``(1) General authority.--In providing hazard mitigation assistance under this section in connection with flooding, the Director of the Federal Emergency Management Agency may provide property acquisition and relocation assistance for projects that meet the requirements of paragraph (2). ``(2) Terms and conditions.--An acquisition or relocation project shall be eligible to receive assistance pursuant to paragraph (1) only if-- ``(A) the applicant for the assistance is otherwise eligible to receive assistance under the hazard mitigation grant program established under subsection (a); and ``(B) on or after the date of enactment of this subsection, the applicant for the assistance enters into an agreement with the Director that provides assurances that-- ``(i) any property acquired, accepted, or from which a structure will be removed pursuant to the project will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; ``(ii) no new structure will be erected on property acquired, accepted or from which a structure was removed under the acquisition or relocation program other than-- ``(I) a public facility that is open on all sides and functionally related to a designated open space; ``(II) a rest room; or ``(III) a structure that the Director approves in writing before the commencement of the construction of the structure; and ``(iii) after receipt of the assistance, with respect to any property acquired, accepted or from which a structure was removed under the acquisition or relocation program-- ``(I) no subsequent application for additional disaster assistance for any purpose will be made by the recipient to any Federal entity; and ``(II) no assistance referred to in subclause (I) will be provided to the applicant by any Federal source. ``(3) Statutory construction.--Nothing in this subsection is intended to alter or otherwise affect an agreement for an acquisition or relocation project carried out pursuant to this section that was in effect on the day before the date of enactment of this subsection.''. SEC. 4. TREATMENT OF REAL PROPERTY BUYOUT PROGRAMS. (a) Inapplicability of URA.--The purchase of any real property under a qualified buyout program shall not constitute the making of Federal financial assistance available to pay all or part of the cost of a program or project resulting in the acquisition of real property or in any owner of real property being a displaced person (within the meaning of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970). (b) Definition of ``Qualified Buyout Program''.--For purposes of this section, the term ``qualified buyout program'' means any program that-- (1) provides for the purchase of only property damaged by the major, widespread flooding in the Midwest during 1993; (2) provides for such purchase solely as a result of such flooding; (3) provides for such acquisition without the use of the power of eminent domain and notification to the seller that acquisition is without the use of such power; (4) is carried out by or through a State or unit of general local government; and (5) is being assisted with amounts made available for-- (A) disaster relief by the Federal Emergency Management Agency; or (B) other Federal financial assistance programs. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Hazard Mitigation and Relocation Assistance Act of 1993 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to: (1) increase from 50 to 75 percent of the cost of hazard mitigation measures the amount authorized to be contributed by the President when determined to be cost-effective while substantially reducing the damage or loss suffered in a major disaster; (2) increase the total Federal contributions authorized for damages from a major disaster to 15 percent of the estimated aggregate amounts of grants to be provided under such Act for such disaster; and (3) provide the terms and conditions under which the Director of the Federal Emergency Management Agency may provide property acquisition and relocation assistance in connection with flood damaged property. States that the purchase of any real property under a qualified buyout program (the federally assisted purchase of property damaged by the major Midwest flood of 1993) shall not constitute the making of Federal financial assistance available for the cost of a program resulting in the acquisition of real property or in an owner of real property being a displaced person within the meaning of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

Hazard Mitigation and Relocation Assistance Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Frank Moore Wild Steelhead Special Management Area Designation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Frank Moore has committed his life to family, friends, his country, and fly fishing; (2) Frank Moore is a World War II veteran who stormed the beaches of Normandy along with 150,000 troops during the D-Day Allied invasion and was awarded the Chevalier of the French Legion of Honor for his bravery; (3) Frank Moore returned home after the war, started a family, and pursued his passion of fishing on the winding rivers in Oregon; (4) as the proprietor of the Steamboat Inn along the North Umpqua River in Oregon for nearly 20 years, Frank Moore, along with his wife Jeanne, shared his love of fishing, the flowing river, and the great outdoors, with visitors from all over the United States and the world; (5) Frank Moore has spent most of his life fishing the vast rivers of Oregon, during which time he has contributed significantly to efforts to conserve fish habitats and protect river health, including serving on the State of Oregon Fish and Wildlife Commission; (6) Frank Moore has been recognized for his conservation work with the National Wildlife Federation Conservationist of the Year award, the Wild Steelhead Coalition Conservation Award, and his 2010 induction into the Fresh Water Fishing Hall of Fame; and (7) in honor of the many accomplishments of Frank Moore, both on and off the river, approximately 99,653 acres of Forest Service land in the State of Oregon should be designated as the ``Frank Moore Wild Steelhead Special Management Area''. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``Map'' means the map entitled ``Frank Moore Wild Steelhead Special Management Area Designation Act'' and dated June 23, 2016. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (3) Special management area.--The term ``Special Management Area'' means the Frank Moore Wild Steelhead Special Management Area designated by section 4(a). (4) State.--The term ``State'' means the State of Oregon. SEC. 4. FRANK MOORE WILD STEELHEAD SPECIAL MANAGEMENT AREA, OREGON. (a) Designation.--The approximately 99,653 acres of Forest Service land in the State, as generally depicted on the Map, is designated as the ``Frank Moore Wild Steelhead Special Management Area''. (b) Map; Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Special Management Area. (2) Force of law.--The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) Availability.--The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (c) Administration.--Subject to valid existing rights, the Special Management Area shall be administered by the Secretary-- (1) in accordance with all laws (including regulations) applicable to the National Forest System; and (2) in a manner that-- (A) conserves and enhances the natural character, scientific use, and the botanical, recreational, ecological, fish and wildlife, scenic, drinking water, and cultural values of the Special Management Area; (B) maintains and seeks to enhance the wild salmonid habitat of the Special Management Area; (C) maintains or enhances the watershed as a thermal refuge for wild salmonids; and (D) preserves opportunities for recreation, including primitive recreation. (d) Fish and Wildlife.--Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (e) Adjacent Management.--Nothing in this section-- (1) creates any protective perimeter or buffer zone around the Special Management Area; or (2) modifies the applicable travel management plan for the Special Management Area. (f) Wildfire Management.--Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the Special Management Area, consistent with the purposes of this Act, including the use of aircraft, machinery, mechanized equipment, fire breaks, backfires, and retardant. (g) Vegetation Management.--Nothing in this section prohibits the Secretary from conducting vegetation management projects within the Special Management Area in a manner consistent with-- (1) the purposes described in subsection (c); and (2) the applicable forest plan. (h) Protection of Tribal Rights.--Nothing in this section diminishes any treaty rights of an Indian tribe. (i) Withdrawal.--Subject to valid existing rights, the Federal land within the boundaries of the Special Management Area river segments designated by subsection (a) is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials.

Frank Moore Wild Steelhead Special Management Area Designation Act This bill designates approximately 99,653 acres of Forest Service land in Oregon as the "Frank Moore Wild Steelhead Special Management Area."

Frank Moore Wild Steelhead Special Management Area Designation Act

SECTION 1. ESTABLISHMENT. There is established a commission to be known as the ``National Commission on Youth Crime and School Violence'' (in this Act referred to as the ``Commission''). SEC. 2. DUTY OF COMMISSION. The Commission shall make recommendations on how to deter youth crime and protect children from violence in schools. SEC. 3. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 8 members appointed from among persons who are not officers or employees of any government, as follows: (1) 2 members appointed by the President. (2) 2 members appointed by the Speaker of the House of Representatives. (3) 2 members appointed by the Majority Leader of the Senate. (4) 1 member appointed by the Minority Leader of the Senate. (5) 1 member appointed by the Minority Leader of the House of Representatives. (b) Term of Office.-- (1) In general.--Each member shall be appointed for the life of the Commission. (2) Special rule.--A member who is appointed to the Commission and who becomes an officer or employee of a government may not continue as a member. (c) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Chairperson.--The Chairperson of the Commission shall be elected by the members. For purposes of such election, the provisional Chairperson shall be designated by the President. (e) Pay and Travel Expenses.-- (1) Rate of pay.--Each Commission member shall each be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the members are engaged in the actual performance of duties vested in the Commission. (2) Travel expenses.--Each Commission member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. SEC. 4. DIRECTOR AND STAFF. (a) Director.--The Commission shall appoint a Director without regard to section 5311(b) of title 5, United States Code. The Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Staff.-- (1) In general.--Subject to paragraph (2), the Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. (2) Inapplicability of certain civil service laws.--The Director may make such appointments subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (c) Staff of Federal Agencies.--On request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (d) Administrative Support Services.--On the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 5. POWERS OF COMMISSION. (a) Meetings.-- (1) In general.--The Commission shall meet at the call of the Chairperson. (2) Quorum.--A majority of the members of the Commission shall constitute a quorum but a lesser number may hold hearings. (b) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. SEC. 6. REPORTS. (a) Interim Report.--Within 6 months after the date of the enactment of this Act, the Commission shall submit to the Speaker, the Minority Leader, and Committee on the Judiciary of the House of Representatives, and the Majority Leader, Minority Leader, and Committee on the Judiciary of the Senate, an interim report on the activities of the Commission under this Act. (b) Final Report.--Not later than Dec. 31, 2002, the Commission shall transmit to the officials specified in subsection (a) a final report. The final report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for legislation, administrative action, and such other action as the Commission considers appropriate. SEC. 7. TERMINATION. The Commission shall terminate 15 days after submitting its final report pursuant to section 6(b).

Establishes the National Commission on Youth Crime and School Violence to make recommendations on how to deter youth crime and protect children from violence in schools.

To establish the National Commission on Youth Crime and School Violence.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Commission Act of 1996''. SEC. 2. ESTABLISHMENT. (a) Establishment.--There is established a commission to be known as the National Commission on the Long-Term Solvency of the Medicare Program (in this Act referred to as the ``Commission''). (b) Membership.--The Commission shall be composed of 15 members appointed as follows: (1) Five members shall be appointed by the President from among officers or employees of the executive branch, private citizens of the United States, or both. Not more than 3 members selected by the President shall be members of the same political party. (2) Five members shall be appointed by the Majority Leader of the Senate, in consultation with the Minority Leader of the Senate, from among members of the Senate, private citizens of the United States, or both. Not more than 3 of the members selected by the Majority Leader shall be members of the same political party and not more than 2 of such members may be members of Congress. (3) Five members shall be appointed by the Speaker of the House of Representatives, in consultation with the Minority Leader of the House of Representatives, from among members of the House of Representatives, private citizens of the United States, or both. Not more than 3 of the members selected by the Speaker shall be members of the same political party and not more than 2 of such members may be members of Congress. (4) Date.--The appointments of the members of the Commission shall be made no later than 3 months after the date of the enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairman. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairman.--The Commission shall select a Chairman from among its members. SEC. 3. DUTIES OF THE COMMISSION. (a) Analyses and Recommendations.-- (1) In general.--The Commission shall-- (A) review relevant analyses of the current and long-term financial condition of the medicare trust funds; (B) identify problems that may threaten the long- term solvency of such trust funds; (C) analyze potential solutions to such problems that will both assure the financial integrity of the Medicare Program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and the provision of appropriate health benefits; and (D) provide appropriate recommendations to the Secretary of Health and Human Services, the President, and the Congress regarding preserving the long-term solvency of the Medicare trust funds. (2) Definition of medicare trust funds.--For purposes of this subsection, the term ``Medicare trust funds'' means the Federal Hospital Insurance Trust Fund established under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund established under section 1841 of such Act (42 U.S.C. 1395t). (b) Report.--The Commission shall submit its report to the President and the Congress not later than 12 months after the date of the first meeting of the Commission. (c) Congressional Consideration of Legislation.-- (1) Development and consideration of legislation.-- (A) Introduction of legislation.--The Majority Leader of the Senate and the Speaker of the House of Representatives, in consultation with the Minority Leaders of the Senate and House of Representatives and taking into consideration the recommendations contained in such report, shall provide for the development, drafting, and introduction, by not later than 3 months after the date of submission of the report, of legislation in the Senate and House of Representatives that provides for the long-term solvency of the Medicare trust funds. (B) Privileged consideration if not voted upon within 3 months.-- (i) House of representatives.--If legislation introduced under subparagraph (A) in the House of Representatives is not voted upon in the House by not later than 3 months after the date of its introduction in the House-- (I) any committee in the House to which such legislation has been referred shall be treated as having been discharged from consideration, and (II) a motion to proceed to the consideration of any such legislation in the House shall be treated as highly privileged. (ii) Senate.--If legislation introduced under subparagraph (A) in the Senate is not voted upon in the Senate by not later than 3 months after the date of its introduction in the Senate-- (I) any committee in the Senate to which such legislation has been referred shall be treated as having been discharged from consideration, and (II) a motion to proceed to the consideration of any such legislation in the Senate shall be treated as privileged. (2) Vote on endorsing commission recommendations if no vote on legislation within 3 months.--If legislation introduced under paragraph (1)(A) is not considered and approved or disapproved-- (A) in the Senate within 3 months after the date of its introduction in the Senate, it shall be privileged in the Senate, or (B) in the House of Representatives within 3 months after the date of its introduction in the House, it shall be highly privileged in the House of Representatives, to move to consider a joint resolution the substance of which endorses the recommendations contained in the report under subsection (b) and provides legislative authority to carryout such recommendations. SEC. 4. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the purposes of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. SEC. 5. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- (1) Officers and employees of the federal government.--All members of the Commission who are officers or employees of the Federal Government shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Private citizens of the united states.-- (A) In general.--Subject to subparagraph (B), all members of the Commission who are not officers or employees of the Federal Government shall serve without compensation for their work on the Commission. (B) Travel expenses.--The members of the Commission who are not officers or employees of the Federal Government shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission, to the extent funds are available therefore. (b) Staff.-- (1) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. At the request of the Chairman, the Secretary of Health and Human Services shall provide the Commission with any necessary administrative and support services. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (c) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (d) Procurement of Temporary and Intermittent Services.--The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 6. TERMINATION OF THE COMMISSION. The Commission shall terminate 30 days after the date on which the Commission submits its report under section 2(b). SEC. 7. FUNDING FOR THE COMMISSION. Any expenses of the Commission shall be paid from such funds as may be otherwise available to the Secretary of Health and Human Services.

Medicare Commission Act of 1996 - Establishes the National Commission on the Long-Term Solvency of the Medicare Program to provide analyses of and recommendations with respect to the current and long-term financial condition of the Medicare trust funds for a report to the President, the Congress, and the Secretary of Health and Human Services. Outlines steps for the development and consideration of legislation with regard to such recommendations that provides for the long-term solvency of the Medicare trust funds.

Medicare Commission Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``SCHIP Expansion Act of 2004''. SEC. 2. ELIGIBILITY OF ALL UNINSURED CHILDREN FOR SCHIP. (a) In General.--Section 2110(b) of the Social Security Act (42 U.S.C. 1397jj(b)) is amended-- (1) in paragraph (1)-- (A) by striking subparagraph (B); and (B) by redesignating subparagraph (C) as subparagraph (B); (2) in paragraph (2)-- (A) by striking ``include'' and all that follows through ``a child who is an'' and inserting ``include a child who is an''; and (B) by striking the semicolon and all that follows through the period and inserting a period; and (3) by striking paragraph (4). (b) No Exclusion of Children With Access to High-Cost Coverage.-- Section 2110(b)(3) of the Social Security Act (42 U.S.C. 1397jj(b)(3)) is amended-- (1) in the paragraph heading, by striking ``rule'' and inserting ``rules''; (2) by striking ``A child'' and inserting the following: ``(A) Certain non federally funded coverage.--A child''; and (3) by adding at the end the following: ``(B) No exclusion of children with access to high- cost coverage.--A State shall not exclude a child from being treated as a targeted vulnerable child who has access to coverage under a group health plan or health insurance coverage if the total annual aggregate cost for premiums, deductibles, cost sharing, and similar charges imposed under the group health plan or health insurance coverage with respect to all targeted vulnerable children in the child's family exceeds 5 percent of such family's income for the year involved.''. (c) Conforming Amendments.-- (1) Titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq.; 1397aa et. seq.) are amended by striking ``targeted low-income'' each place it appears and inserting ``targeted vulnerable''. (2) Section 2102(b)(3)(C) of the Social Security Act (42 U.S.C. 1397bb(b)(3)(C)) is amended by inserting ``particularly with respect to children whose family income exceeds 200 percent of the poverty line'' before the semicolon. (d) Effective Date.--The amendments made by this section take effect on October 1, 2004. SEC. 3. INCREASE IN FEDERAL FINANCIAL PARTICIPATION UNDER SCHIP AND MEDICAID FOR STATES WITH SIMPLIFIED ENROLLMENT AND RENEWAL PROCEDURES FOR CHILDREN. (a) SCHIP.--Section 2105(c)(2) of the Social Security Act (42 U.S.C. 1397ee(c)(2)) is amended by adding at the end the following: ``(C) Nonapplication of limitation and increase in federal payment for states with simplified enrollment and renewal procedures.-- ``(i) In general.--Notwithstanding subsection (a)(1) and subparagraph (A)-- ``(I) the limitation under subparagraph (A) on expenditures for items described in subsection (a)(1)(D) shall not apply with respect to expenditures incurred to carry out any of the outreach strategies described in clause (ii), but only if the State carries out the same outreach strategies for children under title XIX; and ``(II) the enhanced FMAP for a State for a fiscal year otherwise determined under subsection (b) shall be increased by 5 percentage points (without regard to the application of the 85 percent limitation under that subsection)) with respect to such expenditures. ``(ii) Outreach strategies described.--For purposes of clause (i), the outreach strategies described in this clause are the following: ``(I) Presumptive eligibility.--The State provides for presumptive eligibility for children under this title and under title XIX. ``(II) Adoption of 12-month continuous eligibility.--The State provides that eligibility for children shall not be redetermined more often than once every year under this title or under title XIX. ``(III) Elimination of asset test.--The State does not apply any asset test for eligibility under this title or title XIX with respect to children. ``(IV) Passive renewal.--The State provides for the automatic renewal of the eligibility of children for assistance under this title and under title XIX if the family of which such a child is a member does not report any changes to family income or other relevant circumstances, subject to verification of information from State databases.''. (b) Medicaid.-- (1) In general.--Section 1902(l) of the Social Security Act (42 U.S.C. 1396a(l)) is amended-- (A) in paragraph (3), by inserting ``subject to paragraph (5)'', after ``Notwithstanding subsection (a)(17),''; and (B) by adding at the end the following: ``(5)(A) Notwithstanding the first sentence of section 1905(b), with respect to expenditures incurred to carry out any of the outreach strategies described in subparagraph (B) for individuals under 19 years of age who are eligible for medical assistance under subsection (a)(10)(A), the Federal medical assistance percentage is equal to the enhanced FMAP described in section 2105(b) and increased under section 2105(c)(2)(C)(i)(II), but only if the State carries out the same outreach strategies for children under title XXI. ``(B) For purposes of subparagraph (A), the outreach strategies described in this subparagraph are the following: ``(i) Presumptive eligibility.--The State provides for presumptive eligibility for such individuals under this title and title XXI. ``(ii) Adoption of 12-month continuous eligibility.--The State provides that eligibility for such individuals shall not be redetermined more often than once every year under this title or under title XXI. ``(iii) Elimination of asset test.--The State does not apply any asset test for eligibility under this title or title XXI with respect to such individuals. ``(iv) Passive renewal.--The State provides for the automatic renewal of the eligibility of such individuals for assistance under this title and under title XXI if the family of which such an individual is a member does not report any changes to family income or other relevant circumstances, subject to verification of information from State databases.''. (2) Conforming amendment.--The first sentence of section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended by striking ``section 1933(d)'' and inserting ``sections 1902(l)(5) and 1933(d)''. (c) Effective Date.--The amendments made by this section take effect on October 1, 2004. SEC. 4. ELIMINATION OF SCHIP DIP AND INCREASE IN FUNDING. (a) In General.--Section 2104(a) of the Social Security Act (42 U.S.C. 1397dd(a)) is amended-- (1) in paragraphs (5), (6), and (7), by striking ``$3,150,000,000'' each place it appears and inserting ``$4,275,000,000''; (2) in paragraphs (8) and (9), by striking ``$4,050,000,000'' each place it appears and inserting ``$9,050,000,000''; and (3) in paragraph (10), by striking ``$5,000,000,000'' and inserting ``$10,000,000,000''. (b) Effective Date.--The amendments made by this section take effect on October 1, 2004, and apply to allotments and redistributions of unused allotments made on or after that date. SEC. 5. LIMITATION ON PAYMENTS TO STATES THAT HAVE AN ENROLLMENT CAP BUT HAVE NOT EXHAUSTED THE STATE'S AVAILABLE ALLOTMENTS. (a) In General.--Section 2105 of the Social Security Act (42 U.S.C. 1397ee) is amended by adding at the end the following: ``(h) Limitation on Payments to States That Have an Enrollment Cap but Have Not Exhausted the State's Available Allotments.-- ``(1) In general.--Notwithstanding any other provision of this section, payment shall not be made to a State under this section if the State has an enrollment freeze, enrollment cap, procedures to delay consideration of, or not to consider, submitted applications for child health assistance, or a waiting list for the submission or consideration of such applications or for such assistance, and the State has not fully expended the amount of all allotments available with respect to a fiscal year for expenditure by the State, including allotments for prior fiscal years that remain available for expenditure during the fiscal year under subsection (c) or (g) of section 2104 or that were redistributed to the State under subsection (f) or (g) of section 2104. ``(2) Rule of construction.--Paragraph (1) shall not be construed as prohibiting a State from establishing regular open enrollment periods for the submission of applications for child health assistance.''. (b) Effective Date.--The amendments made by this section take effect on October 1, 2004. SEC. 6. APPLICATION OF MEDICAID MANAGED CARE REQUIREMENTS TO SCHIP. (a) In General.--Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended by adding at the end the following: ``(E) Sections 1903(m) and 1932 (relating to requirements for managed care).''. (b) Effective Date.--The amendment made by subsection (a) takes effect on October 1, 2004.

SCHIP Expansion Act of 2004 - Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to: (1) make all uninsured children eligible for SCHIP; (2) prohibit the State from excluding a child who has access to high cost coverage under a group health plan or health insurance coverage from being treated as a targeted vulnerable child under SCHIP; (3) increase Federal financial participation under SCHIP and Medicaid for States with simplified enrollment and renewal procedures for children, regardless of their family income; (4) provide for an increase in funds under SCHIP and Medicaid for outreach strategies for children; (5) increase funding for SCHIP; (6) prohibit payments to a State with an enrollment cap (or related procedures) which has not exhausted its available allotments; and (7) provide for the application of Medicaid managed care requirements to States under SCHIP.

A bill to amend title XXI of the Social Security Act to make all uninsured children eligible for the State children's health insurance program, to encourage States to increase the number of children enrolled in the medicaid and State children's health insurance programs by simplifying the enrollment and renewal procedures for those programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``TSA National Deployment Force Act''. SEC. 2. NATIONAL DEPLOYMENT OFFICE. (a) In General.--Subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 44947. National Deployment Office ``(a) Establishment.--There is established within the Transportation Security Administration a National Deployment Office, to be headed by an individual with supervisory experience. Such individual shall be designated by the Administrator of the Transportation Security Administration. ``(b) Duties.--The individual designated as the head of the National Deployment Office shall be responsible for the following: ``(1) Maintaining a National Deployment Force within the Transportation Security Administration that is comprised of transportation security officers, including supervisory transportation security officers and lead transportation security officers, to provide the Administration with rapid and efficient response capabilities and augment the Department of Homeland Security's homeland security operations to mitigate and reduce risk, including for the following: ``(A) Airports temporarily requiring additional security personnel due to an emergency, seasonal demands, hiring shortfalls, severe weather conditions, passenger volume mitigation, equipment support, or other reasons. ``(B) Special events requiring enhanced security including National Special Security Events, as determined by the Secretary of Homeland Security. ``(C) Response in the aftermath of any manmade disaster, including any terrorist attack. ``(D) Other such situations, as determined by the Administrator. ``(2) Educating transportation security officers regarding how to participate in the Administration's National Deployment Force. ``(3) Recruiting officers to serve on the National Deployment Force, in accordance with a staffing model to be developed by the Administrator. ``(4) Approving one-year appointments for officers to serve on the National Deployment Force, with an option to extend upon officer request and with the approval of the appropriate Federal Security Director. ``(5) Training officers to serve on the National Deployment Force.''. (b) Clerical Amendment.--The analysis for subchapter II of chapter 449 of title 49, United States Code, is amended by adding at the end the following new item: ``44947. National Deployment Office.''. SEC. 3. CONFORMING AMENDMENT. Subsection (f) of section 114 of title 49, United States Code, is amended-- (1) in paragraph (14), by striking ``and'' after the semicolon at the end; (2) by redesignating paragraph (15) as paragraph (16); and (3) by inserting after paragraph (14) the following new paragraph: ``(15) establish and maintain a National Deployment Office as required under section 44947 of this title; and''. SEC. 4. CAREER DEVELOPMENT. The Administrator of the Transportation Security Administration may consider service in the National Deployment Force as a positive factor when evaluating applicants for promotion opportunities within the Transportation Security Administration. SEC. 5. ANNUAL REPORT. Not later than one year after the date of enactment of this Act and annually thereafter for five years, the Administrator of the Transportation Security Administration shall submit to the Committee on Homeland Security of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a report regarding activities of the National Deployment Office, including the National Deployment Force, established under section 44947 of title 49, United States Code, as added by section 2 of this Act. Each such report shall include information relating to the following: (1) When, where, why, how many, and for how long the National Deployment Force was deployed throughout the 12-month period covered by such report and the costs associated with such deployment. (2) A description of collaboration between the National Deployment Office and other components of the Department of Homeland Security, other Federal agencies, and State and local transportation security stakeholders. (3) The size of the National Deployment Force, including information on the staffing model of such Force and adherence to such model as established by the Administrator. (4) Information on recruitment, appointment, and training activities, including processes utilized to attract, recruit, appoint, and train officers to serve on the National Deployment Force. Passed the House of Representatives September 4, 2018. Attest: KAREN L. HAAS, Clerk.

TSA National Deployment Force Act (Sec. 2) This bill establishes within the Transportation Security Administration (TSA) a National Deployment Office to: (1) maintain a National Deployment Force to provide the TSA with rapid and efficient response capabilities and augment homeland security operations to mitigate and reduce risk, (2) educate transportation security officers on how to participate in the force, (3) recruit and train officers to serve on the force, and (4) approve one-year appointments for officers to serve on the force. (Sec. 4) The TSA may consider service in the force a positive factor when evaluating TSA employees for promotions. (Sec. 5) The TSA must report to Congress annually over a five-year period on the activities of the National Deployment Office, including the force.

TSA National Deployment Force Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Security Sealift Enhancement Act of 1999''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--CAPITAL CONSTRUCTION FUND Sec. 101. Amendments of Internal Revenue Code of 1986. Sec. 102. Amendment to the Tariff Act of 1930. Sec. 103. Effective date. TITLE II--ELECTION TO EXPENSE UNITED STATES FLAG VESSELS Sec. 201. Election to expense certain United States flag vessels. TITLE III--INCOME EXCLUSION FOR MERCHANT SEAMEN Sec. 301. Income of merchant seaman excludable from gross income as foreign earned income. TITLE IV--EXEMPTION FROM ALTERNATIVE MINIMUM TAX Sec. 401. Exemption from alternative minimum tax for corporations that operate United States flag vessels. TITLE V--CONVENTIONS ON UNITED STATES-FLAG CRUISE SHIPS Sec. 501. Conventions on United States-flag cruise ships. TITLE I--CAPITAL CONSTRUCTION FUND SEC. 101. AMENDMENTS OF INTERNAL REVENUE CODE OF 1986. (a) Treatment of Certain Lease Payments.-- (1) Paragraph (1) of section 7518(e) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, or'', and by inserting after subparagraph (C) the following new subparagraph: ``(D) the payments of amounts which reduce the principal amount (as determined under regulations) of a qualified lease of a qualified vessel or container which is part of the complement of an eligible vessel.''. (2) Paragraph (4) of section 7518(f) of such Code is amended by inserting ``or to reduce the principal amount of any qualified lease'' after ``indebtedness''. (b) Authority To Make Deposits Under The Tariff Act of 1930.-- (1) Paragraph (1) of section 7518(a) of such Code is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(E) the amount elected for deposit under subsection (i) of section 466 of the Tariff Act of 1930 (19 U.S.C. 1466).''. (2) Subparagraph (A) of section 7518(d)(2) of such Code is amended to read as follows: ``(A) amounts referred to in subsections (a)(1)(B) and (E).''. (c) Authority To Make Deposits for Prior Years Based on Audit Adjustments.--Subsection (a) of section 7518 of such Code is amended by adding at the end thereof the following new paragraph: ``(4) Deposits for prior years.--To the extent permitted by joint regulations, deposits may be made in excess of the limitation described in paragraph (1) (and any limitation specified in the agreement) for the taxable year if, by reason of a change in taxable income for a prior taxable year that has become final pursuant to a closing agreement or other similar agreement entered into during the taxable year, the amount of the deposit could have been made for such prior taxable year.''. (d) Treatment of Capital Gains and Losses.-- (1) Paragraph (3) of section 7518(d) of such Code is amended to read as follows: ``(3) Capital gain account.--The capital gain account shall consist of-- ``(A) amounts representing long-term capital gains (as defined in section 1222) on assets held in the fund, reduced by ``(B) amounts representing long-term capital losses (as defined in such section) on assets held in the fund.''. (2) Subparagraph (B) of section 7518(d)(4) of such Code is amended to read as follows: ``(B)(i) amounts representing short-term capital gains (as defined in section 1222) on assets held in the fund, reduced by ``(ii) amounts representing short-term capital losses (as defined in such section) on assets held in the fund,''. (3) Subparagraph (B) of section 7518(g)(3) of such Code is amended by striking ``gain'' and all that follows and inserting ``long-term capital gain (as defined in section 1222), and''. (4) The last sentence of subparagraph (A) of section 7518(g)(6) of such Code is amended by striking ``20 percent (34 percent in the case of a corporation)'' and inserting ``the rate applicable to net capital gain under such section 1(h)(1)(C) or 1201(a), as the case may be''. (e) Computation of Interest With Respect to Nonqualified Withdrawals.-- (1) Subparagraph (C) of section 7518(g)(3) of such Code is amended-- (A) by striking clause (i) and inserting the following new clause: ``(i) no addition to the tax shall be payable under section 6651, and'', and (B) by striking ``paid at the applicable rate (as defined in paragraph (4))'' in clause (ii) and inserting ``paid in accordance with section 6601''. (2) Subsection (g) of section 7518 of such Code is amended by striking paragraph (4) and by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively. (3) Subparagraph (A) of section 7518(g)(5) of such Code, as redesignated by paragraph (2), is amended by striking ``paragraph (5)'' and inserting ``paragraph (4)''. (f) Other Changes.-- (1) Paragraph (2) of section 7518(b) of such Code is amended by striking ``interest-bearing securities approved by the Secretary'' and inserting ``interest-bearing securities and other income-producing assets (including accounts receivable) approved by the Secretary''. (2) The last sentence of paragraph (1) of section 7518(e) of such Code is amended by striking ``and containers'' each place it appears. (3) Subparagraph (B) of section 543(a)(1) of such Code is amended to read as follows: ``(B) interest on amounts set aside in a capital construction fund under section 607 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1177), or in a construction reserve fund under section 511 of such Act (46 App. U.S.C. 1161),''. (4) Subsection (c) of section 56 of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (5) Section 7518(e) is amended by adding at the end the following new paragraph: ``(3) Qualified withdrawal.--In the case of amounts in any fund as of the date of the enactment of this paragraph, and any earnings thereon, for purposes of this subsection, the term `qualified withdrawal' has the meaning given such term by applying subsection (i)(2) as of such date.'' (g) Definitions.--Subsection (i) of section 7518 of such Code is amended to read as follows: ``(i) Definitions.-- ``(1) In general.--Except as provided in paragraph (2), terms used in this section shall have the same meaning as in section 607(k) of the Merchant Marine Act, 1936. ``(2) Other definitions.--For the purposes of this section-- ``(A) The term `eligible vessel' means any vessel-- ``(i) documented under the laws of the United States, and ``(ii) operated in the foreign or domestic commerce of the United States or in the fisheries of the United States. ``(B) Qualified vessel.--The term `qualified vessel' means any vessel-- ``(i) constructed in the United States and, if reconstructed, reconstructed in the United States, ``(ii) documented under the laws of the United States, and ``(iii) which the person maintaining the fund agrees with the Secretary will be operated in the fisheries of the United States, or in the United States foreign, Great Lakes, noncontiguous domestic trade, or other oceangoing domestic trade between two coastal points in the United States or in support of operations conducted on the Outer Continental Shelf. ``(C) Vessel.--The term `vessel' includes containers or trailers intended for use as part of the complement of one or more eligible vessels and cargo handling equipment which the Secretary determines is intended for use primarily on the vessel. The term `vessel' also includes an ocean-going towing vessel or an ocean-going barge or comparable towing vessel or barge operated on the Great Lakes. ``(D) Foreign commerce.--The terms `foreign commerce' and `foreign trade' have the meanings given such terms in section 905 of the Merchant Marine Act, 1936, except that these terms shall include commerce or trade between foreign ports. ``(E) Qualified lease.--The term `qualified lease' means any lease with a term of at least 5 years.'' SEC. 102. AMENDMENT TO THE TARIFF ACT OF 1930. Section 466 of the Tariff Act of 1930 (19 U.S.C. 1466) is amended by adding at the end the following new subsection: ``(i) Election To Deposit Duty Into a Capital Construction Fund In Lieu of Payment to the Secretary of the Treasury.--At the election of the owner or master of any vessel referred to in subsection (a) of this section which is an eligible vessel (as defined in section 7518(i)(2) of the Internal Revenue Code of 1986), the portion of any duty imposed by subsection (a) which is deposited in a fund established under section 607 of the Merchant Marine Act, 1936 shall be treated as paid to the Secretary of the Treasury in satisfaction of the liability for such duty.'' SEC. 103. EFFECTIVE DATE. (a) In General.--Except as otherwise provided in this section, the amendments made by this title shall apply to taxable years ending after the date of the enactment of this Act. (b) Changes in Computation of Interest.--The amendments made by section 101(e) shall apply to withdrawals made after December 31, 1998, including for purposes of computing interest on such a withdrawal for periods on or before such date. (c) Qualified Leases.--The amendments made by section 101(a) shall apply to leases in effect on, or entered into after, December 31, 1998. (d) Amendment to the Tariff Act of 1930.--The amendment made by section 102 shall apply with respect to entries not yet liquidated by December 31, 1998, and to entries made on or after such date. TITLE II--ELECTION TO EXPENSE UNITED STATES FLAG VESSELS SEC. 201. ELECTION TO EXPENSE CERTAIN UNITED STATES FLAG VESSELS. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 179A the following new section: ``SEC. 179B. DEDUCTION FOR UNITED STATES FLAG VESSELS. ``(a) Treatment as Expenses.--A taxpayer may elect to treat the cost of any vessel that is a qualified United States flag vessel as an expense which is not chargeable to its capital account. ``(b) Year in Which Deduction Allowed.--The deduction under subsection (a) shall be allowed for the taxable year in which the vessel first becomes a qualified United States flag vessel. ``(c) Definitions.-- ``(1) Qualified united states flag vessel.--For purposes of this section, the term `qualified United States flag vessel' means a United States flag vessel that is operated exclusively in the foreign trade of the United States. ``(2) Cost.--For purposes of this section, the term `cost' means an amount equal to the lesser of-- ``(A) the purchase price of the vessel, or ``(B) the adjusted basis of the vessel, determined under section 1011, at the time that the vessel becomes a qualified United States flag vessel. ``(d) Basis Reduction.-- ``(1) In general.--For purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). ``(2) Ordinary income recapture.--For purposes of section 1245, the amount of the deduction allowable under subsection (a) with respect to any property which is of a character subject to the allowance for depreciation shall be treated as a deduction allowed for depreciation under section 167.'' (b) Conforming Amendments.-- (1) Paragraph (1) of section 263(a) of such Code is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``; or'', and by adding at the end the following new subparagraph: ``(I) expenditures for which a deduction is allowed under section 179B.''. (2) Subparagraph (B) of section 312(k)(3) of such Code is amended by striking ``or 179A'' each place it appears and inserting ``, 179A, or 179B''. (3) Subparagraph (C) of section 1245(a)(2) of such Code is amended by inserting ``179B,'' after ``179A,''. (4) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 179A the following new item: ``Sec. 179B. Deduction for United States flag vessels.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. TITLE III--INCOME EXCLUSION FOR MERCHANT SEAMEN SEC. 301. INCOME OF MERCHANT SEAMAN EXCLUDABLE FROM GROSS INCOME AS FOREIGN EARNED INCOME. (a) Section 911 Exclusion.--Section 911(d) of the Internal Revenue Code of 1986 (relating to citizens or residents of the United States living abroad) is amended by redesignating paragraph (9) as paragraph (10) and by inserting after paragraph (8) the following: ``(9) Application to certain merchant marine crews.--In applying this section to an individual who is a citizen or resident of the United States and who is employed for a minimum of 90 days during a taxable year as a regular member of the crew of a vessel or vessels owned, operated, or chartered by a United States citizen-- ``(A) the individual shall be treated as a qualified individual without regard to the requirements of paragraph (1); and ``(B) any earned income attributable to services performed by that individual so employed on such a vessel while it is engaged in transportation between the United States and a foreign country or possession of the United States shall be treated (except as provided by subsection (b)(1)(B)) as foreign earned income regardless of where payments of such income are made.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act. TITLE IV--EXEMPTION FROM ALTERNATIVE MINIMUM TAX SEC. 401. EXEMPTION FROM ALTERNATIVE MINIMUM TAX FOR CORPORATIONS THAT OPERATE UNITED STATES FLAG VESSELS. (a) In General.--Section 55 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Exemption for Corporations That Operate United States Flag Vessels.-- ``(1) In General.--The tentative minimum tax of a corporation shall be zero for any taxable year in which the corporation is a qualified corporation. ``(2) Definitions.--For purposes of this subsection-- ``(A) Qualified corporation.--The term `qualified corporation' means any domestic corporation if-- ``(i) substantially all of the assets of such corporation are related to the maritime transportation business, and ``(ii) such corporation owns or demise charters a fleet of 4 or more qualified United States flag vessels. ``(B) Qualified united states flag vessel.--The term `qualified United States flag vessel' means a United States flag vessel having a deadweight tonnage of not less than 10,000 deadweight tons that is operated exclusively in the foreign trade of the United States during each of the 360 days immediately preceding the last day of the taxable year. Days during which the vessel is drydocked, surveyed, inspected, or repaired shall be considered days of operation for purposes of this subsection. ``(C) Foreign trade.--The term `foreign trade' has the meaning given to such term by section 7518(i)(2).'' (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act. TITLE V--CONVENTIONS ON UNITED STATES-FLAG CRUISE SHIPS SEC. 501. CONVENTIONS ON UNITED STATES-FLAG CRUISE SHIPS. (a) In General.--Section 274(h)(2) of the Internal Revenue Code of 1986 (relating to conventions on cruise ships) is amended by striking ``that--'' and all that follows through ``possessions of the United States.'' and inserting ``that the cruise ship is a vessel registered in the United States.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years ending after the date of the enactment of this Act.

Title II: Election to Expense United States Flag Vessels - Permits, under the IRC, a taxpayer to elect to treat the cost of any vessel that is a qualified U. S. flag vessel as an expense which is not chargeable to its capital account. Title III: Income Exclusion for Merchant Seamen - Permits the income of certain merchant seaman to be excluded from gross income under IRC provisions permitting such exclusion for U.S. citizens or residents living abroad. Title IV: Exemption from Alternative Minimum Tax - Provides that the tentative minimum tax shall be zero for certain corporations which derive substantially all of their assets from the operation of U.S. flag vessels. Title V: Conventions on United States-Flag Cruise Ships - Eliminates the requirements that a cruise ship be U.S. registered and that all points of call be in the U.S. or its possessions in order to qualify for the deduction allowed for the attendance of a convention on a cruise ship.

National Security Sealift Enhancement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Blue Campaign Authorization Act''. SEC. 2. ENHANCED DEPARTMENT OF HOMELAND SECURITY COORDINATION THROUGH THE BLUE CAMPAIGN. (a) In General.--Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following new section: ``SEC. 434. DEPARTMENT OF HOMELAND SECURITY BLUE CAMPAIGN. ``(a) Definition.--In this section, the term `human trafficking' means an act or practice described in paragraph (9) or (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). ``(b) Establishment.--There is established within the Department a program, which shall be known as the `Blue Campaign'. The Blue Campaign shall be headed by a Director, who shall be appointed by the Secretary. ``(c) Purpose.--The purpose of the Blue Campaign shall be to unify and coordinate Department efforts to address human trafficking. ``(d) Responsibilities.--The Secretary, working through the Director, shall, in accordance with subsection (e)-- ``(1) issue Department-wide guidance to appropriate Department personnel; ``(2) develop training programs for such personnel; ``(3) coordinate departmental efforts, including training for such personnel; and ``(4) provide guidance and training on trauma-informed practices to ensure that human trafficking victims are afforded prompt access to victim support service providers, in addition to the assistance required under section 107 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105), to address their immediate and long-term needs. ``(e) Guidance and Training.--The Blue Campaign shall provide guidance and training to Department personnel and other Federal, State, tribal, and law enforcement personnel, as appropriate, regarding-- ``(1) programs to help identify instances of human trafficking; ``(2) the types of information that should be collected and recorded in information technology systems utilized by the Department to help identify individuals suspected or convicted of human trafficking; ``(3) systematic and routine information sharing within the Department and among Federal, State, tribal, and local law enforcement agencies regarding-- ``(A) individuals suspected or convicted of human trafficking; and ``(B) patterns and practices of human trafficking; ``(4) techniques to identify suspected victims of trafficking along the United States border and at airport security checkpoints; ``(5) methods to be used by the Transportation Security Administration and personnel from other appropriate agencies to-- ``(A) train employees of the Transportation Security Administration to identify suspected victims of trafficking; and ``(B) serve as a liaison and resource regarding human trafficking prevention to appropriate State, local, and private sector aviation workers and the traveling public; ``(6) utilizing resources, such as indicator cards, fact sheets, pamphlets, posters, brochures, and radio and television campaigns to-- ``(A) educate partners and stakeholders; and ``(B) increase public awareness of human trafficking; ``(7) leveraging partnerships with State and local governmental, nongovernmental, and private sector organizations to raise public awareness of human trafficking; and ``(8) any other activities the Secretary determines necessary to carry out the Blue Campaign.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 433 the following new item: ``Sec. 434. Department of Homeland Security Blue Campaign.''. SEC. 3. INFORMATION TECHNOLOGY SYSTEMS. Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall ensure, in accordance with the Department of Homeland Security-wide guidance required under section 434(d) of the Homeland Security Act of 2002, as added by section 2 of this Act, the integration of information technology systems utilized within the Department to record and track information regarding individuals suspected or convicted of human trafficking (as such term is defined in such section). SEC. 4. REPORT. Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that-- (1) describes the status and effectiveness of the Department of Homeland Security Blue Campaign under section 434 of the Homeland Security Act of 2002, as added by section 2 of this Act; and (2) provides a recommendation regarding the appropriate office within the Department of Homeland Security for the Blue Campaign. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $819,000 to carry out section 434 of the Homeland Security Act of 2002, as added by section 2. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

. The expanded summary of the House passed version is repeated here.) Department of Homeland Security Blue Campaign Authorization Act (Sec. 2) This bill amends the Homeland Security Act of 2002 to authorize in the Department of Homeland Security (DHS) a program to be known as the Blue Campaign, the purpose of which shall be to unify and coordinate DHS efforts to address human trafficking. The campaign director shall issue DHS-wide guidance to and develop training programs for appropriate DHS personnel, coordinate departmental efforts, and provide guidance and training on trauma-informed practices to ensure that human trafficking victims are afforded prompt access to victim support service providers and assistance to address their immediate and long-term needs. Such campaign shall provide guidance and training to DHS personnel and other federal, state, tribal, and law enforcement personnel regarding: programs to help identify instances of human trafficking; the types of information that should be collected and recorded in DHS information technology systems to identify individuals suspected or convicted of human trafficking; systematic and routine information sharing within DHS and among federal, state, tribal, and local law enforcement agencies regarding such individuals and patterns and practices of human trafficking; techniques to identify suspected victims of trafficking along the U.S. border and at airport security checkpoints; methods to be used by the Transportation Security Administration (TSA) and personnel from other appropriate agencies to train TSA employees to identify suspected trafficking victims and to serve as a liaison and resource regarding human trafficking prevention to appropriate state, local, and private sector aviation workers and the traveling public; utilizing resources to educate partners and stakeholders and increase public awareness of human trafficking; and leveraging partnerships with state and local governmental, non-governmental, and private sector organizations to raise public awareness of human trafficking. (Sec. 3) DHS shall: (1) ensure the integration of information technology systems utilized within DHS to record and track information regarding individuals suspected or convicted of human trafficking; and (2) report to Congress on the status and effectiveness of, and providing a recommendation regarding the appropriate office within DHS for, the Blue Campaign.

Department of Homeland Security Blue Campaign Authorization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Security Officer Employment Enhancement Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) One of the legacies of the horrific attacks of September 11, 2001, is the need for enhanced security of the United States. Meeting this need has imposed serious stresses on government agencies at all levels and entities whose primary task is the protection of the key assets of the United States and the life, health, and property of its populace. (2) President Bush stated, in a February 2003 report titled, ``The National Strategy for the Physical Protection of Critical Infrastructures and Key Assets'', that there is an increased need to assess the Nation's vulnerabilities and to provide additional security for its key assets. Providing such security will require increased cooperation between the Federal Government and the private sector. (3) Such Report recognized that terrorists, in the pursuit of their long-term, strategic objectives, will likely continue to attack critical infrastructures and key assets of the United States, the vast majority of which are owned and operated by the private sector. (4) Because of enhanced security needs, the use of private security companies in guarding the key assets of the United States and the life, health, and property of its populace has increased significantly since September 11, 2001, and will continue to do so. (5) Because of enhanced security needs, businesses have increased their security efforts and the number of internal employees dedicated to securing their facilities. (6) As reliance on private security companies to guard the key assets of the United States and to protect the life, health, and property of its populace continues to grow, the hiring and placement decisions of such companies (which employ more than 500,000 private security officers nationwide) have become critical. Such decisions determine who will protect the United States and have access to its key assets. Similarly, businesses providing their own internal security services have experienced a heightened need to improve their internal security measures and to obtain more information about the individuals who provide their internal security. It has, therefore, become imperative that companies employing or hiring security personnel have access to a criminal background checking system that is efficient, inclusive, nationwide in scope, dependable, and technologically advanced, in order to minimize the occurrence of dangerous and disastrous placement and hiring decisions. (7) Companies cannot properly and effectively evaluate their prospective and current internal security employees without access to the criminal history records available through the National Crime Information Center (NCIC). Access to the NCIC for the purpose of reviewing the background of current and prospective employees is currently enjoyed by the banking industry, the nuclear power industry, public housing authorities, and others, and should be made available to private security companies and to businesses providing their own security so that such companies and businesses can safely and effectively partner with Federal, State, and local governments in the effort to protect the United States. (8) Given its critical role in the security of the United States, the Department of Homeland Security, working in conjunction with the Department of Justice, is best suited to act as the clearinghouse for obtaining and disseminating NCIC criminal history records for the purposes set forth in this section. SEC. 3. IMPROVED CRIMINAL HISTORY RECORDS SEARCH FOR PURPOSES OF EMPLOYMENT OF COVERED PRIVATE SECURITY OFFICERS. Section 6402 of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3755, 28 U.S.C. 534 note) is amended by striking subsection (c) and all that follows through the end and inserting the following new subsections: ``(c) Requirement To Provide NCIC Information Upon Request.-- ``(1) In general.--The Secretary shall, upon receipt of a request by a covered employer with respect to a covered employee, provide for an NCIC criminal history records check with respect to the covered employee and provide the results of the check to the covered employer, in accordance with this section. ``(2) Fingerprints.--A request under paragraph (1) shall include the fingerprints of the covered employee, which shall be submitted electronically to the Secretary. The Secretary shall transmit those fingerprints to the Attorney General. To assist the Secretary in complying with paragraph (1), the Attorney General shall, notwithstanding any other provision of law, provide for-- ``(A) an NCIC criminal history records check to be carried out with respect to that covered employee; and ``(B) the results of that check to be transmitted to the Secretary. ``(3) Fee.--The Secretary may, by regulation, establish and collect a reasonable fee for conducting a criminal history records check under paragraph (1). ``(d) Use of NCIC Information by Covered Employers.-- ``(1) Prohibition.-- ``(A) In general.--A covered employer may not employ a covered employee to provide a security service described in subparagraph (B), unless-- ``(i) the covered employer first obtains the results of an NCIC criminal history records check with respect to that covered employee; and ``(ii) neither the results of that check, nor any other information made available to the covered employer, indicate that the covered employee has any unpardoned conviction under any Federal or State law of any felony or any one or more of the following offenses: ``(I) Illegally using, carrying, or possessing any firearm or other dangerous weapon. ``(II) Making or possessing an instrument, the primary use of which would be to facilitate burglary, theft, or a similar crime. ``(III) Buying or receiving stolen property. ``(IV) Unlawful entry of a building. ``(V) Aiding escape from prison. ``(VI) Unlawfully possessing or distributing any illegal narcotic drug. ``(VII) Any act involving theft, including theft by deception. ``(VIII) Recklessly endangering another person. ``(IX) Making any threat of terror. ``(X) Any crime of violence against another individual, including assault or battery, or any crime of violence against the property of an individual. ``(XI) Attempting or conspiring to commit any of the offenses described in subclauses (I) through (X). ``(XII) Any other offense relevant to the ability of the covered employee to provide reliable security services, as specified by the Secretary by regulation. ``(B) Security service described.--For purposes of this section, a security service is-- ``(i) guarding, protecting, or securing any asset or personnel of the covered employer or any asset or personnel of any customer of such employer; or ``(ii) directly or indirectly supervising the activities of any other employee of such employer who guards, protects, or secures any such asset or personnel. ``(2) Delayed applicability for current employees.--In the case of a covered employee who, as of the effective date described in section 4 of the Private Security Officer Employment Enhancement Act of 2006, is employed by a covered employer to provide a security service, the prohibition under paragraph (1) shall not apply to such employer with respect to such employee until-- ``(A) the given date that is six months after such effective date; or ``(B) a later date specified by the Secretary, in the case in which the Secretary certifies that the results of the records check could not be obtained by the given date described in subparagraph (A) despite the exercise of reasonable diligence on the part of both the employee and the employer. ``(3) No liability for good faith determinations.--No covered employer shall be liable for any determination made by such employer in good faith that an offense identified from a criminal history records check conducted under subsection (c) for such employer on a covered employee is within the scope of offenses described in paragraph (1)(A)(ii) for purposes of such employer making an employment decision with respect to such employee. ``(4) Rule of construction.--Nothing in paragraph (1) shall be construed as preventing a covered employer from making an employment decision, with respect to a covered employee, based on any lawful reason not described in such subsection, including the reason that the results of a criminal history records check conducted under subsection (c)(1) (or any other information made available to the employer) on such employee indicate that the employment of the employee would violate any applicable State law. ``(5) Non-application of fair credit reporting act.--The provisions of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) shall not apply to an NCIC criminal history records check conducted under subsection (c). ``(e) Employee Rights.-- ``(1) Written consent.--A covered employer may not make a request under subsection (c)(1) with respect to a covered employee, or obtain the fingerprints of a covered employee under subsection (c)(2), without the written consent of that employee. ``(2) Frequency of requests.--A covered employer that makes a request under subsection (c)(1) with respect to a covered employee and thereafter employs that employee for a continuous period may not make another such request with respect to such employee unless-- ``(A) such request is made at least 12 months after the previous request; or ``(B) good cause (including for purposes of a promotion of the covered employee) exists. ``(3) Accuracy and completeness.--The Secretary shall ensure that each covered employee subject to a request for an NCIC criminal history records check under subsection (c)(1) will receive the results of the check and will have the opportunity to provide to the head of the National Crime Information Center of the Federal Bureau of Investigation information concerning the accuracy or completeness of such results. The covered employee involved must provide such information within 30 days after receipt of such results. ``(f) Records Management.-- ``(1) In general.--A covered employer receiving any results from a criminal history records check carried out under subsection (c)(1), with respect to a covered employee, shall ensure each of the following: ``(A) Such results are maintained confidentially. ``(B) Such results are not misused or disseminated to any person not involved in the employment decision with respect to the covered employee. ``(C) Subject to paragraph (2), such results are destroyed within one year after the latter of the following dates, with respect to such results: ``(i) The first of the following dates: ``(I) The date of the decision whether to employ or continue to employ the covered employee. ``(II) The date that is one year after the date on which the covered employer received the results. ``(ii) The date that is one year after the final disposition of a claim or proceeding relating to the employment of the covered employee. ``(2) No destruction of results if related claim pending.-- In no case shall the results from a criminal history records check carried out under subsection (c)(1) be destroyed pursuant to paragraph (1)(C) while a claim or proceeding described in clause (ii) of such paragraph is pending. ``(g) Use of Information by Department of Homeland Security.--In carrying out this section, the Secretary shall establish procedures to ensure that the Department of Homeland Security uses the results of criminal history records checks carried out under subsection (c)(1) in a manner that-- ``(1) limits the dissemination of such results outside the Department only to the covered employer; ``(2) ensures that such results are used only for the purpose of determining the suitability of a covered employee for employment in the private security field; and ``(3) protects covered employees from any use of such results that is in violation of the provisions of this section. ``(h) Regulations.--The Secretary shall prescribe regulations to carry out this section. ``(i) Criminal Penalties.--Any person who knowingly and intentionally uses any information obtained pursuant to this section for a purpose other than the purpose of determining the suitability of a covered employee for employment in the private security field shall be imprisoned not more than two years or fined under title 18, United States Code, or both. ``(j) Definitions.--For purposes of this section: ``(1) Covered employee.--The term `covered employee' means any individual, other than an active law enforcement officer for any governmental unit, who is-- ``(A) employed by, or seeking employment with, a nongovernmental entity that provides security services; or ``(B) employed as an internal security employee by, or seeking employment as an internal security employee with, a nongovernmental entity that has more than 50 employees, of which three or more are internal security employees. ``(2) Covered employer.--The term `covered employer' means-- ``(A) any nongovernmental entity that-- ``(i) provides security services; ``(ii) for each jurisdiction in which it provides such services, is licensed by such jurisdiction to provide such services, to the extent such jurisdiction permits or requires it to be so licensed; and ``(iii) provides such services-- ``(I) in interstate or foreign commerce; ``(II) at any site where there is located any element of the Federal Government; or ``(III) for any person engaged in interstate or foreign commerce; or ``(B) any nongovernmental entity that-- ``(i) has more than 50 employees, of which three or more are internal security employees; ``(ii) for each jurisdiction in which it provides internal security services with respect to itself, is licensed by such jurisdiction to provide such services, to the extent such jurisdiction permits or requires it to be so licensed; and ``(iii) is either engaged in interstate or foreign commerce or provides any product or service to any element of the Federal Government. ``(3) Internal security employee.--The term `internal security employee' means an employee whose primary responsibility is to provide internal security with respect to the entity employing such employee. ``(4) NCIC criminal history records check.--The term `NCIC criminal history records check' means a criminal history records check conducted through the databases of the National Crime Information Center of the Federal Bureau of Investigation. ``(5) Secretary.--The term `Secretary' means the Secretary of Homeland Security. ``(6) State.--The term `State' includes the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.''. SEC. 4. EFFECTIVE DATE. The amendment made by section 3 shall take effect as of the date of enactment and shall apply to employment decisions made by covered employers, with respect to covered employees, beginning on the date that is 180 days after the date of the enactment of this Act.

Private Security Officer Employment Enhancement Act of 2006 - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to direct the Secretary of Homeland Security, upon request by a covered employer (certain non-governmental companies that provide security guard services or that have more than 50 employees of which at least three are internal security employees), to provide for a National Crime Information Center (NCIC) criminal history records check on a current or prospective employee. Requires such request to include fingerprints. Prohibits such an employer from employing such an employee to provide any security service unless: (1) the employer first obtains the results of an NCIC criminal history records check; and (2) neither the results of that check nor any other information made available to the employer indicate that the employee has any unpardoned convictions under federal or state law of any felony or specified offenses. Prohibits such an employer from making such a request without the employee's consent. Requires an employer to ensure that information received is maintained confidentially, not misused, and destroyed within a specified time. Directs the Secretary to establish procedures to ensure that the Department of Homeland Security properly uses the results. Provides criminal penalties for knowingly and intentionally using any information obtained for a purpose other than determining suitability for employment.

To amend the Intelligence Reform and Terrorism Prevention Act of 2004 to require the Secretary of Homeland Security to provide for National Crime Information Center criminal history records checks of the employees and prospective employees of providers of private security services and to require such providers to employ only those employees whose records checks do not show a history of certain offenses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Child Protection Improvement Act''. SEC. 2. ESTABLISHMENT OF A NATIONAL CENTER ON VOLUNTEER AND PROVIDER SCREENING. The Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended by adding at the end the following: ``TITLE VI--NATIONAL CENTER ON VOLUNTEER AND PROVIDER SCREENING ``SEC. 601. SHORT TITLE. ``This title may be cited as the `National Child Protection Improvement Act'. ``SEC. 602. FINDINGS. ``Congress finds the following: ``(1) More than 87,000,000 children are involved each year in activities provided by child and youth organizations which depend heavily on volunteers to deliver their services. ``(2) Millions more adults, both the elderly and individuals with disabilities, are served by public and private voluntary organizations. ``(3) The vast majority of activities provided to children, the elderly, and individuals with disabilities by public and private nonprofit agencies and organizations result in the delivery of much needed services in safe environments that could not be provided without the assistance of virtually millions of volunteers, but abuses do occur. ``(4) Estimates of the incidence of child sexual abuse in child care settings, foster care homes, and schools, range from 1 to 7 percent. ``(5) Abuse traumatizes the victims and shakes public trust in care providers and organizations serving vulnerable populations. ``(6) Congress has acted to address concerns about this type of abuse through the National Child Protection Act of 1993 and the Violent Crime Control Act of 1994 to set forth a framework for screening through criminal record checks of care providers, including volunteers who work with children, the elderly, and individuals with disabilities. Unfortunately, problems regarding the safety of these vulnerable groups still remain. ``(7) While State screening is sometimes adequate to conduct volunteer background checks, more extensive national criminal history checks using fingerprints or other means of positive identification are often advisable, as a prospective volunteer or nonvolunteer provider may have lived in more than one State. ``(8) The high cost of fingerprint background checks is unaffordable for organizations that use a large number of volunteers and, if passed on to volunteers, often discourages their participation. ``(9) The current system of retrieving national criminal background information on volunteers through an authorized agency of the State is cumbersome and often requires months before vital results are returned. ``(10) In order to protect children, volunteer agencies must currently depend on a convoluted, disconnected, and sometimes duplicative series of checks that leave children at risk. ``(11) A national volunteer and provider screening center is needed to protect vulnerable groups by providing effective, efficient national criminal history background checks of volunteer providers at no-cost, and at minimal-cost for employed care providers. ``SEC. 603. DEFINITIONS. ``In this Act-- ``(1) the term `qualified entity' means a business or organization, whether public, private, for-profit, not-for- profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services designated by the National Task Force; ``(2) the term `volunteer provider' means a person who volunteers or seeks to volunteer with a qualified entity; ``(3) the term `provider' means a person who is employed by or volunteers or who seeks to be employed by or volunteer with a qualified entity, who owns or operates a qualified entity, or who has or may have unsupervised access to a child to whom the qualified entity provides care; ``(4) the term `national criminal background check system' means the criminal history record system maintained by the Federal Bureau of Investigation based on fingerprint identification or any other method of positive identification; ``(5) the term `child' means a person who is under the age of 18; ``(6) the term `individuals with disabilities' has the same meaning as that provided in section 5(7) of the National Child Protection Act of 1993; ``(7) the term `State' has the same meaning as that provided in section 5(11) of the National Child Protection Act of 1993; and ``(8) the term `care' means the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities. ``SEC. 604. ESTABLISHMENT OF A NATIONAL CENTER FOR VOLUNTEER AND PROVIDER SCREENING. ``(a) In General.--The Attorney General, by agreement with a national nonprofit organization or by designating an agency within the Department of Justice, shall-- ``(1) establish a national center for volunteer and provider screening designed-- ``(A) to serve as a point of contact for qualified entities to request a nationwide background check for the purpose of determining whether a volunteer provider or provider has been arrested for or convicted of a crime that renders the provider unfit to have responsibilities for the safety and well-being of children, the elderly, or individuals with disabilities; ``(B) to promptly access and review Federal and State criminal history records and registries through the national criminal history background check system-- ``(i) at no cost to a qualified entity for checks on volunteer providers; and ``(ii) at minimal cost to qualified entities for checks on non-volunteer providers; with cost for screening non-volunteer providers will be determined by the National Task Force; ``(C) to provide the determination of the criminal background check to the qualified entity requesting a nationwide background check after not more than 15 business days after the request; ``(D) to serve as a national resource center and clearinghouse to provide State and local governments, public and private nonprofit agencies and individuals with information regarding volunteer screening; and ``(2) establish a National Volunteer Screening Task Force (referred to in this title as the `Task Force') to be chaired by the Attorney General which shall-- ``(A) include-- ``(i) 2 members each of-- ``(I) the Federal Bureau of Investigation; ``(II) the Department of Justice; ``(III) the Department of Health and Human Services; ``(IV) representatives of State Law Enforcement organizations; ``(V) national organizations representing private nonprofit qualified entities using volunteers to serve the elderly; and ``(VI) national organizations representing private nonprofit qualified entities using volunteers to serve individuals with disabilities; and ``(ii) 4 members of national organizations representing private nonprofit qualified entities using volunteers to serve children; to be appointed by the Attorney General; and ``(B) oversee the work of the Center and report at least annually to the President and Congress with regard to the work of the Center and the progress of the States in complying with the provisions of the National Child Protection Act of 1993. ``SEC. 605. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--To carry out the provisions of this title, there are authorized to be appropriated $80,000,000 for fiscal year 2001 and $25,000,000 for each of the fiscal years 2002, 2003, 2004, and 2005, sufficient to provide no-cost background checks of volunteers working with children, the elderly, and individuals with disabilities. ``(b) Availability.--Sums appropriated under this section shall remain available until expended.''. SEC. 3. STRENGTHENING AND ENFORCING THE NATIONAL CHILD PROTECTION ACT OF 1993. Section 3 of the National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.) is amended to read as follows: ``SEC. 3. NATIONAL BACKGROUND CHECKS. ``(a) In General.--Requests for national background checks under this section shall be submitted to the National Center for Volunteer Screening which shall conduct a search using the Integrated Automated Fingerprint Identification System, or other criminal record checks using reliable means of positive identification subject to the following conditions: ``(1) A qualified entity requesting a national criminal history background check under this section shall forward to the National Center the provider's fingerprints or other identifying information, and shall obtain a statement completed and signed by the provider that-- ``(A) sets out the provider or volunteer's name, address, date of birth appearing on a valid identification document as defined in section 1028 of title 18, United States Code, and a photocopy of the valid identifying document; ``(B) states whether the provider or volunteer has a criminal record, and, if so, sets out the particulars of such record; ``(C) notifies the provider or volunteer that the National Center for Volunteer Screening may perform a criminal history background check and that the provider's signature to the statement constitutes an acknowledgement that such a check may be conducted; ``(D) notifies the provider or volunteer that prior to and after the completion of the background check, the qualified entity may choose to deny the provider access to children or elderly or persons with disabilities; and ``(E) notifies the provider or volunteer of his right to correct an erroneous record held by the FBI or the National Center. ``(2) Statements obtained pursuant to paragraph (1) and forwarded to the National Center shall be retained by the qualified entity or the National Center for at least 2 years. ``(3) Each provider or volunteer who is the subject of a criminal history background check under this section is entitled to contact the National Center to initiate procedures to-- ``(A) obtain a copy of their criminal history record report; and ``(B) challenge the accuracy and completeness of the criminal history record information in the report. ``(4) The National Center receiving a criminal history record information that lacks disposition information shall, to the extent possible, contact State and local recordkeeping systems to obtain complete information. ``(5) The National Center shall make a determination whether the criminal history record information received in response to the national background check indicates that the provider has a criminal history record that renders the provider unfit to provide care to children, the elderly, or individuals with disabilities based upon criteria established by the National Task Force on Volunteer Screening, and will convey that determination to the qualified entity. ``(b) Guidance by the National Task Force.--The National Task Force, chaired by the Attorney General shall-- ``(1) encourage the use, to the maximum extent possible, of the best technology available in conducting criminal background checks; and ``(2) provide guidelines concerning standards to guide the National Center in making fitness determinations concerning care providers based upon criminal history record information. ``(c) Limitations of Liability.-- ``(1) In general.--A qualified entity shall not be liable in an action for damages solely for failure to request a criminal history background check on a provider, nor shall a State or political subdivision thereof nor any agency, officer or employee thereof, be liable in an action for damages for the failure of a qualified entity (other than itself) to take action adverse to a provider who was the subject of a criminal background check. ``(2) Reliance.--The National Center or a qualified entity that reasonably relies on criminal history record information received in response to a background check pursuant to this section shall not be liable in an action for damages based upon the inaccuracy or incompleteness of the information. ``(d) Fees.--In the case of a background check pursuant to a State requirement adopted after December 20, 1993, conducted through the National Center using the fingerprints or other identifying information of a person who volunteers with a qualified entity shall be free of charge. This subsection shall not affect the authority of the FBI, the National Center, or the States to collect reasonable fees for conducting criminal history background checks of providers who are employed as or apply for positions as paid employees.''. SEC. 4. ESTABLISHMENT OF A MODEL PROGRAM IN EACH STATE TO STRENGTHEN CRIMINAL DATA REPOSITORIES AND FINGERPRINT TECHNOLOGY. (a) Establishment.--A model program shall be established in each State and the District of Columbia for the purpose of improving fingerprinting technology which shall grant to each State $50,000 to either-- (1) purchase Live-Scan fingerprint technology and a State- vehicle to make such technology mobile and these mobile units shall be used to travel within the State to assist in the processing of fingerprint background checks; or (2) purchase electric fingerprint imaging machines for use throughout the State to send fingerprint images to the National Center to conduct background checks. (b) Additional Funds.--In addition to funds provided in subsection (a), $50,000 shall be provided to each State and the District of Columbia to hire personnel to-- (1) provide information and training to each county law enforcement agency within the State regarding all National Child Protection Act requirements for input of criminal and disposition data into the national criminal history background check system; and (2) provide an annual summary to the National Task Force of the State's progress in complying with the criminal data entry provisions of the National Child Protection Act of 1993 which shall include information about the input of criminal data, child abuse crime information, domestic violence arrests and stay-away orders of protection. (c) Authorization of Appropriations.-- (1) In general.--To carry out the provisions of this section, there are authorized to be appropriated a total of $5,100,000 for fiscal year 2001 and such sums as may be necessary for each of the fiscal years 2002, 2003, 2004, and 2005, sufficient to improve fingerprint technology units and hire data entry improvement personnel in each of the 50 States and the District of Columbia. (2) Availability.--Sums appropriated under this section shall remain available until expended.

Directs the Attorney General to establish: (1) a national center for volunteer and provider screening to serve qualified provider care entities requesting a nationwide background check on providers of care to children, the elderly, or individuals with disabilities; and (2) a National Volunteer Screening Task Force to oversee the work of the center and report on the progress of States in complying with provisions of the National Child Protection Act of 1993 (the Act). Amends the Act to require national background check requests to be submitted to the National Center for Volunteer Screening, which shall conduct a search using the Integrated Automated Fingerprint Identification System or other appropriate criminal record check. Requires a model program to be established in each State and the District of Columbia providing grants to improve fingerprinting technology.

National Child Protection Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Volunteer Firefighter's Relief Act''. SEC. 2. DEDUCTION FOR CONTRIBUTIONS TO VOLUNTEER FIREFIGHTER SAVINGS ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. CONTRIBUTIONS TO VOLUNTEER FIREFIGHTER SAVINGS ACCOUNTS. ``(a) Deduction Allowed.-- ``(1) In general.--In the case of an individual who is a qualified volunteer firefighter, there shall be allowed as a deduction for the taxable year an amount equal to the contributions of the individual to a volunteer firefighter savings account of the individual for the taxable year. ``(2) Maximum annual amount.--The amount allowable as a deduction under subsection (a) to any individual for a taxable year shall not exceed $500. ``(b) Qualified Volunteer Firefighter.--For purposes of this section, the term `qualified volunteer firefighter' means an individual who, on the last day of the taxable year, is a member in good standing of a qualified volunteer fire department (as defined in section 150(e)). ``(c) Volunteer Firefighter Savings Account.--For purposes of this section, the term `volunteer firefighter savings account' means a trust created or organized in the United States for the exclusive benefit of an individual and the individual's beneficiaries, but only if the written governing instrument creating the trust meets the following requirements: ``(1) No contribution will be accepted unless it is in cash. ``(2) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section. ``(3) No part of the trust assets will be invested in life insurance contracts. ``(4) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(5) The interest of an individual in the balance of the individual's account is nonforfeitable. ``(d) Tax Treatment of Distributions.-- ``(1) In general.--Except as otherwise provided in this subsection, any amount paid or distributed out of a volunteer firefighter savings account shall be included in the gross income of the payee or distributee for the taxable year in which the payment or distribution is received in the manner provided under section 72. ``(2) Excess contributions returned before due date of return.--Paragraph (1) shall not apply to the distribution of any contribution paid during a taxable year to a volunteer firefighter savings account to the extent that such contribution exceeds the amount allowable as a deduction under subsection (a) if-- ``(A) such distribution is received on or before the day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, ``(B) no deduction is allowed under subsection (a) with respect to such excess contribution, and ``(C) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in subparagraph (C) shall be included in the gross income of the individual for the taxable year in which such excess contribution was made. ``(3) Rollover contributions.-- ``(A) In general.--Paragraph (1) shall not apply to any amount paid or distributed to an account holder from a volunteer firefighter savings account to the extent that the amount received is paid into an individual retirement plan (as defined in section 7701(37)) for the benefit of the account holder not later than the 60th day after the day on which the account holder receives the payment or distribution. ``(B) Limitation.--Subparagraph (A) shall not apply to any payment or distribution described in subparagraph (A) if, at any time during the 1-year period ending on the day of such receipt, such account holder received any other amount described in subparagraph (A) which was not includible in the account holder's gross income because of the application of subparagraph (A). ``(4) Investment in collectibles treated as distributions.--Rules similar to the rules of section 408(m) shall apply for purposes of this section. ``(e) Tax Treatment of Accounts.-- ``(1) Exemption from tax.--A volunteer firefighter savings account is exempt from taxation under this subtitle unless such account has ceased to be a volunteer firefighter savings account by reason of paragraph (2). Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Loss of exemption of account where individual engages in prohibited transaction.-- ``(A) In general.--If the individual for whose benefit a volunteer firefighter savings account is established or any individual who contributes to such account engages in any transaction prohibited by section 4975 with respect to the account, the account shall cease to be a volunteer firefighter savings account as of the first day of the taxable year (of the individual so engaging in such transaction) during which such transaction occurs. ``(B) Account treated as distributing all its assets.--In any case in which any account ceases to be a volunteer firefighter savings account by reason of subparagraph (A) as of the first day of any taxable year, paragraph (1) of subsection (d) shall apply as if there was a distribution on such first day in an amount equal to the fair market value (on such first day) of all assets in the account (on such first day). ``(3) Effect of pledging account as security.--If, during any taxable year, the individual for whose benefit a volunteer firefighter savings account is established uses the account or any portion thereof as security for a loan, the portion so used shall be treated as distributed to the individual so using such portion. ``(f) Special Rules.-- ``(1) Time when contributions deemed made.--A taxpayer shall be deemed to have made a contribution to a volunteer firefighter savings account on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). ``(2) Death and divorce.--Rules similar to the rules of sections 401(a)(9), 401(a)(11), and 408(d)(6) shall apply for purposes of this section. ``(3) Community property laws.--This section shall be applied without regard to any community property laws. ``(g) Reports.--The trustee of a volunteer firefighter savings account shall make such reports regarding such account to the Secretary and to the account holder with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations.''. (b) Allowance of Deduction in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by inserting after paragraph (17) the following new paragraph: ``(18) Contributions to volunteer firefighter savings accounts.--The deduction allowed by section 222(a).''. (c) Additional Tax on Early Distributions.--Subsection (t) of section 72 of such Code (relating to 10-percent additional tax on early distributions from qualified retirement plans) is amended-- (1) in paragraph (1) by inserting ``or a volunteer firefighter savings account (as defined in section 220(c))'' after ``section 4974(c))'', and (2) in the heading by striking ``Qualified Retirement Plans'' and inserting ``Certain Tax-Favored Plans''. (d) Tax on Excess Contributions.--Section 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended-- (1) in subsection (a) by striking ``or'' at the end of paragraph (3), by inserting ``or'' at the end of paragraph (4), and by inserting after paragraph (4) the following new paragraph: ``(5) a volunteer firefighter savings account (as defined in section 222(c)),'', and (2) by adding at the end the following new subsection: ``(g) Excess Contributions to Volunteer Firefighter Savings Accounts.--For purposes of this section, in the case of a volunteer firefighter savings account, the term `excess contributions' means the sum of-- ``(1) the aggregate amount contributed for the taxable year to the account which is not allowable as a deduction under section 222 for such taxable year, and ``(2) the amount determined under this subsection for the preceding taxable year, reduced by-- ``(A) the distributions out of the accounts which were included in gross income under section 222(d)(1) for the taxable year, over ``(B) the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed out of the volunteer firefighter account in a distribution to which section 222(d)(2) applies shall be treated as an amount not contributed.''. (e) Tax on Prohibited Transactions.--Section 4975 of such Code (relating to prohibited transactions) is amended-- (1) by adding at the end of subsection (c) the following new paragraph: ``(6) Special rule for volunteer firefighter savings accounts.--An individual for whose benefit a volunteer firefighter savings account is established and any contributor to such account shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a volunteer firefighter savings account by reason of the application of section 222 to such account.'', and (2) in subsection (e)(1) by striking ``or'' at the end of subparagraph (E), by redesignating subparagraph (F) as subparagraph (G), and by inserting after subparagraph (E) the following new subparagraph: ``(F) a volunteer firefighter savings account described in section 222, or''. (f) Failure To Provide Reports on Volunteer Firefighter Savings Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(E) section 222(g) (relating to volunteer firefighter savings accounts).''. (g) Conforming Amendments.-- (1) Paragraph (1) of section 408(a) is amended by inserting ``222(d)(3),'' before ``402(c)''. (2) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222 and inserting the following new items: ``Sec. 222. Contributions to volunteer firefighter savings accounts. ``Sec. 223. Cross reference.'' (h) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Volunteer Firefighter's Relief Act - Amends the Internal Revenue Code to allow, for a volunteer firefighter, an annual deduction (of up to $500) for contributions to a volunteer firefighter savings account.

To amend the Internal Revenue Code of 1986 to allow a deduction for contributions to a volunteer firefighter savings account.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Voluntary Early Retirement Incentive Act of 2001''. SEC. 2. GOVERNMENTAL AND HIGHER EDUCATION VOLUNTARY EARLY RETIREMENT INCENTIVE PLANS. (a) Amendment.--Section 4(m) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) is amended to read as follows: ``(m) Voluntary Retirement Incentive Plans.--Notwithstanding subsection (f)(2)(b), it shall not be a violation of subsection (a), (b), (c), or (d) solely because a voluntary early retirement incentive plan maintained by a local educational agency (as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)) or an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), provides for supplemental benefits to an employee that are reduced or eliminated on the basis of the employee's age at the time of such employee's retirement, if-- ``(1) the employer does not implement with respect to such employee any age-based reduction or elimination of benefits that are not such supplemental benefits, except as permitted by other provisions of this Act; ``(2) such supplemental benefits are in addition to any retirement or severance benefits which have been offered generally to employees, independent of any early retirement or exit-incentive plan, within the preceding 365 days; and ``(3) with respect to any plan supplemental benefits for which an employee first becomes eligible after the enactment of Teacher Voluntary Early Retirement Incentive Act of 2001-- ``(i) any employee who attains the minimum age and satisfies all non-age based conditions for receiving a benefit under the plan has an opportunity lasting not less than 180 days to elect to retire, and the plan does not require retirement to occur sooner than 180 days after such election; and ``(ii) any employee who is not eligible to receive the maximum supplemental benefits provided under the plan because of the age of such employee at the time of retirement was afforded a reasonable opportunity to receive such maximum benefits at a previous time in such employee's employment.''. (b) Construction.--Except as otherwise provided in section 4(m)(3) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623(m)(3)), the amendment made by subsection (a) shall apply in determining whether a voluntary employee early retirement incentive plan maintained by a local educational agency (as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)) or an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), was in violation of subsection (a), (b), (c), or (e) of section 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.) after January 1, 1996. SEC. 3. RETIREE MEDICAL BENEFITS COORDINATED WITH MEDICARE AND OTHER GOVERNMENTAL AND EMPLOYER BENEFIT PLANS; VOLUNTARY EARLY RETIREMENT INCENTIVE PLANS MAINTAINED BY LOCAL EDUCATIONAL AGENCIES. (a) Voluntary Early Retirement Incentive Plans Maintained by Local Educational Agencies.--Section 4(l)(1) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623(l)(1)) is amended by adding at the end the following: ``A voluntary early retirement incentive plan maintained by a local educational agency (as defined in Section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)) which makes payments or supplements as provided in clauses (i) or (ii) of subparagraph (B) in coordination with a defined benefit plan (as defined in Section 3(35) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(35) maintained by a state or an agency thereof shall itself be deemed to constitute a defined benefit plan for purposes of subparagraph (B).''. (b) Retiree Medical Benefits Coordinated With Medicare Benefits.-- Section 4(l) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623(l)) is amended by adding to the end the following: ``(4) It shall not be a violation of subsection (a), (b), (c), or (e) solely because an employee benefit plan (as defined in section 3 of the Employment Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)) provides for medical benefits for retired participants that are altered, reduced, or eliminated when the participant is eligible for medical benefits under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or an employee benefit plan maintained by a State or an agency thereof.''. (c) Construction.--(1) The amendments made by subsections (a) and (b) shall apply in determining whether a voluntary early retirement incentive plan maintained by a local educational agency (as defined in Section 14101 of the Elementary and Secondary Education Act (20 U.S.C. 8801)) or an employee benefit plan (as defined in Section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)) providing medical benefits for retired participants, was in violation of subsection (a), (b), (c), or (e) of section 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) at any time subsequent to January 1, 1996. (2) No inference may be drawn from the amendment made by subsection (a) as to whether a voluntary early retirement incentive plan maintained by a local educational agency constitutes, or at any time before or after the effective date of subsection (a) constituted, a defined benefit plan (as defined in Section 3(35) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(35)) for any purpose, including section 4 of the Age Discrimination in Employment Act of 1967.

Teacher Voluntary Early Retirement Incentive Act of 2001 - Amends the Age Discrimination in Employment Act of 1967 to provide that, subject to specified conditions, such Act is not violated if: (1) voluntary early retirement incentive plans (VERIPs), for employees of local educational agencies (LEAs) or institutions of higher education, reduce or eliminate supplemental benefits on the basis of the employee's age at retirement under certain conditions; or (2) retiree medical benefits of an employee benefit plan (including an LEA VERIP) are coordinated with Medicare or State employee benefit plans.

To amend the Age Discrimination in Employment Act of 1967 with respect to voluntary early retirement benefits and medical benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Act of 1997''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the fifth and fourteenth amendments to the Constitution guarantee that all individuals are entitled to equal protection of the laws, regardless of race, color, national origin, or sex; (2) the Supreme Court, in Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995), recently affirmed that this guarantee of equality applies to Federal actions; (3) the Federal Government currently conducts over 150 programs, including contracting programs, that grant preferences based on race, color, national origin, or sex; and (4) the Federal Government also grants preferences in employment based on race, color, national origin, or sex. (b) Purpose.--The purpose of this Act is to provide for equal protection of the laws and to prohibit discrimination and preferential treatment in the Federal Government on the basis of race, color, national origin, or sex. SEC. 3. PROHIBITION AGAINST DISCRIMINATION AND PREFERENTIAL TREATMENT. Notwithstanding any other provision of law, neither the Federal Government nor any officer, employee, or agent of the Federal Government shall-- (1) intentionally discriminate against, or grant a preference to, any person or group based in whole or in part on race, color, national origin, or sex, in connection with-- (A) a Federal contract or subcontract; (B) Federal employment; or (C) any other federally conducted program or activity; or (2) require or encourage a Federal contractor or subcontractor, or the recipient of a license or financial assistance, to discriminate intentionally against, or grant a preference to, any person or group based in whole or in part on race, color, national origin, or sex, in connection with any Federal contract or subcontract or Federal license or financial assistance. SEC. 4. AFFIRMATIVE ACTION PERMITTED. This Act does not prohibit or limit any effort by the Federal Government or any officer, employee, or agent of the Federal Government-- (1) to encourage businesses owned by women and minorities to bid for Federal contracts or subcontracts, to recruit qualified women and minorities into an applicant pool for Federal employment, or to encourage participation by qualified women and minorities in any other federally conducted program or activity, if such recruitment or encouragement does not involve granting a preference, based in whole or in part on race, color, national origin, or sex, in selecting any person for the relevant employment, contract or subcontract, benefit, opportunity, or program; or (2) to require or encourage any Federal contractor, subcontractor, or recipient of a Federal license or Federal financial assistance to recruit qualified women and minorities into an applicant pool for employment, or to encourage businesses owned by women and minorities to bid for Federal contracts or subcontracts, if such requirement or encouragement does not involve granting a preference, based in whole or in part on race, color, national origin, or sex, in selecting any individual for the relevant employment, contract or subcontract, benefit, opportunity, or program. SEC. 5. CONSTRUCTION. (a) Historically Black Colleges and Universities.--Nothing in this Act shall be construed to prohibit or limit any act that is designed to benefit an institution that is an historically Black college or university on the basis that the institution is an historically Black college or university. (b) Indian Tribes.--This Act does not prohibit any action taken-- (1) pursuant to a law enacted under the constitutional powers of Congress relating to the Indian tribes; or (2) under a treaty between an Indian tribe and the United States. (c) Certain Sex-Based Classifications.--This Act does not prohibit or limit any classification based on sex if-- (1) the classification is applied with respect to employment and the classification would be exempt from the prohibitions of title VII of the Civil Rights Act of 1964 by reason of section 703(e)(1) of such Act (42 U.S.C. 2000e- 2(e)(1)); or (2) the classification is applied with respect to a member of the Armed Forces pursuant to statute, direction of the President or Secretary of Defense, or Department of Defense policy. (d) Immigration and Nationality Laws.--This Act does not affect any law governing immigration or nationality, or the administration of any such law. SEC. 6. COMPLIANCE REVIEW OF POLICIES AND REGULATIONS. Not later than 1 year after the date of enactment of this Act, the head of each department or agency of the Federal Government, in consultation with the Attorney General, shall review all existing policies and regulations that such department or agency head is charged with administering, modify such policies and regulations to conform to the requirements of this Act, and report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate the results of the review and any modifications to the policies and regulations. SEC. 7. REMEDIES. (a) In General.--Any person aggrieved by a violation of section 3 may, in a civil action, obtain appropriate relief (which may include back pay). A prevailing plaintiff in a civil action under this section shall be awarded a reasonable attorney's fee as part of the costs. (b) Construction.--This section does not affect any remedy available under any other law. SEC. 8. EFFECT ON PENDING MATTERS. (a) Pending Cases.--This Act does not affect any case pending on the date of enactment of this Act. (b) Pending Contracts and Subcontracts.--This Act does not affect any contract or subcontract in effect on the date of enactment of this Act, including any option exercised under such contract or subcontract before or after such date of enactment. SEC. 9. DEFINITIONS. In this Act, the following definitions apply: (1) Federal government.--The term ``Federal Government'' means executive and legislative branches of the Government of the United States. (2) Preference.--The term ``preference'' means an advantage of any kind, and includes a quota, set-aside, numerical goal, timetable, or other numerical objective. (3) Historically black college or university.--The term ``historically Black college or university'' means a part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).

Civil Rights Act of 1997 - Prohibits discrimination or preferences in Federal employment and contracting and other Federal programs and activities on the basis of race, color, national origin, or sex. Prohibits requiring or encouraging any Federal contractor or subcontractor to so discriminate or grant a preference. Declares that this Act does not prohibit or limit encouraging contract bidding, recruiting employees, encouraging participation in other programs or activities or requiring or encouraging Federal contractors, subcontractors, or recipients of Federal licenses or financial assistance to so recruit or encourage, if the recruiting or encouraging does not involve granting a preference. Prohibits construing this Act to prohibit or limit: (1) any act designed to benefit historically Black colleges or universities; or (2) any action under a Federal law or treaty relating to the Indian tribes. Declares that this Act does not prohibit or limit employment classifications based on sex if sex is a bona fide occupational qualification reasonably necessary to normal operation or the classification is applied regarding an armed forces member. Allows any aggrieved person to obtain, in a civil action, appropriate relief (including back pay). Requires awarding a prevailing plaintiff attorney's fees as part of the costs.

Civil Rights Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Discovery Trails Act of 2015''. SEC. 2. NATIONAL TRAILS SYSTEM ACT AMENDMENTS. (a) National Discovery Trails.--Section 3(a) of the National Trails System Act (16 U.S.C. 1242(a)) is amended by inserting after paragraph (4) the following: ``(5) National discovery trails, established under section 5, which-- ``(A) shall be extended, continuous, interstate trails so located as to provide for outstanding outdoor recreation and travel and to connect representative examples of America's trails and communities; ``(B) should provide for the conservation and enjoyment of significant natural, cultural, and historic resources associated with each trail and should be so located as to represent metropolitan, urban, rural, and back country regions of the Nation; ``(C) may be designated on Federal lands and, with the consent of the owner thereof, on any non-Federal lands; and ``(D) shall not be construed to modify, enlarge, or diminish any authority of the Federal, State, or local governments to regulate any use of land as provide for by law or regulation.''. (b) Designation of the American Discovery Trail as a National Discovery Trail.--Section 5(a) of such Act (16 U.S.C. 1244(a)) is amended by adding at the end the following: ``(__) The American Discovery Trail, a trail of approximately 6,000 miles extending from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, extending westward through Delaware, Maryland, the District of Columbia, West Virginia, Ohio, and Kentucky, where near Cincinnati it splits into two routes. The Northern Midwest route traverses Ohio, Indiana, Illinois, Iowa, Nebraska, and Colorado, and the Southern Midwest route traverses Indiana, Illinois, Missouri, Kansas, and Colorado. After the two routes rejoin in Denver, Colorado, the route continues through Colorado, Utah, Nevada, and California. The trail is generally described in Volume 2 of the National Park Service feasibility study dated June 1995 which shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior, the District of Columbia. The American Discovery Trail shall be administered by the Secretary of the Interior in cooperation with at least one competent trailwide volunteer-based organization and other affected Federal land managing agencies, and State and local governments, as appropriate. No lands or interests outside the exterior boundaries of federally administered areas may be acquired by the Federal Government solely for the American Discovery Trail. The provisions of sections 7(e), 7(f), and 7(g) shall not apply to the American Discovery Trail.''. (c) Comprehensive National Discovery Trail Plan.--Section 7 of such Act (16 U.S.C. 1246) is further amended by adding at the end the following new subsection: ``(l)(1) For purposes of subsection (5)(b), a trail shall not be considered feasible and desirable for designation as a national discovery trail unless it meets all of the following criteria: ``(A) The trail must link one or more areas within the boundaries of a metropolitan area (as those boundaries are determined under section 134(c) of title 23, United States Code). It should also join with other trails, connecting the National Trails System to significant recreation and resources areas. ``(B) The trail must be supported by at least one competent trailwide volunteer-based organization. Each trail should have extensive local and trailwide support by the public, by user groups, and by affected State and local governments. ``(C) The trail must be extended and pass through more than one State. At a minimum, it should be a continuous, walkable route. ``(2) The appropriate Secretary for each national discovery trail shall administer the trail in cooperation with at least one competent trailwide volunteer-based organization. Where the designation of discovery trail is aligned with other units of the National Trails System, or State or local trails, the designation of a discovery trail shall not affect the protections or authorities provided for the other trail or trails, nor shall the designation of a discovery trail diminish the values and significance for which those trails were established. Not later than three complete fiscal years after the date of the enactment of any law designating a national discovery trail, the appropriate Secretary shall submit a comprehensive plan for the protection, management, development, and use of the trail, to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The responsible Secretary shall ensure that the comprehensive plan for the entire trail does not conflict with existing agency direction and shall consult with the affected land managing agencies, the Governors of the affected States, affected county and local political jurisdictions, and local organizations maintaining components of the trail. Components of the comprehensive plan include-- ``(A) policies and practices to be observed in the administration and management of the trail, including the identification of all significant natural, historical, and cultural resources to be preserved, model agreements necessary for joint trail administration among and between interested parties, and an identified carrying capacity for critical segments of the trail and a plan for their implementation where appropriate; ``(B) general and site-specific trail-related development including costs; and ``(C) the process to be followed by the volunteer-based organization, in cooperation with the appropriate Secretary, to implement the trail marking authorities in subsection (c) conforming to approved trail logo or emblem requirements. Nothing in this Act may be construed to impose or permit the imposition of any landowner on the use of any non-Federal lands without the consent of the owner thereof. Neither the designation of a national discovery trail nor any plan relating thereto shall affect or be considered in the granting or denial of a right of way or any conditions relating thereto.''. SEC. 3. CONFORMING AMENDMENTS. The National Trails System Act is amended-- (1) in section 2(b) (16 U.S.C. 1241(b)), by striking ``scenic and historic'' and inserting ``scenic, historic, and discovery''; (2) in the section heading to section 5 (16 U.S.C. 1244), by striking ``and national historic'' and inserting ``, national historic, and national discovery''; (3) in section 5(a) (16 U.S.C. 1244(a)), in the matter preceding paragraph (1)-- (A) by striking ``and national historic'' and inserting ``, national historic, and national discovery''; and (B) by striking ``and National Historic'' and inserting ``, National Historic, and National Discovery''; (4) in section 5(b) (16 U.S.C. 1244(b)), in the matter preceding paragraph (1), by striking ``or national historic'' and inserting ``, national historic, or national discovery''; (5) in section 5(b)(3) (16 U.S.C. 1244(b)(3)), by striking ``or national historic'' and inserting ``, national historic, or national discovery''; (6) in section 7(a)(2) (16 U.S.C. 1246(a)(2)), by striking ``and national historic'' and inserting ``, national historic, and national discovery''; (7) in section 7(b) (16 U.S.C. 1246(b)), by striking ``or national historic'' each place such term appears and inserting ``, national historic, or national discovery''; (8) in section 7(c) (16 U.S.C. 1246(c))-- (A) by striking ``scenic or national historic'' each place it appears and inserting ``scenic, national historic, or national discovery''; (B) in the second proviso, by striking ``scenic, or national historic'' and inserting ``scenic, national historic, or national discovery''; and (C) by striking ``, and national historic'' and inserting ``, national historic, and national discovery''; (9) in section 7(d) (16 U.S.C. 1246(d)), by striking ``or national historic'' and inserting ``national historic, or national discovery''; (10) in section 7(e) (16 U.S.C. 1246(e)), by striking ``or national historic'' each place such term appears and inserting ``, national historic, or national discovery''; (11) in section 7(f)(2) (16 U.S.C. 1246(f)(2)), by striking ``National Scenic or Historic Trail'' and inserting ``national scenic, historic, or discovery trail''; (12) in section 7(h)(1) (16 U.S.C. 1246(h)(1)), by striking ``or national historic'' and inserting ``national historic, or national discovery''; and (13) in section 7(i) (16 U.S.C. 1246(i)), by striking ``or national historic'' and inserting ``national historic, or national discovery''.

National Discovery Trails Act of 2015 Amends the National Trails System Act to establish as part of the national trails system national discovery trails, which shall be extended, continuous interstate trails located to provide for outdoor recreation and travel and to connect representative examples of America's trails and communities. Authorizes the designation of such trails on federal lands and, with the owner's consent, on non-federal lands. Designates as a national discovery trail the 6,000-mile American Discovery Trail extending from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, splitting into northern and southern routes at Cincinnati, Ohio, and rejoining at Denver, Colorado. Sets forth requirements for designation of a trail as a national discovery trail. Requires the appropriate Department for each national discovery trail to: (1) administer the trail in cooperation with a competent trailwide volunteer-based organization; and (2) submit a comprehensive plan for the trail's protection, management, development, and use.

National Discovery Trails Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Credit Reporting Act Amendments of 2001''. SEC. 2. FREE CREDIT REPORT ANNUALLY UPON REQUEST OF CONSUMER. (a) Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following new subsection: ``(c) Free Credit Report Annually Upon Request of Consumer.--Upon the request of any consumer, each consumer reporting agency shall make all disclosures pursuant to section 609 without charge to such consumer at least once each calendar year.''. (b) Technical and Conforming Amendment.--Section 612(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681j(a)(1)) is amended by striking ``(c), and (d)'' and inserting ``(c), (d), and (e)''. SEC. 3. DISCLOSURE OF WORLD WIDE WEB SITE. Section 609(c)(1)(B) of the Fair Credit Reporting Act (15 U.S.C. 1681(c)(1)(B)) is amended by inserting ``and information sufficient to allow the consumer to contact the agency, or request a consumer report relating to the consumer from the agency, through the Internet or the World Wide Web'' before the period at the end. SEC. 4. DISCLOSURE OF CREDIT SCORES AND EXPLANATION OF CREDIT SCORES. Section 609(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681g(a)(1)) is amended to read as follows: ``(1) All information in the consumer's file at the time of the request, including any information concerning credit scores or any other risk scores or predictors relating to the consumer, together with-- ``(A) a clear and concise summary of how the scores and predictors are derived; ``(B) the factors taken into account in deriving a score or predictor; ``(C) how such factors are applied to the consumer; ``(D) the relative weight given to each factor; and ``(E) the manner and extent to which such factors raise or lower the score or predictor.'' SEC. 5. SHORTER PERIOD FOR INCLUSION OF SMALL DEBTS UNDER CERTAIN CIRCUMSTANCES. Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended by adding at the end the following new paragraph: ``(6) Notwithstanding paragraph (4), any account placed for collection or charged to profit and loss in which the amount placed to collection or charged to profit and loss did not exceed $100 and which antedates the report by more than 3 years, if-- ``(A) the consumer to whom the report relates completed a credit and financial management class during such 3-year period; and ``(B) the consumer has not previously had an account excluded from paragraph (4) by virtue of this paragraph.''. SEC. 6. PROMPT INVESTIGATION AND CORRECTION OR DELETION OF INACCURATE, INCOMPLETE, OR UNVERIFIABLE CONSUMER INFORMATION. (A) Review and Monitoring Required.--The Board of Governors of the Federal Reserve System and the Federal Trade Commission shall each review and monitor the extent to which, and the manner in which, consumer reporting agencies and furnishers of consumer information to consumer reporting agencies are complying with the procedures, time lines, and requirements under the Fair Credit Reporting Act for the prompt investigation of the disputed accuracy of any consumer information and the prompt correction or deletion, in accordance with such Act, of any inaccurate or incomplete information or information that cannot be verified. (b) Report Required.--Before the end of the 6-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System and the Federal Trade Commission shall each submit a progress report to the Congress on the results of the review required under subsection (a). (c) Recommendations.--The report under subsection (b) shall include such recommendations as the Board and the Commission determine to be appropriate for legislative or administrative action to ensure that-- (1) consumer disputes with consumer reporting agencies over the accuracy or completeness of information in a consumer's file are promptly and fully investigated and any incorrect, incomplete, or unverifiable information is immediately corrected or deleted; (2) furnishers of information to consumer reporting agencies maintain full and prompt compliance with the duties and responsibilities established under section 623 of the Fair Credit Reporting Act; and (3) consumer reporting agencies establish and maintain appropriate internal controls and management review procedures for maintaining full and continuous compliance with the procedures, time lines, and requirements under the Fair Credit Reporting Act for the prompt investigation of the disputed accuracy of any consumer information and the prompt correction or deletion, in accordance with such Act, of any inaccurate or incomplete information or information that cannot be verified. (d) Definitions.--For purposes of this section, the terms ``consumer'', ``consumer report'', and ``consumer reporting agency'' have the same meaning as in the Fair Credit Reporting Act. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act.

Fair Credit Reporting Act Amendments of 2001 - Amends the Fair Credit Reporting Act (FCRA) to mandate that, upon consumer request, a consumer reporting agency: (1) furnish an annual credit report free of charge; and (2) disclose credit risk scores or other predictors contained in the consumer's file, including the factors and relative weights taken into account, and the extent to which such factors raise or lower the score or predictor. (Currently such scores are exempted from disclosure.)Prohibits the inclusion of certain small debts in a consumer report under specified circumstances.Directs the Board of Governors of the Federal Reserve System and the Federal Trade Commission to: (1) monitor and review the extent to which consumer reporting agencies and purveyors of information to such agencies comply with FCRA requirements for the prompt investigation of matters in dispute and the prompt correction of inaccurate or incomplete information, or information that cannot be verified; and (2) present a progress report to Congress.

To amend the Fair Credit Reporting Act to protect consumers from the adverse consequences of incomplete and inaccurate consumer credit reports, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Offshore Renewable Energy Development Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States needs additional sources of renewable energy in order to address the problems of climate change, meet renewable energy portfolio standards, diversify our energy mix, and become more energy independent. The development of a diverse supply of energy and additional alternatives to foreign fuels is important for our national security. (2) The coastal waters of the United States possess significant offshore wave, tidal, and wind energy resources. The National Renewable Energy Laboratory has stated that these wind, wave and tide, and ocean-based sources of energy possess over 50 percent of America's total renewable energy potential. (3) The Department of Energy estimates that more than 900,000 megawatts (MW) of potential renewable energy exists off the coasts of the United States. This amount of energy is roughly the total current United States-installed electrical capacity of the entire country, and most of this energy is located near major population centers, where energy costs are high. 900,000 megawatts of offshore wind generation capacity would produce about 3,547,800,000 megawatt hours of electricity each year. This is the same amount of energy as is contained in 1,927,042,446 barrels of oil, or about 25 percent of total oil consumption in the United States each year. (4) Offshore wind energy alone has the potential to produce about 3,548 billion kilowatt-hours of electricity per year, which is 87 percent of the electricity generated in the United States in 2006. Slightly more than half of the country's identified offshore renewable energy is located off the New England and Mid-Atlantic Coasts. (5) Approximately 90 percent of the 900,000 MW of potential offshore wind energy is located in Federal waters, beyond 5 nautical miles from shore. Approximately 10 percent (98,000 MW) is estimated to be near shore in waters less than 30 meters deep. (6) In Europe, governments have recognized the enormous potential for offshore renewable energy, have identified sites for offshore energy, and have developed ambitious policy goals based on harnessing this resource. Germany and the other States of the European Union have been working towards a target of 12 percent renewable energy by 2010. Because this target was surpassed in 2007. On April 26, 2008, Germany announced that this target would rise to 27 percent by 2020. (7) With regard to wind energy, most of these European sites are in deeper waters where cutting-edge technology is being developed to harness these offshore wind energy resources. The current depth of existing technology is 120 feet, but newer technologies are being pilot tested for even deeper waters. (8) Offshore ocean energy development can generate hundreds of thousands of jobs. According to the Renewable Energy Policy Project, 74,000 MW of renewables, primarily from wind energy in the United States would require 380,000 new manufacturing jobs for component parts; 36,000 U.S. firms already produce similar products that could serve the growing market (9) The United States also possesses the scientific and technical capacity to generate renewable energy from the ocean, including from wave, wind, and tidal sources. Scientists and other industry experts believe that, at a minimum, the United States Government should provide a policy framework to guide the appropriate development of these resources. Such a framework is imperative for the identification of offshore sites and the rapid development of these resources in general. SEC. 3. IDENTIFICATION OF OFFSHORE SITES FOR ALTERNATIVE ENERGY FACILITIES. (a) In General.--The Secretary of Energy, in consultation with the Secretary of Commerce and State coastal zone management agencies administering coastal zone management programs approved under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), shall enter into agreements with persons described in subsection (b) providing for assessment and identification by such persons of sites in the coastal zone (as that term is defined in that Act) and in the exclusive economic zone of the United States that are appropriate for the location of facilities to generate renewable electric energy. (b) Eligibility To Perform Assessments and Identification.--The Secretary of Energy shall enter into agreements under subsection (a) only with persons who do not and will not have any direct financial interest in any offshore renewable electric energy generation project, including State agencies referred to in subsection (a), local and regional governments, and universities and other academic institutions. (c) Consistency With Coastal Zone Management Programs.--For purposes of section 307 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456), any activity for the construction, operation, or maintenance of a facility for offshore renewable electric energy generation in a location that is identified under this section as appropriate for that type of facility is deemed to be consistent with the enforceable policies of any approved State coastal zone management program of any affected coastal State. SEC. 4. OFFSHORE ELECTRIC POWER GENERATION FUND. (a) Establishment of Fund .--There is hereby established within the Treasury of the United States a trust fund to be known as the Offshore Electric Power Generation Trust Fund (hereinafter in this section referred to as the ``Fund''), consisting of such amounts as may be transferred to the Fund as provided in this section. Amounts in the Fund may be used only to finance projects approved by the Secretary of Energy under this section. (b) Transfer of Amounts.--Subject to annual appropriations, the Secretary of the Treasury shall transfer to the Fund out of the general fund of the Treasury of the United States $100,000,000 for each fiscal year after the enactment of this section. (c) Investment of Fund Moneys.-- (1) In general.--It shall be the duty of the Secretary of the Treasury to invest such portion of the Fund as is not, in the Secretary's judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obligations may be acquired on original issue at the issue price or by purchase of outstanding obligations at the market price. Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (2) Interest and proceeds.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Availability of Amounts From Fund.--From amounts available in the Fund (including any amounts not obligated in previous fiscal years), the Secretary of Energy is authorized to provide grants to private and public entities (or public-private partnerships) in the United States to stimulate the development of offshore renewable electric energy generation. The Secretary shall provide such grants only to entities that themselves provide funds on a matching basis. Such grants shall be provided for programs or projects that achieve one or more of the following objectives: (1) Technical research related to offshore energy development. (2) Planning and siting of offshore energy development projects. (3) Demonstration and pilot offshore renewable energy generation projects, particularly those which may subsequently be expanded to a commercial scale. (4) Expansion, to a commercial scale, of demonstration and pilot offshore renewable energy generation projects funded under paragraph (3). (5) Job training and career assistance under section 4. (e) Designation of Sites.--The Secretary of Energy, in consultation with the Governors of affected coastal States, and after public notice and opportunity for comment, shall designate sites throughout the coastlines of the United States that the Secretary finds provide the greatest potential for being suitable and appropriate for the development of offshore renewable energy generation. No funds may be made available under this section for the planning, siting, or development of any project that is not located in a site designated by the Secretary under this section. SEC. 5. OFFSHORE RENEWABLE ENERGY TECHNOLOGY DEVELOPMENT FUNDING. (a) Offshore Site Assessment and Planning Assistance.--There is authorized to be appropriated to the Secretary of Energy $25,000,000 to assist coastal States in planning to identify appropriate sites for offshore renewable energy projects, including sites appropriate for demonstration and testing of offshore wind, wave, and tidal energy technologies. (b) Offshore Renewable Energy Technology Development Assistance.-- There is authorized to be appropriated $160,000,000 for offshore renewable energy research and development, and technology development assistance. Funds appropriated under this subsection shall be used to promote advances in technology in collaboration with marine renewable energy centers and technology manufacturers. Such funds may also be used to provide infrastructure assistance for projects at sites that are identified under section 3, that are approved in a State's coastal zone management plan. (c) Marine Renewable Energy Centers.--There is authorized to be appropriated by the Secretary of Energy and the National Science Foundation a total of $80,000,000 to establish and support marine renewable energy centers. Funds appropriated under this subsection shall be used to facilitate private- and public-sector collaborations in offshore renewable energy. Marine renewable energy centers to which such funds are provided shall use such funds to work with State officials in planning and designation of offshore renewable energy sites, identifying economic development opportunities for affected coastal communities, and coordinating the establishment of test centers. (d) Marine Renewable Energy Testing.--There is authorized to be appropriated to the Secretary of Energy $100,000,000 to establish and support the testing and validation of offshore wave, wind, and tidal energy technologies, including wind energy blades, offshore platforms, and emerging offshore renewable energy technologies. Funds appropriated under this subsection shall be used for the development and operation of test center facilities, including in-water test sites, and for the monitoring of the performance of technologies and of environmental impacts for a period of 3 years. (e) Streamlined Permit Projects.--There is authorized to be appropriated to the Secretary of Interior $20,000,000 for streamlined permitting for individual and multiple offshore renewable energy technology demonstration sites and projects that promote closer science and technology interaction with the Department of Energy, the National Science Foundation, and other permit issuing agencies. (f) Education, Outreach, Strategic Planning and Collaboration.-- There is authorized to be appropriated to the Secretary of Energy $40,000,000 for other resources needed to address, through the National Renewable Energy Laboratory, regional strategic planning, public education, and outreach to promote a better public understanding of the benefits of offshore renewable energy and to assess large-scale project siting issues. (g) Job Training and Career Program.--The Secretary of Energy may carry out a program to provide job training and career assistance in the offshore renewable generation industry.

Offshore Renewable Energy Development Act - Directs the Secretary of Energy to enter into agreements with specified persons to assess and identify sites in the coastal zone and in the exclusive economic zone of the United States for the location of facilities to generate renewable electric energy. Restricts such agreements to persons with no direct financial interest in any offshore renewable electric energy generation project. Establishes the Offshore Electric Power Generation Trust Fund to finance projects approved by the Secretary. Authorizes the Secretary to: (1) provide grants from the Fund to domestic private and public entities to stimulate development of offshore renewable electric energy generation; and (2) implement a program to provide job training and career assistance in the offshore renewable generation industry. Authorizes appropriations to: (1) assist coastal states in planning to identify sites for offshore renewable energy projects; (2) assist offshore renewable energy research and development, including technology development; (3) establish marine renewable energy centers and the testing and validation of offshore wave, wind, and tidal energy technologies; (4) streamline permitting for renewable energy technology that promotes technology interaction with certain permit issuing agencies; (5) address, through the National Renewable Energy Laboratory, regional strategic planning, public education, and outreach to promote improved public understanding of the benefits of offshore renewable energy; and (6) assess large-scale project siting issues.

To provide for assessment and identification of sites as appropriate for the location of offshore renewable electric energy generation facilities, to provide funding for offshore renewable electric energy generation projects, and for other purposes.

SECTION 1. AUTHORITY OF TAX COURT TO APPOINT EMPLOYEES. (a) In General.--Subsection (a) of section 7471 of the Internal Revenue Code of 1986 (relating to employees) is amended to read as follows: ``(a) Appointment and Compensation.-- ``(1) Clerk.--The Tax Court may appoint a clerk without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. The clerk shall serve at the pleasure of the Tax Court. ``(2) Judge-appointed employees.-- ``(A) In general.--The judges and special trial judges of the Tax Court may appoint employees, in such numbers as the Tax Court may approve, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. Any such employee shall serve at the pleasure of the appointing judge. ``(B) Exemption from federal leave provisions.--A law clerk appointed under this subsection shall be exempt from the provisions of subchapter I of chapter 63 of title 5, United States Code. Any unused sick leave or annual leave standing to the law clerk's credit as of the effective date of this subsection shall remain credited to the law clerk and shall be available to the law clerk upon separation from the Federal Government. ``(3) Other employees.--The Tax Court may appoint necessary employees without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. Such employees shall be subject to removal by the Tax Court. ``(4) Pay.--The Tax Court may fix and adjust the compensation for the clerk and other employees of the Tax Court without regard to the provisions of chapter 51, subchapter III of chapter 53, or section 5373 of title 5, United States Code. To the maximum extent feasible, the Tax Court shall compensate employees at rates consistent with those for employees holding comparable positions in courts established under Article III of the Constitution of the United States. ``(5) Programs.--The Tax Court may establish programs for employee evaluations, incentive awards, flexible work schedules, premium pay, and resolution of employee grievances. ``(6) Discrimination prohibited.--The Tax Court shall-- ``(A) prohibit discrimination on the basis of race, color, religion, age, sex, national origin, political affiliation, marital status, or handicapping condition; and ``(B) promulgate procedures for resolving complaints of discrimination by employees and applicants for employment. ``(7) Experts and consultants.--The Tax Court may procure the services of experts and consultants under section 3109 of title 5, United States Code. ``(8) Rights to certain appeals reserved.--Notwithstanding any other provision of law, an individual who is an employee of the Tax Court on the day before the effective date of this subsection and who, as of that day, was entitled to-- ``(A) appeal a reduction in grade or removal to the Merit Systems Protection Board under chapter 43 of title 5, United States Code, ``(B) appeal an adverse action to the Merit Systems Protection Board under chapter 75 of title 5, United States Code, ``(C) appeal a prohibited personnel practice described under section 2302(b) of title 5, United States Code, to the Merit Systems Protection Board under chapter 77 of that title, ``(D) make an allegation of a prohibited personnel practice described under section 2302(b) of title 5, United States Code, with the Office of Special Counsel under chapter 12 of that title for action in accordance with that chapter, or ``(E) file an appeal with the Equal Employment Opportunity Commission under part 1614 of title 29 of the Code of Federal Regulations, shall continue to be entitled to file such appeal or make such an allegation so long as the individual remains an employee of the Tax Court. ``(9) Competitive status.--Notwithstanding any other provision of law, any employee of the Tax Court who has completed at least 1 year of continuous service under a non-temporary appointment with the Tax Court acquires a competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications. ``(10) Merit system principles, prohibited personnel practices, and preference eligibles.--Any personnel management system of the Tax Court shall-- ``(A) include the principles set forth in section 2301(b) of title 5, United States Code; ``(B) prohibit personnel practices prohibited under section 2302(b) of title 5, United States Code; and ``(C) in the case of any individual who would be a preference eligible in the executive branch, provide preference for that individual in a manner and to an extent consistent with preference accorded to preference eligibles in the executive branch.''. (b) Effective Date.--The amendments made by this section shall take effect on the date the United States Tax Court adopts a personnel management system after the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends the Internal Revenue Code to authorize the U.S. Tax Court to: (1) appoint a clerk of court and other necessary employees without regard to civil service provisions governing appointments in the competitive service and to fix and adjust the compensation for such employees; (2) establish programs for employee evaluations, incentive awards, flexible work schedules, premium pay, and resolution of employee grievances; and (3) hire experts and consultants. Requires the Court's personnel management system to incorporate existing merit system principles and employee appeal rights, prohibit employment discrimination and prohibited personnel practices, and provide appropriate preference in hiring. Authorizes the judges and special trial judges of such Court to appoint their own employees, including law clerks, without regard to civil service provisions governing appointments in the competitive service.

An act to amend the Internal Revenue Code of 1986 to authorize the tax court to appoint employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Border Trade Facilitation Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The United States and Canada share the longest undefended border in the world. (2) The United States and Canada enjoy the world's largest bilateral trading relationship, and that relationship is continuing to expand. Two-way trade between the United States and Canada has more than doubled since the United States-Canada Free Trade Agreement was implemented, increasing from $153,000,000,000 in 1988 to $320,000,000,000 in 1997. (3) On February 24, 1995, the United States and Canada agreed to the Canada/United States of America Accord on Our Shared Border (in this Act referred to as the ``Shared Border Accord'') to promote common objectives along the border, including-- (A) facilitating the movement of commercial goods and people between both countries; (B) reducing the costs of border management; and (C) enhancing protections against drugs, smuggling, and the illegal and irregular movement of people. (4) The Shared Border Accord has already resulted in increased harmonization, shared training, and joint facilities between United States and Canadian customs agencies. (5) Increased trade has resulted in a significant increase in merchandise entries and cross-border traffic between the United States and Canada. For example-- (A) formal entries of merchandise on the Northern border have increased sixfold from 1,000,000 in 1980 to 6,000,000 in 1997; (B) the number of individuals crossing the Northern border has more than doubled from 54,000,000 in 1989 to 112,000,000 in 1997; and (C) approximately 40,000,000 privately-owned vehicles cross the Northern land border annually. (6) The staffing and technology acquisitions of the Customs Service have not kept pace with the increased trade and traffic along the Northern border. For example-- (A) the current number of authorized United States Customs inspectors along the United States-Canadian border is essentially the same as the number employed in 1980; (B) United States Customs understaffing is the primary cause of congestion at border crossings; (C) Customs Service acquisitions of new technology for border management have been principally deployed on the Southern border despite the enormous growth in trade and traffic across the United States-Canadian border; and (D) outmoded technologies and inadequate equipment have increased congestion along the Northern border. (7) Since 1952, the Customs Service has performed preclearance activities in Canada, inspecting passengers and baggage prior to their departure from Canada rather than upon arrival in the United States. Such preclearance activities have facilitated the movement of people and merchandise across the United States-Canadian border. (8) The Customs Service has stated that it is eliminating the preclearance positions because it believes that it no longer has the statutory authority to fund the positions. (9) Loss of these positions would increase congestion and delays at United States ports as the Customs Service would require inspections to be performed in the United States, rather than abroad. (b) Purpose.--The purpose of this Act is to facilitate commerce and the movement of people and traffic across the United States-Canadian border, while maintaining enforcement, by-- (1) authorizing the funds necessary to open all of the Customs Service's primary inspection lanes along the United States-Canadian border during peak hours; (2) authorizing the funds necessary to supply the Customs Service with the appropriate advanced technology to conduct inspections along the United States-Canadian border and to participate fully in the Shared Border Accord; (3) authorizing the Customs Service to pay for preclearance positions in Canada out of the funds already being collected from passenger processing fees; and (4) authorizing the Customs Service to use a portion of the funds collected from the merchandise processing fee to develop automated commercial systems to facilitate the processing of merchandise. TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR THE UNITED STATES CUSTOMS SERVICE FOR ENHANCED INSPECTION AND TRADE FACILITATION ALONG THE UNITED STATES-CANADIAN BORDER SEC. 101. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS. In order to reduce commercial delays and congestion, open all primary lanes during peak hours at ports on the northern border, and enhance the investigative resources of the Customs Service, there are authorized to be appropriated for salaries, expenses, and equipment for the United States Customs Service for purposes of carrying out this title-- (1) $75,896,800 for fiscal year 2000; and (2) $43,931,790 for fiscal year 2001. SEC. 102. PEAK HOURS AND INVESTIGATIVE RESOURCE ENHANCEMENT FOR THE UNITED STATES-CANADA BORDER. Of the amounts authorized to be appropriated under section 101, $49,314,800 in fiscal year 2000 and $41,273,590 in fiscal year 2001 shall be for-- (1) a net increase of 375 inspectors for the United States- Canadian border, in order to open all primary lanes during peak hours and enhance investigative resources; (2) a net increase of 125 inspectors to be distributed at large cargo facilities on the United States-Canadian border as needed to process and screen cargo (including rail cargo) and reduce commercial waiting times; and (3) a net increase of 40 special agents, and 10 intelligence analysts to facilitate the activities of the additional inspectors authorized by paragraphs (1) and (2). SEC. 103. CARGO INSPECTION EQUIPMENT FOR THE UNITED STATES-CANADA BORDER. (a) Fiscal Year 2000.--Of the amounts authorized to be appropriated in fiscal year 2000 under section 101, $26,582,000 shall be available until expended for acquisition and other expenses associated with implementation and deployment of cargo inspection equipment along the United States-Canadian border as follows: (1) $3,000,000 for 4 Vehicle and Container Inspection Systems (VACIS). (2) $8,800,000 for 4 mobile truck x-rays with transmission and backscatter imaging. (3) $3,600,000 for 4 1-MeV pallet x-rays. (4) $250,000 for 50 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate. (5) $300,000 for 25 contraband detection kits to be distributed among ports based on traffic volume. (6) $240,000 for 10 portable Treasury Enforcement Communications Systems (TECS) terminals to be moved among ports as needed. (7) $400,000 for 10 narcotics vapor and particle detectors to be distributed to each border crossing based on traffic volume. (8) $600,000 for 30 fiber optic scopes. (9) $250,000 for 50 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate; (10) $3,000,000 for 10 x-ray vans with particle detectors. (11) $40,000 for 8 AM loop radio systems. (12) $400,000 for 100 vehicle counters. (13) $1,200,000 for 12 examination tool trucks. (14) $2,400,000 for 3 dedicated commuter lanes. (15) $1,050,000 for 3 automated targeting systems. (16) $572,000 for 26 weigh-in-motion sensors. (17) $480,000 for 20 portable Treasury Enforcement Communication Systems (TECS). (b) Fiscal Year 2001.--Of the amounts made available for fiscal year 2001 under section 101, $2,658,200 shall be for the maintenance and support of the equipment and training of personnel to maintain and support the equipment described in subsection (a). (c) Acquisition of Technologically Superior Equipment; Transfer of Funds.-- (1) In general.--The Commissioner of Customs may use amounts made available for fiscal year 2000 under section 101 for the acquisition of equipment other than the equipment described in subsection (a) if such other equipment-- (A)(i) is technologically superior to the equipment described in subsection (a); and (ii) will achieve at least the same results at a cost that is the same or less than the equipment described in subsection (a); or (B) can be obtained at a lower cost than the equipment described in subsection (a). (2) Transfer of funds.--Notwithstanding any other provision of this section, the Commissioner of Customs may reallocate an amount not to exceed 10 percent of the amount specified in any of paragraphs (1) through (17) of subsection (a) for equipment specified in any other of such paragraphs (1) through (17). TITLE II--ADDITIONAL PRECLEARANCE ACTIVITIES SEC. 201. CUSTOMS USER FEES. (a) Additional Preclearance Activities.--Section 13031(f)(3)(A)(iii) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)(A)(iii)) is amended to read as follows: ``(iii) to the extent funds remain available after making reimbursements under clause (ii), in providing salaries for up to 50 full-time equivalent inspectional positions to provide preclearance services.''. (b) Collection of Fees for Passengers Aboard Commercial Vessels.-- Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended-- (1) in subsection (a), by amending paragraph (5) to read as follows: ``(5)(A) Subject to subparagraph (B), for the arrival of each passenger aboard a commercial vessel or commercial aircraft from a place outside the United States (other than a place referred to in subsection (b)(1)(A)(i)), $5. ``(B) For the arrival of each passenger aboard a commercial vessel from a place referred to in subsection (b)(1)(A)(i), $1.75''; and (2) in subsection (b)(1)(A), by striking ``(A) No fee'' and inserting ``(A) Except as provided in subsection (a)(5)(B), no fee''. (c) Use of Merchandise Processing Fees for Automated Commercial Systems.--Section 13031(f) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)) is amended by adding at the end the following: ``(6) Of the amounts collected under paragraphs (9) and (10) of subsection (a), $50,000,000 shall be available to the Customs Service, subject to appropriations Acts, for automated commercial systems. Amounts made available under this paragraph shall remain available until expended.''. (d) Effective Date.--The amendments made by this section take effect 30 days after the date of enactment of this Act.

TABLE OF CONTENTS: Title I: Authorization of Appropriations for the United States Customs Service for Enhanced Inspection and Trade Facilitation Along the United States-Canadian Border Title II: Additional Preclearance Activities Northern Border Trade Facilitation Act - Title I: Authorization of Appropriations for the United States Customs Service for Enhanced Inspection and Trade Facilitation Along the United States-Canadian Border - Authorizes appropriations for the U.S. Customs Service for FY 2000 and 2001 for: (1) additional inspectors and special agents during peak hours along the U.S.-Canadian border; and (2) acquisition and deployment of cargo inspection equipment (including maintenance and support of such equipment, training of personnel, and for new technologies) along such border. Title II: Additional Preclearance Activities - Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to continue, indefinitely, the use of customs user fees (to the extent funds remain available after making certain reimbursements) for salaries for up to 50 full-time equivalent inspectional positions to provide preclearance customs services. Decreases from $6.50 to $5 the customs user fee charged to each passenger that arrives aboard a commercial vessel or commercial aircraft from a place outside the U.S. customs (except $1.75 shall be charged to each passenger aboard a commercial vessel that arrives from Canada, Mexico, a U.S. territory or possession, or an adjacent island). Earmarks a specified amount of certain customs user fees to the Customs Service for automated commercial systems. .

Northern Border Trade Facilitation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restore Fiscal Discipline and Safeguard Social Security Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) When Congress enacted the fiscal year 2002 budget resolution, it did so based on the assurance that the Government would balance the budget without relying on social security surpluses for the remainder of the decade and beyond. Congress was also assured that it would not have to act to increase the statutory debt limit until 2008. (2) The Government is projected to run on-budget deficits that will require it to spend the social security and medicare trust fund surpluses for the rest of the decade, even before additional spending for defense and homeland security is counted, and after the economy recovers and returns to strong growth. (3) The total debt is increasing because we have not kept the commitment to save the social security and medicare trust fund surpluses. The Secretary of the Treasury has formally requested that Congress increase the statutory limit on the public debt by $750 billion, from the current level of $5.95 trillion to $6.70 trillion. Congress will have to vote to raise the debt limit because we have been borrowing those trust fund surpluses to cover a deficit in the rest of the budget instead of saving them. (4) A $750 billion increase in the debt limit would be the second largest increase in history and is irresponsible in the absence of a framework to protect taxpayers from even further increases in the national debt. (5) Congress should authorize a limited increase in the debt limit to prevent a financial default, but should also work together with the President to develop a plan to restore fiscal discipline before further increasing our debt. (6) Current law provides for enforcement of budget resolutions: (A) Legislation violating discretionary spending totals set in a budget resolution or the suballocations set by the Committee on Appropriations is subject to a point of order under section 302(f) of the Congressional Budget Act of 1974. (B) Legislation reducing receipts below a budget resolution's total is subject to a point of order under section 311(a) of the Congressional Budget Act of 1974. (b) Purpose.--The purpose of this Act is-- (1) to provide a responsible, measured increase in the debt limit to ensure that the Government meets its current legal obligations; (2) effective immediately thereafter, to limit strictly the size of further increases in the debt limit until the enactment of a plan to bring the budget into balance in five years without reliance on the social security trust fund surplus, such that any larger increase in the debt limit this fall would require a plan to balance the budget in fiscal year 2007, but if this deficit reduction should prove insufficient, the restrictions are automatically reestablished by the next regular semi-annual report of the Congressional Budget Office; (3) to require that the President submit a budget plan before the end of this fiscal year to achieve balance, without reliance on the social security trust fund surplus, by fiscal year 2007; (4) as a backup and discipline for these debt limit provisions, to establish points of order against any budget resolution that does not within five years and in all subsequent years eliminate any deficits projected by the Congressional Budget Office, without reliance on the social security trust fund surplus, using the enforcement provisions in current law to require that all subsequent spending and tax legislation conform to the budget resolution's deficit-reduction plan; and (5) thereby to restore fiscal discipline and to preserve social security for future retirees. TITLE I--INCREASE IN DEBT LIMIT SEC. 101. INCREASE IN DEBT LIMIT. (a) Increase in Statutory Debt Limit.--Section 3101(b) of title 31, United States Code, is amended by striking ``$5,950,000,000,000'' and inserting ``$6,100,000,000,000''. (b) Point of Order.--(1) Effective immediately, except as provided by paragraph (2) or (3), it shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that includes any provision that increases the limit on the public debt above the limit set forth in section 3101(b) of title 31, United States Code, as in effect immediately before the date of consideration of that measure by more than $100,000,000,000. (2) Except as provided by paragraph (3), any bill or joint resolution may carry an increase in such limit of more than $100,000,000,000 only if the concurrent resolution on the budget for the budget year has been adopted and-- (A) sets forth or assumes a budget that is in on-budget balance or surplus within 4 fiscal years after the budget year and is in on-budget balance or surplus for every subsequent fiscal year covered by that resolution; and (B) does not contain any reduction in social security benefits. (3) Paragraphs (1) and (2) shall not apply in the House of Representatives or the Senate if the chairman of the Committee on the Budget of the House or of the Senate, as applicable, certifies, based on the report of the Congressional Budget Office pursuant to section 202(e)(1) or (2) of the Congressional Budget Act of 1974, whichever report is the most recent, that the budget will be in on-budget balance or surplus within 4 fiscal years after the budget year and is in on- budget balance or surplus for every subsequent fiscal year covered by that report. If legislation to extend the discretionary spending limits beyond fiscal year 2002 is enacted before the date of release of such report, the Congressional Budget Office shall assume such discretionary spending levels. Any such certification shall only have force and effect until the date of submission of the next report under either such section. SEC. 102. PRESIDENTIAL PLAN TO BALANCE THE BUDGET. (a) Presidential Plan.--The President shall submit to the Congress by September 30, 2002, a proposal to bring the budget of the Government (excluding the receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund) into balance or surplus by fiscal year 2007. (b) Sense of Congress.--It is the sense of Congress that the plan described in subsection (a) should be based on the most recent economic and technical assumptions of the Congressional Budget Office. TITLE II--CIRCUIT BREAKER TO PROTECT SOCIAL SECURITY SEC. 201. CIRCUIT BREAKER TO PROTECT SOCIAL SECURITY. (a) Circuit Breaker Points of Order.--(1) Effective January 1, 2003, whenever the most recent report of the Congressional Budget Office pursuant to section 202(e)(1) of the Congressional Budget Act of 1974 projects an on-budget deficit for any fiscal year, it shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that-- (A) sets forth or assumes an on-budget deficit for any such fiscal year that is larger than such Congressional Budget Office projection for that fiscal year; (B) sets forth or assumes a budget that is not in on-budget balance or surplus within 4 fiscal years after the budget year and is not in on-budget balance or surplus for any subsequent fiscal year covered by that resolution; or (C) contains any reduction in social security benefits. (2) Effective January 1, 2003, whenever the most recent report of the Congressional Budget Office pursuant to section 202(e)(1) of the Congressional Budget Act of 1974 projects both on-budget surpluses (or a balanced budget) and deficits for the fiscal years included in that report, it shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that-- (A) sets forth or assumes an on-budget deficit for any fiscal year for which such Congressional Budget Office projection for that fiscal year is for an on-budget surplus or balance; or (B) contains any reduction in social security benefits. (b) Suspension of Requirement During War or Low Economic Growth.-- (1) Low growth.--If the most recent of the Department of Commerce's advance, preliminary, or final reports of actual real economic growth indicate that the rate of real economic growth (as measured by real GDP) for each of the most recently reported quarter and the immediately preceding quarter is less than 1 percent, this section is suspended. (2) War.--If a declaration of war is in effect, this section is suspended.

Restore Fiscal Discipline and Safeguard Social Security Act of 2002 - Amends Federal money and finance law to increase the statutory debt limit to $6.1 trillion.Makes it out of order for the House of Representatives or the Senate to consider any bill or amendment that increases the public debt limit above the new one established by this Act by more than $100 billion, except in specified circumstances.Directs the President to submit to Congress a proposal to bring the budget of the Government (excluding the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund) into balance or surplus by FY 2007.Makes it out of order for the House or the Senate, whenever the most recent CBO report projects an on-budget deficit for any fiscal year, to consider any concurrent resolution on the budget that: (1) sets forth or assumes an on-budget deficit for any such fiscal year larger than such projection; (2) sets forth or assumes a budget that is not in on-budget balance or surplus within four fiscal years, and is not in on-budget balance or surplus for any covered subsequent fiscal year; or (3) contains any reduction in social security benefits.Makes it out of order for the House or the Senate, whenever the most recent CBO report projects both on-budget surpluses (or a balanced budget) and deficits for the fiscal years concerned, to consider any concurrent resolution on the budget that: (1) sets forth or assumes an on-budget deficit for any fiscal year for which the CBO projection is for an on-budget surplus or balance; or (2) contains any reduction in social security benefits.Suspends such requirements during war or low economic growth.

To provide a responsible increase in the debt limit, restore fiscal discipline, and safeguard Social Security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Homeowners from Foreclosure Act of 2010''. SEC. 2. FORECLOSURE MEDIATION GRANT PROGRAM. (a) Establishment.--The Secretary of Housing and Urban Development (in this section referred to as the ``Secretary'') shall carry out a program to make competitive grants to States and units of local government to establish mediation programs that assist mortgagors under home mortgages facing foreclosure on such mortgages. (b) Foreclosure Mediation Program Requirements.--Amounts from a grant under this section may be used only for costs of a foreclosure mediation program that provides as follows: (1) Scope.-- (A) State grantees.--In the case of a grant under this section to a State, the program shall be carried out in at least one unit of local government within such State. (B) Local government grantees.--In the case of a grant made to a unit of local government, the program shall be carried out in such unit of local government. (2) Applicability.--The program shall apply to-- (A) any mortgagee that, after the expiration of the 90-day period beginning upon receipt, by the grant recipient, of amounts from a grant under this section, initiates a foreclosure proceeding on a home mortgage for a mortgaged home that is located in the jurisdiction within which such program is being carried out, pursuant to paragraph (1); and (B) any mortgagor under such a home mortgage who is subject to a foreclosure proceeding. (3) Referral to attorney or housing counselor.--The program shall provide the mortgagor with a referral and contact information for a paid or pro bono attorney, or a housing counselor certified by the Secretary. (4) Required meeting and mediation.--The program shall require that, as soon as is practicable after the initiation of a foreclosure proceeding on a home mortgage or a mortgagee has provided the required foreclosure notice on a home mortgage to the mortgagor in accordance with applicable State or local law, as applicable, and, in any event, before entry of any foreclosure judgment on or foreclosure sale for, as applicable, the home mortgage-- (A) any representative obtained by the mortgagor (including a representative obtained pursuant to a referral under paragraph (3)) shall meet with the mortgagor; and (B) the mortgagee shall conduct, consistent with any applicable State or local law, a mediation conference that-- (i) is held to resolve issues relating to the foreclosure, with the aim of avoiding the foreclosure, through mediation; (ii) is held in an appropriate court in the jurisdiction of the grant recipient or, in the case of jurisdiction that does not provide for judicial foreclosure, such other appropriate venue; (iii) involves the participation of a neutral, third party mediator selected by the court or the administrator of the foreclosure mediation program; and (iv) is attended by-- (I) the mortgagee or, if the mortgagee or an agent of the mortgagee having authority to execute a settlement of all matters relating to the mortgage is immediately accessible by telephone, by a representative of the mortgagee; and (II) the mortgagor, or any representative obtained by the mortgagor (including a representative obtained pursuant to a referral under paragraph (3)), or both. If the mortgagor fails to attend the conference, the requirement under this paragraph for a mediation conference shall be deemed to be satisfied upon verification by the administrator of the mediation program that the required foreclosure notice has been provided and issuance by such administrator of an order authorizing initiation of such foreclosure proceeding. (5) Outreach.--The grant recipient shall establish an outreach program to raise homeowner awareness of the existence of the foreclosure mediation program. Such outreach program shall include providing access to information regarding the foreclosure mediation program through a telephone hotline or a World Wide Web site, or both. (c) Selection of Grant Recipients.--The Secretary shall select applicants to receive grants under this section under a competition based on selection criteria that the Secretary shall establish by regulation. (d) Recordkeeping.--Each grant recipient shall maintain a record of the outcome of each mediation conference carried out under the mediation program assisted with the grant amounts, including the nature of any loan modification made as a result of participation in the mediation program. (e) Definitions.--For purposes of this Act, the following definitions shall apply: (1) Foreclosure proceeding.--The term ``foreclosure proceeding'' means any proceeding or procedure under applicable law, including judicial and non-judicial procedures, including a sheriff sale, to foreclose on a home mortgage. (2) Home mortgage.--The term ``home mortgage'' means a mortgage loan, repayment of which is secured by an interest in a one- to four-family residence that is the principal residence of the mortgagor. (3) Grant recipient.--The term ``grant recipient'' means a State or unit of local government that receives grant amounts under this section. (4) Mortgaged home.--The term ``mortgaged home'' means, with respect to a home mortgage, the residence that is subject to the interest that secures repayment of the home mortgage. (5) Required foreclosure notice.--The term ``required foreclosure notice'' means any initial notice that is required under the law of a State to be submitted to the mortgagor under a residential mortgage as a condition precedent to foreclosure on such mortgage. (6) State.--The term ``State'' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. (f) Authorization of Appropriations.--There is authorized to be appropriated for grants under this section such sums as may be necessary for each of fiscal years 2011 through 2015. (g) Regulations.--The Secretary of Housing and Urban Development shall issue any regulations necessary to carry out this section.

Preventing Homeowners from Foreclosure Act of 2010 - Directs the Secretary of Housing and Urban Development (HUD) to implement a competitive grants program for states and local governmental entities to establish mediation programs to assist mortgagors under home mortgages facing foreclosure on such mortgages. Requires the program to provide the mortgagor with a referral and contact information for a paid or pro bono attorney or a HUD-certified housing counselor. Requires grant recipients to establish an outreach program to raise homeowner awareness of the existence of the foreclosure mediation program, including a telephone hotline, a World Wide Web site, or both.

To authorize the Secretary of Housing and Urban Development to provide grants to State and local governments to carry out programs to provide mediation between mortgagees and mortgagors facing foreclosure.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Support Our Start-Ups Act''. SEC. 2. NEW BUSINESS EXPENDITURES. (a) In General.--Subsections (a) and (b) of section 195 of the Internal Revenue Code of 1986 are both amended by inserting ``and organizational'' after ``start-up'' each place it appears. (b) Organizational Expenditures.--Subsection (c) of section 195 of such Code is amended by adding at the end the following new paragraph: ``(3) Organizational expenditures.--The term `organizational expenditures' means any expenditure which-- ``(A) is incident to the creation of a corporation or a partnership, ``(B) is chargeable to capital account, and ``(C) is of a character which, if expended incident to the creation of a corporation or a partnership having a limited life, would be amortizable over such life.''. (c) Dollar Amounts.--Clause (ii) of section 195(b)(1)(A) of such Code is amended-- (1) by striking ``$5,000'' and inserting ``$20,000'', and (2) by striking ``$50,000'' and inserting ``$120,000''. (d) Amortization Treatment.--Subparagraph (B) of section 195(b)(1) of such Code, as amended by subsection (a), is amended to read as follows: ``(B) the remainder of such start-up and organizational expenditures shall be charged to capital account and allowed as an amortization deduction determined by amortizing such expenditures ratably over the 15-year period beginning with the midpoint of the taxable year in which the active trade or business begins.''. (e) Conforming Amendments.-- (1) Section 195(b)(1) of such Code is amended-- (A) by inserting ``(or, in the case of a partnership, the partnership elects)'' after ``If a taxpayer elects'', and (B) by inserting ``(or the partnership, as the case may be)'' after ``the taxpayer'' in subparagraph (A). (2) Section 195(b)(2) of such Code is amended-- (A) by striking ``amortization period.--In any case'' and inserting the following: ``amortization period.-- ``(A) In general.--In any case'', and (B) by adding at the end the following new subparagraph: ``(B) Special partnership rule.--In the case of a partnership, subparagraph (A) shall be applied at the partnership level.''. (3) Section 195(b) of such Code is amended by striking paragraph (3). (4)(A) Part VIII of subchapter B of chapter 1 of such Code is amended by striking section 248 (and by striking the item relating to such section in the table of sections for such part). (B) Section 56(g)(4)(D)(ii) of such Code is amended by striking ``Sections 173 and 248'' and inserting ``Section 173''. (C) Section 170(b)(2)(C)(ii) of such Code is amended by striking ``(except section 248)''. (D) Section 312(n)(3) of such Code is amended by striking ``Sections 173 and 248'' and inserting ``Section 173''. (E) Section 535(b)(3) of such Code is amended by striking ``(except section 248)''. (F) Section 545(b)(3) of such Code is amended by striking ``(except section 248)''. (G) Section 834(c)(7) of such Code is amended by striking ``(except section 248)''. (H) Section 852(b)(2)(C) of such Code is amended by striking ``(except section 248)''. (I) Section 857(b)(2)(A) of such Code is amended by striking ``(except section 248)''. (J) Section 1363(b) of such Code is amended by inserting ``and'' at the end of paragraph (2), by striking paragraph (3), and by redesignating paragraph (4) as paragraph (3). (K) Section 1375(b)(1)(B)(i) of such Code is amended by striking ``(other than the deduction allowed by section 248, relating to organization expenditures)''. (5) Part I of subchapter K of chapter 1 of such Code is amended by striking section 709 (and by striking the item relating to such section in the table of sections for such part). (6) The heading of section 195 of such Code (and the item relating to such section in the table of sections for part VI of subchapter B of chapter 1 of such Code) are each amended by inserting ``and organizational'' after ``Start-up''. (f) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred in taxable years beginning after December 31, 2015.

Support Our Start-Ups Act This bill amends the Internal Revenue Code to extend the tax deduction for new business expenditures to organizational expenditures, generally defined as expenditures incident to the creation of a corporation or a partnership. The bill also increases the maximum deduction amount for start-up and organizational expenditures from $5,000 to $20,000 and increases from $50,000 to $120,000 the threshold amount after which the maximum deduction amount for such expenditures is reduced.

Support Our Start-Ups Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Policing Assistance Act of 1993''. SEC. 2. COMMUNITY POLICING; COP ON THE BEAT. (a) In General.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended-- (1) by redesignating part Q as part R; (2) by redesignating section 1701 as 1801; and (3) by inserting after part P the following new part: ``PART Q-COMMUNITY POLICING; COP ON THE BEAT ``SEC. 1701. GRANT AUTHORIZATION. ``(a) Grant Projects.--The Director of the Bureau of Justice assistance may make grants to units of local government and community groups in economically distressed central cities to establish or expand cooperative efforts between police and community for purposes of increasing police presence in the community, including-- ``(1) developing innovative neighborhood-oriented policing programs; ``(2) providing new technologies to reduce the amount of time officers spend processing cases instead of patrolling the community or problem solving in the community; ``(3) purchasing equipment to improve communications between officers and the community and to improve the collection, analysis, and use of information about crime- related community problems; ``(4) developing policies that reorient police emphasis from reacting to crime to preventing crime; ``(5) creating decentralized police substations throughout the community where officers can be permanently assigned to gain community confidence and support so as to encourage interaction and cooperation between the public and law enforcement personnel on the local level; ``(6) providing training in problem solving for community crime problems; ``(7) providing training in cultural differences for law enforcement officials; ``(8) developing community-based crime prevention programs, such as safety programs for senior citizens, community anticrime groups, and other anticrime awareness programs; ``(9) developing crime prevention programs in communities which have experienced a recent increase in gang-related violence; and ``(10) developing projects following the model under subsection (b). ``(b) Model Project.--The Director shall develop a written model that informs community members regarding-- ``(1) how to identify the existence of a drug or gang house; ``(2) what civil remedies, such as public nuisance violations and civil suits in small claims court, are available; and ``(3) what mediation techniques are available between community members and individuals who have established a drug or gang house in such community. ``SEC. 1702. APPLICATION. ``(a) In General.--(1) To be eligible to receive a grant under this part, a chief executive of a unit of local government, a duly authorized representative of a combination of local governments within a geographic region, or a community group shall submit an application to the Director in such form and containing such information as the Director may reasonably require. ``(2) In such application, one office or agency (public, private, or nonprofit) shall be designated as responsible for the coordination, implementation, administration, accounting, and evaluation of services described in the application. ``(b) General Contents.--Each application under subsection (a) shall include-- ``(1) a request for funds available under this part for the purposes described in section 1701; ``(2) a description of the areas and populations to be served by the grant; and ``(3) an assurance that Federal funds received under this part shall be used to supplement, not supplant non-Federal funds that would otherwise be available for activities funded under this part. ``(c) Comprehensive Plan.--Each application shall include a comprehensive plan which contains-- ``(1) a description of the crime problems within the areas targeted for assistance; ``(2) a description of the projects to be developed; ``(3) a description of the resources available in the community to implement the plan together with a description of the gaps in the plan that cannot be filled with existing resources; ``(4) an explanation of how the requested grant shall be used to fill those gaps; ``(5) a description of the system the applicant shall establish to prevent and reduce crime problems; and ``(6) an evaluation component, including performance standards and quantifiable goals the applicant shall use to determine project progress, and the data the applicant shall collect to measure progress toward meeting project goals. ``(d) Particular Applications.-- ``(1) Application of a law enforcement agency seeking a grant to establish a community policing program.--In addition to meeting the requirements of subsections (a), (b), (c), an application of a law enforcement agency seeking a grant to establish a community policing program shall-- ``(A) propose a project that has as its primary goal the establishment of a community-centered police patrol or beat through-- ``(i) the staffing of a neighborhood police substation where police officers are assigned for periods of at least 18 months; or ``(ii) the establishment of a community police patrol made up of a cadre of police officers assigned to a neighborhood for periods of at least 18 months; and ``(B)(i) demonstrate community support for a neighborhood community police patrol; or ``(ii) set forth in detail a plan for forming a community/police partnership to target crime. ``(2) Application of a law enforcement agency seeking a grant to expand a community policing program.--In addition to meeting the requirements of subsections (a), (b), (c), an application of a law enforcement agency seeking a grant to expand a community police program through development of a community centered project shall-- ``(A) provide evidence that there is community support for the project; and ``(B) describe how the project will promote the goals of the community policing program. ``(3) Application of a community group seeking a grant to expand or establish a community policing program.--In addition to meeting the requirements of subsections (a), (b), (c), an application of a community group seeking a grant to expand or establish a community policing program shall-- ``(A) describe how the community group intends to work with the police; and ``(B) demonstrate police support for the project. ``SEC. 1703. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS. ``(a) Allocation.--The Director shall allocate not less than 75 percent of the funds available under this part to units of local government or combinations of such units and not more than 20 percent of the funds available under this part to community groups. ``(b) Administrative Cost Limitation.--The Director shall use not more than 5 percent of the funds available under this part for the purposes of administration, technical assistance, and evaluation. ``(c) Renewal of Grants.--A grant under this part may be renewed for up to 2 additional years after the first fiscal year during which the recipient receives its initial grant, subject to the availability of funds, if the director determines that the funds made available to the recipient during the previous year were used in a manner required under the approved application and if the recipient can demonstrate significant progress toward achieving the goals of the plan required under section 1702(c). ``(d) Federal Share.--The Federal share of a grant made under this part may not exceed 75 percent of the total cost of the projects described in the application submitted under section 1702 for the fiscal year for which the projects receive assistance under this part. ``SEC. 1704. AWARD OF GRANTS. ``(a) Selection of Recipients.--The Director shall consider the following factors in awarding grants to units of local government or combinations of such units under this part: ``(1) Need and ability.--Demonstrated need and evidence of the ability to provide the services described in the plan required under section 1702(c). ``(2) Community-wide response and support.--Evidence of community support for the project and evidence of the ability to coordinate community-wide response to crime. ``(3) Maintain program.--The ability to maintain a program to control and prevent crime after funding under this part is no longer available. ``(b) Geographic Distribution.--The Director shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards. ``SEC. 1705. REPORTS. ``(a) Report to Director.--Recipients who receive funds under this part shall submit to the Director not later than March 1 of each year a report that describes progress achieved in carrying out the plan required under section 1702(c). ``(b) Report to Congress.--The Director shall submit to the Congress a report by October 1 of each year that shall contain a detailed statement regarding grant awards, activities of grant recipients, and an evaluation of projects established under this part. ``SEC. 1706. DETERMINATION OF NEED ADJUSTED PER CAPITA INCOME. The Secretary of Housing and Urban Development shall determine the need adjusted per capita income for each city that meets the requirements of subparagraphs (A) and (B) of section 1707(3) under the following formula: (1) Determination of need index.-- (A) For purposes of this section, the term ``need index'' means the number equal to the quotient of-- (i) the term ``N'', as determined under subparagraph (B); divided by (ii) the term ``P'', as determined under subparagraph (C). (B) For purposes of subparagraph (A)(i), the term ``N'' means the percentage constituted by the ratio of-- (i) the amount of funds allotted to the city in the fiscal year in which the calendar year begins under section 106(a)(3) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(a)(3)); to (ii) the sum of the amount of finds received by all eligible cities in such fiscal year under section 106(a)(3) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(a)(3)). (C) For purposes of subparagraph (A)(ii), the term ``P'' means the percentage constituted by the ratio of-- (i) the amount equal to the total population of the city, as determined by the Secretary using the most recent data that is available from the Secretary of Commerce pursuant to the decennial census and pursuant to reasonable estimates by such Secretary of changes occurring in the data in the ensuing period, to (ii) the amount equal to the total population of all eligible cities in the current fiscal year. (D) For purposes of this paragraph, the term ``eligible cities'' means the cities which meet the requirements of paragraph (1) and (2) of subsection (b). (2) Determination of need adjusted per capita income factor.-- (A) For purposes of this section (and subject to subparagraph (D)), the term ``need adjusted per capita income factor'' means the amount equal to the percentage determined for the city in accordance with the following formula: I 1-.15 <3-ln (> ------- <3-ln )> Q (B) For purposes of subparagraph (A), the term ``I'' means the per capita income of the city for the most recent year for which data are available, as determined by the Secretary of Commerce. (C) For purposes of subparagraph (A), the term ``Q'' means the product of-- (i) the need index of the city, as determined under paragraph (1); and (ii) the amount equal to the per capita income of the United States for the most recent year for which data are available, as determined by the Secretary of Commerce. (D) In the case of a city for which the quotient of the term ``I'' (as determined under subparagraph (B)) divided by the term ``Q'' (as determined under subparagraph (C)) is less than 0.2, the quotient shall be deemed to be equal to 0.2 for that city for purposes of the formula under subparagraph (A). ``SEC. 1707. DEFINITIONS. ``For purposes of this part-- ``(1) The term `community group' means a community-based nonprofit organization that has a primary purpose of crime prevention. ``(2) The term `Director' means the Director of the Bureau of Justice Assistance. ``(3) The term `economically distressed central city' means a city that-- ``(A) is a metropolitan city (as defined in section 102(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(4)); ``(B) is eligible to receive an allocation of funds under section 106(a)(3) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(a)(3) for the most recent fiscal year ending prior to the date of enactment of this Act; ``(C) has a population of at least 30,000; and ``(D) has a need adjusted per capita income less than 1.25 on the basis of the most recent data available. ``(4) The term `need adjusted per capita income' means the need adjusted per capita income of a city determined under section 1706.''. (b) Technical Amendment.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by striking the matter relating to part Q and inserting the following: ``Part Q--Community Policing; Cop on the Beat Grants ``Sec. 1701. Grant authorization. ``Sec. 1702. Application. ``Sec. 1703. Allocation of funds; limitation on grants. ``Sec. 1704. Award of grants. ``Sec. 1705. Reports. ``Sec. 1706. Determination of need adjusted per capita income. ``Sec. 1707. Definitions. ``Part Q--Transition; Effective Date; Repealer ``Sec. 1801. Continuation of rules, authorities, and proceedings.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1986 (42 U.S.C. 3793) is amended-- (1) in paragraph (3) by striking ``and N'' and inserting ``N, O, P, and Q''; and (2) by adding after paragraph (10) the following new paragraph: ``(10)(A) There is authorized to be appropriated to carry out part Q $200,000,000 for fiscal year 1994.''.

Community Policing Assistance Act of 1993 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to units of local government and community groups in economically distressed central cities to establish or expand cooperative efforts between police and community for purposes of increasing police presence in the community. Requires the Director to develop a written model that informs community members regarding: (1) how to identify the existence of a drug or gang house; (2) what civil remedies, such as public nuisance violations and civil suits in small claims court, are available; and (3) what mediation techniques are available between community members and individuals who have established a drug or gang house in such community. Sets forth provisions regarding: (1) grant application requirements; (2) allocation of funds and grant renewal; (3) criteria for awarding grants; and (4) reporting requirements. Directs the Secretary of Housing and Urban Development to determine the need adjusted per capita income for certain economically distressed central cities, based on a specified formula. Authorizes appropriations.

Community Policing Assistance Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Reservation Bank Branch Act of 2009''. SEC. 2. REGULATIONS GOVERNING INSURED DEPOSITORY INSTITUTIONS. Section 18(d) of the Federal Deposit Insurance Act (12 U.S.C. 1828(d)) is amended by adding at the end the following: ``(5) Election by indian tribes to permit branching of banks on indian reservations.-- ``(A) Definitions.--In this paragraph, the following definitions shall apply: ``(i) De novo branch.--The term `de novo branch' means a branch of a State bank that-- ``(I) is originally established by the State bank as a branch; and ``(II) does not become a branch of the State bank as a result of-- ``(aa) the acquisition by the State bank of an insured depository institution (or a branch of an insured depository institution); or ``(bb) the conversion, merger, or consolidation of any such institution or branch. ``(ii) Home state.-- ``(I) In general.--The term `home State' means the State in which the main office of a State bank is located. ``(II) Branches on indian reservations.--The term `home State' with respect to a State bank, the main office of which is located within the boundaries of an Indian reservation (in a case in which State law permits the chartering of such a main office on an Indian reservation), means-- ``(aa) the State in which the Indian reservation is located; or ``(bb) for an Indian reservation that is located in more than 1 State, the State in which the portion of the Indian reservation containing the main office of the State bank is located. ``(iii) Host reservation.--The term `host reservation', with respect to a bank, means an Indian reservation located in a State other than the home State of the bank in which the bank maintains, or seeks to establish and maintain, a branch. ``(iv) Indian reservation.-- ``(I) In general.--The term `Indian reservation' means land subject to the jurisdiction of an Indian tribe. ``(II) Inclusions.--The term `Indian reservation' includes-- ``(aa) any public domain Indian allotment; ``(bb) any land area located within the outer geographic boundaries recognized as an Indian reservation by a Federal treaty, Federal regulation, decision or order of the Bureau of Indian Affairs or any successor agency thereto, or statute in force with respect to a federally recognized tribal nation; ``(cc) any former Indian reservation in the State of Oklahoma; and ``(dd) any land held by a Native village, Native group, Regional Corporation, or Village Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). ``(v) Indian tribe.--The term `Indian tribe' has the same meaning as in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). ``(vi) Tribal government.-- ``(I) In general.--The term `tribal government' means the business council, tribal council, or similar legislative or governing body of an Indian tribe-- ``(aa) the members of which are representatives elected by the members of the Indian tribe; and ``(bb) that is empowered to enact laws applicable within the Indian reservation of the Indian tribe. ``(II) Multitribal reservations.-- The term `tribal government', with respect to an Indian reservation within the boundaries of which are located more than 1 Indian tribe, each of which has a separate council, means a joint business council or similar intertribal governing council that includes representatives of each applicable Indian tribe. ``(III) Inclusion.--The term `tribal government' includes a governing body of any Regional Corporation or Village Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)). ``(B) Approval by corporation.--Subject to subparagraph (C), in addition to any other authority under this section to approve an application to establish a branch within the boundaries of an Indian reservation, the Corporation may approve an application of a State bank to establish and operate a de novo branch within the boundaries of 1 or more Indian reservations (regardless of whether the Indian reservations are located within the home State of the State bank), if there is in effect within the host reservation a law enacted by the tribal government of the host reservation that-- ``(i) applies with equal effect to all banks located within the host reservation; and ``(ii) specifically permits any in-State or out-of-State bank to establish within the host reservation a de novo branch. ``(C) Conditions.-- ``(i) Establishment.--An application by a State bank to establish and operate a de novo branch within a host reservation shall not be subject to the requirements and conditions applicable to an application for an interstate merger transaction under paragraphs (1), (3), and (4) of section 44(b). ``(ii) Operation.--Subsections (c) and (d)(2) of section 44 shall not apply with respect to a branch of a State bank that is established and operated pursuant to an application approved under this paragraph. ``(iii) Prohibition.-- ``(I) In general.--Except as provided in subclause (II), no State nonmember bank that establishes or operates a branch on 1 or more Indian reservations solely pursuant to paragraph (5) may establish any additional branch outside of such Indian reservation in any State in which the Indian reservation is located. ``(II) Exception.--Subclause (I) shall not apply if a State nonmember bank described in that subclause would be permitted to establish and operate an additional branch under any other provision of this section, without regard to the establishment or operation by the State nonmember bank of a branch on the subject Indian reservation.''. SEC. 3. BRANCH BANKS. Section 5155 of the Revised Statutes of the United States (12 U.S.C. 36) is amended by inserting after subsection (g) the following: ``(h) Election by Indian Tribes To Permit Branching of National Banks on Indian Reservations.-- ``(1) Definitions.--In this subsection, the following definitions shall apply: ``(A) De novo branch.--The term `de novo branch' means a branch of a national bank that-- ``(i) is originally established by the national bank as a branch; and ``(ii) does not become a branch of the national bank as a result of-- ``(I) the acquisition by the national bank of an insured depository institution (or a branch of an insured depository institution); or ``(II) the conversion, merger, or consolidation of any such institution or branch. ``(B) Home state.-- ``(i) In general.--The term `home State' means the State in which the main office of a national bank is located. ``(ii) Branches on indian reservations.-- The term `home State', with respect to a national bank, the main office of which is located within the boundaries of an Indian reservation, means-- ``(I) the State in which the Indian reservation is located; or ``(II) for an Indian reservation that is located in more than 1 State, the State in which the portion of the Indian reservation containing the main office of the national bank is located. ``(C) Host reservation.--The term `host reservation', with respect to a national bank, means an Indian reservation located in a State other than the home State of the bank in which the bank maintains, or seeks to establish and maintain, a branch. ``(D) Indian reservation.-- ``(i) In general.--The term `Indian reservation' means land subject to the jurisdiction of an Indian tribe. ``(ii) Inclusions.--The term `Indian reservation' includes-- ``(I) any public domain Indian allotment; ``(II) any land area located within the outer geographic boundaries recognized as an Indian reservation by a Federal treaty, Federal regulation, decision or order of the Bureau of Indian Affairs or any successor agency thereto, or statute in force with respect to a federally recognized tribal nation; ``(III) any former Indian reservation in the State of Oklahoma; and ``(IV) any land held by a Native village, Native group, Regional Corporation, or Village Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). ``(E) Indian tribe.--The term `Indian tribe' has the same meaning as in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). ``(F) Tribal government.-- ``(i) In general.--The term `tribal government' means the business council, tribal council, or similar legislative or governing body of an Indian tribe-- ``(I) the members of which are representatives elected by the members of the Indian tribe; and ``(II) that is empowered to enact laws applicable within the Indian reservation of the Indian tribe. ``(ii) Multitribal reservations.--The term `tribal government', with respect to an Indian reservation within the boundaries of which are located more than 1 Indian tribe, each of which has a separate council, means a joint business council or similar intertribal governing council that includes representatives of each applicable Indian tribe. ``(iii) Inclusion.--The term `tribal government' includes a governing body of any Regional Corporation or Village Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)). ``(2) Approval by comptroller.--Subject to paragraph (3), in addition to any other authority under this section to approve an application to establish a national bank branch within the boundaries of an Indian reservation, the Comptroller may approve an application of a national bank to establish and operate a de novo branch within the boundaries of an Indian reservation (regardless of whether the Indian reservation is located within the home State of the national bank), if there is in effect within the host reservation a law enacted by the tribal government of the host reservation that-- ``(A) applies with equal effect to all banks located within the host reservation; and ``(B) specifically permits any in-State or out-of- State bank to establish within the host reservation a de novo branch. ``(3) Conditions.-- ``(A) Establishment.--An application by a national bank to establish and operate a de novo branch within a host reservation shall not be subject to the requirements and conditions applicable to an application for an interstate merger transaction under paragraphs (1), (3), and (4) of section 44(b) of the Federal Deposit Insurance Act (12 U.S.C. 1831u(b)). ``(B) Operation.--Subsections (c) and (d)(2) of section 44 of that Act (12 U.S.C. 1831u) shall not apply with respect to a branch of a national bank that is established and operated pursuant to an application approved under this subsection. ``(C) Prohibition.-- ``(i) In general.--Except as provided in clause (ii), no national bank that establishes or operates a branch on 1 or more Indian reservations solely pursuant to subsection (h) may establish any additional branch outside of such Indian reservation in the State in which the Indian reservation is located. ``(ii) Exception.--Clause (i) shall not apply if a national bank described in that clause would be permitted to establish and operate an additional branch under any other provision of this section or other applicable law, without regard to the establishment or operation by the national bank of a branch on the subject Indian reservation.''.

Indian Reservation Bank Branch Act of 2009 - Amends the Federal Deposit Insurance Act and the Revised Statutes of the United States to set forth conditions under which Indian tribes may permit branching of banks on Indian reservations. Permits approval of a state bank application to establish and operate a de novo branch within the boundaries of one or more Indian reservations (regardless of whether the Indian reservations are located within the state bank's home state), if the host reservation enacts a law meeting specified requirements. Exempts such a state bank from certain requirements and conditions governing an application for an interstate merger transaction. Prohibits specified state nonmember banks that establish or operate a branch on Indian reservations, except in certain circumstances, from establishing additional branches outside of such reservations in any state in which the Indian reservation is located. Amends the Revised Statutes of the United States to authorize the Comptroller of the Currency to approve an application of a national bank to establish and operate a de novo branch within the boundaries of an Indian reservation, subject to the same requirements, conditions, and prohibitions of this Act with regard to state banks.

A bill to amend the Federal Deposit Insurance Act to modify requirements relating to the location of bank branches on Indian reservations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Currency Forfeitures Act''. SEC. 2. DRUG CURRENCY FORFEITURES. (a) In General.--Section 511 of the Controlled Substances Act (21 U.S.C. 881) is amended by inserting after subsection (j) the following: ``(k) Rebuttable Presumption.-- ``(1) Definitions.--In this subsection-- ``(A) the term `drug trafficking offense' means-- ``(i) with respect to an action under subsection (a)(6), any illegal exchange involving a controlled substance or other violation for which forfeiture is authorized under that subsection; and ``(ii) with respect to an action under section 981(a)(1)(B) of title 18, United States Code, any offense against a foreign nation involving the manufacture, importation, sale, or distribution of a controlled substance for which forfeiture is authorized under that section; and ``(B) the term `shell corporation' means any corporation that does not conduct any ongoing and significant commercial or manufacturing business or any other form of commercial operation. ``(2) Presumption.--In any action with respect to the forfeiture of property described in subsection (a)(6) of this section, or section 981(a)(1)(B) of title 18, United States Code, there is a rebuttable presumption that property is subject to forfeiture, if the Government offers a reasonable basis to believe, based on any circumstance described in subparagraph (A), (B), (C), or (D) of paragraph (3), that there is a substantial connection between the property and a drug trafficking offense. ``(3) Circumstances.--The circumstances described in this paragraph are that-- ``(A) the property at issue is currency in excess of $10,000 that was, at the time of seizure, being transported through an airport, on a highway, or at a port-of-entry, and-- ``(i) the property was packaged or concealed in a highly unusual manner; ``(ii) the person transporting the property (or any portion thereof) provided false information to any law enforcement officer or inspector who lawfully stopped the person for investigative purposes or for purposes of a United States border inspection; ``(iii) the property was found in close proximity to a measurable quantity of any controlled substance; or ``(iv) the property was the subject of a positive alert by a properly trained dog; ``(B) the property at issue was acquired during a period of time when the person who acquired the property was engaged in a drug trafficking offense or within a reasonable time after such period, and there is no likely source for such property other than that offense; ``(C)(i) the property at issue was, or was intended to be, transported, transmitted, or transferred to or from a major drug-transit country, a major illicit drug producing country, or a major money laundering country, as determined pursuant to section 481(e) of 490(h) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e) and 2291j(h)), as applicable; and ``(ii) the transaction giving rise to the forfeiture-- ``(I) occurred in part in a foreign country whose bank secrecy laws render the United States unable to obtain records relating to the transaction by judicial process, treaty, or executive agreement; or ``(II) was conducted by, to, or through a shell corporation that was not engaged in any legitimate business activity in the United States; or ``(D) any person involved in the transaction giving rise to the forfeiture action-- ``(i) has been convicted in any Federal, State, or foreign jurisdiction of a drug trafficking offense or a felony involving money laundering; or ``(ii) is a fugitive from prosecution for any offense described in clause (i). ``(4) Other presumptions.--The establishment of the presumption in this subsection shall not preclude the development of other judicially created presumptions, or the establishment of probable cause based on criteria other than those set forth in this subsection.''. (b) Money Laundering Forfeitures.--Section 981 of title 18, United States Code, is amended by adding at the end the following: ``(k) Rebuttable Presumption.--In any action with respect to the forfeiture of property described in subsection (a)(1)(A), there is a rebuttable presumption that the property is the proceeds of an offense involving the felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in a controlled substance (as defined in section 102 of the Controlled Substances Act), and thus constitutes the proceeds of specified unlawful activity (as defined in section 1956(c)), if any circumstance set forth in subparagraph (A), (B), (C), or (D) section 511(k)(3) of the Controlled Substances Act (21 U.S.C. 881(k)(3)) is present.''.

Drug Currency Forfeitures Act - Amends the Controlled Substances Act to create a rebuttable presumption that property is subject to forfeiture if the Government offers a reasonable basis to believe that, based on specified circumstances, there is a substantial connection between the property and a drug trafficking offense. Includes among such circumstances that: (1) the property at issue is currency in excess of $10,000 that was being transported through an airport, on a highway, or at a port-of-entry and was packaged or concealed in a highly unusual manner, was being transported by a person who provided false information to any inspection officer, was found near a measurable quantity of a controlled substance, or was the subject of a positive alert by a trained dog; (2) the property at issue was acquired during a time period by a person who was engaged in a drug trafficking offense and there is no other likely source for such property; (3) the property at issue was, or was intended to be, transported, transmitted, or transferred to or from a major drug-transit country, illicit drug producing country, or money laundering country, and specified other conditions are met; or (4) any person involved in the transaction giving rise to the forfeiture action has been convicted in any Federal, State, or foreign jurisdiction of a drug trafficking offense or a felony involving money laundering, or is a fugitive from prosecution for such an offense. Amends the Federal criminal code provisions concerning money laundering forfeitures to create a rebuttable presumption that property is the proceeds of an offense involving the felonious manufacture, importation, or other dealing in a controlled substance, and thus constitutes the proceeds of specified unlawful activity, if any of the circumstances set forth above apply.

Drug Currency Forfeitures Act

SECTION 1. FINDINGS, PURPOSE, AND DEFINITIONS. (a) Findings.--The Congress makes the following findings: (1) A primary purpose of the National Fire Plan is to reduce the risk of severe wild fires in the areas, known as the ``wildland/urban interface'', where communities adjoin or intermingle with Federal public lands. (2) Substantial amounts of funds have been appropriated to the Forest Service and agencies of the Department of the Interior to implement the National Fire Plan. (3) The Comptroller General has found that implementation of the National Fire Plan still lacks clearly defined and effective leadership and that the Forest Service and agencies of the Department of the Interior do not have adequate data for making informed decisions and for measuring their progress. (4) In a December 2001 report to the Secretary of the Interior, the National Academy of Public Information recommended establishment of an interagency council to implement both the Federal Wildland Fire Management Policy and the National Fire Plan. (b) Purpose.--The purpose of this Act is to improve implementation of the National Fire Plan with respect to reducing the buildup of vegetative fuels in the wildland/urban interface. (c) Definitions.--In this Act: (1) Federal public lands.--The term ``Federal public lands'' means lands managed by the Forest Service or an agency of the Department of the Interior. (2) National fire plan.--The term ``National Fire Plan'' means the plans, strategies, projects, and activities of the Department of Agriculture and the Department of the Interior to respond to adverse impacts on communities and the environment from wildfires on Federal public lands, which are based on and reflect the following: (A) The report of the Secretary of Agriculture and the Secretary of the Interior entitled ``Managing the Impact of Wildfires on Communities and the Environment'', dated September 8, 2000. (B) Congressional direction accompanying appropriations to the Department of Agriculture and the Department of the Interior for wildland fire management for fiscal year 2001 and subsequent years. (3) Wildlife/urban interface.--The term ``wildland/urban interface'' means a geographic area where-- (A) homes and other structures are immediately adjacent to or intermixed with Federal public lands containing flammable vegetation; (B) the conditions on such lands are conducive to large-scale disturbance events; and (C) there is a significant probability of a fire ignition and a resulting spread of the disturbance event. SEC. 2. INTERAGENCY COUNCIL TO COORDINATE IMPLEMENTATION OF NATIONAL FIRE PLAN. (a) Establishment and Membership.--The Secretary of the Interior and the Secretary of Agriculture shall establish an interagency council to coordinate implementation of the National Fire Plan. The council shall include at a minimum the following members, or their designees: (1) The Chief of the Forest Service. (2) The Assistant Secretary of the Interior for Indian Affairs. (3) The Director of the Bureau of Land Management. (4) The Director of the National Park Service. (5) The Director of the United States Fish and Wildlife Service. (b) Duties.-- (1) Criteria to identify affected communities.--Not later than 180 days after the date of the enactment of this Act, the council shall define consistent criteria to identify the communities within the wildland/urban interface that are most at risk from severe wildfires. (2) Goals and objectives of plan.--The council shall establish clearly defined and outcome-oriented goals and objectives for agencies responsible for implementation of the National Fire Plan. (3) Measurement of results.--The council shall establish quantifiable annual and long-term performance measures to assess progress in reducing the risks to communities identified pursuant to criteria required by paragraph (1). (4) Long-term implementation strategy.--The council shall develop a comprehensive long-term strategy for implementation of the National Fire Plan that incorporates the criteria, goals and objectives, and performance measures defined or established under paragraphs (1), (2), and (3). (5) Use of removed materials.--The council shall provide for collection of data necessary to assist the Secretary of Agriculture and the Secretary of the Interior to determine the most effective and appropriate methods of utilizing fuel materials removed from Federal public lands covered by the National Fire Plan. (c) Consultation.--In defining the criteria and establishing the goals and objectives required by subsection (b), the council shall consult with appropriate State, local, and tribal officials and shall provide an opportunity for receipt and consideration of public comments and suggestions. SEC. 3. FOCUS OF FUEL-REDUCTION EFFORTS. In implementing the National Fire Plan, the Secretary of Agriculture and the Secretary of the Interior shall assure that-- (1) in conducting fuel-reduction efforts, priority is given to the communities identified pursuant to the criteria required by section 2(b)(1); and (2) no other projects to reduce fuels are carried out in a State until all necessary fuel-reduction efforts with respect to such communities in that State are completed. SEC. 4. PROGRESS REPORT. Not later than one year after the date of the enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall submit to Congress a report on the steps taken to implement this Act.

Directs the Secretaries of the Interior and Agriculture to establish an interagency council to coordinate implementation of the National Fire Plan. Requires the council to: (1) define consistent criteria to identify the communities within the wildland/urban interface that are most at risk from severe wildfires; (2) establish goals and objectives for implementing agencies; (3) establish measures to assess progress in reducing the risks to such communities; (4) develop a comprehensive long-term strategy for Plan implementation; and (5) provide for collection of data to assist the Secretaries in determining the most effective and appropriate methods of utilizing fuel materials removed from covered public lands.Requires the Secretaries to assure that: (1) in conducting fuel reduction efforts, priority is given to such communities; and (2) no other projects to reduce fuels are carried out in a State until all necessary fuel-reduction efforts with respect to such communities in that State are completed.

To improve implementation of the National Fire Plan on Federal lands managed by the Forest Service and agencies of the Department of the Interior.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Census of Agriculture Act of 1997''. SEC. 2. AUTHORITY OF SECRETARY OF AGRICULTURE TO CONDUCT CENSUS OF AGRICULTURE. (a) Census of Agriculture Required.--In 1998 and every fifth year thereafter, the Secretary of Agriculture shall take a census of agriculture. (b) Methods.--In connection with the census, the Secretary may conduct any survey or other information collection, and employ any sampling or other statistical method, that the Secretary determines is appropriate. (c) Year of Information.--The information collected in each census taken under this section shall relate to the year immediately preceding the year in which the census is taken. (d) Enforcement.-- (1) Fraud.--A person over 18 years of age who willfully gives an answer that is false to a question, which is authorized by the Secretary to be submitted to the person in connection with a census under this section, shall be fined not more than $500. (2) Refusal or neglect to answer questions.--A person over 18 years of age who refuses or willfully neglects to answer a question, which is authorized by the Secretary to be submitted to the person in connection with a census under this section, shall be fined not more than $100. (3) Social security number.--The failure or refusal of a person to disclose the person's Social Security number in response to a request made in connection with any census or other activity under this section shall not be a violation under this subsection. (4) Religious information.--Notwithstanding any other provision of this section, no person shall be compelled to disclose information relative to the religious beliefs of the person or to membership of the person in a religious body. (e) Geographic Coverage.--A census under this section shall include-- (1) each of the several States of the United States; (2) as determined appropriate by the Secretary, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and Guam; and (3) with the concurrence of the Secretary and the Secretary of State, any other possession or area over which the United States exercises jurisdiction, control, or sovereignty. (f) Cooperation With Secretary of Commerce.-- (1) Information provided to secretary of agriculture.--On a written request by the Secretary of Agriculture, the Secretary of Commerce may provide to the Secretary of Agriculture any information collected under title 13, United States Code, that the Secretary of Agriculture considers necessary for the taking of a census or survey under this section. (2) Information provided to secretary of commerce.--On a written request by the Secretary of Commerce, the Secretary of Agriculture may provide to the Secretary of Commerce any information collected in a census taken under this section that the Secretary of Commerce considers necessary for the taking of a census or survey under title 13, United States Code. (3) Confidentiality.--Information obtained under this subsection may not be used for any purpose other than the statistical purposes for which the information is supplied. For purposes of sections 9 and 214 of title 13, United States Code, any information provided under paragraph (2) shall be considered information furnished under the provisions of title 13, United States Code. (g) Regulations.--A regulation necessary to carry out this section may be promulgated by-- (1) the Secretary of Agriculture, to the extent that a matter under the jurisdiction of the Secretary is involved; and (2) the Secretary of Commerce, to the extent that a matter under the jurisdiction of the Secretary of Commerce is involved.''. SEC. 3. REPEAL OF SUPERSEDED PROVISION. (a) Repeal.--Section 142 of title 13, United States Code, is repealed. (b) Clerical Amendments.-- (1) Subchapter II of chapter 5 of title 13, United States Code, is amended by striking the subchapter heading and inserting the following: ``SUBCHAPTER II--POPULATION, HOUSING, AND UNEMPLOYMENT''. (2) The analysis of chapter 5 of title 13, United States Code, is amended-- (A) by striking the item relating to section 142; and (B) by striking the item relating to the heading for subchapter II and inserting the following: ``SUBCHAPTER II--POPULATION, HOUSING, AND UNEMPLOYMENT''. (c) Cross Reference.--Section 343(a)(11)(F) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(11)(F)) is amended by striking ``taken under section 142 of title 13, United States Code''. (d) Effective Date.--This section and the amendments made by this section shall take effect October 1, 1998. SEC. 4. CONFIDENTIALITY OF INFORMATION. (a) Information Provided to Secretary of Agriculture.-- (1) Authority to provide information.--Section 9(a) of title 13, United States Code, is amended by inserting after ``chapter 10 of this title'' the following: ``or section 2(f) of the Census of Agriculture Act of 1997''. (2) Confidentiality of information.--Section 1770(d) of the Food Security Act of 1985 (7 U.S.C. 2276(d)) is amended-- (A) by striking ``or'' at the end of paragraph (8); (B) by striking the period at the end of paragraph (9) and inserting ``; or''; and (C) by adding at the end the following: ``(10) section 2 of the Census of Agriculture Act of 1997.''. (b) Information Provided to the Secretary of Commerce.--Section 1770 of the Food Security Act of 1985 (7 U.S.C. 2276) is amended by adding at the end the following: ``(e) Information Provided to Secretary of Commerce.--This section shall not prohibit the release of information under section 2(f)(2) of the Census of Agriculture Act of 1997.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Census of Agriculture Act of 1997 - Amends Federal law to transfer authority to conduct the census of agriculture from the Secretary of Commerce to the Secretary (Secretary) of Agriculture. Requires the Secretary to take a census every five years beginning in 1998. Sets forth enforcement and confidentiality provisions.

Census of Agriculture Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Access to Congressional Research Service Reports Act of 2016''. SEC. 2. DEFINITIONS. (a) CRS Product.--In this Act, the term ``CRS product'' means any final work product of CRS in any format. (b) CRS Report.-- (1) In general.--In this Act, the term ``CRS Report'' means any written CRS product, including an update to a previous written CRS product, consisting of-- (A) a Congressional Research Service Report; (B) a Congressional Research Service Authorization of Appropriations Product and Appropriations Product; or (C) subject to paragraph (2)(C), any other written CRS product containing CRS research or CRS analysis which is available for general congressional access on the CRS Congressional Intranet. (2) Exclusions.--The term ``CRS Report'' does not include-- (A) any CRS product that is determined by the CRS Director to be a custom product or service because it was prepared in direct response to a request for custom analysis or research and is not available for general congressional access on the CRS Congressional Intranet; (B) any Congressional Research Service Report or any Congressional Research Service Authorization of Appropriations Product and Appropriations Product which, as of the effective date of this Act, is not available for general congressional access on the CRS Congressional Intranet; or (C) a written CRS product that has been made available by CRS for publication on a public website maintained by the GPO Director (other than the Website) or the Library of Congress. (c) Other Definitions.--In this Act-- (1) the term ``CRS'' means the Congressional Research Service; (2) the term ``CRS Congressional Intranet'' means any of the websites maintained by CRS for the purpose of providing to Members and employees of Congress access to information from CRS; (3) the term ``CRS Director'' means the Director of CRS; (4) the term ``GPO Director'' means the Director of the Government Publishing Office; (5) the term ``Member of Congress'' includes a Delegate or Resident Commissioner to Congress; and (6) the term ``Website'' means the website established and maintained under section 3. SEC. 3. AVAILABILITY OF CRS REPORTS THROUGH GPO WEBSITE. (a) Website.-- (1) Establishment and maintenance.--The GPO Director, in consultation with the CRS Director, shall establish and maintain a public Website containing CRS Reports and an index of all CRS Reports contained on the Website, in accordance with this section. (2) Format.--On the Website, CRS Reports shall be searchable, sortable, and downloadable, including downloadable in bulk. (3) Free access.--Notwithstanding section 4102 of title 44, United States Code, the GPO Director may not charge a fee for access to the Website. (b) Updates; Disclaimer.--The GPO Director, in consultation with the CRS Director, shall ensure that the Website-- (1) is updated contemporaneously, automatically, and electronically to include each new or updated CRS Report released on or after the effective date of this Act; (2) shows the status of each CRS Report as new, updated, or withdrawn; and (3) displays the following statement in reference to the CRS Reports included on the Website: ``These documents were prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS's institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.''. (c) Furnishing of Necessary Information and Technology.--The CRS Director shall consult with and provide assistance to the GPO Director to ensure-- (1) that the GPO Director is provided with all of the information necessary to carry out this Act, including all of the information described in subparagraphs (A) through (E) of section 4(a)(1), in such format and manner as the GPO Director considers appropriate; and (2) that CRS makes available and implements such technology as may be necessary to facilitate the contemporaneous, automatic, and electronic provision of CRS Reports to the GPO Director as required under this Act. (d) Nonexclusivity.--The GPO Director may publish other information on the Website. (e) Additional Techniques.--The GPO Director and the CRS Director may use additional techniques to make CRS Reports available to the public, if such techniques are consistent with this Act and any other applicable laws. (f) Additional Information.--The CRS Director is encouraged to make additional CRS products that are not custom products or services available to the GPO Director for publication on the Website, and the GPO Director is encouraged to publish such CRS products on the Website. (g) Expansion of Contents of Annual Report to Congress To Include Information on Efforts To Make Additional Products Available on Website.--Section 203(i) of the Legislative Reorganization Act of 1946 (2 U.S.C. 166(i)) is amended by striking the period at the end and inserting the following: ``, and shall include in the report a description of the efforts made by the Director to make additional Congressional Research Service products that are not custom products or services available to the Director of the Government Publishing Office for publication on the website established and maintained under the Equal Access to Congressional Research Service Reports Act of 2016.''. SEC. 4. WEBSITE CONTENTS. (a) Specific Requirements for Reports Posted on Website.-- (1) Responsibilities of gpo director.--With respect to each CRS Report included on the Website, the GPO Director shall include-- (A) the name and identification number of the CRS Report; (B) an indication as to whether the CRS Report is new, updated, or withdrawn; (C) the date of release of the CRS Report; (D) the division or divisions of CRS that were responsible for the production of the CRS Report; and (E) any other information the GPO Director, in consultation with the CRS Director, considers appropriate. (2) Responsibilities of crs director.--With respect to each CRS Report included on the Website, the CRS Director shall, prior to transmitting the Report to the GPO Director-- (A) at the discretion of the CRS Director, remove the name of and any contact information for any employee of CRS; and (B) include in the CRS Report the following written statement: ``This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS's institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as this CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material.''. (b) Specific Requirements for Index on Website.--The GPO Director shall ensure that the index of all CRS Reports published on the Website is-- (1) comprehensive; (2) contemporaneously updated; (3) searchable; (4) sortable; (5) maintained in a human-readable format; (6) maintained in a structured data format; (7) downloadable; and (8) inclusive of each item of information described in subsection (a)(1) with respect to each CRS Report. SEC. 5. CONFORMING AMENDMENT TO DUTIES OF CRS. Section 203(d) of the Legislative Reorganization Act of 1946 (2 U.S.C. 166(d)) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(9) to comply with the requirements of, and provide information and technological assistance consistent with, the Equal Access to Congressional Research Service Reports Act of 2016.''. SEC. 6. RULES OF CONSTRUCTION. (a) No Effect on Speech or Debate Clause.--Nothing in this Act may be construed to diminish, qualify, condition, waive, or otherwise affect the applicability of clause 1 of section 6 of article I of the Constitution of the United States (commonly known as the ``Speech or Debate Clause'') or any other privilege available to Congress or Members, offices, or employees of Congress with respect to any CRS Report made available online under this Act. (b) Confidential Communications.--Nothing in this Act may be construed to waive the requirement that any confidential communication by CRS to a Member, office, or committee of Congress shall remain under the custody and control of Congress and may be released only by Congress and its Houses, Members, offices, and committees, in accordance with the rules and privileges of each House and the requirements of this Act. (c) Dissemination of CRS Products.--Nothing in this Act may be construed to limit or otherwise affect the ability of a Member, office, or committee of Congress to disseminate CRS products on a website of the Member, office, or committee or to otherwise provide CRS products to the public, including as part of constituent service activities. SEC. 7. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect 90 days after the date on which the GPO Director submits the certification described in subsection (b)(2). (b) Provision of Information and Technology.-- (1) CRS deadline.--Not later than 90 days after the date of enactment of this Act, the CRS Director shall provide the GPO Director with the information and technology necessary for the GPO Director to begin the initial operation of the Website. (2) Certification.--Upon provision of the information and technology described in paragraph (1), the GPO Director shall submit to Congress a certification that the CRS Director has provided the information and technology necessary for the GPO Director to begin the initial operation of the Website.

Equal Access to Congressional Research Service Reports Act of 2016 This bill directs the Government Publishing Office (GPO) to establish and maintain a public website containing Congressional Research Service (CRS) Reports, and an index, that are searchable, sortable, and downloadable (including in bulk), for which no fee may be charged. The CRS Reports on the website shall include CRS Authorization of Appropriations Products, Appropriations Products, and any other written CRS product containing CRS research or analysis available for general congressional access on the CRS Congressional Intranet. The website shall exclude any: custom product or service prepared in direct response to a request for custom analysis or research and not available for general congressional access on the CRS Congressional Intranet; CRS Reports, Authorization of Appropriations Products, or Appropriations Products not so available; or written CRS products that CRS has made available on a public website (besides this website) maintained by the GPO or the Library of Congress. The GPO shall ensure that the website is updated contemporaneously, automatically, and electronically to include each new or updated CRS Report. Before transmitting a CRS Report to the GPO for publication on the website, CRS may remove the name of, and any contact information for, any CRS employee. The Legislative Reorganization Act of 1946 is amended to require CRS to comply with this Act.

Equal Access to Congressional Research Service Reports Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing DHS Acquisition Cost Growth Act''. SEC. 2. CONGRESSIONAL NOTIFICATION FOR MAJOR ACQUISITION PROGRAMS. (a) In General.--Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is further amended by adding at the end the following new section: ``SEC. 836. CONGRESSIONAL NOTIFICATION AND OTHER REQUIREMENTS FOR MAJOR ACQUISITION PROGRAM BREACH. ``(a) Requirements Within Department in Event of Breach.-- ``(1) Notifications.-- ``(A) Notification of breach.--If a breach occurs in a major acquisition program, the program manager for such program shall notify the Component Acquisition Executive for such program, the head of the component concerned, the Executive Director of the Program Accountability and Risk Management division, the Under Secretary for Management, and the Deputy Secretary not later than 30 calendar days after such breach is identified. ``(B) Notification to secretary.--If a breach occurs in a major acquisition program and such breach results in a cost overrun greater than 15 percent, a schedule delay greater than 180 days, or a failure to meet any of the performance thresholds from the cost, schedule, or performance parameters specified in the most recently approved acquisition program baseline for such program, the Component Acquisition Executive for such program shall notify the Secretary and the Inspector General of the Department not later than five business days after the Component Acquisition Executive for such program, the head of the component concerned, the Executive Director of the Program Accountability and Risk Management Division, the Under Secretary for Management, and the Deputy Secretary are notified of the breach pursuant to subparagraph (A). ``(2) Remediation plan and root cause analysis.-- ``(A) In general.--If a breach occurs in a major acquisition program, the program manager for such program shall submit to the head of the component concerned, the Executive Director of the Program Accountability and Risk Management division, and the Under Secretary for Management in writing a remediation plan and root cause analysis relating to such breach and program. Such plan and analysis shall be submitted at a date established at the discretion of the Under Secretary for Management. ``(B) Remediation plan.--The remediation plan required under this subparagraph (A) shall-- ``(i) explain the circumstances of the breach at issue; ``(ii) provide prior cost estimating information; ``(iii) include a root cause analysis that determines the underlying cause or causes of shortcomings in cost, schedule, or performance of the major acquisition program with respect to which such breach has occurred, including the role, if any, of-- ``(I) unrealistic performance expectations; ``(II) unrealistic baseline estimates for cost or schedule or changes in program requirements; ``(III) immature technologies or excessive manufacturing or integration risk; ``(IV) unanticipated design, engineering, manufacturing, or technology integration issues arising during program performance; ``(V) changes to the scope of such program; ``(VI) inadequate program funding or changes in planned out-year funding from one 5-year funding plan to the next 5-year funding plan as outlined in the Future Years Homeland Security Program required under section 874; ``(VII) legislative, legal, or regulatory changes; or ``(VIII) inadequate program management personnel, including lack of sufficient number of staff, training, credentials, certifications, or use of best practices; ``(iv) propose corrective action to address cost growth, schedule delays, or performance issues; ``(v) explain the rationale for why a proposed corrective action is recommended; and ``(vi) in coordination with the Component Acquisition Executive for such program, discuss all options considered, including the estimated impact on cost, schedule, or performance of such program if no changes are made to current requirements, the estimated cost of such program if requirements are modified, and the extent to which funding from other programs will need to be reduced to cover the cost growth of such program. ``(3) Review of corrective actions.-- ``(A) In general.--The Under Secretary for Management shall review the remediation plan required under paragraph (2). The Under Secretary may approve such plan or provide an alternative proposed corrective action within 30 days of the submission of such plan under such paragraph. ``(B) Submission to congress.--Not later than 30 days after the review required under subparagraph (A) is completed, the Under Secretary for Management shall submit to the congressional homeland security committees the following: ``(i) A copy of the remediation plan and the root cause analysis required under paragraph (2). ``(ii) A statement describing the corrective action or actions that have occurred pursuant to paragraph (2)(b)(iv) for the major acquisition program at issue, with a justification for such action or actions. ``(b) Requirements Relating to Congressional Notification if Breach Occurs.-- ``(1) Notification to congress.--If a notification to the Secretary is made under subsection (a)(1)(B) relating to a breach in a major acquisition program, the Under Secretary for Management shall notify the congressional homeland security committees of such breach in the next quarterly Comprehensive Acquisition Status Report, as required by title I of division D of the Consolidated Appropriations Act, 2016, (Public Law 114- 113) following receipt by the Under Secretary of notification under such subsection. ``(2) Significant variances in costs or schedule.--If a likely cost overrun is greater than 20 percent or a likely delay is greater than 12 months from the costs and schedule specified in the acquisition program baseline for a major acquisition program, the Under Secretary for Management shall include in the notification required in paragraph (1) a written certification, with supporting explanation, that-- ``(A) such program is essential to the accomplishment of the Department's mission; ``(B) there are no alternatives to the capability or asset provided by such program that will provide equal or greater capability in both a more cost- effective and timely manner; ``(C) the new acquisition schedule and estimates for total acquisition cost are reasonable; and ``(D) the management structure for such program is adequate to manage and control cost, schedule, and performance. ``(c) Definitions.--In this section: ``(1) Acquisition.--The term `acquisition' has the meaning given such term in section 131 of title 41, United States Code. ``(2) Acquisition program.--The term `acquisition program' means the process by which the Department acquires, with any appropriated amounts, by contract for purchase or lease, property or services (including construction) that support the missions and goals of the Department. ``(3) Acquisition program baseline.--The term `acquisition program baseline', with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which must be met in order to accomplish the goals of such program. ``(4) Best practices.--The term `best practices', with respect to acquisition, means a knowledge-based approach to capability development that includes-- ``(A) identifying and validating needs; ``(B) assessing alternatives to select the most appropriate solution; ``(C) clearly establishing well-defined requirements; ``(D) developing realistic cost assessments and schedules; ``(E) securing stable funding that matches resources to requirements; ``(F) demonstrating technology, design, and manufacturing maturity; ``(G) using milestones and exit criteria or specific accomplishments that demonstrate progress; ``(H) adopting and executing standardized processes with known success across programs; ``(I) establishing an adequate workforce that is qualified and sufficient to perform necessary functions; and ``(J) integrating the capabilities described in subparagraphs (A) through (I) into the Department's mission and business operations. ``(5) Breach.--The term `breach', with respect to a major acquisition program, means a failure to meet any cost, schedule, or performance threshold specified in the most recently approved acquisition program baseline. ``(6) Congressional homeland security committees.--The term `congressional homeland security committees' means-- ``(A) the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and ``(B) the Committee on Appropriations of the House of Representatives and of the Senate. ``(7) Component acquisition executive.--The term `Component Acquisition Executive' means the senior acquisition official within a component who is designated in writing by the Under Secretary for Management, in consultation with the component head, with authority and responsibility for leading a process and staff to provide acquisition and program management oversight, policy, and guidance to ensure that statutory, regulatory, and higher level policy requirements are fulfilled, including compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives established by the Under Secretary for Management. ``(8) Major acquisition program.--The term `major acquisition program' means a Department acquisition program that is estimated by the Secretary to require an eventual total expenditure of at least $300,000,000 (based on fiscal year 2017 constant dollars) over its life cycle cost.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 835 the following new item: ``Sec. 836. Congressional notification and other requirements for major acquisition program breach.''. Passed the House of Representatives March 20, 2017. Attest: KAREN L. HAAS, Clerk.

. Reducing DHS Acquisition Cost Growth Act (Sec. 2) This bill amends the Homeland Security Act of 2002 to require the program manager of a major acquisition program (a Department of Homeland Security [DHS] acquisition program that is estimated by the Secretary to require an eventual total expenditure of at least $300 million over its life cycle cost) to notify the program's Component Acquisition Executive (CAE) (the senior acquisition official within a DHS component who is designated to lead a process and staff to provide acquisition and program management oversight, policy, and guidance to ensure that statutory, regulatory, and higher level policy requirements are fulfilled), the head of the component concerned, the Executive Director of the Program Accountability and Risk Management division, the Under Secretary for Management, and the Deputy Secretary of DHS within 30 days after any breach in such program is identified. If such a breach results in a cost overrun greater than 15%, a schedule delay greater than 180 days, or a failure to meet any of the performance thresholds from the cost, schedule, or performance parameters specified in the most recently approved acquisition program baseline for such program, the CAE must notify the DHS Secretary and Inspector General within five business days after such other officials are notified of the breach. If such a breach occurs, the program manager shall submit to the component head, the Executive Director, and the Under Secretary in writing a remediation plan and root cause analysis relating to such breach and program. The remediation plan shall: explain the circumstances of the breach; provide prior cost estimating information; include a root cause analysis that determines the underlying causes of shortcomings in cost, schedule, or performance of the program; propose corrective action to address such shortcomings; explain the rationale for a proposed corrective action; and in coordination with the CAE, discuss all options considered, including the estimated impact on cost, schedule, or performance of such program if no changes are made to current requirements, the estimated cost of such program if requirements are modified, and the extent to which funding from other programs will need to be reduced to cover the cost growth of such program. The Under Secretary for Management shall review the remediation plan and may approve it or provide an alternative proposed corrective action within 30 days of its submission. The Under Secretary shall notify the congressional homeland security committees of such a breach. If a likely cost overrun is greater than 20% or a likely delay is greater than 12 months from the costs and schedule specified in the acquisition program baseline, the Under Secretary for Management shall include in such notification a written certification that: such program is essential to the accomplishment of DHS's mission; there are no alternatives to the capability or asset provided by such program that will provide equal or greater capability in both a more cost-effective and timely manner; the new acquisition schedule and estimates for total acquisition cost are reasonable; and the management structure for such program is adequate to manage and control cost, schedule, and performance.

Reducing DHS Acquisition Cost Growth Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Scott Gardner Act''. SEC. 2. DETENTION AND REMOVAL OF ALIENS APPREHENDED FOR DRIVING WHILE INTOXICATED (DWI). Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (C), by striking ``or'' at the end; (B) in subparagraph (D), by adding ``or'' at the end; and (C) by adding after subparagraph (D) the following: ``(E) is unlawfully present in the United States and is apprehended for driving while intoxicated, driving under the influence, or similar violation of State law (as determined by the Secretary of Homeland Security) by a State or local law enforcement officer,''; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following new subsection: ``(e) Driving While Intoxicated.--If a State or local law enforcement officer apprehends an individual for an offense described in subsection (c)(1)(E) and the officer has reasonable ground to believe that the individual is an alien-- ``(1) the officer shall verify with the databases of the Federal Government, including the National Criminal Information Center and the Law Enforcement Support Center, whether the individual is an alien and whether such alien is unlawfully present in the United States; and ``(2) if any such database indicates that the individual is an alien unlawfully present in the United States-- ``(A) a State or local law enforcement officer is authorized to issue a Federal detainer to maintain the alien in custody in accordance with such agreement until the alien is convicted for such offense or the alien is transferred to Federal custody; ``(B) the officer is authorized to transport the alien to a location where the alien can be transferred to Federal custody and shall be removed from the United States in accordance with applicable law; and ``(C) the Secretary of Homeland Security shall-- ``(i) reimburse the State and local law enforcement agencies involved for the costs of transporting aliens when such transportation is not done in the course of their normal duties; and ``(ii) prioritize removal of such aliens.''. SEC. 3. ELIGIBILITY REQUIREMENT FOR STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) FUNDING. Section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) is amended by adding at the end the following: ``(7) A State (or a political subdivision of a State) shall not be eligible to enter into a contractual arrangement under paragraph (1) unless the State (or political subdivision), not later than January 1, 2014, is participating in either or both of the following (or any appropriate successor): ``(A) the program under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)); or ``(B) the Secure Communities initiative of the Department of Homeland Security.''. SEC. 4. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS. (a) In General.--Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) is amended-- (1) in paragraph (1), by striking ``may'' and inserting ``shall'' the first place it appears; (2) in paragraph (2), by adding at the end the following new sentence: ``If such training is provided by a State or political subdivision of a State to an officer or employee of such State or political subdivision of a State, the cost of such training (including applicable cost of overtime) shall be reimbursed by the Secretary of Homeland Security.''; and (3) by striking paragraph (9) and redesignating paragraph (10) as paragraph (9). (b) Effective Dates.-- (1) Requirement for agreement.--The amendments made by paragraphs (1) and (3) of subsection (a) shall take effect on such date (not later than one year after the date of the enactment of this Act) as the Secretary of Homeland Security shall specify. (2) Payment for training costs.--The amendment made by subsection (a)(2) shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

Scott Gardner Act - Amends the Immigration and Nationality Act to direct the Attorney General (DOJ) to take into custody an alien who is unlawfully in the United States and is arrested by a state or local law enforcement officer for driving while intoxicated or a similar violation. Directs the officer, upon reasonable grounds to believe the individual is an alien, to: (1) verify the individual's immigration status, and (2) take into custody for federal transfer an individual who is unlawfully in the United States. Directs the Secretary of Homeland Security (DHS) to reimburse states and localities for related transportation costs when such transportation is not done in the course of normal duties. Requires a state or locality, in order to qualify for state criminal alien assistance program (SCAAP) funding, to participate by January 1, 2014, in either or both of: (1) the secure communities initiative, or (2) the program under which state officers and employees perform specified immigration functions. Requires the Attorney General to enter into such state immigration enforcement programs. (Current law authorizes such participation.) Requires DHS reimbursement for related state or local training costs.

To amend the Immigration and Nationality Act with respect to detention of unlawfully present aliens who are apprehended for driving while intoxicated, to improve State and local enforcement of immigration laws, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``California Perchlorate Contamination Remediation Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) because finite water sources in the United States are stretched by regional drought conditions and increasing demand for water supplies, there is increased need for safe and dependable supplies of fresh water for drinking and agricultural purposes; (2) perchlorate, a naturally occurring and manmade compound with commercial and national defense applications, is used primarily in military munitions and rocket fuels, and also in fireworks, road flares, blasting agents, and automobile airbags; (3) perchlorate has been detected in fresh water sources intended for drinking water and agricultural use in 35 States and the District of Columbia; (4)(A) perchlorate has been detected in the food supply of the United States; and (B) many fruits and vegetables, including lettuce, wheat, tomato, cucumber, and cantaloupe, contain at least trace levels of perchlorate, as do wine, whiskey, soy milk, dairy milk, and human breast milk; and (5) if ingested in sufficient concentration and for adequate duration, perchlorate may interfere with thyroid metabolism, the effects of which may impair normal development of the brain in fetuses, newborns, and children. (b) Purposes.--The purposes of this Act are-- (1) to provide grants for remediation of perchlorate contamination of water sources and supplies (including wellheads) in the State; (2) to provide grants for research and development of perchlorate remediation technologies; and (3) to express the sense of Congress that the Administrator should establish a national drinking water standard for perchlorate. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) California water authority.--The term ``California water authority'' means a public water district, public water utility, public water planning agency, municipality, or Indian tribe that is-- (A) located in a region identified under section 4(b)(3)(B); and (B) in operation as of the date of enactment of this Act. (3) Fund.--The term ``Fund'' means the California Perchlorate Cleanup Fund established by section 4(a)(1). (4) State.--The term ``State'' means the State of California. SEC. 4. CALIFORNIA PERCHLORATE REMEDIATION GRANTS. (a) Perchlorate Cleanup Fund.-- (1) Establishment.--There is established in the Treasury of the United States a fund, to be known as the ``California Perchlorate Cleanup Fund'', consisting of-- (A) any amount appropriated to the Fund under section 7; and (B) any interest earned on investment of amounts in the Fund under paragraph (3). (2) Expenditures from fund.-- (A) In general.--Subject to subparagraph (B), on receipt of a request by the Administrator, the Secretary of the Treasury shall transfer to the Administrator such amounts as the Administrator determines to be necessary to provide grants under subsections (b) and (c). (B) Administrative expenses.--An amount not to exceed 0.4 percent of the amounts in the Fund may be used to pay the administrative expenses necessary to carry out this subsection. (3) Investment of amounts.-- (A) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. (B) Interest-bearing obligations.--Investments may be made only in interest-bearing obligations of the United States. (C) Acquisition of obligations.--For the purpose of investments under subparagraph (A), obligations may be acquired-- (i) on original issue at the issue price; or (ii) by purchase of outstanding obligations at the market price. (D) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (E) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (b) Cleanup Grants.-- (1) In general.--Subject to paragraph (3), the Administrator shall provide grants to California water authorities, the total amount of which shall not exceed $50,000,000, to pay the Federal share of the cost of activities relating to cleanup of water sources and supplies (including wellheads) in the State that are contaminated by perchlorate. (2) Federal share.--The Federal share of the cost of an activity described in paragraph (1) shall not exceed 50 percent. (3) Eligibility; priority.-- (A) Eligibility.--A California water authority that the Administrator determines to be responsible for perchlorate contamination shall not be eligible to receive a grant under this subsection. (B) Priority.-- (i) Activities.--In providing grants under this subsection, the Administrator shall give priority to an activity for the remediation of-- (I) drinking water contaminated with perchlorate; (II) a water source with a high concentration of perchlorate; or (III) a water source that serves a large population that is directly affected by perchlorate contamination. (ii) Locations.--In providing grants under this subsection, the Administrator shall give priority to an activity described in clause (i) that is carried out in 1 or more of the following regions in the State: (I) The Santa Clara Valley. (II) Regions within the natural watershed of the Santa Ana River, including areas in Riverside and San Bernardino Counties. (III) The San Gabriel Valley. (IV) Sacramento County. (V) Any other region that has a damaged water source as a result of perchlorate contamination, as determined by the Administrator. (c) Research and Development Grants.-- (1) In general.--The Administrator shall provide grants, the total amount of which shall not exceed $8,000,000, to qualified non-Federal entities (as determined by the Administrator) for use in carrying out research and development of perchlorate remediation technologies. (2) Maximum amount of grant.--The amount of a grant provided under paragraph (1) shall not exceed $1,000,000. SEC. 5. EFFECT OF ACT. Nothing in this Act affects any authority or program of a Federal or State agency in existence on the date of enactment of this Act. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that the Administrator should establish a national drinking water standard for perchlorate that reflects all routes of exposure to perchlorate as soon as practicable after the date of enactment of this Act. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $58,000,000, to remain available until expended.

California Perchlorate Contamination Remediation Act - Establishes the California Perchlorate Cleanup Fund. Directs the Secretary of the Treasury to transfer amounts from the Fund to the Administrator of the Environmental Protection Agency (EPA) for the federal share of grants to California water authorities for the cleanup of water sources and supplies contaminated by perchlorate. Directs the Administrator, in awarding such grants, to give priority to: (1) activities for the remediation of drinking water contaminated with perchlorate, a water source with a high concentration of perchlorate, or a water source that serves a large population that is directly affected by perchlorate contamination; and (2) activities in the Santa Clara Valley, the San Gabriel Valley, Sacramento County, regions within the natural watershed of the Santa Ana River, and any other region that has a damaged water source contaminated with perchlorate. Authorizes the Administrator to provide grants to nonfederal entities for research and development of perchlorate remediation technologies. Urges the Administrator to establish a national drinking water standard for perchlorate that reflects all routes of exposure to perchlorate.

A bill to facilitate remediation of perchlorate contamination in water sources in the State of California, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Spill Claims Assistance and Recovery Act''. SEC. 2. OIL SPILL CLAIMS ASSISTANCE AND RECOVERY. (a) In General.--Title II of the Public Works and Economic Development Act of 1965 is amended by inserting after section 207 (42 U.S.C. 3147) the following: ``SEC. 208. OIL SPILL CLAIMS ASSISTANCE AND RECOVERY. ``(a) Establishment of Grant Program.--The Secretary shall establish a grant program to provide to eligible (as determined by the Secretary) organizations technical assistance grants for use in assisting individuals and businesses affected by the Deepwater Horizon oil spill in the Gulf of Mexico (referred to in this section as the `oil spill'). ``(b) Application.--An organization that seeks to receive a grant under this section shall submit to the Secretary an application for the grant at such time, in such form, and containing such information as the Secretary shall require. ``(c) Use of Funds.-- ``(1) In general.--Funds from a grant provided under this section may be used by an eligible organization-- ``(A) to support-- ``(i) education; ``(ii) outreach; ``(iii) intake; ``(iv) language services; ``(v) accounting services; ``(vi) legal services offered pro bono or by a nonprofit organization; ``(vii) damage assessments; ``(viii) economic loss analysis; ``(ix) collecting and preparing documentation; and ``(x) assistance in the preparation and filing of claims or appeals; ``(B) to provide assistance to individuals or businesses seeking assistance from or under-- ``(i) a party responsible for the oil spill; ``(ii) the Oil Spill Liability Trust Fund; ``(iii) an insurance policy; or ``(iv) any other program administered by the Federal Government or a State or local government; ``(C) to pay for salaries, training, and appropriate expenses relating to the purchase or lease of property to support operations, equipment (including computers and telecommunications), and travel expenses; ``(D) to assist other organizations in-- ``(i) assisting specific business sectors; ``(ii) providing services; ``(iii) assisting specific jurisdictions; or ``(iv) otherwise supporting operations; and ``(E) to establish an advisory board of service providers and technical experts-- ``(i) to monitor the claims process relating to the oil spill; and ``(ii) to provide recommendations to the parties responsible for the oil spill, the National Pollution Funds Center, other appropriate agencies, and Congress to improve fairness and efficiency in the claims process. ``(2) Prohibition on use of funds.--Funds from a grant provided under this section may not be used to provide compensation for damages or removal costs relating to the oil spill. ``(d) Provision of Grants.-- ``(1) In general.--Not later than 60 days after the date of enactment of the Oil Spill Claims Assistance and Recovery Act, the Secretary shall provide grants under this section. ``(2) Networked organizations.--The Secretary is encouraged to consider applications for grants under this section from organizations that have established networks with affected business sectors, including-- ``(A) the fishery and aquaculture industries; ``(B) the restaurant, grocery, food processing, and food delivery industries; and ``(C) the hotel and tourism industries. ``(3) Training.--Not later than 30 days after the date on which an eligible organization receives a grant under this section, the Director of the National Pollution Funds Center and the parties responsible for the oil spill shall provide training to the organization regarding the applicable rules and procedures for the claims process relating to the oil spill. ``(4) Availability of funds.--Funds from a grant provided under this section shall be available until the later of, as determined by the Secretary-- ``(A) the date that is 6 years after the date on which the oil spill occurred; and ``(B) the date on which all claims relating to the oil spill have been satisfied. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $20,000,000.''. (b) Conforming Amendment.--The table of contents of the Public Works and Economic Development Administration Act of 1965 (42 U.S.C. prec. 3121) is amended by inserting after the item relating to section 207 the following: ``Sec. 208. Oil spill claims assistance and recovery.''.

Oil Spill Claims Assistance and Recovery Act - Amends the Public Works and Economic Development Act of 1965 to direct the Secretary of Commerce to establish a program to provide technical assistance grants within 60 days after this Act's enactment to eligible organizations for use in assisting individuals and businesses affected by the Deepwater Horizon oil spill in the Gulf of Mexico. Authorizes the use of grant funds to: (1) support education, outreach, intake, language services, accounting services, pro bono legal services, damage assessments, economic loss analysis, collecting and preparing documentation, and assistance in the preparation and filing of claims or appeals; (2) provide assistance to individuals or businesses seeking assistance from a party responsible for the oil spill, the Oil Spill Liability Trust Fund, an insurance policy, or any other federal, state, or local government program; (3) pay salaries, training, and appropriate expenses relating to the purchase or lease of property to support operations, equipment, and travel expenses; (4) assist other organizations in assisting specific business sectors, providing services, assisting specific jurisdictions, or otherwise supporting operations; and (5) establish an advisory board of service providers and technical experts to monitor the claims process relating to the oil spill and to provide recommendations to the parties responsible for the oil spill, the National Pollution Funds Center, other appropriate agencies, and Congress to improve fairness and efficiency in the claims process. Prohibits the use of grant funds to provide compensation for damages or removal costs relating to the oil spill. Encourages the Secretary to consider grant applications from organizations that have established networks with affected business sectors, including the fishery and aquaculture industries, the restaurant, grocery, food processing, and food delivery industries, and the hotel and tourism industries. Requires the Director of the National Pollution Funds Center and the parties responsible for the oil spill to provide training to such an organization regarding the claims process. Makes grant funds available until the later of: (1) six years after the date of the oil spill; and (2) the date on which all claims relating to the oil spill have been satisfied.

A bill to amend the Public Works and Economic Development Administration Act of 1965 to establish a program to provide technical assistance grants for use by organizations in assisting individuals and businesses affected by the Deepwater Horizon oil spill in the Gulf of Mexico.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bear Protection Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) all 8 extant species of bear--Asian black bear, brown bear, polar bear, American black bear, spectacled bear, giant panda, sun bear, and sloth bear--are listed on Appendix I or II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249) (referred to in this section as ``CITES''); (2) Article XIV of CITES provides that Parties to CITES may adopt stricter domestic measures regarding the conditions for trade, taking, possession, or transport of species listed on Appendix I or II, and the Parties to CITES adopted a resolution in 1997 (Conf. 10.8) urging the Parties to take immediate action to demonstrably reduce the illegal trade in bear parts; (3) thousands of bears in Asia are cruelly confined in small cages to be milked for their bile, and the wild Asian bear population has declined significantly in recent years, as a result of habitat loss and poaching due to a strong demand for bear viscera used in traditional medicines and cosmetics; (4) Federal and State undercover operations have revealed that American bears have been poached for their viscera; (5) while most American black bear populations are generally stable or increasing, commercial trade could stimulate poaching and threaten certain populations if the demand for bear viscera increases; and (6) prohibitions against the importation into the United States and exportation from the United States, as well as prohibitions against the interstate trade, of bear viscera and products containing, or labeled or advertised as containing, bear viscera will assist in ensuring that the United States does not contribute to the decline of any bear population as a result of the commercial trade in bear viscera. SEC. 3. PURPOSES. The purpose of this Act is to ensure the long-term viability of the world's 8 bear species by-- (1) prohibiting interstate and international trade in bear viscera and products containing, or labeled or advertised as containing, bear viscera; (2) encouraging bilateral and multilateral efforts to eliminate such trade; and (3) ensuring that adequate Federal legislation exists with respect to domestic trade in bear viscera and products containing, or labeled or advertised as containing, bear viscera. SEC. 4. DEFINITIONS. In this Act: (1) Bear viscera.--The term ``bear viscera'' means the body fluids or internal organs, including the gallbladder and its contents but not including blood or brains, of a species of bear. (2) Import.--The term ``import'' means to land on, bring into, or introduce into any place subject to the jurisdiction of the United States, whether or not the landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of the United States. (3) Person.--The term ``person'' means-- (A) an individual, corporation, partnership, trust, association, or other private entity; (B) an officer, employee, agent, department, or instrumentality of-- (i) the Federal Government; (ii) any State, municipality, or political subdivision of a State; or (iii) any foreign government; (C) any other entity subject to the jurisdiction of the United States. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and any other territory, commonwealth, or possession of the United States. (6) Transport.--The term ``transport'' means to move, convey, carry, or ship by any means, or to deliver or receive for the purpose of movement, conveyance, carriage, or shipment. SEC. 5. PROHIBITED ACTS. (a) In General.--Except as provided in subsection (b), a person shall not-- (1) import into, or export from, the United States bear viscera or any product, item, or substance containing, or labeled or advertised as containing, bear viscera; or (2) sell or barter, offer to sell or barter, purchase, possess, transport, deliver, or receive, in interstate or foreign commerce, bear viscera or any product, item, or substance containing, or labeled or advertised as containing, bear viscera. (b) Exception for Wildlife Law Enforcement Purposes.--A person described in subparagraph (B) of section 4(3) may import into, or export from, the United States, or transport between States, bear viscera or any product, item, or substance containing, or labeled or advertised as containing, bear viscera if the importation, exportation, or transportation-- (1) is solely for purposes of enforcing laws relating to the protection of wildlife; and (2) is authorized by a valid permit issued under Appendix I or II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249), in any case in which such a permit is required under the Convention. SEC. 6. PENALTIES AND ENFORCEMENT. (a) Criminal Penalties.--A person that knowingly violates section 5 shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both. (b) Civil Penalties.-- (1) Amount.--A person that knowingly violates section 5 may be assessed a civil penalty by the Secretary of not more than $25,000 for each violation. (2) Manner of assessment and collection.--A civil penalty under this subsection shall be assessed, and may be collected, in the manner in which a civil penalty under the Endangered Species Act of 1973 may be assessed and collected under section 11(a) of that Act (16 U.S.C. 1540(a)). (c) Seizure and Forfeiture.--Any bear viscera or any product, item, or substance exported, imported, sold, bartered, attempted to be exported, imported, sold, bartered, offered for sale or barter, purchased, possessed, transported, delivered, or received in violation of this section (including any regulation issued under this section) shall be seized and forfeited to the United States. (d) Regulations.--After consultation with the Secretary of the Treasury and the United States Trade Representative, the Secretary shall issue such regulations as are necessary to carry out this section. (e) Enforcement.--The Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating shall enforce this section in the manner in which the Secretaries carry out enforcement activities under section 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 1540(e)). (f) Use of Penalty Amounts.--Amounts received as penalties, fines, or forfeiture of property under this section shall be used in accordance with section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3375(d)). SEC. 7. DISCUSSIONS CONCERNING BEAR CONSERVATION AND THE BEAR PARTS TRADE. The Secretary shall continue discussions concerning trade in bear viscera with the appropriate representatives of Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora and with other representatives of countries that are not party to the Convention which are determined by the Secretary and the United States Trade Representative to be the leading importers, exporters, or consumers of bear viscera, in order to seek to establish coordinated efforts with these countries to protect bears. SEC. 8. CERTAIN RIGHTS NOT AFFECTED. Except as provided in section 5, nothing in this Act shall be construed to affect the regulation by any State of its bear population or to affect the hunting of bears that is lawful under applicable State laws and regulations.

Bear Protection Act of 2001 - Prohibits any person from: (1) importing bear viscera into, or exporting it from, the United States; or (2) selling bear viscera, bartering, offering it for sale or barter, or purchasing, possessing, transporting, delivering, or receiving it in interstate or foreign commerce. Subjects persons who violate such prohibitions to specified penalties. Waives such prohibition for wildlife law enforcement purposes where a valid permit has been issued.Requires the Secretary of the Interior to continue discussions concerning trade in bear viscera with the appropriate representatives of Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora and with other representatives of countries that are not party to the Convention which are determined to be the leading importers, exporters, or consumers of such products, in order to establish coordinated efforts with such countries to protect bears.Declares that nothing in this Act shall be construed to affect State regulation of bear population or to affect the lawful hunting of bears under State law.

To conserve global bear populations by prohibiting the importation, exportation, and interstate trade of bear viscera and items, products, or substances containing or labeled or advertised as containing, bear viscera, and for other purposes.

SECTION 1. DEFINITIONS. As used in this Act: (1) Historic site.--The term ``historic site'' means the Tuskegee Airmen National Historic Site as established by section 3. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Tuskegee airmen.--The term ``Tuskegee Airmen'' means the thousands of men and women who served in America's African- American Air Force units of World War II and shared in the Tuskegee Experience. (4) Tuskegee university.--The term ``Tuskegee University'' means the institution of higher education by that name located in the State of Alabama and founded by Booker T. Washington in 1881, formerly named Tuskegee Institute. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The struggle of African-Americans for greater roles in North American military conflicts spans the 17th, 18th, 19th, and 20th centuries. Opportunities for African-American participation in the United States military were always very limited and controversial. Quotas, exclusion, and racial discrimination were based on the prevailing attitude in the United States, particularly on the part of the United States military, that African-Americans did not possess the intellectual capacity, aptitude, and skills to be successful fighters. (2) By the early 1940's these perceptions continued within the United States military. Key leaders within the United States Army Air Corps did not believe that African-Americans possessed the capacity to become successful military pilots. After succumbing to pressure exerted by civil rights groups and the black press, the Army decided to train a small number of African-American pilot cadets under special conditions. Although prejudice and discrimination against African-Americans was a national phenomenon, not just a southern trait, it was more intense in the South where it had hardened into rigidly enforced patterns of segregation. Such was the environment where the military chose to locate the training of the Tuskegee Airmen. (3) The military selected Tuskegee Institute (now known as Tuskegee University) as a civilian contractor for a variety of reasons. These included the school's existing facilities, engineering and technical instructors, and a climate with ideal flying conditions year round. Tuskegee Institute's strong interest in providing aeronautical training for African- American youths was also an important factor. Students from the school's civilian pilot training program had some of the best test scores when compared to other students from programs across the Southeast. (4) In 1941 the United States Army Air Corps awarded a contract to Tuskegee Institute to operate a primary flight school at Moton Field. Tuskegee Institute (now known as Tuskegee University) chose an African-American contractor who designed and constructed Moton Field, with the assistance of its faculty and students, as the site for its military pilot training program. The field was named for the school's second president, Robert Russa Moton. Consequently, Tuskegee Institute was one of a very few American institutions (and the only African-American institution) to own, develop, and control facilities for military flight instruction. (5) Moton Field, also known as the Primary Flying Field or Airport Number 2, was the only primary flight training facility for African-American pilot candidates in the United States Army Air Corps during World War II. The facility symbolizes the entrance of African-American pilots into the United States Army Air Corps, although on the basis of a policy of segregation that was mandated by the military and institutionalized in the South. The facility also symbolizes the singular role of Tuskegee Institute (Tuskegee University) in providing leadership as well as economic and educational resources to make that entry possible. (6) The Tuskegee Airmen were the first African-American soldiers to complete their training successfully and to enter the United States Army Air Corps. Almost 1,000 aviators were trained as America's first African-American military pilots. In addition, more than 10,000 military and civilian African- American men and women served as flight instructors, officers, bombardiers, navigators, radio technicians, mechanics, air traffic controllers, parachute riggers, electrical and communications specialists, medical professionals, laboratory assistants, cooks, musicians, supply, firefighting, and transportation personnel. (7) Although military leaders were hesitant to use the Tuskegee Airmen in combat, the Airmen eventually saw considerable action in North Africa and Europe. Acceptance from United States Army Air Corps units came slowly, but their courageous and, in many cases, heroic performance earned them increased combat opportunities and respect. (8) The successes of the Tuskegee Airmen proved to the American public that African-Americans, when given the opportunity, could become effective military leaders and pilots. This helped pave the way for desegregation of the military, beginning with President Harry S Truman's Executive Order 9981 in 1948. The Tuskegee Airmen's success also helped set the stage for civil rights advocates to continue the struggle to end racial discrimination during the civil rights movement of the 1950's and 1960's. (9) The story of the Tuskegee Airmen also reflects the struggle of African-Americans to achieve equal rights, not only through legal attacks on the system of segregation, but also through the techniques of nonviolent direct action. The members of the 477th Bombardment Group, who staged a nonviolent demonstration to desegregate the officer's club at Freeman Field, Indiana, helped set the pattern for direct action protests popularized by civil rights activists in later decades. (b) Purposes.--The purposes of this Act are the following: (1) To benefit and inspire present and future generations to understand and appreciate the heroic legacy of the Tuskegee Airmen, through interpretation and education, and the preservation of cultural resources at Moton Field, which was the site of primary flight training. (2) To commemorate and interpret the impact of the Tuskegee Airmen during World War II; the training process for the Tuskegee Airmen including the roles played by Moton Field, other training facilities, and related sites; the strategic role of Tuskegee Institute (Tuskegee University) in the training; the African-American struggle for greater participation in the United States military and more significant roles in defending their country; the significance of successes of the Tuskegee Airmen in leading to desegregation of the United States military shortly after World War II; and the impacts of Tuskegee Airmen accomplishments on subsequent civil rights advances of the 1950's and 1960's. SEC. 3. ESTABLISHMENT OF THE TUSKEGEE AIRMEN NATIONAL HISTORIC SITE. (a) In General.--There is hereby established as a unit of the National Park System the Tuskegee Airmen National Historic Site, in association with Tuskegee University, in the State of Alabama. (b) Description.--The total historic site, after the conditions are met for its full development and management, and subsequent to agreements to donate land by Tuskegee University and the city of Tuskegee, shall consist of approximately 90 acres, known as Moton Field, in Macon County, Alabama, as generally depicted on a map entitled ``Alternative C, Living History: Tuskegee Airmen Experience'', dated June 1998. Such map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 4. PROPERTY ACQUISITION. The Secretary may acquire by donation, exchange, or purchase with donated or appropriated funds the real property described in section 3(b), except that any property owned by the State of Alabama or any political subdivision thereof or Tuskegee University may be acquired only by donation. It is understood that property donated by Tuskegee University shall be used only for purposes consistent with this Act in commemorating the Tuskegee Airmen. The initial donation of land by Tuskegee University shall consist of approximately 35 acres with the remainder of the acreage to be donated by Tuskegee University after agreement is reached regarding the development and management of the Tuskegee Airmen National Center. The Secretary may also acquire by the same methods personal property associated with, and appropriate for, the interpretation of the historic site. SEC. 5. ADMINISTRATION OF HISTORIC SITE. (a) In General.--The Secretary shall administer the historic site in accordance with this Act and the laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (39 Stat. 535), and the Act of August 21, 1935 (49 Stat. 666). (b) Role of Tuskegee Institute National Historic Site.--Tuskegee Institute National Historic Site shall serve as the principal administrative facility for the historic site. (c) Role of Tuskegee University.--Tuskegee University shall serve as the principal partner with the National Park Service, and other Federal agencies mutually agreed upon, for the leadership, organization, development, and management of the historic site. (d) Role of Tuskegee Airmen.--The Tuskegee Airmen shall assist the principal partners for the historic site in fundraising for the development of visitor facilities and programs, and provide artifacts, memorabilia, and historical research for interpretive exhibits. (e) Development.--The general management plan for the operation and development of the historic site shall reflect Alternative C, Living History: The Tuskegee Airmen Experience, as expressed in the draft special resource study entitled ``Moton Field/Tuskegee Airmen Special Resource Study'', dated June 1998. Subsequent development of the historic site, with the approval of Tuskegee University, shall reflect Alternative D. (f) Cooperative Agreements.-- (1) In general.--The Secretary may enter into cooperative agreements with Tuskegee University, other nonhigher educational institutions, the Tuskegee Airmen, individuals, private and public organizations, and other Federal agencies in furtherance of the purposes of this Act. The Secretary shall recognize the concern of Tuskegee University for the wise management, use, and development of the historic site, and shall consult with Tuskegee University in the formulation of any cooperative agreement that may affect the historic site. (2) Tuskegee airmen national center.--The Secretary may enter into a cooperative agreement with Tuskegee University to define and implement the public/private partnership needed to develop the historic site, including the Tuskegee Airmen National Center on the grounds of the historic site. The purpose of the center shall be to extend the ability to relate more fully the story of the Tuskegee Airmen at Moton Field. The center shall house a Tuskegee Airmen Memorial and provide large exhibit space for the display of period aircraft and equipment used by the Tuskegee Airmen and a Tuskegee University Department of Aviation Science. It is the intent of the Congress that interpretive programs for visitors benefit from the school's active pilot training instruction program, and that the training program will provide a historical continuum of flight training in the tradition of the Tuskegee Airmen. The Tuskegee University Department of Aviation Science may be located in historic buildings within the Moton Field complex until the Tuskegee Airmen National Center has been completed. (3) Report.--Within one year after the date of the enactment of this Act, the Secretary and Tuskegee University, in consultation with the Tuskegee Airmen, shall prepare a report on the partnership needed to develop and operate the Tuskegee Airmen National Center, and submit the report to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. Subject to the approval of the Congress, the Secretary and Tuskegee University may enter into a cooperative agreement to permit the development of the Center. Before the balance of the land is donated and before the development of the Tuskegee Airmen National Center can proceed, a cooperative agreement acceptable to the Secretary and Tuskegee University must be executed. (g) General Management Plan.--Within 2 complete fiscal years after funds are first made available to carry out this Act, the Secretary shall prepare, with the full participation of Tuskegee University, a general management plan for the historic site and submit the plan to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Establishes the Tuskegee Airmen National Historic Site in Alabama as a unit of the National Park System. Requires the Secretary of the Interior, with the full participation of Tuskegee University, to develop and submit to specified congressional committees a general management plan for the Site. Authorizes appropriations.

To establish the Tuskegee Airmen National Historic Site, in association with the Tuskegee University, in the State of Alabama, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Savings Accounts Act of 2015''. SEC. 2. HIGHER EDUCATION PLEDGE ACCOUNTS PILOT PROGRAM. (a) In General.--The Secretary shall carry out a pilot program under which savings accounts (to be known as ``higher education pledge accounts'') are established for the benefit of eligible students in accordance with this section. (b) Eligibility and Selection of Participants.-- (1) Eligible students.--To be eligible to participate in the pilot program, a student must be-- (A) enrolled in the 9th or 10th grade at a secondary school; and (B) eligible to receive free or reduced price lunches under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (2) Selection of eligible students.--The Secretary shall select eligible students for participation in the pilot program based on such criteria as the Secretary determines to be appropriate. (c) Deposits.-- (1) Initial deposit.-- (A) In general.--The Secretary shall deposit an initial amount into each higher education pledge account. (B) Amount of initial deposit.--The amount of the initial deposit described in subparagraph (A) shall be equal to the amount of the maximum Federal Pell Grant under section 401(b) of the Higher Education Act of 1965, as specified in the last enacted appropriation Act applicable to that award year. (2) Subsequent deposits.-- (A) In general.--The Secretary may make additional deposits into a higher education pledge account based on an evaluation of the academic progress of the student in accordance with subsection (g). (B) Amount of subsequent deposits.--The amount of an additional deposit made under subparagraph (A) for an award year beginning after the date of the initial deposit under paragraph (1) shall be not less than the amount of the maximum Federal Pell Grant under section 401(b) of the Higher Education Act of 1965, as specified in the last enacted appropriation Act applicable to that award year. (d) Distributions.--A student may use funds from the student's higher education pledge account only to pay the cost of attendance at a qualified institution. (e) Tax Treatment of Accounts.-- (1) In general.--A higher education pledge account is exempt from taxation under subtitle A of the Internal Revenue Code of 1986. (2) Contributions and distributions.--For purposes of such subtitle-- (A) any contribution to a higher education pledge account by the Secretary under this Act shall not be includible in gross income; and (B) any distribution from a higher education pledge account which is permitted under this Act shall not be includible in the gross income of the individual for whose benefit such account is maintained. (f) Offset of Federal Pell Grant Amounts.--The amount of any Federal Pell Grant awarded to a student attending a qualified institution shall be reduced by the amount in such student's higher education pledge account. (g) Monitoring of Academic Progress.--The Secretary shall monitor the academic progress of each student for whose benefit a higher education pledge account is maintained. (h) Financial Counseling.--The Secretary shall ensure that each student for whose benefit a higher education pledge account is maintained receives not less than 12 hours of financial counseling with respect to-- (1) the rules pertaining to deposits, distributions, and the tax treatment of funds in the higher education pledge account; and (2) sources of Federal financial assistance for higher education. SEC. 3. DEFINITIONS. In this Act: (1) Cost of attendance.--The term ``cost of attendance'' has the meaning given the term in section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). (2) Federal financial assistance.--The term ``Federal financial assistance'' means any grant, loan, or other financial assistance that may be provided to an individual student under the Higher Education Act of 1965. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)) except that such term does not include proprietary institutions of higher education (as defined in section 102(b) of such Act (20 U.S.C. 1002(b))). (4) Qualified institution.--The term ``qualified institution'' means an institution of higher education that-- (A) has in effect a program participation agreement under section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094); and (B) is eligible to participate in programs under title IV of such Act (20 U.S.C. 1070 et seq.). (5) Secondary school.--The term ``secondary school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) Secretary.--The term ``Secretary'' means the Secretary of Education.

Higher Education Savings Accounts Act of 2015 This bill requires the Department of Education (ED) to carry out a pilot program under which tax-exempt savings accounts (to be known as higher education pledge accounts) are established for the benefit of 9th and 10th grade students who are eligible to receive free or reduced price lunches under the Richard B. Russell National School Lunch Act. ED: (1) shall deposit into each account for a selected student an initial amount equal to the amount of the maximum federal Pell Grant for the award year, and (2) may make additional deposits of such amount based on the student's academic progress. A student may use funds from such account only to pay the cost of attendance at a qualified institution. Any contribution to or distribution from such account shall not be includible in gross income. The amount of any Pell Grant awarded to a student attending a qualified institution shall be reduced by the amount in such student's account. ED shall: (1) monitor the academic progress of each student for whose benefit an account is maintained; and (2) ensure that each such student receives at least 12 hours of financial counseling on the rules pertaining to deposits, distributions, and the tax treatment of funds in the account and on sources of federal financial assistance for higher education.

Higher Education Savings Accounts Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Our Neighborhoods Act of 2012''. SEC. 2. STAYS OF FORECLOSURES. (a) Cause of Action.-- (1) In general.--A mortgagor of a property subject to a federally related mortgage loan may file a motion before a court in the jurisdiction in which the property is located for an order under subsection (d). (2) Interim order.--The court shall, on the date of such filing, enter an order that shall-- (A) stay any foreclosure proceedings (including proceedings before a State court) that have been brought against the property that is subject to the federally related mortgage loan; and (B) remain in effect for a period of 60 days, beginning on the date that the order is entered. (3) Limitation.--The mortgagor of the property subject to a federally related mortgage loan is only allowed to file one motion under subsection (a)(1). (b) Consensual Revision of Mortgage.--The mortgagor and mortgagee shall meet not later than 30 days after the mortgagor files under subsection (a). Not later than 15 days prior to that meeting, the mortgagee shall provide the mortgagor with a list of local housing counseling agencies approved by the Secretary of Housing and Urban Development. The mortgagor may be accompanied by a counselor from such an agency. If the mortgagor and mortgagee execute a consensually modified mortgage agreement within 60 days of the court granting the stay, the order under subsection (a)(2) would terminate. If at the end of the 60 days an agreement has not been reached, the court may issue an order under subsection (d) in accordance with subsection (c). The mortgagor may request not more than 1 additional meeting after the first meeting and before the end of the period during which foreclosure proceedings are stayed pursuant to an order under subsection (a) or (d). The mortgagee shall comply with that request not later than 30 days after that request. (c) Standard of Proof.--The court shall grant a motion under subsection (a)(1) for an order under subsection (d), if the mortgagor demonstrates by a preponderance of the evidence the following: (1) That the mortgagor has a reasonable ability to make payments described under subsection (d)(5). (2) Financial hardship of the mortgagor. (3) That the property subject to the mortgage would be the primary residence of the mortgagor. (d) Order Described.--An order under this subsection shall, beginning on the date that is 60 days after the filing of the motion under subsection (a)(1)-- (1) stay any foreclosure proceedings that have been brought against the property that is subject to the federally related mortgage loan, including proceedings before a State court and eviction or detainer proceedings in a non-judicial foreclosure State; (2) remain in effect for a period of up to 3 years beginning on the date that the order is entered, except that the period shall terminate if an agreement under subsection (b) is executed during such period; (3) prohibit the assessment or collection of any late fees regarding payments on the federally related mortgage loan; (4) toll the statute of limitations for any other applicable laws pertaining to the federally related mortgage loan; (5) require that the mortgagor make payments in an amount the court determines appropriate, which may include the fair market rental value of the property (determined by the court in accordance with subsection (f)), to the mortgagee at such times as the court determines appropriate; and (6) require that the mortgagee apply such payments-- (A) first, to any taxes owed on the property; (B) then, to any obligations relating to insurance, including homeowner's insurance on the property; (C) then, to any interest due on the mortgage for that period under the terms of the mortgage; and (D) finally, to the principal amount due on the mortgage for that period under the terms of the mortgage. (e) Result of Failure To Revise During Stay of Foreclosure.--If an order under subsection (d) terminates and the mortgagor and mortgagee have not submitted an agreement described in subsection (b) to the court on or before the date that the order terminates, the court shall enter an order-- (1) ordering an appraisal to determine the fair market value of the property to be performed by a licensed appraiser approved by the Secretary of Housing and Urban Development; (2) if the fair market value of the property, as determined by the appraiser is less than the principal remaining on the mortgage loan, adjusting the principal amount to the fair market value, giving consideration to the appraisal and any other information the court determines appropriate; (3) ordering reasonable interest on the principal as adjusted under paragraph (2) based on the average prime offer rate (as such term is defined in section 129C of the Truth in Lending Act (15 U.S.C. 1639c)) for mortgages; and (4) if the fair market value is greater than the principal remaining on the mortgage loan, ordering payments set at a reasonable interest rate on the remaining principal based on the average prime offer rate for mortgages on that date. (f) Determination of Fair Market Rental Value.--In determining the fair market rental value of a property for purposes of subsection (d)(5), the court shall consider the following: (1) The fair market rents for the market area in which the property is located for similar property calculated for other Federal rental housing programs. (2) Any other information the court determines appropriate. (g) Authority of Magistrate Judges.--Any proceeding regarding a motion under subsection (a) may be heard by a magistrate judge of the United States, and that magistrate judge, notwithstanding section 636(b)(1)(A) of title 28, United States Code, may issue an order in accordance with this section. (h) Limitation on Remedies.--The mortgagee's remedies shall be limited to those that would be available as if the proceeding were a foreclosure proceeding. (i) Definitions.--In this Act: (1) The term ``federally related mortgage loan'' has the meaning given such term under section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602). (2) The term ``financial hardship'' means any financial burden of a mortgagor that causes that mortgagor to be reasonably unable to make a payment on that mortgage, including-- (A) reduction in or loss of income that was supporting the mortgage; (B) change in household financial circumstances; (C) recent or upcoming increase in the mortgagor's monthly mortgage payment; (D) an unavoidable increase in other expenses; (E) a lack of cash reserves to maintain payment on the mortgage and cover basic living expenses at the same time (cash reserves include assets such as cash savings, money market funds, stocks or bonds, but exclude retirement accounts); (F) excessive monthly debt payments, including if the mortgagor has been using credit cards, a home equity loan or other credit to make the mortgage payment; (G) the mortgagor has been subject to predatory lending practices; and (H) other reasons for hardship identified and explained by the mortgagor. (3) In determining whether a lending practice is predatory, the court shall consider whether the mortgagor has been subject to practices including but not limited to: abusive collection practices; balloon payments; encouragement of default; repeat financing where the equity is depleted as a result of financing; excessive fees; excessive interest rates; fraud, deception, and abuse; high loan-to-value ratio; lending without regard to ability to repay; loan flipping; mandatory arbitration clauses; payday lending; pre-payment penalties; refinancing of mortgages with a loan that does not provide a tangible economic benefit to the borrower; refinancing unsecured debt; payment of single-premium credit insurance; the process of referring borrowers who qualify for lower-cost financing to high-cost lenders; subprime lending; high yield- spread premiums. SEC. 3. REGULATORY AUTHORITY OF THE CONSUMER FINANCIAL PROTECTION BUREAU. The Director of the Bureau of Consumer Financial Protection of the Federal Reserve System may make rules or issue guidance to carry out this Act. SEC. 4. DURATION OF THIS ACT. This Act shall be effective for 5 years, beginning on the date of enactment of this Act.

Save Our Neighborhoods Act of 2012 - Authorizes a mortgagor of a property subject to a federally related mortgage loan to file a motion before a court in the jurisdiction in which the property is located for an order to: (1) stay any foreclosure proceedings brought against the property; (2) remain in effect for up to three years; (3) prohibit the assessment or collection of any late fees regarding payments on such loan; (4) toll the statute of limitations for any other applicable laws pertaining to such loan; (5) require the mortgagor to make payments in an appropriate amount to the mortgagee at appropriate times; and (6) require the mortgagee to apply such payments first to any taxes owed on the property, and then to property insurance obligations, interest due, and the mortgage principal due. Requires the court, if an order terminates before the mortgagor and mortgagee have submitted an agreement to the court, to enter an order: (1) ordering an appraisal by an approved licensed appraiser to determine the property's fair market value; (2) adjusting the principal amount to the property's fair market value if that value is less than the principal remaining on the mortgage loan; (3) ordering reasonable interest on the principal so adjusted, based on the average prime offer rate for mortgages; and (4) ordering payments set at a reasonable interest rate on the principal remaining on the mortgage loan, based on the average prime offer rate for mortgages on that date, if the fair market value is greater than the remaining principal. Requires: (1) the court, on the date such motion is filed, to stay any foreclosure proceedings that have been brought against the property; (2) the mortgagor and mortgagee to meet after the mortgagor files the motion; and (3) the mortgagee to provide the mortgagor with a list of approved local housing counseling agencies. Requires the foreclosure stay order to terminate if the mortgagor and mortgagee execute a consensually modified mortgage agreement within 60 days after the grant of the stay. Authorizes the Director of the Consumer Financial Protection Bureau of the Federal Reserve System to make rules or issue guidance to carry out this Act.

To save neighborhoods and keep families in their homes by encouraging mortgage loan modifications and suspending foreclosures and evictions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workers' Bill of Rights''. SEC. 2. NATIONAL LABOR RELATIONS ACT. (a) Recognition of Representative.-- (1) In general.--Section 8(a)(2) of the National Labor Relations Act (29 U.S.C. 158(a)(2)) is amended by inserting before the colon the following: ``or to recognize or bargain collectively with a labor organization that has not been selected by such employees in a secret ballot election conducted in accordance with section 9''. (2) Application.--The amendment made by subsection (a) shall not apply to collective bargaining relationships that were recognized before the date of the enactment of this Act. (b) Limitation on Dues Collection Agreement.--Section 8(a)(3) of the National Labor Relations Act (29 U.S.C. 158(a)(3)) is amended to read as follows: ``(3) by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage membership in any labor organization: Provided, That nothing in this Act, or in any other statute of the United States, shall preclude an employer from making an agreement with a labor organization (not established, maintained, or assisted by any action defined in this subsection as an unfair labor practice) to require as a condition of employment payment of dues or a fee equal to that portion of dues actually spent on collective bargaining representation of the employees in the collective bargaining unit covered by such agreement on or after the 30th day following the beginning of such employment or the effective date of such agreement, whichever is the later (A) if such labor organization is the representative of the employees as provided in section 9(a) in the appropriate collective- bargaining unit covered by such agreement when made, (B) if such agreement provides that employees are allowed to elect to pay a reduced fee instead of dues at any reasonable time, but not less than once per month, by notifying at any time their collective bargaining representative of this election and that all employees covered by such arrangement are clearly notified of their rights by the labor organization under this paragraph in a separate written notice delivered personnally or by mail upon hiring and thereafter not less than once each year, and (C) unless following an election held as provided in section 9(e) within one year preceding the effective date of such agreement, the Board shall have certified that a majority voting in such election have voted to rescind the authority of such labor organization to make such an agreement: Provided further, That no employer shall justify any discrimination against an employee for nonmembership in a labor organization (i) if he has reasonable grounds for believing that membership was not available to the employee on the same terms and conditions generally applicable to other members, or (ii) if he has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership.''. (c) Membership Right To Vote on Contracts.--Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of the paragraph (7) and inserting a semicolon; and (3) by adding at the end the following: ``(8) to strike an employer unless the employees of the collective bargaining unit engaged in the strike have voted by secret ballot to reject the last contract offer proposed by such employer; and''. (d) Election Required.-- (1) In general.--Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)), as amended by subsection (c) of this section, is amended by adding at the end the following: ``(9) to cause or attempt to cause an employer to recognize or bargain collectively with a representative of a labor organization that has not been selected by such employees in a secret ballot election conducted in accordance with section 9.''. (2) Application.--The amendment made by paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of the enactment of this Act. (e) Secret Ballot Election.--Section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)), is amended-- (1) by inserting ``(1)'' after ``(a)''; (2) by inserting after ``designated or selected'' the following: ``by a secret ballot election conducted in accordance with this section''; and (3) by adding at the end the following: ``(2) Paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of the enactment of the Workers' Bill of Rights Act.''. (f) Contract Bar.--Section 9(c)(1) of the National Labor Relations Act (29 U.S.C. 159(c)(1)) is amended by adding at the end the following sentence: ``The Board shall not refrain to direct an election under this section on the grounds of the existence of a collective bargaining contract that became effective 1 or more years before the filing of a petition for such election.''. (g) Deauthorization of Union Security Agreements.--Section 9(e)(1) of the National Labor Relations Act (29 U.S.C. 159(e)(1)) is amended by adding at the end the following sentence: ``Such authority shall be rescinded if a majority of the ballots cast vote to rescind the authority.''. (h) Enforcement of Limitation on Dues Agreement.--Section 10 of the National Labor Relations Act (29 U.S.C. 160) is amended-- (1) by redesignating subsection (m) as subsection (n); and (2) by inserting after subsection (l) the following: ``(m) Money Damages.-- ``(1) Liability.--If an employee disputes the amount of fees collected by the labor organization under an agreement with the employer under section 8(a)(3), such employee may bring a civil action against the labor organization-- ``(A) for total damages, for each employee, equal to-- ``(i) 10 times the amount of fees taken in violation of this section; ``(ii) the interest on the amount described in clause (i) calculated at the prevailing rate; and ``(iii) not more than $1,500 in punitive damages; and ``(B) for such equitable relief as may be appropriate. ``(2) Right of action.--An action to recover the damages or equitable relief prescribed in paragraph (1) may be maintained against any labor organization in any Federal court of competent jurisdiction by any one or more employees for and on behalf of-- ``(A) the employees; or ``(B) the employees and other employees similarly situated. ``(3) Fees and costs.--The court in such action shall, in addition to any judgment awarded to the plaintiff, allow for reasonable attorney's fee, expert witness fees, and other costs of the action to be paid by the defendant. ``(4) Limitation.--An action may be brought under this subsection not later that 2 years after the date the employee knew or should have known that dues or fees were accepted or spent by a labor organization in violation of this Act, except that such period shall be extended to 3 years in the case of a willful violation by a labor organization.''. SEC. 3. LABOR MANAGEMENT AND REPORTING ACT. (a) Recipients of Federal Funds.--Section 3(e) of the Labor- Management Reporting and Disclosure Act of 1959 (29 U.S.C. 402(e)) is amended-- (1) by striking ``Employer'' and inserting ``(1) Except as provided in paragraph (2), employer''; and (2) by adding at the end the following new paragraph: ``(2) Notwithstanding the exclusion in paragraph (1), an employer shall also include any employer or any group or association of employers that receives Federal funds.''. (b) Disclosure.--Section 3 of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 402) is amended by adding at the end the following new subsection: ``(s) `Core dues payer' means any employee, other than a member, who pays dues, fees or assessments to a labor organization as a result of an agreement between an employer and a labor organization.''. (c) Voting.--Section 101(a) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 411(a)) is amended-- (1) in paragraph (1)-- (A) by inserting ``(A)'' after ``(a)(1)''; and (B) by striking ``Rights'' in the heading and inserting ``rights for members''; (2) by inserting after paragraph (1)(A) (as designated by paragraph (1)(A) of this subsection) the following new subparagraph: ``(B) Rights for core dues payers.--Every core dues payer shall have the same right as any member of the labor organization to participate in any vote that concerns a strike by the bargaining unit in which such employee is employed or that concerns the wages, benefits, or working conditions of the employees of such bargaining unit.''. (d) Availability of Information.--Section 201(c) of the Labor- Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431(c)) is amended to read as follows: ``(c) Availability of Information to Members; Examination of Books, Records and Accounts.--Each labor organization required to submit a report under this title, shall make available the information required to be contained in such report to all of its members and core dues payers, and every such labor organization and its officers shall be under a duty enforceable at the competent jurisdiction or in the district court of the United States for the district in which such labor organization maintains its principal office, to permit such member or core dues payer to examine any books, records, and accounts necessary to verify such report, unless the labor organization shows that such examination is initiated primarily for vexatious purposes.''. (e) Purposes of Establishment of Trusteeship.-- (1) Trusteeship.--Section 302 of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 462) is amended-- (A) by inserting ``(a)'' before ``Trusteeships''; and (B) by adding at the end the following: ``(b)(1) Except as provided in paragraph (2), a trusteeship may be authorized only after a fair hearing either before the executive board or such other body as may be provided by the constitution and bylaws of the labor organization and only if, in such hearing, the labor organization establishes by the preponderance of evidence that the trusteeship is necessary for a purpose allowable under this section. ``(2) If immediate action is necessary to fulfill the purposes of this section, a temporary trusteeship may be established, for not more than 30 days, pending a hearing under paragraph (1).''. (2) Enforcement.--Section 304(c) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 464(c)) is amended to read as follows: ``(c) Eighteen months after the authorization of a trusteeship, such trusteeship shall be presumed invalid in any proceeding pursuant to this section and its discontinuance shall be decreed unless the labor organization shall show by clear and convincing proof that the continuation of the trusteeship is necessary for a purpose allowable under section 302. In the latter event the court may dismiss the complaint or retain jurisdiction of the cause on such conditions and for such period as it deems appropriate.'' (3) Dissolution of trusteeship.--Section 304 of the Labor- Management Reporting and Disclosure Act of 1959 (29 U.S.C. 464) is amended by adding at the end the following: ``(d) Upon dissolution of a trusteeship, the previously elected officers of the local union shall be reinstated or a new election promptly held in conformity with title IV. If the trusteeship is dissolved by order of a court pursuant to this title, and the court orders an election, such election shall be conducted under the supervision of the court.''. (f) Elections.-- (1) Membership lists.--Section 401(c) of the Labor- Management Reporting and Disclosure Act of 1959 (29 U.S.C. 481(c)) is amended-- (A) by striking ``30 days'' and inserting ``60 days''; and (B) by striking ``to inspect a list'' and inserting ``to inspect and, upon request, to be provided with a copy of a list''. (2) District council officers.--Section 401(d) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 481(d)) is amended to read as follows: ``(d) Officers of intermediate bodies, such as general committees, system boards, joint boards or joint councils who engage in negotiation, administration or enforcement of collective agreements, or exercise control over the finances or other major functions of local unions, shall be elected not less often than once every 4 years by secret ballot among members in good standing. Officers of other intermediate bodies may be elected by representatives of such members who have been elected by secret ballot by members in good standing.''. (3) Qualifications.--Section 401(e) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 481(e)) is amended by striking ``and to reasonable qualifications uniformly imposed'' and by inserting after ``eligible to be a candidate'' the following: ``(subject to reasonable qualifications which do not exclude a majority of the members and which are uniformly imposed)''. (4) Overturning.--Section 402(c)(2) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 482(c)(2)) is amended by striking ``affected the outcome of an election'' and inserting ``substantially understated or overstated the support of one of the candidates for office to the point that the democratic purposes of the election were undermined''. (g) Intervention of Secretary.--Section 501(b) of the Labor- Management Reporting and Disclosure Act of 1959 (29 U.S.C. 501) is amended by adding the following sentence: ``The Secretary may intervene in a suit filed under this section if the Secretary determines it is appropriate.''. (h) Civil Money Penalties.--Title VI of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 521, et seq.) is amended-- (1) by redesignating section 611 as section 612; and (2) by inserting after section 610 the following: ``SEC. 611. CIVIL MONEY PENALTIES. ``(a) In General.--The Secretary, upon finding a violation of either sections 201(a), 201(b), 202, 203, or 301 of this Act, may require the person, labor organization, or employer responsible for such violation to pay a civil money penalty in an amount determined under a schedule of penalties which is established and published by the Secretary and which takes into account the nature of the violation involved, the revenues of, and the existence of previous violations of the Act by, the person, labor organization or employer involved, and such other factors as the Secretary considers appropriate. ``(b) Notice.--The Secretary may not make any determination adverse to a person, labor organization, or employer under subsection (a) until such person, labor organization, or employer is given written notice and an opportunity to be heard before the Secretary or designee. Procedures for such notice, opportunity to be heard, decision and review shall be as set forth under sections 208 and 606. A request for review shall be filed in Federal district court not later than 30 days after receipt of an adverse determination.''. SEC. 4. REGULATIONS. Not later than 6 months after the date of the enactment of this Act-- (1) the National Labor Relations Board shall review and revise all regulations promulgated before such date to implement the amendments made in this Act to the National Labor Relations Act; and (2) the Secretary of Labor shall review and revise all regulations promulgated before such date to implement the amendments made in this Act to the Labor-Management Reporting and Disclosure Act of 1959. SEC. 5. LIMITATION ON SUPERVISION. (a) In General.--A court order that requires-- (1) a third party to monitor the actions and expenditures of a labor organization and its officers, and (2) the labor organization to pay for the expenses of the third party for such monitoring, shall cease to be effective 10 years after such order is issued. (b) Application.--Subsection (a) shall apply to any court order issued on or after the date of enactment of this Act and any court order issued before such date. SEC. 6. CONSPIRACY TO RESTRAIN WORKERS' ABILITY TO SELECT REPRESENTATIVE. Section 6 of the Clayton Act (15 U.S.C. 17) is amended by adding at the end the following: ``Nothing in this section shall make it lawful for 2, or more, labor organizations to enter into an agreement that restrains the ability of an employee to select a collective representative.''.

Workers' Bill of Rights - Amends the National Labor Relations Act to add provisions relating to: (1) an employer's recognition of a labor organization as representative of workers for collective bargaining and other purposes; (2) limitation on dues collection; (3) membership right to vote on a contract before a strike is called; (4) penalties for causing recognition of an unelected labor organization; (5) secret ballot election; (6) the lifting of a bar against an election once an existing contract has been in effect for one year or more; (7) majority deauthorization of union security agreements; and (8) enforcement of limits on dues agreements.Amends the Labor-Management Reporting and Disclosure Act of 1959 to include coverage of employers, or groups or associations of employers, that receive Federal funds. Gives employees who are not union members, but who are core dues payers, the same right as any union member to participate in any vote that concerns a strike or wages, benefits, or working conditions. Revises provisions relating to availability of information. Allows a trusteeship (for authorization control of a union) to be authorized only after a fair hearing either before the executive board or another body provided by the constitution and bylaws of the labor organization. Requires a labor organization to show by clear and convincing proof that the continuation of the trusteeship is necessary for an allowable purpose.Amends the Clayton Act to provide that nothing shall make it lawful for any two or more labor organizations to enter into an agreement that restrains an employee's ability to select a collecting bargaining representative.

To amend certain labor laws to ensure fairness.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Intermodal Transportation Act of 2005''. SEC. 2. INTERMODAL PASSENGER FACILITIES. (a) In General.--Chapter 55 of title 49, United States Code, is amended by adding at the end the following: ``SUBCHAPTER III--INTERMODAL PASSENGER FACILITIES ``Sec. 5571. Policy and purposes ``(a) Development and Enhancement of Intermodal Passenger Facilities.--It is in the economic interest of the United States to improve the efficiency of public surface transportation modes by ensuring the connection with and access to intermodal passenger terminals, thereby streamlining the transfer of passengers among modes, enhancing travel options, and increasing passenger transportation operating efficiencies. ``(b) General Purposes.--The purpose of this subchapter is to accelerate intermodal integration among North America's passenger transportation modes through-- ``(1) assuring intercity public transportation access to intermodal passenger facilities; ``(2) encouraging the development of an integrated system of public transportation information; and ``(3) providing intercity bus intermodal passenger facility grants. ``Sec. 5572. Definitions ``In this subchapter-- ``(1) the term `capital project' means a project for-- ``(A) acquiring, constructing, improving, or renovating a publicly or privately owned or operated intermodal facility that is related physically and functionally to intercity bus service in order to establish or enhance coordination between intercity bus service and transportation, including aviation, local public transportation by bus or rail, commuter bus or rail, intercity rail, seaports, and the National Highway System, including physical infrastructure associated with private bus operations at existing and new intermodal facilities, such as building construction or renovation, special lanes, curb cuts, ticket kiosks and counters, passenger waiting areas, baggage and package express storage, employee parking, office space, security, and signage; and ``(B) establishing or enhancing coordination between intercity bus service and transportation, including aviation, commuter bus or rail, intercity rail, and the National Highway System through a publicly or privately owned or operated integrated system of public transportation information; ``(2) the term `commuter service' means service designed primarily to provide daily work trips within the local commuting area; ``(3) the term `Intercity bus service' means-- ``(A) regularly scheduled bus service for the general public which-- ``(i) operates with limited stops over fixed routes connecting two or more urban areas, or connecting rural areas with urban areas, not in close proximity; ``(ii) has the capacity for transporting baggage carried by passengers; and ``(iii) makes meaningful connections with scheduled intercity bus service to more distant points; and ``(B) charter and tour bus service; ``(4) the term `intermodal passenger facility' means a passenger terminal that does, or can be modified to, accommodate several modes of transportation and related facilities, including some or all of the following: intercity rail, commuter bus or rail, intercity bus, local public transportation, either bus or rail, airport limousine service and airline ticket offices, rent-a-car facilities, taxis, private parking, and other transportation services; ``(5) the term `local governmental authority' includes-- ``(A) a political subdivision of a State; ``(B) an authority of at least one State or political subdivision of a State; ``(C) an Indian tribe; and ``(D) a public corporation, board, or commission established under the laws of the State; ``(6) the term `owner or operator of a public transportation facility' means an owner or operator of intercity-rail, intercity-bus, commuter-rail, rail-transit, bus-transit, or ferry services; ``(7) the term `recipient' means any public or private entity that receives a grant to carry out this section directly from the Federal Government; ``(8) the term `Secretary' means the Secretary of Transportation; ``(9) the term `State' means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands; and ``(10) the term `urban area' means an area that includes a municipality or other area that the Secretary, after considering local patterns and trends of urban growth, decides is appropriate for a local public transportation system to serve individuals in the locality. ``Sec. 5573. Assurance of access to intermodal passenger facilities ``Intercity buses and other modes of transportation shall, to the maximum extent practicable, have access to publicly funded intermodal passenger facilities including passenger facilities described in section 5574. ``Sec. 5574. Intercity bus intermodal passenger facility grants ``(a) General Authority.--The Secretary of Transportation may make grants under this section to recipients in financing a capital project, as defined in section 5572, only if the Secretary finds that the proposed project is justified and has an adequate financial commitment. ``(b) Competitive Grant Selection.--The Secretary shall conduct a national solicitation for applications for grants under this section. Grantees shall be selected on a competitive basis. ``(c) Share of Net Project Costs.-- ``(1) A grant shall not exceed 80 percent of the net project cost, as determined by the Secretary. ``(2) The portion of the net costs of an eligible project that is not funded under this section shall be from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new public or private capital and may include amounts appropriated to or made available to a department or agency of the Federal government that are eligible to be expended for transportation. ``(d) Contractual Obligations.--A grant provided under this section that is financed with amounts made available under section 5575(a) is a contractual obligation of the United States Government to pay the Government's share of the cost of the project. ``(e) Regulations.--The Secretary may issue regulations necessary to carry out this section. ``Sec. 5575. Funding ``(a) Mass Transit Account.--To carry out this subchapter, there is authorized to be appropriated for each of fiscal years 2006 through 2009 from the Mass Transit Account of the Highway Trust Fund, $75,000,000, of which no more than $5,000,000 may be used to carry out paragraphs (1) and (2) of section 5571(b). The requirements of section 5309 shall apply to a project that receives funds pursuant to this subsection. ``(b) Highway Account.-- ``(1) There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out section 5571(b)(3) $10,000,000 for each of fiscal years 2006 through 2009. ``(2) The funding made available under paragraph (1) shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23 and shall be subject to any obligation limitation imposed on funds for Federal-aid highways and highway safety construction programs. ``(c) Period of Availability.--Amounts made available by subsection (a) of this section shall remain available until expended. ``(d) Conforming Amendment.--The table of contents for chapter 55 of title 49, United States Code, is amended by inserting at the end the following: ``subchapter iii--intermodal passenger facilities ``5571. Policy and purposes. ``5572. Definitions. ``5573. Assurance of access to intermodal facilities. ``5574. Intercity bus intermodal passenger facility grants. ``5575. Funding.''

Intermodal Transportation Act of 2005 - Amends Federal transportation law to authorize the Secretary of Transportation to award grants to public or private entities for capital projects for: (1) acquiring, constructing, improving, or renovating a publicly or privately owned or operated intermodal passenger facility related to intercity bus service; and (2) establishing or enhancing coordination between such service and other specified transportation through a publicly or privately owned or operated integrated system of public transportation information. Sets the Federal share of project costs at 80 percent.

To improve intermodal transportation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Board of Veterans' Appeals Administrative Procedures Improvement Act of 1994''. SEC. 2. NUMBER OF MEMBERS OF BOARD OF VETERANS' APPEALS. Section 7101(a) of title 38, United States Code, is amended by striking out ``(not more than 65)''. SEC. 3. ETHICAL AND LEGAL LIMITATIONS ON CHAIRMAN. Section 7101(b)(1) of title 38, United States Code, is amended by inserting after the first sentence the following new sentence: ``The Chairman shall be subject to the same ethical and legal limitations and restrictions concerning involvement in political activities as apply to judges of the United States Court of Veterans Appeals.''. SEC. 4. ACTING AND TEMPORARY MEMBERS OF BOARD OF VETERANS' APPEALS. (a) In General.--Subsection (c) of section 7101 of title 38, United States Code, is amended-- (1) by striking out paragraph (1) and inserting in lieu thereof the following: ``(1)(A) The Chairman may from time to time designate one or more employees of the Department to serve as acting members of the Board. Except as provided in subparagraph (B), any such designation shall be for a period not to exceed 90 days, as determined by the Chairman. ``(B) An individual designated as an acting member of the Board may continue to serve as an acting member of the Board in the making of any determination on a proceeding for which the individual was designated as an acting member of the Board, notwithstanding the termination of the period of designation of the individual as an acting member of the Board under subparagraph (A) or (C). ``(C) An individual may not serve as an acting member of the Board for more than 270 days during any one-year period. ``(D) At no time may the number of acting members exceed 20 percent of the total of the number of Board members and acting Board members combined.''; (2) by striking out paragraph (2); (3) by redesignating paragraph (3) as paragraph (2); and (4) in paragraph (2), as so redesignated, by striking out ``the number of temporary Board members'' and all that follows through the period at the end and inserting in lieu thereof ``the number of acting members of the Board designated under such paragraph (1) during the year for which the report is made.''. (b) Conforming Amendments.--(1) Subsection (e) of such section is amended by striking out ``a temporary or'' and inserting in lieu thereof ``an''. (2) Subsection (d)(3)(B) of such section is amended by striking ``section 7103(d)'' and inserting in lieu thereof ``section 7101(a)''. SEC. 5. CHAIRMAN'S ANNUAL REPORT ON BOARD ACTIVITIES. Section 7101(d)(2) of title 38, United States Code, is amended-- (1) by striking out ``and'' at the end of subparagraph (D); (2) by striking out the period at the end of subparagraph (E) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new subparagraph: ``(F) the number of employees of the Department designated under subsection (c)(1) to serve as acting members of the Board during that year and the number of cases in which each such member participated during that year.''. SEC. 6. DECISIONS BY THE BOARD. (a) Action By BVA.--Sections 7102 and 7103 of title 38, United States Code, are amended to read as follows: ``Sec. 7102. Assignment of members of Board ``(a) A proceeding instituted before the Board may be assigned to an individual member of the Board or to a panel of not less than three members of the Board. A member or panel assigned a proceeding shall make a determination thereon, including any motion filed in connection therewith. The member or panel, as the case may be, shall make a report under section 7104(d) of this title on any such determination, which report shall constitute the final disposition of the proceeding by the member or panel. ``(b) A proceeding may not be assigned to the Chairman as an individual member. The Chairman may participate in a proceeding assigned to a panel or in a reconsideration assigned to a panel of members. ``Sec. 7103. Reconsideration; correction of obvious errors ``(a) The decision of the Board determining a matter under section 7102 of this title is final unless the Chairman orders reconsideration of the decision in accordance with subsection (b). Such an order may be made on the Chairman's initiative or upon motion of the claimant. ``(b)(1) Upon the order of the Chairman for reconsideration of the decision in a case, the case shall be referred-- ``(A) in the case of a matter originally heard by a single member of the Board, to a panel of not less than three members of the Board; or ``(B) in the case of a matter originally heard by a panel of members of the Board, to an enlarged panel of the Board. ``(2) A panel referred to in paragraph (1) may not include the member, or any member of the panel, that made the decision subject to reconsideration. ``(3) A panel reconsidering a case under this subsection shall render its decision after reviewing the entire record before the Board. The decision of the panel shall be made by a majority vote of the members of the panel. The decision of the panel shall constitute the final decision of the Board. ``(c) The Board on its own motion may correct an obvious error in the record, without regard to whether there has been a motion or order for reconsideration.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 71 of such title is amended by striking out the item relating to section 7103 and inserting in lieu thereof the following: ``7103. Reconsideration; correction of obvious errors.''. SEC. 7. PROCEDURES RELATING TO APPEALS. (a) In General.--(1) Section 7107 of title 38, United States Code, is amended to read as follows: ``Sec. 7107. Appeals: dockets; hearings ``(a)(1) Each case received pursuant to application for review on appeal shall be considered and decided in regular order according to its place upon the docket. ``(2) A case referred to in paragraph (1) may, for cause shown, be advanced on motion for earlier consideration and determination. Any such motion shall set forth succinctly the grounds upon which it is based and may not be granted unless the case involves interpretation of law of general application affecting other claims or for other sufficient cause shown. ``(b) The Board shall decide any appeal only after affording the appellant an opportunity for a hearing. ``(c) A hearing docket shall be maintained and formal recorded hearings shall be held by such member or members of the Board as the Chairman may designate. Such member or members designated by the Chairman to conduct the hearing shall, except in the case of a reconsideration of a decision under section 7103 of this title, participate in making the final determination of the claim. ``(d)(1) An appellant may request that a hearing before the Board be held at its principal location or at a facility of the Department located within the area served by a regional office of the Department. ``(2) A hearing to be held within an area served by a regional office of the Department shall (except as provided in paragraph (3)) be scheduled to be held in the order in which requests for hearings within that area are received by the Department. ``(3) In a case in which the Secretary is aware that the appellant is seriously ill or is under severe financial hardship, a hearing may be scheduled at a time earlier than would be provided for under paragraph (2). ``(e)(1) At the request of the Chairman, the Secretary may provide suitable facilities and equipment to the Board or other components of the Department to enable an appellant located at a facility within the area served by a regional office to participate, through voice transmission or through picture and voice transmission, by electronic or other means, in a hearing with a Board member or members sitting at the Board's principal location. ``(2) When such facilities and equipment are available, the Chairman may afford the appellant an opportunity to participate in a hearing before the Board through the use of such facilities and equipment in lieu of a hearing held by personally appearing before a Board member or panel as provided in subsection (d). Any such hearing shall be conducted in the same manner as, and shall be considered the equivalent of, a personal hearing. If the appellant declines to participate in a hearing through the use of such facilities and equipment, the opportunity of the appellant to a hearing as provided in such subsection (d) shall not be affected.''. (2) The item relating to section 7107 in the table of sections at the beginning of chapter 71 of such title is amended to read as follows: ``7107. Appeals: dockets; hearings.''. (b) Conforming Amendments.--(1) Section 7104(a) of such title is amended by striking out the third sentence. (2) Section 7110 of such title is repealed. (3) The table of sections at the beginning of chapter 71 of such title is amended by striking out the item relating to section 7110. SEC. 8. CROSS-REFERENCE CORRECTION. Section 7104(a) of title 38, United States Code, is amended by striking out ``211(a)'' and inserting in lieu thereof ``511(a)''. SEC. 9. REVISION TO INCOME VERIFICATION REQUIREMENTS. (a) Parents DIC.--Section 1315(e) of title 38, United States Code, is amended-- (1) in the first sentence-- (A) by striking out ``shall'' and inserting in lieu thereof ``may''; and (B) by striking out ``each year'' and inserting in lieu thereof ``for a calendar year''; and (2) in the second sentence-- (A) by striking out ``file with the Secretary a revised report'' and inserting in lieu thereof ``notify the Secretary''; and (B) by striking out ``the estimated''. (b) Pension.--Section 1506 of such title is amended-- (1) in paragraph (2)-- (A) by striking out ``shall'' and inserting in lieu thereof ``may''; and (B) by striking out ``each year'' and inserting in lieu thereof ``for a calendar year''; and (2) in paragraph (3)-- (A) by striking out ``file a revised report'' and inserting in lieu thereof ``notify the Secretary''; (B) by striking out ``estimated'' each place it appears; and (C) by striking out ``such applicant's or recipient's estimate of''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Board of Veterans' Appeals Administrative Procedures Improvement Act of 1994 - Amends Federal law pertaining to the Board of Veterans' Appeals to: (1) remove the 65-person limitation for the Board; (2) subject the Chairman of the Board to the same limitations and restrictions concerning involvement in political activities as currently apply to judges of the U.S. Court of Veterans Appeals; (3) allow the Chairman to designate employees of the Department of Veterans Affairs to serve as acting members of the Board for up to 90 days (with other limitations); and (4) include information concerning such acting members and the number of cases they handled in a required report on Board activities. Allows proceedings assigned to the Board to be assigned to an individual member or a three-member panel for decision. (Current law requires such decisions by a minimum three-member panel.) Sets forth revised provisions relating to: (1) decision reconsideration as ordered by the Chairman; (2) the correction of obvious errors upon Board motion; and (3) appeals procedures. Allows (current law requires) the Secretary to require a parents' dependency and indemnity compensation recipient or applicant to file an annual income statement. Requires the applicant to notify the Secretary (current law requires a revised report) when there is a material change in the applicant's estimated income for that year. Makes identical changes with respect to a recipient or applicant for veterans' pension benefits.

Board of Veterans' Appeals Administrative Procedures Improvement Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Transportation Safety Board Reauthorization Act of 2003''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) Fiscal Years 2003-2006.--Section 1118(a) of title 49, United States Code, is amended-- (1) by striking ``and''; and (2) by striking ``such sums to'' and inserting the following: ``$73,325,000 for fiscal year 2003, $78,757,000 for fiscal year 2004, $83,011,000 for fiscal year 2005, and $87,539,000 for fiscal year 2006. Such sums shall''. (b) Emergency Fund.--Section 1118(b) of such title is amended by striking the second sentence and inserting the following: ``In addition, there are authorized to be appropriated such sums as may be necessary to increase the fund to, and maintain the fund at, a level of not to exceed $6,000,000.''. (c) NTSB Academy.--Section 1118 of such title is amended by adding at the end the following: ``(c) Academy.--There are authorized to be appropriated to the Board for necessary expenses of the National Transportation Safety Board Academy, not otherwise provided for, $3,347,000 for fiscal year 2003, $4,896,000 for fiscal year 2004, $4,995,000 for fiscal year 2005, and $5,200,000 for fiscal year 2006. Such sums shall remain available until expended.''. SEC. 3. ACCIDENT AND SAFETY DATA CLASSIFICATION AND PUBLICATION. Section 1119 of title 49, United States Code, is amended by adding at the end the following: ``(c) Appeals.-- ``(1) Notification of rights.--In any case in which an employee of the Board determines that an occurrence associated with the operation of an aircraft constitutes an accident, the employee shall notify the owner or operator of that aircraft of the right to appeal that determination to the Board. ``(2) Procedure.--The Board shall establish and publish the procedures for appeals under this subsection. ``(3) Limitation on applicability.--This subsection shall not apply in the case of an accident that results in a loss of life.''. SEC. 4. SECRETARY OF TRANSPORTATION'S RESPONSES TO SAFETY RECOMMENDATIONS. Section 1135(d) of title 49, United States Code, is amended to read as follows: ``(d) Reporting Requirements.-- ``(1) Annual secretarial regulatory status reports.--On February 1 of each year, the Secretary shall submit a report to Congress and the Board containing the regulatory status of each significant safety recommendation made by the Board to the Secretary (or to an Administration within the Department). The Secretary shall continue to report on the regulatory status of each such recommendation in the report due on February 1 of subsequent years until final regulatory action is taken on that recommendation or the Secretary (or an Administration within the Department) determines and states in such a report that no action should be taken. ``(2) Failure to report.--If on March 1 of each year the Board has not received the Secretary's report required by this subsection, the Board shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the Secretary's failure to submit the required report. ``(3) Significant safety recommendation defined.--For the purposes of this subsection, the term `significant safety recommendation' means a recommendation included in the Board's `most wanted list' and any recommendation concerning 15- passenger van safety, railroad grade crossing safety, and medical certifications for a commercial driver's license. ``(4) Termination.--This subsection shall cease to be in effect after the report required to be filed on February 1, 2008, is filed.''. SEC. 5. ASSISTANCE TO FAMILIES OF PASSENGERS INVOLVED IN AIRCRAFT ACCIDENTS. (a) Relinquishment of Investigative Priority.--Section 1136 of title 49, United States Code, is amended by adding at the end the following: ``(j) Relinquishment of Investigative Priority.-- ``(1) General rule.--This section (other than subsection (g)) shall not apply to an aircraft accident if the Board has relinquished investigative priority under section 1131(a)(2)(B) and the Federal agency to which the Board relinquished investigative priority is willing and able to provide assistance to the victims and families of the passengers involved in the accident. ``(2) Board assistance.--If this section does not apply to an aircraft accident because the Board has relinquished investigative priority with respect to the accident, the Board shall assist, to the maximum extent possible, the agency to which the Board has relinquished investigative priority in assisting families with respect to the accident.''. (b) Revision of MOU.--Not later than 1 year after the date of enactment of this Act, the National Transportation Safety Board and the Federal Bureau of Investigation shall revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this section and shall submit a copy of the revised agreement to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. SEC. 6. TECHNICAL AMENDMENTS. Section 1131(a)(2) of title 49, United States Code, is amended by moving subparagraphs (B) and (C) 4 ems to the left. Passed the House of Representatives May 15, 2003. Attest: JEFF TRANDAHL, Clerk. By Martha C. Morrison, Deputy Clerk.

National Transportation Safety Board Reauthorization Act of 2003 - (Sec. 2) Amends Federal transportation law to extend the authorization of appropriations for the National Transportation Safety Board (NTSB), including the NTSB Academy, for FY 2003 through 2006.Authorizes such appropriations as may be necessary to increase the emergency fund from $2 million to $6 million.(Sec. 3) Requires an NTSB employee, in any case in which the employee determines that an occurrence associated with the operation of an aircraft constitutes an accident (except when there is loss of life), to notify the owner or operator of that aircraft of the right to appeal that determination to the NTSB.(Sec. 4) Revises requirements for the Secretary of Transportation's annual report to Congress on each transportation safety recommendation of the NTSB and the Secretary's response. Requires the Secretary to report annually to Congress and the NTSB on the regulatory status of each significant NTSB safety recommendation. Requires the NTSB to report to Congress any failure of the Secretary to make such a report.Defines the term "significant safety recommendation" as a recommendation included in the Board's "most wanted list" and any recommendation concerning 15-passenger van safety, railroad grade crossing safety, and medical certifications for a commercial driver's license.(Sec. 5) Relieves the NTSB of the duty to render specified assistance to families of passengers involved in an aircraft accident if the NTSB has relinquished its investigative priority to investigate it and the Federal agency to which it has relinquished such priority is willing and able to provide assistance to the victims and families of the passengers. Requires the NTSB, however, even if it has relinquished such priority, to assist, to the maximum extent possible, the agency to which it has relinquished it in assisting families with respect to the accident.Directs the NTSB and the Federal Bureau of Investigation to revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this Act, and to submit such revision to specified congressional committees.

To amend title 49, United States Code, to authorize appropriations for the National Transportation Safety Board for fiscal years 2003 through 2006, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Refueling Assistance Act of 2014''. SEC. 2. STUDY ON MOTOR VEHICLE REFUELING ASSISTANCE FOR QUALIFIED INDIVIDUALS WITH DISABILITIES. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Transportation (in this Act referred to as the ``Secretary''), in consultation with the Attorney General, shall conduct a study on motor vehicle refueling assistance to qualified individuals with disabilities. (b) Subject Matter.--The study required by subsection (a) shall address the following: (1) The adequacy of Federal regulations and guidance in effect at the time the study is conducted to enable qualified individuals with disabilities to receive motor vehicle refueling assistance in a safe, timely, convenient, and consistent manner. (2) Data on the practices of gas stations for providing motor vehicle refueling assistance to qualified individuals with disabilities. (3) Measures available to gas stations to improve motor vehicle refueling assistance for qualified individuals with disabilities, including an assessment of the cost and feasibility of implementing such measures, taking into account variations in the equipment and technology used by gas stations at the time of the study. (4) The extent to which the location of gas stations in rural or urban areas affects the measures available to such gas stations to improve motor vehicle refueling assistance for qualified individuals with disabilities. (5) The feasibility of requiring gas stations to install a freestanding device operable with a closed fist and reachable from inside a motor vehicle (referred to in this subsection as a ``calling device'') to be used by a qualified individual with a disability to alert a station attendant that such individual requires motor vehicle refueling assistance, including an assessment of-- (A) the extent to which the installation of a calling device would improve the ability of qualified individuals with disabilities to receive motor vehicle refueling assistance in a safe, timely, convenient, and consistent manner; (B) the measures necessary to ensure that a calling device be designed and installed in accordance with all accessibility guidelines for public accommodations under title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181 et seq.); (C) the need for appropriate signage at gas stations-- (i) that clearly identifies the purpose of a calling device and the hours during which motor vehicle refueling assistance is available through use of the device; and (ii) that is clearly visible to a qualified individual with a disability inside a motor vehicle in the refueling area of a gas station; (D) the cost to a gas station to install and maintain a calling device and the burden of such cost on small and large gas stations; and (E) funding opportunities to offset the cost of installing calling devices, including grant programs and new or existing tax credits. (6) Methods of disseminating information relating to the availability of motor vehicle refueling assistance in consultation with State officials, including the use of Internet-based and smart phone technology to allow individuals to search by location for gas stations with operable calling devices. (c) Consultation With Interested Parties.--In conducting the study required by subsection (a), the Secretary shall consult with groups representing individuals with disabilities, groups representing veterans, gas station owners, and other interested parties. SEC. 3. REPORT TO CONGRESS. Not later than 90 days after completing the study required by section 2(a), the Secretary, in consultation with the Attorney General, shall submit to Congress a report that-- (1) summarizes the results of the study; and (2) includes recommendations for imposing feasible and cost-effective requirements on gas stations to improve motor vehicle refueling assistance for qualified individuals with disabilities. SEC. 4. REGULATIONS. Not later than 180 days after submitting the report required by section 3, the Secretary, in consultation with the Attorney General, shall promulgate any regulations that the Secretary considers necessary to improve motor vehicle refueling assistance for qualified individuals with disabilities, taking into account the results of the study required by section 2(a). SEC. 5. ENFORCEMENT. (a) Civil Penalty.-- (1) In general.--Except as provided in subsection (b), the Secretary may impose a civil penalty on a person that the Secretary determines, in accordance with subchapter II of chapter 5 of title 5, United States Code (commonly known as the ``Administrative Procedure Act''), knowingly violates the regulations promulgated pursuant to section 4. (2) Determination of amount of penalty.--In determining the amount of the penalty to be imposed on a person under paragraph (1), the Secretary shall consider the severity of the violation, the size of the relevant business owned or operated by the person, and the extent to which the penalty will affect the financial viability of such business. (b) Notice of Violation.--The Secretary may not impose a penalty on a person for violating the regulations promulgated pursuant to section 4 unless such violation continues for more than 30 days after the date on which the individual receives notice of the violation. SEC. 6. QUALIFIED INDIVIDUAL WITH A DISABILITY DEFINED. In this Act, the term ``qualified individual with a disability'' has the meaning given the term in section 201(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131).

Refueling Assistance Act of 2014 - Directs the Secretary of Transportation (DOT) to study motor vehicle refueling assistance to qualified individuals with disabilities. Requires the Secretary to report to Congress the study results and any recommendations for imposing feasible and cost-effective requirements on gas stations to improve motor vehicle refueling assistance for such individuals. Authorizes the Secretary to impose a civil penalty on persons who knowingly violate any regulations issued under this Act.

Refueling Assistance Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telephone Privacy Act of 1993''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to protect the right to privacy of telephone users by enabling them to limit the dissemination of their telephone numbers to persons of their choosing; (2) to encourage the use of new services which discourage harassing and obscene telephone calls even though information identifying the caller may be blocked; and (3) to require government entities to give public notice of their use of caller identification service. SEC. 3. AMENDMENT OF TITLE 18, UNITED STATES CODE. (a) Prohibitions.--Section 3121 of title 18, United States Code, is amended to read as follows: ``Sec. 3121. General prohibition on pen register and trap and trace device use; exceptions ``(a) In General.--Except as provided in this section, no person may install or use a pen register or a trap and trace device without first obtaining a court order under section 3123 of this title or under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). ``(b) Exceptions.--(1)(A) Subject to paragraph (2), the prohibition of subsection (a) does not apply with respect to the installation or use of a pen register or a trap and trace device by a provider of electronic or wire communication service-- ``(i) relating to the operation, maintenance, or testing of a wire or electronic communication service or to the protection of the rights or property of such provider, or to the protection of users of that service from abuse of service or unlawful use of service; ``(ii) to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful or abusive use of service; ``(iii) with the prior consent of the recipient of the communication when the communication may be relevant to an ongoing criminal or counterintelligence investigation; ``(iv) in connection with the provision of call return service; or ``(v) in connection with the provision of caller identification service to a user of that service, if the service provider-- ``(I) permits the recipient of a communication to use call trace; and ``(II) permits the originator of a communication to block caller identification-- ``(aa) on a per call basis without charge; ``(bb) on a per line basis with or without charge, in a State in which it is authorized by statute or regulation prior to the date of enactment of this clause, and at the request of the originator; and ``(cc) on a per line basis without charge at the request of an originator that is a victim of domestic violence protected by court order, a victim's service program, or a battered women's shelter or other organization providing safe haven for victims of domestic violence. ``(B) Subparagraph (A) (iv) and (v) shall not be construed to require a provider of electronic or wire communication service to enable an originator of a communication to block caller identification-- ``(i) on the emergency assistance telephone line of a Federal, State, or municipal police or fire department or on a 911 emergency line; ``(ii) on calls within a customer's system; or ``(iii) of a communication made from a public pay telephone. ``(2) The exception afforded by paragraph (1) does not apply to a communication to a governmental entity on a line that is publicized or represented as ensuring the confidentiality of the originator of a communication, such as an anonymous tip line or a confidential information line. ``(3) The prohibition of subsection (a) does not apply with respect to the use of information that a subscriber to an automatic number identification service or charge number service receives, to the extent that the use consists of-- ``(A) use for billing and collection, routing, screening, and completion of the originating telephone subscriber's call or transaction, or for services directly related to the originating telephone subscriber's call or transaction; ``(B) reuse or sale after the recipient orally notifies the originator of the recipient's desire to reuse or sell the information and extends to the originator an option to limit or prohibit such reuse or sale; ``(C) use for the purposes of-- ``(i) performing a service or transaction that is the subject of the communication; ``(ii) ensuring the quality of network performance, the maintenance of security, or the effectiveness of call delivery; ``(iii) compiling, using, or disclosing aggregate information; ``(iv) complying with law or a court order; or ``(v) offering to an originator of a communication with which the recipient has an established customer relationship a product or service that is directly related to products or services that the originator has previously obtained from the recipient of the communication; or ``(D) use for any lawful purpose if there is available to the originator of the communication the ability to block caller identification to the recipient-- ``(i) on a per call basis without charge; or ``(ii) on a per line basis with or without charge in a State in which it is authorized by statute or regulation prior to the date of enactment of this clause and offered in combination with blocking on a per call basis without charge. ``(4) Nothing in paragraph (3) affects the provision or use of automatic number identification or charge number information by a provider of electronic or wire communication service. ``(c) Civil Action.--(1) An originator of a communication that is aggrieved by the knowing or intentional failure of a provider of communication service to allow blocking of caller identification as described in subsection (b)(1)(A)(v) may recover from the provider in accordance with section 2707. ``(2) An originator of a communication that is aggrieved by the knowing or intentional use of caller identification information by the recipient of the communication in violation of subsection (b)(3) may recover from the recipient in accordance with section 2707. ``(d) Criminal Penalty.--(1) Whoever knowingly violates subsection (a) shall be fined under this title or imprisoned not more than one year, or both. ``(2) Paragraph (1) does not apply to the use of information that is made available to the recipient of a communication through an automatic number identification or charge number service. ``(e) Preemption.--Notwithstanding any other provision of law, no State may prohibit, in any way other than in accordance with subsections (a) and (b), the making available by providers of electronic or wire communication services or the use by their customers of caller identification service. ``(f) Intent of Congress.--This section is intended neither to endorse nor to facilitate the use of blocking of caller identification by originators of obscene or harassing telephone calls, nor is it intended to limit the enforcement of laws prohibiting such telephone calls.''. (b) Definitions.--Section 3127 of title 18, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(7) the term `automatic number identification or charge number' means an access signaling protocol in common use by common carriers that uses an identifying signal associated with the use of a subscriber's telephone to provide billing information or other information to the local exchange carrier or any other interconnecting carriers; ``(8) the term `block' means to prevent or control, and the term `blocking' means a service that allows the originator of a call to prevent or control, the transmission of information that identifies the originator to the recipient of the call; ``(9) the term `caller identification' means the transmission of information that identifies the originator of a wire communication to the recipient of the communication; ``(10) the term `call return service' means a service provided to a user of a communication line that enables a recipient of a communication on that line to initiate a return communication to the originator without disclosing to the recipient the identity of the originator (except in connection with the provider's regular billing process); and ``(11) the term `call trace service' means a service provided to a user of a communication line that enables a recipient of a communication on that line to cause the identity of the originator of the communication to be disclosed to the service provider's security personnel and to law enforcement officials without disclosing to the recipient the identity of the originator.''. SEC. 4. NOTICE BY GOVERNMENT ENTITIES OF USE OF CALLER IDENTIFICATION SERVICE. (a) Federal Entities.--A Federal Government entity that uses caller identification service shall publish in the Federal Register and have printed in any phone directory in which its number is listed, for the guidance of the public, notice of the government entity's use of caller identification service within a reasonable time after initiating that use. The Federal Register notice shall describe the scope and purpose of that use. (b) State and Local Entities.--A State or local government entity that uses caller identification service shall make available and publish in the official publication of that State or local government entity and have printed in any phone directory in which its number is listed, for the guidance of the public, notice of that government entity's use of caller identification service within a reasonable time after initiating that use. The official publication notice shall describe the scope and purpose of that use.

Telephone Privacy Act of 1993 - Amends the Federal criminal code (Code) to prohibit any person from installing or using a pen register or a trap and trace device without first obtaining a court order under appropriate Code provisions or under the Foreign Intelligence Surveillance Act of 1978. Provides exceptions to such prohibition, including in connection with the provision of caller identification service (caller ID). States that nothing in this Act affects the provision or use of caller ID or charge number information by a provider of electronic or wire communication service. Provides for civil actions and criminal penalties for violations of this Act's prohibition. States that this Act is not intended to endorse or facilitate the use of blocking of caller ID by originators of obscene or harassing telephone calls or to limit the enforcement of laws prohibiting such calls. Requires any Government entity to publish in the Federal Register and have printed in the appropriate phone directory notice of its use of caller ID. Provides a similar requirement for State and local governmental entities.

Telephone Privacy Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicaid Health Allowance Act of 1993''. SEC. 2. ESTABLISHMENT OF PROGRAM. (a) In general.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by adding at the end the following new section: ``state health allowance programs ``Sec. 1931. (a) treatment of Expenditures Under Health Allowance Programs as Medical Assistance Under State Plan.-- ``(1) In General.--Notwithstanding any other provision of this title, for purposes of determining the amount to be paid to a State under section 1903(a)(1) for quarters in any fiscal year, amounts expended by an eligible State (as described in subsection (b)) during the fiscal year under a State health allowance program (as described in subsection (c)) shall be included in the total amount expended during the fiscal year as medical assistance under the State plan (except as provided under paragraph (2) or under subsection (d)(1)(C)). ``(2) Federal payment restricted to acute care services.-- No amounts expended under a State health allowance program that are attributable to medical assistance described in paragraphs (4), (14), (15), (23), or (24) of section 1905(a) shall be included in the total amount expended as medical assistance under the State plan. ``(b) Eligibility of State.-- ``(1) In general.--A State is eligible for purposes of subsection (a) if the State submits (at such time and in such form as the Secretary may require) an application to the Secretary containing the following information and assurances: ``(A) Assurances that the State laws governing the sale and marketing of health plans reflect standards established by the National Association of Insurance Commissioners (or by the Secretary in accordance with paragraph (3)) relating to community rating of premiums that meet the requirements of paragraph (2). ``(B) Assurances that the State laws governing the sale and marketing of health insurance plans reflect standards established by the National Association of Insurance Commissioners (or by the Secretary in accordance with paragraph (3)) relating to pre-existing conditions and guaranteed renewability. ``(C) Assurances that the State has adopted and is enforced standards regarding quality assurance for health benefit plans participating in the State health allowance program, including standards regarding-- ``(i) uniform reporting requirements for such plans relating to a minimum set of clinical data, patient satisfaction data, and other information that may be used by individuals to compare the quality of various plans; and ``(ii) the establishment or designation of an entity of the State government to collect the data described in clause (i) and to regularly report such data to the Secretary. ``(D) Such other information and assurances as the Secretary may require. ``(2) Requirements for rating bands for premiums.-- ``(A) In general.--Under the standards relating to community rating of premiums established by the National Association of Insurance Commissioners or by the Secretary, for a class of business of a carrier, the premium rates charged during a rating period to employers with similar demographic or other objective characteristics (not relating to claims experience, health status, or duration of coverage) for the same or similar coverage, or the rates which could be charged to such employers under the rating system for that class of business, shall not vary from the index rate by more than 15 percent of the index rate. ``(B) Definitions.--In this paragraph: ``(i) Base premium rate.--The term `base premium rate' means, for each class of business for each rating period, the lowest premium rate charged or which could have charged under a rating system for that class of business by the carrier to employers with similar demographic or other objective characteristics (not relating to claims experience, health status, or duration of coverage) for health benefit plans with the same or similar coverage. ``(ii) Carrier.--The term `carrier' means any entity which provides health insurance or health benefits in a State, and includes a licensed insurance company, a prepaid hospital or medical service plan, a health maintenance organization, the plan sponsor of a multiple employer welfare arrangement or an employee benefit plan (as defined under the Employee Retirement Income Security Act of 1974), or any other entity providing a plan of health insurance subject to State insurance regulation. ``(iii) Class of business.--The term `class of business' means, with respect to a carrier, all (or a distinct group of) small employers as shown on the records of the carrier. For purposes of the preceding sentence-- ``(I) a carrier may establish, subject to subclause (II), a distinct group of employers on the basis that the applicable health benefit plans either-- ``(aa) are marketed and sold through individuals and organizations which are not participating in the marketing or sale of other distinct groups of employers for the carrier, ``(bb) have been acquired from another carrier as a distinct group, or ``(cc) are provided through an association that has a membership of not less than 100 employers and that has been formed for purposes other than obtaining health coverage; ``(II) a carrier may not establish more than 2 groupings under each class of business based on the carrier's use of managed-care techniques if the techniques are expected to produce substantial variation in health care costs; and ``(III) notwithstanding subclauses (I) and (II), a State commissioner of Insurance of a State, upon application and if authorized under State law, may approve additional distinct groups upon a finding that such approval would enhance the efficiency and fairness of the employer marketplace. ``(iv) Demographic characteristics.--The term `demographic characteristics' means age, gender, industry, geographic area, family composition, and group size. ``(v) Index rate.--The term ``index rate'' means, with respect to a class of business, the arithmetic average of the applicable base premium rate and the corresponding highest premium rate for the class. ``(3) Establishment of standards by secretary.--If, after the expiration of the 9-month period that begins on the date of the enactment of this Act, the National Association of Insurance Commissioners has not established the standards described in paragraph (1), the Secretary shall establish such standards not later than 1 year after the date of the enactment of this Act. ``(c) State Health Allowance Program Described.-- ``(1) Enrollment of participating individuals in approved health benefit plans.--In this section, a State health allowance program is a program in effect in all the political subdivisions of the State (except as provided in (c)) under which the State makes payments to the individual's insurer as an allowance towards the costs of providing the individual with benefits under an approved health benefit plan. ``(2) Approved plans described.--For purposes of paragraph (1), a State shall approve health benefit plans in accordance with such standards as the State may establish, except that-- ``(A) the State may not approve a plan for a year unless the actuarial value of the benefits provided by and the cost-sharing associated with the plan for the year-- ``(i) with respect to the first year for which the plan is approved for purposes of this subsection, is not less than the actuarial value of the medical assistance provided under the State plan under this title for the year (as determined by the Secretary without regard to medical assistance described in paragraphs (4), (14), (15), (23), or (24) of section 1905(a)); and ``(ii) with respect to any subsequent year, is not greater than the amount determined under this subparagraph for the preceding year, increased by the amount (expressed as a percentage) by which the actuarial value of the medical assistance described in clause (i) for the year exceeds or is less than the actuarial value of such medical assistance for the preceding year; ``(B) at least one of the plans approved by the State shall be a health maintenance organization or other plan under which payments are otherwise made on a capitated basis for providing medical assistance to individuals enrolled in the State plan under this title; and ``(C) in the case of an individual who is entitled to benefits under the State plan under this title as of the first month during which the State health allowance program is in effect, an approved plan may not require the individual to contribute a greater amount of cost- sharing than the individual would have been required to contribute under the State plan (except as may be imposed on an individual described in subparagraph (B) or subparagraph (C) of subsection (d)(1)). ``(3) Waiver of statewideness requirement.--At the request of a State, the Secretary may waive for a period not to exceed 3 years (subject to one 3-year extension) the requirement under paragraph (1) that the State health allowance program be in effect in all political subdivisions of the State. ``(d) Eligibility of Individuals to Participate in Allowance Program.-- ``(1) In general.--An individual is eligible to participate in a State health allowance program described in subsection (c) if the individual meets such criteria as the State may impose, except that-- ``(A) the State shall enroll the individual in the program if the individual's income is equal to or less than 100 percent of the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1991) applicable to a family of the size involved; ``(B) the State may enroll the individual in the program if the individual's income is greater than 100 percent of such official poverty line, except that the State may require such an individual to contribute additional cost-sharing towards the health benefit plan if such cost-sharing is determined in accordance with a sliding scale based on the individual's income; ``(C) the State may enroll an individual who is described in subparagraph (B) and whose income is equal to or greater than 200 percent of such official poverty line in the program, except that no amounts expended by the State during a fiscal year on behalf of such an individual may be included in the total amount expended during the fiscal year as medical assistance under the State plan; and ``(D) no individual shall be eligible to participate in the program if the individual is entitled to benefits under title XVIII of the Social Security Act pursuant to section 226 of such Act. ``(2) Automatic eligibility of medicaid categorically eligible individuals.--Under the criteria imposed by a State under paragraph (1), any individual to whom the State makes medical assistance available under the State plan under this title pursuant to clause (i) of section 1902(a)(10)(A) shall be eligible to participate in the State health allowance program. ``(3) Use of resource standard.--Under the criteria imposed by a State under paragraph (1), a State may not require an individual to meet any resource standard unless the Secretary approves the State's use of such a standard. ``(e) Evaluations and Reports.-- ``(1) Evaluations.--Not later than 3 years after the date of the enactment of this section (and at such subsequent intervals as the Secretary considers appropriate), the Secretary shall evaluate the effectiveness of the State health allowance programs for which Federal financial participation is provided under this section, and the impact of such programs on increasing the number of individuals with health insurance coverage in participating States and in controlling the costs of health care in such States. ``(2) Reports.--Not later than 3 years after the date of the enactment of this section (and at such subsequent intervals as the Secretary considers appropriate), the Secretary shall submit a report on the program to Congress.''. (b) Ensuring Budget Neutrality Through Reduction in Disproportionate Share Hospital Payments for Participating States.-- Section 1923 of the Social Security Act (42 U.S.C. 1396r-4) is amended by adding at the end the following new subsection: ``(g) Reduction in Payment Adjustments for States With Health Allowance Programs.--In the case of a State operating a State health allowance program under section 1931 in a fiscal year, the Secretary shall reduce the total payment adjustments made under this section for hospitals in the State for quarters in the year by such amount as the Secretary determines to be necessary to ensure that the total amount paid to the State under section 1903(a)(1) for the year does not exceed the amount that would have been paid to the State under such section for the year if the State did not operate such a program. SEC. 3. EFFECTIVE DATE. The amendments made by section 2 shall apply to calendar quarters beginning on or after January 1, 1994.

Medicaid Health Allowance Act of 1993 - Amends title XIX (Medicaid) of the Social Security Act to create State health allowance programs under which the State makes payments to an insurer of an eligible individual as an allowance towards the cost of providing the individual with benefits under an approved health benefit plan.

Medicaid Health Allowance Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Insurance Premium Relief Act of 2013''. SEC. 2. TEMPORARY DELAY OF IMPLEMENTATION AND PHASE-IN OF PREMIUM RATE INCREASES FOR CERTAIN PROPERTIES. (a) Newly Purchased Properties.-- (1) Delay of implementation.--For any property that is purchased after July 6, 2012, and before January 1, 2015, the risk premium rate charged for flood insurance under the national flood insurance program under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) shall-- (A) during the 12-month period beginning upon such purchase, be the amount of such risk premium rate chargeable for such property immediately before such purchase; and (B) thereafter, be a rate that is not less than those estimated under section 1307(a)(1) of such Act (42 U.S.C. 4014(a)(1)), as required by paragraph (2) of that section, subject to paragraph (2) of this subsection. (2) Phase-in of increased rates.--Upon the expiration of any 12-month period referred to in paragraph (1)(A) with respect to any property, any increase in the risk premium rate charged for flood insurance for such property that is a result of paragraph (1)(B) shall be phased in over a 10-year period, at the rate of 10 percent for each year following the expiration of such 12-month period. (b) Properties With New Flood Insurance Rate Maps.-- (1) Delay of implementation.--For any property that is located in an area that is participating in the national flood insurance program under the National Flood Insurance Act of 1968, that is covered by a flood insurance policy on the date of a covered flood insurance rate map update, and for which the risk premium rate charged for flood insurance for such property has increased, or will increase, as a result of such update, the risk premium rate charged for flood insurance under the national flood insurance program shall, during the 12-month period beginning upon the effective date of such covered flood insurance rate map update, be the amount of such risk premium rate chargeable for such property immediately before the effective date of such update. (2) Phase-in of increased rates.--Upon the expiration of any 12-month period referred to in paragraph (1) with respect to any property, any increase in the risk premium rate charged for flood insurance for such property that is a result of such covered flood insurance rate map update shall be phased in over a 10-year period, at the rate of 10 percent for each year following the expiration of such 12-month period. (3) Covered flood insurance rate map update.--For purposes of this subsection, the term ``covered flood insurance rate map update'' means any revision or updating of flood insurance rate maps under the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.), or the Biggert-Waters Flood Insurance Reform Act of 2012 (subtitle A of title II of division F of Public Law 112-141), that takes effect after July 6, 2012, and before January 1, 2015. SEC. 3. PERMANENT PHASE-IN OF PREMIUM RATE INCREASES FOR CERTAIN PROPERTIES. (a) Properties Purchased in 2015 or After.--Paragraph (2) of section 1307(g) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(g)(2)) is amended by striking ``after the date of enactment of the Biggert-Waters Flood Insurance Reform Act of 2012'' and inserting the following: ``on or after January 1, 2015, except that any increase in the risk premium rate charged for flood insurance resulting from this paragraph for any such property shall be phased in over a 10-year period, at the rate of 10 percent for each year following such purchase''. (b) Properties With New Flood Insurance Rate Maps Effective in 2015 or After.--Subsection (h) of section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(h)) is amended-- (1) in the first sentence, by inserting before the period at the end the following: ``and to section 2(b) of the Flood Insurance Premium Relief Act of 2013''; and (2) in the second sentence-- (A) by striking ``Any increase'' and inserting ``In the case of any such update that takes effect on or after January 1, 2015, any increase''; and (B) by striking ``5-year period, at the rate of 20 percent'' and inserting ``10-year period, at the rate of 10 percent''.

Flood Insurance Premium Relief Act of 2013 - States that the flood insurance risk premium rate for property purchased between July 6, 2012, and January 1, 2015, shall, during the 12-month period beginning upon such purchase, be the amount chargeable for such property immediately before its purchase (thus delaying implementation of the rate increase). Requires phase-in of the rate increase, following expiration of such 12-month period, over a 10-year period, at 10% for each year. Makes conforming amendments to the National Flood Insurance Act of 1968.

Flood Insurance Premium Relief Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Internet Freedom Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Freedom of speech, freedom of the press, and freedom of association are fundamental characteristics of a free society. The first amendment to the Constitution guarantees that ``Congress shall make no law . . . abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble . . .''. These constitutional provisions guarantee the rights of Americans to communicate and associate with one another without restriction, including unfettered communication and association via the Internet. Article 19 of the Universal Declaration of Human Rights of the United Nations explicitly guarantees the freedom to ``receive and impart information and ideas through any media and regardless of frontiers''. (2) All peoples have the right to communicate freely with others, and to have unrestricted access to news and information, including on the Internet. (3) With nearly 14 percent of the population of the world now online, and an increasing number of people gaining access to the Internet each day, the Internet stands to become the most powerful engine for democratization and the free exchange of ideas ever invented. (4) Unrestricted access to news and information on the Internet is a check on authoritarian rule by repressive foreign governments in countries around the world. (5) The governments of Burma, Cuba, Iran, Laos, the Maldives, North Korea, the People's Republic of China, Saudi Arabia, Syria, and Vietnam, among others, are taking active measures to prevent their citizens from freely accessing the Internet and from obtaining international political, religious, and economic news and information. (6) Intergovernmental, nongovernmental, and media organizations have reported the widespread and increasing pattern by repressive foreign governments of Internet jamming, including jamming, censoring, blocking, monitoring, and restricting Internet access and content by using technologies such as firewalls, filters, and ``black boxes''. Such interference with individual activity on the Internet includes surveillance of e-mail messages, message boards, and the use of particular words, ``stealth blocking'' individuals from visiting particular websites, the development of ``black lists'' of users who seek to visit these websites, and the complete denial of access to the Internet. (7) The websites of the Voice of America and Radio Free Asia, as well as hundreds of news sources with an Internet presence, are routinely being jammed by repressive governments. (8) Since the 1940s, the United States has deployed anti- jamming technologies to make Voice of America and other United States-sponsored radio broadcasting available to peoples in countries with governments that seek to block news and information. (9) The United States has thus far commenced only modest steps to fund and deploy technologies to defeat Internet jamming. To date, for example, the Voice of America and Radio Free Asia have committed a total of $3,000,000 for technology to counter Internet jamming of their websites by the People's Republic of China. This technology has been relied upon by Voice of America and Radio Free Asia to ensure access to their programming, and it has successfully permitted 100,000 electronic hits per day from users in China. However, United States financial support for this technology has lapsed. In most other countries there is no meaningful United States support for Internet freedom. (10) The success of United States policy in support of freedom of speech, press, and association requires new initiatives to defeat totalitarian and authoritarian controls on news and information over the Internet. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to adopt an effective and robust global Internet freedom policy; (2) to establish an office within the International Broadcasting Bureau with the sole mission of countering Internet jamming by repressive foreign governments; (3) to expedite the development and deployment of technologies to protect Internet freedom in countries around the world; (4) to authorize a substantial portion of United States international broadcasting resources to be committed to the continued development and implementation of technologies to counter Internet jamming by repressive foreign governments; (5) to utilize the expertise of the private sector in the development and implementation of such technologies, so that the many current technologies used commercially for securing business transactions and providing virtual meeting spaces can be used to promote democracy and freedom in countries around the world; and (6) to bring to bear the pressure of the free world on repressive foreign governments that engage in Internet jamming and the intimidation and persecution by such governments of their citizens who use the Internet. SEC. 4. DEVELOPMENT AND DEPLOYMENT OF TECHNOLOGIES TO DEFEAT INTERNET JAMMING AND CENSORSHIP. (a) Establishment of Office of Global Internet Freedom.--There is established in the International Broadcasting Bureau the Office of Global Internet Freedom (in this Act referred to as the ``Office''). The Office shall be headed by a Director who shall develop and implement a comprehensive global strategy to combat state-sponsored and state-directed Internet jamming by repressive foreign governments, and the intimidation and persecution by such governments of their citizens who use the Internet. (b) Cooperation of Other Federal Departments and Agencies.--Each department and agency of the United States Government shall cooperate fully with, and assist in the implementation of, the strategy developed by the Office and shall make such resources and information available to the Office as is necessary to achieve the purposes of this Act. (c) Report to Congress.--Not later than March 1 of the year following the date of the enactment of this Act and one year thereafter, the Director of the Office shall submit to Congress a report on the status of state-sponsored and state-directed Internet jamming by repressive foreign governments and a description of efforts by the United States to counter such jamming. Each report shall list the countries the governments of which engage in Internet jamming, provide information concerning the government agencies or quasi- governmental organizations of such governments that engage in Internet jamming; and describe with the greatest particularity practicable the technological means by which such jamming is accomplished. If the Director determines that such is appropriate, the Director may submit such report together with a classified annex. (d) Limitation on Authority.--Nothing in this Act shall be interpreted to authorize any action by the United States to interfere with Internet jamming by a repressive foreign government if such jamming is in furtherance of legitimate law enforcement aims that are consistent with the Universal Declaration of Human Rights. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Office $50,000,000 for each of the fiscal years 2007 and 2008. SEC. 5. SENSE OF CONGRESS. It is the sense of Congress that the United States should-- (1) publicly, prominently, and consistently denounce repressive foreign governments that engage in Internet jamming; (2) direct the United States Representative to the United Nations to submit a resolution at the next annual meeting of the United Nations Human Rights Commission condemning repressive foreign governments that engage in Internet jamming and deny their citizens the freedom to access and share information on the Internet; and (3) deploy, at the earliest practicable date, technologies aimed at defeating state-sponsored and state-directed Internet jamming by repressive foreign governments and the intimidation and persecution by such governments of their citizens who use the Internet. SEC. 6. DEFINITION. In this Act, the term ``Internet jamming'' means jamming, censoring, blocking, monitoring, or restricting Internet access and content by using technologies such as firewalls, filters, and ``black boxes''.

Global Internet Freedom Act - Establishes in the International Broadcasting Bureau the Office of Global Internet Freedom to develop and implement a comprehensive global strategy to combat state-sponsored and state-directed Internet jamming by repressive foreign governments, and the intimidation and persecution by such governments of their citizens who use the Internet. Requires an annual report from the Office to Congress on the status of state-sponsored and state-directed Internet jamming by repressive foreign governments and a description of U.S. efforts to counter such jamming. Expresses the sense of Congress that the United States should: (1) denounce repressive foreign governments that engage in Internet jamming; (2) direct the U.S. Representative to the United Nations (UN) to submit a resolution condemning repressive foreign governments that engage in Internet jamming and deny their citizens the freedom to access and share information on the Internet; and (3) deploy technologies aimed at defeating state-sponsored and state-directed Internet jamming by repressive foreign governments, and the intimidation and persecution by such governments of their citizens who use the Internet.

To develop and deploy technologies to defeat Internet jamming.

SECTION 1. SHORT TITLE. This Act may be cited as the ``m-SPAM Act of 2009''. SEC. 2. EXEMPTION OF CERTAIN QUALIFYING MESSAGES FROM THE DEFINITION OF MOBILE SERVICE COMMERCIAL MESSAGE. (a) In General.--Section 14(d) of the CAN-SPAM Act of 2003 (15 U.S.C. 7712(d)) is amended to read as follows: ``(d) Definitions.--In this section: ``(1) Commercial mobile service.--The term `commercial mobile service' has the same meaning given such term in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)). ``(2) Mobile service commercial message.--The term `mobile service commercial message'-- ``(A) means-- ``(i) a commercial electronic mail message that is transmitted directly to a wireless device that is utilized by a subscriber of commercial mobile service in connection with such service; and ``(ii) an unsolicited short message or a short message where the recipient of such message has not previously agreed to enter or exercised an option to enter into an agreement with the sender of such message to receive such messages; and ``(B) does not include any such commercial electronic mail message or short message, if the primary purpose of such message is to-- ``(i) facilitate, complete, or confirm a commercial transaction that the recipient of such message has previously agreed to enter into with the sender of such message; ``(ii) provide warranty information, product recall information, or safety or security information with respect to a commercial product or service used or purchased by the recipient of such message; ``(iii) provide, with respect to a subscription, membership, account, loan, or comparable ongoing commercial relationship involving the ongoing purchase or use by the recipient of such message of products or services offered by the sender of such message-- ``(I) notice concerning a change in the terms or features of such subscription, membership, account, loan, or comparable ongoing commercial relationship; ``(II) notice of a change in the standing or status of the recipient with respect to such subscription, membership, account, loan, or comparable ongoing commercial relationship; or ``(III) at regular periodic intervals, account balance information or other types of account statements with respect to such subscription, membership, account, loan, or comparable ongoing commercial relationship; ``(iv) provide information directly related to an employment relationship or related benefit plan in which the recipient of such message is eligible for, currently involved, participating, or enrolled; or ``(v) deliver goods or services, including product updates or upgrades, that the recipient of such message is entitled to receive under the terms of a transaction that the recipient has previously agreed to enter into with the sender of such message. ``(3) Short message.--The term `short message' means a text or other message sent to a telephone number or an identifier other than an electronic mail address assigned to a wireless device. ``(4) Wireless device.--The term `wireless device' means a phone or other device utilized by a user of commercial mobile service in connection with such service.''. (b) Certain Messages.-- (1) Applicability of act.--Section 14 of the CAN-SPAM Act of 2003 (15 U.S.C. 7712) is amended by adding at the end the following: ``(e) Applicability Regarding Short Messaging Services and Mobile Service Commercial Messages.--This section shall not prohibit-- ``(1) the sending of short messages-- ``(A) from one wireless device to another; or ``(B) from a provider of commercial mobile service to its subscribers at no charge to its subscribers; and ``(2) the sending of mobile service commercial messages by a provider of commercial mobile service to its subscribers at no charge to its subscribers unless a subscriber has expressed his or her desire not to receive such messages from the provider.''. (2) Conforming amendment.--Section 14(b) of the CAN-SPAM Act of 2003 (15 U.S.C. 7712(b)) is amended-- (A) in paragraph (1), by striking ``paragraph (3)'' and inserting ``subsection (e)(2)''; and (B) in paragraph (3), by striking ``take into consideration'' and all that follows through ``such providers,'' and inserting ``shall require providers of commercial mobile service,''. SEC. 3. PROHIBITION ON UNAUTHORIZED MOBILE SERVICE COMMERCIAL MESSAGES CONTAINING UNSOLICITED ADVERTISEMENTS. (a) Prohibition.--Section 227(b)(1) of the Communications Act of 1934 (47 U.S.C. 227(b)(1)) is amended-- (1) in subparagraph (C)(iii), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (D), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(E) to send a mobile service commercial message to any person who has not provided express prior authorization for the receipt of such message to the sender of such message.''. (b) Definitions.--Section 227(a) of the Communications Act of 1934 (47 U.S.C. 227(a)) is amended-- (1) by redesignating paragraphs (3) through (5) as paragraphs (5) through (7), respectively; and (2) by inserting after paragraph (2) the following: ``(3) The term `commercial mobile service' has the same meaning given such term in section 332(d). ``(4) The terms `mobile service commercial message', `short message', and `wireless device' have the same meanings given such terms, respectively, in section 14(d) of the CAN-SPAM Act of 2003 (15 U.S.C. 7712(d)).''. (c) Applicability.--Section 227(d) of the Communications Act of 1934 (47 U.S.C. 227(d)) is amended by adding at the end the following: ``(4) Applicability of prohibition on mobile service commercial messages.--The prohibition prescribed under subsection (b)(1)(E) shall not prohibit-- ``(A) the sending of short messages-- ``(i) from one wireless device to another; or ``(ii) from a provider of commercial mobile service to its subscribers at no charge to its subscribers; and ``(B) the sending of mobile service commercial messages by a provider of commercial mobile service to its subscribers at no charge to its subscribers unless a subscriber has expressed his or her desire not to receive such messages from the provider.''. (d) Effect on State Law.--Nothing in this Act or the amendments made by this Act shall be construed to give a State any greater authority over mobile service commercial messages than the authority accorded to the States with respect to commercial electronic mail messages or the information attached thereto under the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.). SEC. 4. MOBILE SERVICE COMMERCIAL MESSAGES CONTAINING UNSOLICITED ADVERTISEMENTS SENT TO CELLULAR TELEPHONES EXPLICITLY PROHIBITED. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall revise the do-not-call registry provisions of the Telemarketing Sales Rule (16 C.F.R. 310.4(b)(1)(iii))-- (1) to consider commercial mobile service messaging practices that are costly or a nuisance to consumers; and (2) to explicitly prohibit, as an abusive telemarketing act or practice, the sending of any mobile service commercial message to a telephone number that is-- (A) assigned to a commercial mobile service; and (B) listed on the do-not-call registry, except for such messages sent by a provider of commercial mobile service to its subscribers at no charge to the subscriber. (b) Definitions.--As used in this section-- (1) the term ``mobile service commercial message'' has the same meaning given such term in section 14(d) of the CAN-SPAM Act of 2003 (15 U.S.C. 7712(d)); and (2) the term ``commercial mobile service'' has the same meaning given such term in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).

m-SPAM Act of 2009 - Amends the CAN-SPAM Act of 2003 to exclude a message from the definition of "mobile service commercial message" (MSCM) if the message's purpose is to: (1) facilitate or confirm a commercial transaction; (2) provide warranty, recall, safety, or security information about a product or service used by the recipient; (3) provide certain information to message recipients who have an ongoing commercial relationship with the sender; (4) provide information relating to the recipient's benefit plan or employment; or (5) deliver goods or services to which the recipient is entitled. Amends that Act and the Communications Act of 1934 to exempt from a prohibition on sending unwanted MSCMs: (1) the sending of short messaging service (SMS) messages from one wireless device to another or from a mobile service provider to its subscribers at no charge; and (2) the sending of MSCMs by a mobile service provider to its subscribers at no charge (unless a subscriber has opted out). Requires the Federal Trade Commission (FTC) to revise the do-not-call registry provisions of the Telemarketing Sales Rule to: (1) consider commercial mobile service messaging practices that are costly or a nuisance to consumers; and (2) explicitly prohibit, as an abusive telemarketing act or practice, the sending of any MSCM to a telephone number that is both assigned to a commercial mobile service and listed on the do-not-call registry. Exempts such messages sent by a commercial mobile service provider to its subscribers at no charge.

A bill to prohibit unsolicited mobile text message spam.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wildlife Disease Emergency Act of 2014''. SEC. 2. PURPOSES. The purposes of this Act are to-- (1) authorize the Secretary of the Interior to identify and declare wildlife disease emergencies; (2) establish a fund through which the Secretary may coordinate rapid response to these emergencies; and (3) prepare for, identify, and address wildlife diseases adversely affecting wildlife populations and biodiversity through strategic and coordinated actions between the Federal agencies and State and local agencies, Indian tribes, and nongovernmental organizations. SEC. 3. DEFINITIONS. In this Act: (1) Committee.--The term ``Committee'' means the Wildlife Disease Committee established under section 6. (2) Fund.--The term ``Fund'' means the Wildlife Disease Emergency Fund established by section 5. (3) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means any State, the District of Columbia, and any other possession of the United States. (6) Wildlife.--The term ``wildlife'' means any species native to the United States including nondomesticated mammals, fish, birds, amphibians, reptiles, mollusks, and arthropods. (7) Wildlife disease.--The term ``wildlife disease'' means an infectious or noninfectious, pathological condition occurring in a susceptible population of wildlife, that is not zoonotic. (8) Wildlife disease emergency.--The term ``wildlife disease emergency'' means the occurrence of a wildlife disease that-- (A) is infectious and caused by a newly discovered pathogen or a known infectious wildlife disease that is expanding its geographic range, the species impacted by the disease, or other recognized impacts of the disease; (B) poses significant threats to the sustainability of wildlife; or (C) poses a significant threat to the overall health of a functioning ecosystem. SEC. 4. DECLARATION OF WILDLIFE DISEASE EMERGENCY. (a) In General.--The Secretary of the Interior, in consultation with the Governor of a potentially affected State or States, may declare within such State or States a wildlife disease emergency for any wildlife disease that is-- (1) occurring in the United States; or (2) occurring outside the United States with the potential to enter the United States. (b) Considerations.--In making a declaration under subsection (a), the Secretary shall consider-- (1) the level of threat the wildlife disease poses to affected wildlife populations, based on the-- (A) relative threat to population levels; (B) relative strength of the contagion and spread of the disease; (C) observed rate of morbidity or mortality of the disease; and (D) importance of affected species or ecosystems, including-- (i) species and habitats identified as priorities by the Federal Government, a State, or local government, or a Federal, State, or local conservation plan; and (ii) wildlife located on Federal lands; (2) the sufficiency of resources available in the Fund; (3) the ability of the Department of the Interior and other Federal, State, and local agencies, tribal governments, and other stakeholders to address and coordinate response to the disease through other authorities; (4) the request of any State Governor to make such a declaration; and (5) the economic consequences of a significant population decline in the impacted species due to the disease. (c) Response Coordination.--Upon a declaration of a wildlife disease emergency by the Secretary, the Secretary shall lead a coordinated response to the emergency that shall include appropriate Federal agencies, State and local governments, Indian tribes, nongovernmental organizations, or other stakeholders. (d) Grant Program.--The Secretary shall develop and implement a grant program to provide funding to State wildlife agencies and Indian tribes to address wildlife disease emergencies. SEC. 5. WILDLIFE DISEASE EMERGENCY FUND. (a) Establishment.--There is established in the Treasury of the United States a separate account, which shall be known as the ``Wildlife Disease Emergency Fund'' and shall consist of-- (1) such funds as are appropriated to the Secretary for activities authorized by this Act to address a wildlife disease emergency; and (2) any funds received by the Secretary as a donation, gift, or contribution identified by the person providing the funds for use to address wildlife disease emergencies. (b) Prohibition.--Amounts in the Fund may not be made available for any purpose other than to respond to a wildlife disease emergency declared under section 4. (c) Annual Reports.-- (1) In general.--Not later than 60 days after the end of each fiscal year beginning with fiscal year 2013, the Secretary shall submit to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, the Committee on Environment and Public Works of the Senate, and the Committee on Natural Resources of the House of Representatives a report on the operation of the Fund during the fiscal year. (2) Contents.--Each report shall include, for the fiscal year covered by the report, the following: (A) A statement of the amounts deposited into the Fund. (B) A description of the expenditures made from the Fund, including the purpose of the expenditures. (C) Recommendations of additional authorities to fulfill the purpose of the Fund. (D) A statement of the balance remaining in the Fund at the end of the fiscal year. (d) Separate Appropriations Account.--Section 1105(a) of title 31, United States Code, is amended by adding at the end the following: ``(39) a separate appropriations account for the Wildlife Disease Emergency Fund established under section 5 of the Wildlife Disease Emergency Act of 2013, which shall include the estimated amount of deposits into the Fund, and obligations and outlays from the Fund.''. SEC. 6. WILDLIFE DISEASE COMMITTEE. (a) Establishment.--The Secretary may establish a Wildlife Disease Committee. The purpose of the Committee shall be to assist the Secretary in increasing the level of preparedness of the United States to address emerging wildlife diseases. (b) Duties.--The Committee shall-- (1) advise the Secretary on risk assessment, preparation, monitoring, research, and response to wildlife diseases that may significantly impact the health and sustainability of wildlife populations; and (2) draft reports, recommendations, plans, or other documents to assist the Secretary in carrying out this Act. (c) Membership.-- (1) In general.--Subject to paragraph (2), members of the Committee shall be appointed by the Secretary from among individuals who are qualified by education, training, or experience in topics such as wildlife health, biology, ecology, wildlife conservation, and natural resource management. (2) Inclusions.--The Committee shall include-- (A) qualified individuals who are employed by Federal agencies; (B) at least 8 qualified individuals who are employed by a State fish and wildlife agency, each of whom shall be employed in a different region of the 8 regions of the United States Fish and Wildlife Service; (C) qualified individuals employed by other State agencies and tribal entities; and (D) qualified individuals who represent public and private organizations. (d) Committee Chair.--The Committee shall be chaired by the Secretary or a designee of the Secretary. (e) Staffing and Assistance.--The Secretary shall make available to the Committee any staff, information, administrative services, or assistance the Secretary determines is reasonably required to enable the Committee to carry out its functions. (f) Renewal.--Notwithstanding the Federal Advisory Committee Act (5 U.S.C. App.), the Secretary may renew the Committee beyond the date it would otherwise terminate under that Act. SEC. 7. RAPID RESPONSE TEAMS. The Secretary, in consultation with the Committee as appropriate, may convene rapid response teams to address any particular wildlife disease emergency. SEC. 8. ADMINISTRATION. Nothing in this Act shall be construed to-- (1) limit the Secretary's authority to respond to wildlife disease events that are not declared wildlife disease emergencies under this Act; (2) affect the authority, jurisdiction, or responsibility of the States to manage, control, or regulate fish and resident wildlife under any State laws and regulations; (3) grant authority to any public agency to acquire private property or conservation easements or otherwise infringe any use of private property; or (4) limit, repeal, supersede, or modify any provision of Federal, State, local, or tribal laws and regulations.

Wildlife Disease Emergency Act of 2014 - Authorizes the Secretary of the Interior, in consultation with governors of potentially affected states, to declare a wildlife disease emergency for any wildlife disease occurring within the United States or, if outside the United States, with the potential to enter the United States. Defines "wildlife disease emergency" as the occurrence of a non-zoonotic pathological condition in a wildlife population that: is infectious and caused by a newly discovered pathogen or is a known infectious wildlife disease that is expanding in range or other impacts, or poses significant threats to the sustainability of wildlife or to the overall health of a functioning ecosystem. Directs the Secretary, upon making such a declaration, to lead a coordinated response to the emergency. Directs the Secretary to implement a grant program to provide funding to state wildlife agencies and Indian tribes to address wildlife disease emergencies. Establishes in the Treasury a Wildlife Disease Emergency Fund. Allows the Secretary to establish a Wildlife Disease Committee to assist the Secretary in increasing the level of preparedness needed to address emerging wildlife diseases. Authorizes the Secretary to convene rapid response teams to address any particular wildlife disease emergency.

Wildlife Disease Emergency Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``DXM Abuse Prevention Act of 2015''. SEC. 2. SALES OF OVER-THE-COUNTER DRUGS CONTAINING DEXTROMETHORPHAN. (a) Prohibited Act.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(ddd) The failure of a retailer to implement a verification system as required by section 506G (relating to sales of over-the- counter drugs containing dextromethorphan).''. (b) Verification System.--The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 506F of such Act (21 U.S.C. 356f) the following: ``SEC. 506G. SALES OF OVER-THE-COUNTER DRUGS CONTAINING DEXTROMETHORPHAN. ``(a) Verification System.--Any retailer selling or offering for sale in interstate commerce dextromethorphan shall implement a verification system to ensure compliance with this section. Such a system may ensure such compliance by means of-- ``(1) an electronic point-of-sale system coded to prompt for verification of the age of all purchasers of drugs described in subsection (b) and deny sales to those under the age of 18; ``(2) training manuals or materials instructing employees to verify the age of all purchasers of such drugs and deny sales to those under the age of 18; ``(3) signage in and around the sales counter outlining the age restriction on sales of such drugs; ``(4) designating one on-duty employee to approve all sales of such drugs; or ``(5) any other verification measure deemed valid by the Secretary. ``(b) Prohibition.--Except as provided in subsection (c), each retailer shall verify that no individual is under 18 years of age who purchases any drug that-- ``(1) contains dextromethorphan; and ``(2) is not subject to section 503(b)(1). ``(c) Exceptions.-- ``(1) Individuals over 26.--Subsection (b) does not require verification of the age of any individual over the age of 26. ``(2) Valid prescription.--Subsection (b) does not apply to any sale made pursuant to a validly issued prescription. ``(3) Valid military identification card.--Subsection (b) does not apply to any sale to an individual under 18 years of age if such individual supplies proof at the time of such sale that such individual is actively enrolled in the military and presents a valid military identification card. ``(d) Affirmative Defense.--It shall be an affirmative defense to an alleged violation of subsection (b) that the individual selling a drug containing dextromethorphan-- ``(1) examined the purchaser's identification card; and ``(2) based on that examination, reasonably concluded that the identification was valid and indicated that the purchaser was not less than 18 years of age. ``(e) Definition.--In this paragraph, the term `identification card' means an identification card that-- ``(1) includes a photograph and the date of birth of the individual; and ``(2) is issued by a State or the Federal Government or is considered acceptable for purposes of sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1) of title 8, Code of Federal Regulations (including any successor regulations).''. (c) Civil Penalties.--Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the following: ``(h) Notwithstanding subsection (a), the following provisions shall apply to violations of section 301(ddd): ``(1) A person who violates section 301(ddd) shall-- ``(A) receive a violation notification from the Secretary for the first such violation; and ``(B) be subject to a civil penalty in an amount-- ``(i) not more than $1,000 for the second such violation by a person; ``(ii) not more than $2,000 for the third such violation by a person; and ``(iii) not more than $5,000 for the fourth such violation, or a subsequent such violation, by a person. ``(2) In determining the amount of a civil penalty under this subsection for a person who is a retailer, the Secretary shall consider whether the retailer has taken appropriate steps to prevent subsequent violations, such as the establishment and administration of a documented employee training program to ensure all employees are familiar with and abiding by the provisions of section 301(ddd), where such program includes-- ``(A) educating employees regarding products containing dextromethorphan; ``(B) instruction on the correct method of checking a purchaser's identification card; and ``(C) notifying employees of the civil penalties under this subsection. ``(3) If a person who is a retailer transacts sales of products containing dextromethorphan at more than one physical location, for purposes of determining the number of violations by that person under this subsection, each individual physical location operated by that retailer shall be considered a separate person. ``(4) The Secretary shall notify persons found to have violated section 301(ddd) as soon as practicable after the Secretary discovers such violation. Such notification shall include the date and time when the violation was observed to occur. ``(5) Notwithstanding any other provision of this subsection or section 301(ddd), an employee shall not be subject to penalties under this subsection unless such employee knowingly and willfully participates in a conspiracy to violate section 301(ddd). For purposes of this paragraph, a conspiracy shall consist of an agreement between two or more persons with the intent to violate section 301(ddd) and the commission of at least one overt act in furtherance of the agreement. ``(6) In this subsection-- ``(A) the term `employee' means an individual who is employed by a retailer in a clerical or other non- managerial position; and ``(B) the term `retailer' means a grocery store, general merchandise store, drug store, pharmacy, convenience store, or other entity or person whose activities as a distributor relating to products containing dextromethorphan are limited almost exclusively to sales for personal use, both in number of sales and volume of sales, including any sales made by the Internet or other means.''. SEC. 3. RESTRICTIONS ON DISTRIBUTION OF BULK DEXTROMETHORPHAN. The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.) is amended-- (1) in section 501, by inserting at the end the following: ``(k) If it is unfinished dextromethorphan and is possessed, received, or distributed in violation of section 506H.''; and (2) by inserting after section 506F the following: ``SEC. 506H. RESTRICTIONS ON THE DISTRIBUTION OF BULK DEXTROMETHORPHAN. ``(a) In General.--No person shall-- ``(1) possess or receive unfinished dextromethorphan, unless the person is registered under section 510 or otherwise registered, licensed, or approved pursuant to Federal or State law to engage in the practice of pharmacy, pharmaceutical production, or manufacture or distribution of drug ingredients; or ``(2) distribute unfinished dextromethorphan to any person other than a person registered under section 510 or otherwise registered, licensed, or approved pursuant to Federal or State law to engage in the practice of pharmacy, pharmaceutical production, or manufacture or distribution of drug ingredients. ``(b) Exception for Common Carriers.--This section does not apply to a common carrier that possesses, receives, or distributes unfinished dextromethorphan for purposes of distributing such unfinished dextromethorphan between persons described in subsection (a) as registered, licensed, or approved. ``(c) Definitions.--In this section: ``(1) The term `common carrier' means any person that holds itself out to the general public as a provider for hire of the transportation by water, land, or air of merchandise, whether or not the person actually operates the vessel, vehicle, or aircraft by which the transportation is provided, between a port or place and a port or place in the United States. ``(2) The term `unfinished dextromethorphan' means dextromethorphan that is not contained in a drug that is in finished dosage form.''; and (3) by amending section 303, as amended by section 2(b), by adding at the end the following: ``(i) Notwithstanding subsection (a), a person who violates section 506H shall be subject to a civil penalty of not more than $100,000.''.

. DXM Abuse Prevention Act of 2015 (Sec. 2) This bill amends the Federal Food, Drug, and Cosmetic Act to prohibit the sale of a drug containing dextromethorphan (DXM, a cough suppressant and drug of abuse) to an individual under age 18 unless the individual has a prescription or is actively enrolled in the military. Retailers selling DXM must implement a verification system to ensure compliance. Civil monetary penalties that escalate upon repeated violation are imposed. (Sec. 3) Unfinished DXM may only be possessed by, distributed to, and received by persons registered with the Food and Drug Administration as producers of a drug or medical device or otherwise allowed to engage in the practice of pharmacy, pharmaceutical production, or manufacture or distribution of drug ingredients. Common carriers distributing unfinished DXM between authorized persons are exempted. Civil monetary penalties are imposed for possession and distribution violations.

DXM Abuse Prevention Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Stage Small Business Contracting Act of 2012''. SEC. 2. IN GENERAL. The Small Business Act (15 U.S.C. 631 et seq.) is amended by adding at the end the following: ``SEC. 46. PROGRAM TO PROVIDE FEDERAL CONTRACTS TO EARLY STAGE SMALL BUSINESSES. ``(a) Establishment.--The Administrator shall establish and carry out a program in accordance with the requirements of this section to provide improved access to Federal contract opportunities for early stage small business concerns. ``(b) Procurement Contracts.-- ``(1) In general.--In carrying out subsection (a), the Administrator, in consultation with other Federal agencies, shall identify procurement contracts of Federal agencies for award under the program. ``(2) Contract awards.--Under the program established pursuant to this section, the award of a procurement contract of a Federal agency identified by the Administrator pursuant to paragraph (1) shall be made by the agency to an eligible program participant selected, and determined to be responsible, by the agency. ``(3) Competition.-- ``(A) Sole source.--A contracting officer may award a sole source contract under this program if such concern is determined to be a responsible contractor with respect to performance of such contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more early stage small business concerns will submit offers for the contracting opportunity and in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price. ``(B) Restricted competition.--A contracting officer may award contracts on the basis of competition restricted to early stage small business concerns if the contracting officer has a reasonable expectation that not less than 2 early stage small business concerns will submit offers and that the award can be made at a fair market price. ``(4) Contract value.--Contracts shall be awarded under this program if its value is greater than $3,000 and less than half the upper threshold of section 15(j)(1) of the Small Business Act. ``(c) Eligibility.--Only an early stage small business concern shall be eligible to compete for a contract to be awarded under the program. The Administrator shall certify that a small business concern is an early stage small business concern, or the Administrator shall approve a Federal agency, a State government, or a national certifying entity to certify that the business meets the eligibility criteria of an early stage small business concern. ``(d) Technical Assistance.--The Administrator shall provide early stage small business concerns with technical assistance and counseling with regard to-- ``(1) applying for and competing for Federal contracts; and ``(2) fulfilling the administrative responsibilities associated with the performance of a Federal contract. ``(e) Attainment of Contract Goals.--All contract awards made under the program shall be counted toward the attainment of the goals specified in section 15(g) of the Small Business Act. ``(f) Regulations.--The Administrator shall-- ``(1) issue proposed regulations to carry out this section not later than 180 days after the date of enactment of this Act; and ``(2) issue final regulations to carry out this section not later than 270 days after the date of enactment of this Act. ``(g) Report to Congress.--Not later than April 30, 2015, the Administrator shall transmit to the Congress a report on the performance of the program. ``(h) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Program.--The term `program' means a program established pursuant to subsection (a). ``(2) Early stage small business concern.--The term `early stage small business concern' means a small business concern that-- ``(A) has not more than 15 employees; and ``(B) has average annual receipts that total not more than $1,000,000, except if the concern is in an industry with an average annual revenue standard that is less than $1,000,000, as defined by the North American Industry Classification System.''. SEC. 3. REPEAL OF SIMILAR PROGRAM. Section 304 of the Small Business Administration Reauthorization and Amendments Act of 1994 (15 U.S.C. 644 note) is repealed.

Early Stage Small Business Contracting Act of 2012 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish and carry out a program to provide increased access to federal contract opportunities for early stage small businesses (no more than 15 employees and average annual receipts of no more than $1 million). Requires the Administrator to identify appropriate federal procurement contracts for award under the program. Allows a contracting officer to award: (1) a sole source contract under the program if an entity is determined to be a responsible contractor and the officer does not reasonably expect that two or more early stage businesses will submit offers, and (2) contracts on the basis of competition restricted to early stage businesses if the officer reasonably expects that at least two early stage businesses will submit offers and that the award can be made at a fair market price. Requires all program contract awards to be counted toward goals for small business participation in federal procurement contracts.

To provide for a program to provide Federal contracts to early stage small businesses, and for other purposes.

SECTION 1. CERTAINTY OF PUNISHMENT FOR YOUNG OFFENDERS. (a) In General.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended-- (1) by redesignating part Q as part R; (2) by redesignating section 1701 as section 1801; and (3) by inserting after part P the following: ``PART Q--ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS ``SEC. 1701. GRANT AUTHORIZATION. ``(a) In General.--The Director of the Bureau of Justice Assistance (referred to in this part as the `Director') may make grants under this part to States, for the use by States and units of local government in the States, for the purpose of developing alternative methods of punishment for young offenders to traditional forms of incarceration and probation. ``(b) Alternative Methods.--The alternative methods of punishment referred to in subsection (a) should ensure certainty of punishment for young offenders and promote reduced recidivism, crime prevention, and assistance to victims, particularly for young offenders who can be punished more effectively in an environment other than a traditional correctional facility, including-- ``(1) alternative sanctions that create accountability and certainty of punishment for young offenders; ``(2) boot camp prison programs that include education and job training activities such as programs modeled, to the extent practicable, after activities carried out under part B of title IV of the Job Training Partnership Act (relating to Job Corps) (29 U.S.C. 1691 et seq.); ``(3) technical training and support for the implementation and maintenance of State and local restitution programs for young offenders; ``(4) innovative projects, such as projects consisting of education and job training activities for incarcerated young offenders, modeled, to the extent practicable, after activities carried out under part B of title IV of the Job Training Partnership Act (relating to Job Corps) (29 U.S.C. 1691 et seq.); ``(5) correctional options, such as community-based incarceration, weekend incarceration, and electronic monitoring of offenders; ``(6) community service programs that provide work service placement for young offenders at non-profit, private organizations and community organizations; ``(7) demonstration restitution projects that are evaluated for effectiveness; ``(8) innovative methods that address the problems of young offenders convicted of serious substance abuse (including alcohol abuse, and gang-related offenses), including technical assistance and training to counsel and treat such offenders; and ``(9) the provision for adequate and appropriate after care programs for the young offenders, such as substance abuse treatment, education programs, vocational training, job placement counseling, and other support programs upon release. ``SEC. 1702. STATE APPLICATIONS. ``(a) In General.--(1) To request a grant under this part, the chief executive of a State shall submit an application to the Director in such form and containing such information as the Director may reasonably require. ``(2) Such application shall include assurances that Federal funds received under this part shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this part. ``(b) State Office.--The office designated under section 507 of this title-- ``(1) shall prepare the application as required under subsection (a); and ``(2) shall administer grant funds received under this part, including review of spending, processing, progress, financial reporting, technical assistance, grant adjustments, accounting, auditing, and fund disbursement. ``SEC. 1703. REVIEW OF STATE APPLICATIONS. ``(a) In General.--The Director, in consultation with the Director of the National Institute of Corrections, shall make a grant under section 1701(a) to carry out the projects described in the application submitted by such applicant under section 1702 upon determining that-- ``(1) the application is consistent with the requirements of this part; and ``(2) before the approval of the application, the Director has made an affirmative finding in writing that the proposed project has been reviewed in accordance with this part. ``(b) Approval.--Each application submitted under section 1702 shall be considered approved, in whole or in part, by the Director not later than 45 days after first received unless the Director informs the applicant of specific reasons for disapproval. ``(c) Restriction.--Grant funds received under this part shall not be used for land acquisition or construction projects, other than alternative facilities described in section 1701(b). ``(d) Disapproval Notice and Reconsideration.--The Director shall not disapprove any application without first affording the applicant reasonable notice and an opportunity for reconsideration. ``SEC. 1704. LOCAL APPLICATIONS. ``(a) In General.--(1) To request funds under this part from a State, the chief executive of a unit of local government shall submit an application to the office designated under section 1701(b). ``(2) Such application shall be considered approved, in whole or in part, by the State not later than 45 days after such application is first received unless the State informs the applicant in writing of specific reasons for disapproval. ``(3) The State shall not disapprove any application submitted to the State without first affording the applicant reasonable notice and an opportunity for reconsideration. ``(4) If such application is approved, the unit of local government is eligible to receive such funds. ``(b) Distribution to Units of Local Government.--A State that receives funds under section 1701 in a fiscal year shall make such funds available to units of local government with an application that has been submitted and approved by the State within 45 days after the Director has approved the application submitted by the State and has made funds available to the State. The Director shall have the authority to waive the 45-day requirement in this section upon a finding that the State is unable to satisfy such requirement under State statutes. ``SEC. 1705. ALLOCATION AND DISTRIBUTION OF FUNDS. ``(a) State Distribution.--Of the total amount appropriated under this part in any fiscal year-- ``(1) 0.4 percent shall be allocated to each of the participating States; and ``(2) of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each of the participating States an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the number of young offenders of such State bears to the number of young offenders in all the participating States. ``(b) Local Distribution.--(1) A State that receives funds under this part in a fiscal year shall distribute to units of local government in such State for the purposes specified under section 1701 that portion of such funds which bears the same ratio to the aggregate amount of such funds as the amount of funds expended by all units of local government for correctional programs in the preceding fiscal year bears to the aggregate amount of funds expended by the State and all units of local government in such State for correctional programs in such preceding fiscal year. ``(2) Any funds not distributed to units of local government under paragraph (1) shall be available for expenditure by such State for purposes specified under section 1701. ``(3) If the Director determines, on the basis of information available during any fiscal year, that a portion of the funds allocated to a State for such fiscal year will not be used by such State or that a State is not eligible to receive funds under section 1701, the Director shall award such funds to units of local government in such State giving priority to the units of local government that the Director considers to have the greatest need. ``(c) General Requirement.--Notwithstanding the provisions of subsections (a) and (b), not less than two-thirds of funds received by a State under this part shall be distributed to units of local government unless the State applies for and receives a waiver from the Director of the Bureau of Justice Assistance. ``(d) Federal Share.--The Federal share of a grant made under this part may not exceed 75 percent of the total costs of the projects described in the application submitted under section 1702(a) for the fiscal year for which the projects receive assistance under this part. ``(e) Consideration.--Notwithstanding subsections (a) and (b), in awarding grants under this part, the Director shall consider as an important factor whether a State has in effect throughout such State a law or policy which-- ``(1) requires that a juvenile who is in possession of a firearm or other weapon on school property or convicted of a crime involving the use of a firearm or weapon on school property-- ``(A) be suspended from school for a reasonable period of time; and ``(B) lose driving license privileges for a reasonable period of time; ``(2) bans firearms and other weapons in a 100-yard radius of school property, but the State may allow exceptions for school-sponsored activities, as well as other reasonable exceptions. ``(f) Definition.--For purposes of this part, `juvenile' means 18 years of age or younger. ``SEC. 1706. EVALUATION. ``(a) In General.--(1) Each State and local unit of government that receives a grant under this part shall submit to the Director an evaluation not later than March 1 of each year in accordance with guidelines issued by the Director and in consultation with the National Institute of Justice. ``(2) The Director may waive the requirement specified in paragraph (1) if the Director determines that such evaluation is not warranted in the case of the State or unit of local government involved. ``(b) Distribution.--The Director shall make available to the public on a timely basis evaluations received under subsection (a). ``(c) Administrative Costs.--A State and local unit of government may use not more than 5 percent of funds it receives under this part to develop an evaluation program under this section.''. (b) Conforming Amendment.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended by striking the matter relating to part Q and inserting the following: ``Part Q--Alternative Punishments for Young Offenders ``Sec. 1701. Grant authorization. ``Sec. 1702. State applications. ``Sec. 1703. Review of State applications. ``Sec. 1704. Local applications. ``Sec. 1705. Allocation and distribution of funds. ``Sec. 1706. Evaluation. ``Part R--Transition--Effective Date--Repealer ``Sec. 1801. Continuation of rules, authorities, and proceedings.''. (c) Definition.--Section 901(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)), is amended by adding after paragraph (23) the following: ``(24) The term `young offender' means an individual, convicted of a crime, 22 years of age or younger-- ``(A) who has not been convicted of-- ``(i) a crime of sexual assault; or ``(ii) a crime involving the use of a firearm in the commission of the crime; and ``(B) who has no prior convictions for a crime of violence (as defined by section 16 of title 18, United States Code) punishable by a period of 1 or more years of imprisonment.''. SEC. 2. AUTHORIZATION OF APPROPRIATION. Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is amended by adding after paragraph (10) the following: ``(11) There are authorized to be appropriated $200,000,000 for each of the fiscal years 1994, 1995, and 1996 to carry out the projects under part Q.''. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that States should impose mandatory sentences for crimes involving the use of a firearm or other weapon on school property or within a 100-yard radius of school property. Passed the House of Representatives November 19, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to States for the purpose of developing alternatives to traditional forms of incarceration and probation as methods of punishment for young offenders. Specifies that such alternative methods of punishment should ensure certainty of punishment for young offenders and promote reduced recidivism, crime prevention, and assistance to victims, including: (1) alternative sanctions that create accountability; (2) boot camp prison programs that include education and job training activities modeled after Jobs Corps activities; (3) innovative projects that provide such activities; (4) technical training and support for State and local restitution programs for young offenders; (5) correctional options, such as community-based incarceration, weekend incarceration, and electronic monitoring of offenders; (6) community service programs that provide work service placement for young offenders at nonprofit, private, and community organizations; (7) demonstration restitution projects that are evaluated for effectiveness; (8) innovative methods that address the problems of young offenders convicted of serious substance abuse; and (9) after care programs such as substance abuse treatment, education programs, vocational training, and job placement counseling. Sets forth provisions regarding: (1) State and local application requirements; (2) review of State applications; (3) allocation and distribution of funds (including a requirement that not less than two-thirds of funds received by a State for purposes of this Act be distributed to units of local government unless the State applies for and receives a waiver from the Director); and (4) evaluation. Requires the Director to consider as an important factor in awarding grants whether a State has in effect a law or policy which: (1) requires that a juvenile who is in possession of a weapon on school property or convicted of a crime involving the use of a weapon on school property be suspended from school and lose driving license privileges; and (2) bans weapons within a 100-yard radius of school property. Defines "young offender" for purposes of such Act to mean an individual 22 years old or younger who has not been convicted of a crime of sexual assault or a crime involving the use of a firearm and who has no prior conviction for a crime of violence punishable by one or more years' imprisonment. Expresses the sense of the Congress that States should impose mandatory sentences for crimes involving use of a firearm or other weapon on, or within 100 yards of, school property. Authorizes appropriations.

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to allow grants for the purpose of developing alternative methods of punishment for young offenders to traditional forms of incarceration and probation.

SECTION 1. FINDINGS. Congress finds that-- (1) energy workers at the former Mallinkrodt facilities (including the St. Louis downtown facility, the Weldon Springs facility, and the Hematite facility) were exposed to levels of radionuclides and radioactive materials that were much greater than the current maximum allowable Federal standards; (2) the Mallinkrodt workers at the St. Louis site were exposed to excessive levels of airborne uranium dust relative to the standards in effect during the time, and many workers were exposed to 200 times the preferred levels of exposure; (3)(A) the chief safety officer for the Atomic Energy Commission during the Mallinkrodt-St. Louis operations described the facility as 1 of the 2 worst plants with respect to worker exposures; (B) workers were excreting in excess of a milligram of uranium per day causing kidney damage; and (C) a recent epidemiological study found excess levels of nephritis and kidney cancer from inhalation of uranium dusts; (4) the Department of Energy has admitted that those workers were subjected to risks and had their health endangered as a result of working with these highly radioactive materials; (5) the Department of Energy reported that workers at the Weldon Springs feed materials plant handled plutonium and recycled uranium, which are highly radioactive; (6) the National Institute of Occupational Safety and Health admits that-- (A) the operations at the St. Louis downtown site consisted of intense periods of processing extremely high levels of radionuclides; and (B) the Institute has virtually no personal monitoring data for workers prior to 1948; (7) the National Institute of Occupational Safety and Health has informed claimants and their survivors at those 3 sites that if they are not interviewed as a part of the dose reconstruction process, it-- (A) would hinder the ability of the Institute to conduct dose reconstruction for the claimant; and (B) may result in a dose reconstruction that incompletely or inaccurately estimates the radiation dose to which the energy employee named in the claim had been exposed; (8) the Department of Health and Human Services published the first notice of proposed rulemaking concerning the Special Exposure Cohort on June 25, 2002, and as of January 27, 2004, the rule has yet to be finalized; and (9) many of those former workers have died while waiting for the proposed rule to be finalized, including some claimants who were waiting for dose reconstruction to be completed. SEC. 2. DEFINITION OF MEMBER OF THE SPECIAL EXPOSURE COHORT. Section 3621(14) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l(14)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following: ``(C) The employee was so employed for a number of work days aggregating at least 45 workdays at a facility operated under contract to the Department of Energy by Mallinkrodt Incorporated or its successors (including the St. Louis downtown or `Destrahan' facility during any of calendar years 1942 through 1958, the Weldon Springs feed materials plant facility during any of calendar years 1958 through 1966, and the Hematite facility during any of calendar years 1958 through 1969), and during the employment-- ``(i)(I) was monitored through the use of dosimetry badges for exposure at the plant of the external parts of an employee's body to radiation; or ``(II) was monitored through the use of bioassays, in vivo monitoring, or breath samples for exposure at the plant to internal radiation; or ``(ii) worked in a job that had exposures comparable to a job that is monitored, or should have been monitored, under standards of the Department of Energy in effect on the date of enactment of this subparagraph through the use of dosimetry badges for monitoring external radiation exposures, or bioassays, in vivo monitoring, or breath samples for internal radiation exposures, at a facility.''.

Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include within its Special Exposure Cohort certain employees who during their employment at a facility operated under contract to the Department of Energy (DOE) by Mallinkrodt Incorporated: (1) were monitored through the use of dosimetry badges for exposure at the plant of the external parts of an employee's body to radiation; (2) were monitored through the use of bioassays, in vivo monitoring, or breath samples for exposure at the plant to traternal radiation; or (3) worked in a job that had exposures comparable to a job that is monitored under DOE standards through the use of dosimetry badges for monitoring external radiation exposures, or bioassays, in vivo monitoring, or breath samples for internal radiation exposures.

A bill to amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to include certain former nuclear weapons program workers in the Special Exposure Cohort under the compensation program established by that Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Mammal Rescue Assistance Amendments of 2009''. SEC. 2. STRANDING AND ENTANGLEMENT RESPONSE. (a) Collection and Updating of Information.--Section 402(b)(1)(A) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421a(b)(1)(A)) is amended by inserting ``or entangled'' after ``stranded''. (b) Entanglement Response Agreements.-- (1) In general.--Section 403 of such Act (16 U.S.C. 1421b) is amended-- (A) by amending the section heading to read as follows: ``SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.''; and (B) in subsection (a) by inserting ``or entanglement'' before the period. (2) Clerical amendment.--The table of contents at the end of the first section is amended by striking the item relating to section 403 and inserting the following: ``Sec. 403. Stranding or entanglement response agreements.''. (c) Liability.--Section 406(a) of such Act (16 U.S.C. 1421e(a)) is amended by inserting ``or entanglement'' after ``stranding''. (d) Entanglement Defined.-- (1) In general.--Section 410 of such Act (16 U.S.C. 1421h) is amended-- (A) by redesignating paragraphs (1) through (6) in order as paragraphs (2) through (7); and (B) by inserting before paragraph (2) (as so redesignated) the following: ``(1) The term `entanglement' means an event in the wild in which a living or dead marine mammal has gear, rope, line, net, or other material wrapped around or attached to it and is-- ``(A) on a beach or shore of the United States; or ``(B) in waters under the jurisdiction of the United States.''. (2) Conforming amendment.--Section 408(a)(2)(B)(i) of such Act (16 U.S.C. 1421f-1(a)(2)(B)(i)) is amended by striking ``section 410(6)'' and inserting ``section 410(7)''. (e) John H. Prescott Marine Mammal Rescue Assistance Grant Program.-- (1) Authorization of appropriations for grant program.-- Section 408(h) of such Act (16 U.S.C. 1421f-1(h)) is amended-- (A) by striking ``$5,000,000 for each of fiscal years 2001 through 2003'' and inserting ``$7,000,000 for each of fiscal years 2010 through 2013''; and (B) in paragraph (1) by striking ``$4,000,000'' and inserting ``$6,000,000''. (2) Administrative costs and expenses.--Section 408 of such Act (16 U.S.C. 1421f-1) is amended-- (A) by adding at the end of subsection (a)(1) the following: ``All funds available to implement this section shall be distributed to eligible stranding network participants for the purposes set forth in this paragraph and paragraph (2), except as provided in subsection (f).''; and (B) by amending subsection (f) to read as follows: ``(f) Administrative Costs and Expenses.--Of the amounts available each fiscal year to carry out this section, the Secretary may expend not more than 6 percent or $80,000, whichever is greater, to pay the administrative costs and administrative expenses to implement the grant program under subsection (a). Any such funds retained by the Secretary for a fiscal year for such costs and expenses that are not used for such costs and expenses before the end of the fiscal year shall be provided as grants under subsection (a).''. (3) Emergency assistance.--Section 408 of such Act (16 U.S.C. 1421f-1) is amended-- (A) in subsection (a) by redesignating paragraph (2) as paragraph (3), and by inserting after paragraph (1) the following: ``(2) Subject to the availability of appropriations, the Secretary may also enter into cooperative agreements, contracts, or such other agreements or arrangements as the Secretary considers appropriate to address stranding events requiring emergency assistance.''; (B) in subsection (d) by inserting ``(1)'' before the text, and by adding at the end the following: ``(2) Funding for emergency stranding projects shall not be subject to the funding limit established in paragraph (1).''; (C) in subsection (e)-- (i) in paragraph (1) by striking ``The non- Federal'' and inserting ``Except as provided in paragraph (2), the non-Federal''; (ii) by redesignating paragraph (2) as paragraph (3); and (iii) by inserting after paragraph (1) the following: ``(2) Emergency assistance.--No non-Federal contribution shall be required for funding for a response to an emergency stranding event.''; and (D) in subsection (g) by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following: ``(2) Emergency assistance.--The term `emergency assistance' means assistance provided for a stranding event that-- ``(A) is not an unusual mortality event as defined in section 409(6); ``(B) leads to an immediate increase in required costs for stranding response, recovery, or rehabilitation in excess of regularly scheduled costs; ``(C) may be cyclical or endemic; and ``(D) may involve out-of-habitat animals.''. (4) Contributions.--Section 408 of such Act (16 U.S.C. 1421f-1) is amended by adding at the end the following: ``(i) Contributions.--For purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests.''. (f) Authorization of Appropriations for Marine Mammal Unusual Mortality Event Fund.--Section 409(3) of such Act (16 U.S.C. 1421g(3)) is amended by striking ``fiscal year 1993'' and inserting ``each of fiscal years 2010 through 2013''. Passed the House of Representatives March 2, 2009. Attest: LORRAINE C. MILLER, Clerk.

Marine Mammal Rescue Assistance Amendments of 2009 - Amends the Marine Mammal Protection Act of 1972 to require the collection and updating of existing practices and procedures for rescuing and rehabilitating stranded or entangled (under current law, only stranded) marine mammals. Authorizes entanglement response agreements. Authorizes appropriations (at an increased annual level) through FY2013 to carry out the existing John H. Prescott Marine Mammal Rescue Assistance Grant Program. Authorizes cooperative agreements, contracts, or other agreements or arrangements to address stranding events requiring emergency assistance. Authorizes appropriations through FY2013 to the Marine Mammal Unusual Mortality Event Fund.

To amend the provisions of law relating to the John H. Prescott Marine Mammal Rescue Assistance Grant Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crop Risk Options Plan Act of 2011''. SEC. 2. TOTAL COVERAGE OPTION FOR CROP INSURANCE BASED ON BOTH AN INDIVIDUAL YIELD AND LOSS BASIS AND AN AREA YIELD AND LOSS BASIS. (a) Availability of Total Coverage Option.--Section 508(c) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)) is amended by striking paragraph (3) and inserting the following new paragraph: ``(3) Yield and loss basis options.--A producer shall have the option of purchasing additional coverage based on-- ``(A) Individual yield and loss basis.--A producer shall have the option of purchasing additional coverage based on an individual yield and loss basis. ``(B) Area yield and loss basis.--If area coverage is offered by the Corporation in an area, a producer shall have the option of purchasing additional coverage based on an area yield and loss basis instead of an individual yield and loss basis. ``(C) Total coverage option.--If area coverage is offered by the Corporation in an area, a producer shall have the option of purchasing additional coverage based on an individual yield and loss basis, supplemented with coverage based on an area yield and loss basis to cover all or a portion of the deductible under the individual yield and loss policy.''. (b) Level of Coverage.--Section 508(c) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)) is amended by striking paragraph (4) and inserting the following new paragraph: ``(4) Level of coverage.-- ``(A) Dollar denomination and percentage of yield.--Except as provided in subparagraph (C), the level of coverage shall be dollar denominated and may be purchased at any level not to exceed 85 percent of the individual yield or 95 percent of the area yield (as determined by the Corporation). ``(B) Information.--The Corporation shall provide producers with information on catastrophic risk and additional coverage in terms of dollar coverage (within the allowable limits of coverage provided in this paragraph). ``(C) Total coverage option.-- ``(i) In general.--Notwithstanding subparagraph (A), in the case of the total coverage option described in paragraph (3)(C), the Corporation shall offer producers the opportunity to purchase coverage in combination with a policy or plan of insurance offered under this Act that would allow indemnities to be paid to a producer equal to some or all of the deductible under such policy or plan of insurance, if sufficient area data is available (as determined by the Corporation). ``(ii) Trigger.--The coverage described in paragraph (3)(C) and clause (i) would be triggered only if the losses in the area exceed 10 percent of normal levels (as determined by the Corporation). ``(iii) Limitation.--Indemnities paid under the coverage described in paragraph (3)(C) and clause (i) cannot exceed the amount of the deductible applicable under the underlying policy or plan of insurance.''. (c) Premium.--Section 508(d)(2)(B) of the Federal Crop Insurance Act (7 U.S.C. 1508(d)(2)(B)) is amended by inserting after ``not based on individual yield'' the following: ``or that combines an individual yield and loss basis and an area yield and loss basis''. (d) Payment of Portion of Premium by Corporation.--Section 508(e)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(2)) is amended by adding at the end the following new subparagraph: ``(H) In the case of the total coverage option described in subsection (c)(3)(C), the amount shall be equal to not less than 60 percent of the additional premium associated with this coverage.''. (e) Effective Date.--The Federal Crop Insurance Corporation shall begin to provide additional coverage based on an individual yield and loss basis, supplemented with coverage based on an area yield and loss basis, not later than one year after the date of the enactment of this Act. SEC. 3. DETERMINATION OF ACTUAL PRODUCTION HISTORY. (a) Use of Seven-Year Olympic Average.--Section 508(g)(2)(A) of the Federal Crop Insurance Act (7 U.S.C. 1508(g)(2)(A)) is amended by striking ``10 consecutive crop years'' and inserting ``7 consecutive crop years (excluding the year in which the actual production history is greatest and the year in which the actual production history is lowest)''. (b) Data Sources.--Section 508(g)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(g)(2)) is amended by adding at the end the following new subparagraph: ``(E) Sources of yield data.--To determine yields under this paragraph, the Corporation shall use data collected by the Risk Management Agency or the National Agricultural Statistics Service, or both.''.

Crop Risk Options Plan Act of 2011 - Amends the Federal Crop Insurance Act to: (1) provide an agricultural producer with the option of purchasing additional crop insurance coverage (total coverage option) based on an area yield and loss basis instead of an individual yield and loss basis, (2) trigger additional coverage when area losses reach 10% of normal levels, (3) limit indemnities to the amount of the deductible under the underlying individual policy, and (4) set premium subsidies for the additional coverage at not less than 60%. Revises actual production history deteminations from a 10-year average to a 7-year average with the highest and lowest production year dropped from the average.

To amend the Federal Crop Insurance Act to provide producers with the opportunity to purchase crop insurance coverage based on both an individual yield and loss basis and an area yield and loss basis in order to allow producers to cover all or a portion of their deductible under the individual yield and loss policy, to improve the accuracy of actual production history determinations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Capital Access for Small Community Financial Institutions Act of 2014''. SEC. 2. PRIVATELY INSURED CREDIT UNIONS AUTHORIZED TO BECOME MEMBERS OF A FEDERAL HOME LOAN BANK. (a) In General.--Section 4(a) of the Federal Home Loan Bank Act (12 U.S.C. 1424(a)) is amended by adding at the end the following new paragraph: ``(5) Certain privately insured credit unions.-- ``(A) In general.--Subject to the requirements of subparagraph (B), a credit union shall be treated as an insured depository institution for purposes of determining the eligibility of such credit union for membership in a Federal home loan bank under paragraphs (1), (2), and (3). ``(B) Certification by appropriate supervisor.-- ``(i) In general.--For purposes of this paragraph and subject to clause (ii), a credit union which lacks Federal deposit insurance and which has applied for membership in a Federal home loan bank may be treated as meeting all the eligibility requirements for Federal deposit insurance only if the appropriate supervisor of the State in which the credit union is chartered has determined that the credit union meets all the eligibility requirements for Federal deposit insurance as of the date of the application for membership. ``(ii) Certification deemed valid.--If, in the case of any credit union to which clause (i) applies, the appropriate supervisor of the State in which such credit union is chartered fails to make a determination pursuant to such clause by the end of the 6-month period beginning on the date of the application, the credit union shall be deemed to have met the requirements of clause (i). ``(C) Security interests of federal home loan bank not avoidable.--Notwithstanding any provision of State law authorizing a conservator or liquidating agent of a credit union to repudiate contracts, no such provision shall apply with respect to-- ``(i) any extension of credit from any Federal home loan bank to any credit union which is a member of any such bank pursuant to this paragraph; or ``(ii) any security interest in the assets of such credit union securing any such extension of credit. ``(D) Protection for certain federal home loan bank advances.--Notwithstanding any State law to the contrary, if a Bank makes an advance under section 10 to a State-chartered credit union that is not federally insured-- ``(i) the Bank's interest in any collateral securing such advance has the same priority and is afforded the same standing and rights that the security interest would have had if the advance had been made to a federally-insured credit union; and ``(ii) the Bank has the same right to access such collateral that the Bank would have had if the advance had been made to a federally-insured credit union.''. (b) Copies of Audits of Private Insurers of Certain Depository Institutions Required To Be Provided to Supervisory Agencies.--Section 43(a)(2)(A) of the Federal Deposit Insurance Act (12 U.S.C. 1831t(a)(2)(A)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) in clause (ii), by striking the period at the end and inserting a semicolon; and (3) by inserting at the end the following new clause: ``(iii) in the case of depository institutions described in subsection (e)(2)(A) the deposits of which are insured by the private insurer which are members of a Federal home loan bank, to the Federal Housing Finance Agency, not later than 7 days after the audit is completed.''. SEC. 3. GAO REPORT. Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit a report to Congress-- (1) on the adequacy of insurance reserves held by a private deposit insurer that insures deposits in an entity described in section 43(e)(2)(A) of the Federal Deposit Insurance Act (12 U.S.C. 1831t(e)(2)(A)); and (2) for an entity described in paragraph (1) the deposits of which are insured by a private deposit insurer, information on the level of compliance with Federal regulations relating to the disclosure of a lack of Federal deposit insurance. Passed the House of Representatives May 6, 2014. Attest: KAREN L. HAAS, Clerk.

Capital Access for Small Community Financial Institutions Act of 2014 - (Sec. 2) Amends the Federal Home Loan Bank Act to treat certain privately insured credit unions as insured depository institutions for purposes of determining eligibility for membership in a federal home loan bank. Permits a credit union which lacks federal deposit insurance and has applied for membership in a federal home loan bank to be treated as meeting all the eligibility requirements for federal deposit insurance if the supervisor of the chartering state has determined that it meets all federal deposit insurance eligibility requirements. Deems such a credit union to have met the eligibility criteria for federal home loan bank membership if, six months after its application date, the state supervisor has failed to act upon the application. Prohibits the application of a state law authorizing a conservator or liquidating agent of a credit union to repudiate contracts to any: (1) extension of credit from a federal home loan bank to a credit union which is a member of that bank, or (2) security interest in the assets of the credit union securing such extension of credit. Declares that if a federal home loan bank makes an advance to a state-chartered credit union that is not federally insured: (i) the bank's interest in any collateral securing such advance has the same priority and is afforded the same standing and rights that the security interest would have had if the advance had been made to a federally-insured credit union, and (2) the bank has the same right to access such collateral that it would have had if the advance had been made to a federally-insured credit union. Amends the Federal Deposit Insurance Act to require private deposit insurers of credit unions that are members of a federal home loan bank to submit copies of their audit reports within seven days to the Federal Housing Finance Agency. (Sec. 3) Directs the Comptroller General (GAO) to study: (1) the adequacy of insurance reserves held by a private deposit insurer that insures deposits in an insured credit union or any credit union eligible to apply to become one, and (2) such credit unions' compliance with federal regulations governing disclosure of a lack of federal deposit insurance.

Capital Access for Small Community Financial Institutions Act of 2014

SECTION 1. FINDINGS. Congress makes the following findings: (1) On January 19, 1942, 6 weeks after the December 7, 1941, attack on Pearl Harbor by the Japanese Navy, the United States Army discharged all Japanese-Americans in the Reserve Officers Training Corps and changed their draft status to ``4C''--the status of ``enemy alien'' which is ineligible for the draft. (2) On January 23, 1942, Japanese-Americans in the military on the mainland were segregated out of their units. (3) Further, on May 3, 1942, General John L. DeWitt issued Civilian Exclusion Order No. 346, ordering all people of Japanese ancestry, whether citizens or noncitizens, to report to assembly centers, where they would live until being moved to permanent relocation centers. (4) On June 5, 1942, 1,432 predominantly Nisei (second generation Americans of Japanese ancestry) members of the Hawaii Provisional Infantry Battalion were shipped from the Hawaiian Islands to Oakland, CA, where the 100th Infantry Battalion was activated on June 12, 1942, and then shipped to train at Camp McCoy, Wisconsin. (5) The excellent training record of the 100th Infantry Battalion and petitions from prominent civilian and military personnel helped convince President Roosevelt and the War Department to reopen military service to Nisei volunteers who were incorporated into the 442nd Regimental Combat Team after it was activated in February of 1943. (6) In that same month, the 100th Infantry Battalion was transferred to Camp Shelby, Mississippi, where it continued to train, and even though the battalion was ready to deploy shortly thereafter, the battalion was refused by General Eisenhower, due to concerns over the loyalty and patriotism of the Nisei. (7) The 442nd Regimental Combat Team later trained with the 100th Infantry Battalion at Camp Shelby in May of 1943. (8) Eventually, the 100th Infantry Battalion was deployed to the Mediterranean and entered combat in Italy on September 26, 1943. (9) Due to their bravery and valor, members of the Battalion were honored with 6 awards of the Distinguished Service Cross in the first 8 weeks of combat. (10) The 100th Battalion fought at Cassino, Italy in January 1944, and later accompanied the 34th Infantry Division to Anzio, Italy. (11) The 442nd Regimental Combat Team arrived in Civitavecchia, Italy on June 7, 1944, and on June 15 of the following week, the 100th Infantry Battalion was formally made an integral part of the 442nd Regimental Combat Team, and fought for the last 11 months of the war with distinction in Italy, southern France, and Germany. (12) The battalion was awarded the Presidential Unit Citation for its actions in battle on June 26-27, 1944. (13) The 442nd Regimental became the most decorated unit in United States military history for its size and length of service. (14) The 100th Battalion and the 442nd Regimental Combat Team, received 7 Presidential Unit Citations, 21 Medals of Honor, 29 Distinguished Service Crosses, 560 Silver Stars, 4,000 Bronze Stars, 22 Legion of Merit Medals, 15 Soldier's Medals, and over 4,000 Purple Hearts, among numerous additional distinctions. (15) The United States remains forever indebted to the bravery, valor, and dedication to country these men faced while fighting a 2-fronted battle of discrimination at home and fascism abroad. (16) Their commitment and sacrifice demonstrates a highly uncommon and commendable sense of patriotism and honor. (17) The Military Intelligence Service (in this Act referred to as the ``MIS'') was made up of about 6,000 Japanese American soldiers who conducted highly classified intelligence operations that proved to be vital to United States military successes in the Pacific Theatre. (18) As they were discharged from the Army, MIS soldiers were told not to discuss their wartime work, due to its sensitive nature, and their contributions were not known until passage of the Freedom of Information Act in 1974. (19) MIS soldiers were attached individually or in small groups to United States and Allied combat units, where they intercepted radio transmissions, translated enemy documents, interrogated enemy prisoners of war, volunteered for reconnaissance and covert intelligence missions, and persuaded enemy combatants to surrender. (20) Their contributions continued during the Allied postwar occupation of Japan, and MIS linguistic skills and understanding of Japanese customs were invaluable to occupation forces as they assisted Japan in a peaceful transition to a new, democratic form of government. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design to the 100th Infantry Battalion, the 442nd Regimental Combat Team, and the Military Intelligence Service, United States Army, collectively, in recognition of their dedicated service during World War II. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the 100th Infantry Battalion, the 442nd Regimental Combat Team, and the Military Intelligence Service, United States Army, under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense of congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with the 100th Infantry Battalion, the 442nd Regimental Combat Team, and the Military Intelligence Service, United States Army. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORITY TO USE FUNDS; PROCEEDS OF SALE. (a) Authority To Use Funds.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make arrangements for the award of a congressional gold medal to the Army's 100th Infantry Battalion, the 442nd Regimental Combat Team, and the Military Intelligence Service, collectively, in recognition of their dedicated service during World War II. Mandates giving the gold medal to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. Expresses the sense of Congress that the Smithsonian Institution should make such medal available for display elsewhere, particularly at locations associated with such Battalion, Team, and Service. Provides funding for the medal from the United States Mint Public Enterprise Fund.

A bill to grant the congressional gold medal, collectively, to the 100th Infantry Battalion and the 442nd Regimental Combat Team, United States Army, in recognition of their dedicated service during World War II.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Witness Protection Enhancement Act of 2007''. SEC. 2. SHORT-TERM STATE WITNESS PROTECTION SECTION. (a) Establishment.-- (1) In general.--Chapter 37 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 570. Short-Term State Witness Protection Section ``(a) In General.--There is established in the United States Marshals Service a Short-Term State Witness Protection Section which shall provide protection for witnesses in State and local trials involving homicide or other major violent crimes pursuant to cooperative agreements with State and local criminal prosecutor's offices and the United States attorney for the District of Columbia. ``(b) Eligibility.-- ``(1) In general.--The Short-Term State Witness Protection Section shall give priority in awarding grants and providing services to-- ``(A) criminal prosecutor's offices for States with an average of not less than 100 murders per year; and ``(B) criminal prosecutor's offices for jurisdictions that include a city, town, or township with an average violent crime rate per 100,000 inhabitants that is above the national average. ``(2) Calculation.--The rate of murders and violent crime under paragraph (1) shall be calculated using the latest available crime statistics from the Federal Bureau of Investigation during the 5-year period immediately preceding an application for protection.''. (2) Chapter analysis.--The chapter analysis for chapter 37 of title 28, United States Code, is amended by striking the items relating to sections 570 through 576 and inserting the following: ``570. Short-Term State Witness Protection Section.''. (b) Grant Program.-- (1) Definitions.--In this subsection-- (A) the term ``eligible prosecutor's office'' means a State or local criminal prosecutor's office or the United States attorney for the District of Columbia; and (B) the term ``serious violent felony'' has the same meaning as in section 3559(c)(2) of title 18, United States Code. (2) Grants authorized.-- (A) In general.--The Attorney General is authorized to make grants to eligible prosecutor's offices for purposes of identifying witnesses in need of protection or providing short-term protection to witnesses in trials involving homicide or serious violent felony. (B) Allocation.--Each eligible prosecutor's office receiving a grant under this subsection may-- (i) use the grant to identify witnesses in need of protection or provide witness protection (including tattoo removal services); or (ii) pursuant to a cooperative agreement with the Short-Term State Witness Protection Section of the United States Marshals Service, credit the grant to the Short-Term State Witness Protection Section to cover the costs to the section of providing witness protection on behalf of the eligible prosecutor's office. (3) Application.-- (A) In general.--Each eligible prosecutor's office desiring a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require. (B) Contents.--Each application submitted under subparagraph (A) shall-- (i) describe the activities for which assistance under this subsection is sought; and (ii) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this subsection. (4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $90,000,000 for each of fiscal years 2008 through 2010. SEC. 3. WITNESS PROTECTION SERVICES. Section 3526 of title 18, United States Code (Cooperation of other Federal agencies and State governments; reimbursement of expenses) is amended by adding at the end the following: ``(c) In any case in which a State government requests the Attorney General to provide temporary protection under section 3521(e) of this title, the costs of providing temporary protection are not reimbursable if the investigation or prosecution in any way relates to crimes of violence committed by a criminal street gang, as defined under the laws of the relevant State seeking assistance under this title.''. SEC. 4. EXPANSION OF FEDERAL WITNESS RELOCATION AND PROTECTION PROGRAM. Section 3521(a)(1) of title 18, United States Code, is amended by inserting ``, criminal street gang, serious drug offense, homicide,'' after ``organized criminal activity''.

Witness Protection Enhancement Act of 2007 - Amends the federal judicial code to establish in the U. S. Marshals Service a Short Term State Witness Protection Section to provide protection for witnesses in state and local trials involving homicide or other major violent crimes pursuant to cooperative agreements with state and local prosecutor's offices and the U.S. attorney for the District of Columbia. Directs the Section to give priority in awarding grants and providing services to prosecutor's offices in states with an average of at least 100 murders per year or with a violent crime rate above the national average. Authorizes: (1) the Attorney General to make grants to state and local prosecutors and to the U.S. attorney for the District of Columbia for providing such witness protection; and (2) each recipient to use the grant to provide witness protection or to credit the grant to the Section to cover the Section's costs of providing witness protection. Amends the federal criminal code to specify that federal witness relocation and protection services extend to witnesses in cases involving criminal street gangs, serious drug offenses, and homicide.

To enhance witness protection.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Environmental Policy Act Administrative Reorganization Amendments of 1993''. SEC. 2. ESTABLISHMENT OF OFFICE OF NATIONAL ENVIRONMENTAL POLICY ACT COMPLIANCE. Sections 201, 202, and 204 of title II of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) are redesignated and amended to read as follows: ``Sec. 201. (a) There is established in the Executive Office of the President the Office of National Environmental Policy Act Compliance. The Office may be referred to as the `Office of NEPA Compliance'. ``(b) The head of the Office shall be the Director of the Office of National Environmental Policy Act Compliance, who shall be appointed by the President, by and with the advice and consent of the Senate. The compensation of the Director shall be at the rate of compensation payable to the Deputy Director of the Office of Management and Budget. ``Sec. 202. (a) The Director shall-- ``(1) promulgate regulations governing the implementation of this Act by all Federal agencies (including independent regulatory commissions) which include provisions for public review and comment on the detailed statements required by section 102(2)(C) and, as appropriate, on other documents prepared pursuant to this Act; ``(2) mediate interagency disputes, including recommending to the President, as appropriate, resolutions of referrals of interagency disagreements under section 203; ``(3) monitor Federal agency implementation of this Act and regulations issued under paragraph (1), including-- ``(A) reviewing and approving regulations issued by other Federal agencies to implement this Act; ``(B) determining which Federal agency is the lead agency for purposes of compliance with this Act in cases in which Federal agencies do not agree on which is the lead agency; ``(C) developing alternative procedures for complying with this Act in cases in which emergency circumstances make it necessary for a Federal agency to take an action with significant environmental impact; ``(D) developing alternative procedures for complying with this Act, in cases in which a change in a proposed Federal agency action or new information relating to the environmental impacts of such an action makes it necessary to supplement existing analysis under this Act; and ``(E) developing and publishing guidance to Federal agencies regarding implementation of title I and regulations promulgated under paragraph (1); and ``(4) perform such other functions related to environmental laws, policies, and programs as the President may specify. ``(b) Nothing in this Act shall be construed to affect, alter, or limit the independence of independent regulatory commissions under the laws establishing such commissions. The policies, practices, and interpretations under this Act and the Environmental Quality Improvement Act of 1970 and other laws applicable to, or adopted by, such commissions or the Council on Environmental Quality before the date of the enactment of the National Environmental Policy Act Administrative Reorganization Amendments of 1993 shall continue in effect to the extent they are consistent with such independence and carry out the purposes of such Acts. ``(c)(1) The Director, subject to paragraph (2), shall-- ``(A) review and appraise the various programs and activities of the Federal Government in light of the policy set forth in title I for the purpose of determining the extent to which such programs and activities are contributing to the achievement of such policy and make recommendations to the President with respect thereto; ``(B) coordinate or facilitate the development of recommendations to the President regarding national policies to foster and promote the improvement of environmental quality to meet the conservation, social, economic, health, and other requirements and goals of the Nation; and ``(C) coordinate or facilitate the development of such studies, reports thereon, and recommendations with respect to matters of policy and legislation, as the President may request. ``(2) The President may transfer to another official in the Executive Office of the President, by Executive order, any function of the Director under this subsection. ``(d)(1) The Director, subject to paragraph (2), shall-- ``(A) assist Federal agencies and departments in appraising the effectiveness of existing and proposed facilities, programs, policies, and activities of the Federal Government, and those specific major projects designated by the President which do not require individual project authorization by the Congress, which affect environmental quality; and ``(B) assist in coordinating among Federal departments and agencies those programs and activities which affect, protect, and improve environmental quality. ``(2) The President may transfer to another official in the Executive Office of the President or to the head of any Federal agency, by Executive order, any function of the Director under this subsection. ``(e) The Director shall keep the appropriate Committees of the Senate and the House of Representatives informed of the actions, regulations, policies, and practices of the Office in carrying out the functions and other requirements of the Director and the Office under this Act (other than functions of the Director transferred in accordance with subsection (c)(2) or (d)(2)). ``Sec. 203. Referrals of interagency disagreements by the head of any Federal agency concerning proposed major Federal actions significantly affecting the quality of the human environment under section 102(2)(C) or concerning matters under section 309(b) of the Clean Air Act shall be made to the Office for mediation and, as appropriate, resolution by the President.''. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS TO NEPA. Sections 203, 205, 207, and 208 of the National Environmental Policy Act of 1969, as in effect on the date of enactment of this Act, are redesignated in order as sections 204, 205, 206, and 207, respectively; such sections are each amended by striking ``Council'' and inserting ``Office'' each place it appears; and section 206 of such Act, as in effect on the day before the date of the enactment of this Act, is repealed. SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS TO THE ENVIRONMENTAL QUALITY IMPROVEMENT ACT OF 1970. The Environmental Quality Improvement Act of 1970 (42 U.S.C. 4372 et seq.) is amended-- (1) in section 202(c) by-- (A) striking ``The purposes'' and all that follows through ``(1) to'' and inserting ``the purpose of this title is to''; and (B) striking ``; and'' and all that follows through the end of the section and inserting a period; (2) in section 203, by striking subsections (a) through (d) and the designation for subsection (e); (3) by striking sections 204 and 205; (4) in section 206(a), by striking ``Office of Environmental Quality Management Fund'' and inserting ``Office of National Environmental Policy Act Compliance Management Fund''; (5) by redesignating section 206 as section 204; and (6) by adding at the end the following: ``definitions ``Sec. 205. In this title, each of the terms `Director' and `Office' has the meaning given that term in section 3 of the National Environmental Policy Act of 1969.''. SEC. 5. ASSISTANCE FOR OFFICE OF NATIONAL ENVIRONMENTAL POLICY ACT COMPLIANCE. The National Environmental Policy Act of 1969 (as amended by section 3) is amended by inserting after section 207 the following: ``Sec. 208. To assist in the timely performance of the functions of the Office, the Director may utilize personnel or otherwise obtain assistance from other entities in the Executive Office of the President or other Federal agencies, by mutual consent with the heads of those entities or agencies, to assist the Director in performing the functions of the Office.''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Section 209 of the National Environmental Policy Act of 1969 is amended to read as follows: ``Sec. 209. (a) There are authorized to be appropriated to the Director to carry out the functions of the Director under this or any other Act-- ``(1) $1,000,000 for fiscal year 1994; ``(2) $1,100,000 for fiscal year 1995; ``(3) $1,200,000 for fiscal year 1996; and ``(4) $1,400,000 for fiscal year 1997. ``(b) Amounts appropriated to, or available for the use of, the Office or the Director shall remain available until expended.''. SEC. 7. DEFINITIONS. The National Environmental Policy Act of 1969 is amended by inserting after section 2 (42 U.S.C. 4321) the following: ``Sec. 3. In this Act: ``(1) The term `Director' means the Director of the Office of National Environmental Policy Act Compliance appointed under section 201(b). ``(2) The term `Fund' means the Office of National Environmental Policy Act Compliance Management Fund established by section 204 of the Environmental Quality Improvement Act of 1970. ``(3) The term `Office' means the Office of National Environmental Policy Act Compliance established by section 201(a).''. SEC. 8. TRANSFER OF FUNCTIONS TO SECRETARY OF THE ENVIRONMENT. (a) Transfers.--There are transferred to the Secretary of the Environment-- (1) the functions of the Council on Environmental Quality under paragraphs (2), (5), (6), and (7) of section 204 of the National Environmental Policy Act of 1969, as in effect on the day before the date of the enactment of this Act; and (2) the functions of the Chairman of the Council on Environmental Quality (as Director of the Office of Environmental Quality) under paragraphs (3), (4), (6), and (7) of section 203(d) of the Environmental Quality Improvement Act of 1970, as in effect on the day before the date of the enactment of this Act. (b) Construction.--The functions transferred to the Secretary of the Environment by this section or pursuant to any executive order issued pursuant to amendments made by this Act shall not be construed by anyone to affect, alter, change, or amend any other law or regulation administered by the Secretary or his or her delegate. (c) Accountability.--The Secretary of the Environment shall be accountable to the appropriate committees of the Senate and House of Representatives for all functions described in subsection (b). (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary such sums as may be necessary specifically to carry out the functions described in subsection (b) effectively and in a timely manner. SEC. 9. TERMINATION OF COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY. (a) Termination.--The Council on Environmental Quality and the Office of Environmental Quality are terminated. (b) References.--Reference to the Council on Environmental Quality, the Office of Environmental Quality, or any officer or employee of that council or that office in any other Federal law, Executive order, rule, regulation, or delegation of authority, or in any document of or relating to the Council on Environmental Quality-- (1) with respect to functions that were vested in that council or office on the day before the date of the enactment of this Act and are vested in the Director of the Office of National Environmental Policy Act Compliance Office by section 202 of the National Environmental Policy Act of 1969, as amended by section 2 of this Act, is deemed to refer to the Director of the Office of National Environmental Policy Act Compliance or to such other official to whom such a function is transferred in accordance with section 202(c)(2) or (d)(2) of that Act, as appropriate; or (2) with regard to disputes, disagreements, and matters described in sections 202(a)(2) and 203 of that Act, as amended by section 2 of this Act, is deemed to refer to the Director of the Office of National Environmental Policy Act Compliance or to that office, as appropriate. (c) Savings Provisions.-- (1) Continuation of orders, etc.--All orders, determinations, rules, regulations, agreements, grants, contracts, privileges, and other administrative actions-- (A) which have been issued, made, granted, or allowed to become effective by the President, the Council on Environmental Quality, or the Office of Environmental Quality, in the performance of functions of the Council on Environmental Quality or the Office of Environmental Quality, or by a court of competent jurisdiction with respect to those functions, and (B) which are in effect on the date of the enactment of this Act, or were final before that date of enactment and are to become effective on or after that date of enactment, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Director of the Office of National Environmental Policy Act Compliance, any other authorized official, a court of competent jurisdiction, or operation of law. (2) Continuation of proceedings and applications.--The provisions of this Act shall not affect any proceedings pending before the Council on Environmental Quality on the date of the enactment of this Act, but such proceedings shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (3) Suits not affected.--The provisions of this section shall not affect suits commenced before the date of the enactment of this Act, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (4) Suits involving council or office.--No suit, action, or other proceeding commenced by or against the Council on Environmental Quality or the Office of Environmental Quality, or by or against any individual in the official capacity of such individual as an officer or employee of the Council or that Office, shall abate by reason of the enactment of this Act. (5) Rulemaking.--Any administrative action relating to the preparation or promulgation of a regulation by the Council on Environmental Quality shall be continued by the Director of the Office of National Environmental Policy Act Compliance or the President with the same effect as if this Act had not been enacted. (6) Assets and interests.--The contracts, liabilities, records, property, and other assets and interests of the Council on Environmental Quality and the Office of Environmental Quality shall, on and after the date of the enactment of this Act, be considered to be the contracts, liabilities, records, property, and other assets and interests of the Office of National Environmental Policy Act Compliance. (d) Continuing Availability of Amounts.--Amounts available to the Council on Environmental Quality on the date of the enactment of this Act shall be available for use by the Director of the Office of National Environmental Policy Act Compliance. SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS. The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) is amended-- (1) in section 2 (42 U.S.C. 4321)-- (A) by inserting ``and'' after ``man;''; and (B) by striking ``Nation;'' and all that follows through the end of the section and inserting ``Nation.''; (2) by striking ``Council on Environmental Quality'' each place that term appears and inserting ``Director''; (3) in section 102(2)(B) (42 U.S.C. 4332(2)(B)) by striking ``established by title II of this Act''; (4) in section 102(2)(G) (42 U.S.C. 4332(2)(G)) by inserting ``and'' after the semicolon; (5) in section 102(2)(H) (42 U.S.C. 4332(2)(H)) by striking ``; and'' and inserting a period; (6) by striking section 102(2)(I) (42 U.S.C. 4332(2)(I)); (7) in section 205(1) (42 U.S.C. 4345(1)) by striking ``the Citizen's'' and all that follows through ``and with''; and (8) in section 205(2) (42 U.S.C. 4345(2)) by striking ``the Council's'' and inserting ``the Office's''. HR 3484 IH----2

National Environmental Policy Act Administrative Reorganization Amendments of 1993 - Amends the National Environmental Policy Act of 1969 (the Act) to replace provisions regarding the Council on Environmental Quality with those establishing an Office of National Environmental Policy (NEPA) Compliance in the Executive Office of the President. Requires the Office to be headed by a Director appointed by the President. Requires the Director to: (1) promulgate regulations governing the implementation of the Act by all Federal agencies; (2) mediate interagency disputes; (3) monitor Federal agency implementation of the Act and regulations; and (4) perform other functions related to environmental laws, policies, and programs as specified by the President. Amends the Environmental Quality Improvement Act of 1970 to remove provisions regarding the Office of Environmental Quality. Authorizes appropriations for the Office of NEPA Compliance. Transfers certain duties of the Council, including making an annual report on the state of the environment, to the Secretary of the Environment. Authorizes appropriations. Terminates the Council and the Office of Environmental Quality and transfers functions to the Office of NEPA Compliance. Makes existing Council funds available for the Director.

National Environmental Policy Act Administrative Reorganization Amendments of 1993

SECTION 1. PURPOSE. The purpose of this Act is to repeal the 4.3-cent increase in the transportation motor fuels excise tax rates enacted by the Omnibus Budget Reconciliation Act of 1993 and dedicated to the general fund of the Treasury. SEC. 2. REPEAL OF 4.3-CENT INCREASE IN FUEL TAX RATES ENACTED BY THE OMNIBUS BUDGET RECONCILIATION ACT OF 1993 AND DEDICATED TO GENERAL FUND OF THE TREASURY. (a) In General.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline and diesel fuel) is amended by adding at the end the following new subsection: ``(f) Repeal of 4.3-Cent Increase in Fuel Tax Rates Enacted by the Omnibus Budget Reconciliation Act of 1993 and Dedicated to General Fund of the Treasury.-- ``(1) In general.--During the applicable period, each rate of tax referred to in paragraph (2) shall be reduced by 4.3 cents per gallon. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are the rates of tax otherwise applicable under-- ``(A) subsection (a)(2)(A) (relating to gasoline and diesel fuel), ``(B) sections 4091(b)(3)(A) and 4092(b)(2) (relating to aviation fuel), ``(C) section 4042(b)(2)(C) (relating to fuel used on inland waterways), ``(D) paragraph (1) or (2) of section 4041(a) (relating to diesel fuel and special fuels), ``(E) section 4041(c)(2) (relating to gasoline used in noncommercial aviation), and ``(F) section 4041(m)(1)(A)(i) (relating to certain methanol or ethanol fuels). ``(3) Comparable treatment for compressed natural gas.--No tax shall be imposed by section 4041(a)(3) on any sale or use during the applicable period. ``(4) Comparable treatment under certain refund rules.--In the case of fuel on which tax is imposed during the applicable period, each of the rates specified in sections 6421(f)(2)(B), 6421(f)(3)(B)(ii), 6427(b)(2)(A), 6427(l)(3)(B)(ii), and 6427(l)(4)(B) shall be reduced by 4.3 cents per gallon. ``(5) Coordination with highway trust fund deposits.--In the case of fuel on which tax is imposed during the applicable period, each of the rates specified in subparagraphs (A)(i) and (C)(i) of section 9503(f)(3) shall be reduced by 4.3 cents per gallon. ``(6) Applicable period.--For purposes of this subsection, the term `applicable period' means the period after the 6th day after the date of the enactment of this subsection and before January 1, 1997.'' (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 3. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before the tax repeal date, tax has been imposed under section 4081 or 4091 of the Internal Revenue Code of 1986 on any liquid, and (2) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on such date. (b) Time For Filing Claims.--No credit or refund shall be allowed or made under this section unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax repeal date, and (2) in any case where liquid is held by a dealer (other than the taxpayer) on the tax repeal date-- (A) the dealer submits a request for refund or credit to the taxpayer before the date which is 3 months after the tax repeal date, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any liquid in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section-- (1) the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer, and (2) the term ``tax repeal date'' means the 7th day after the date of the enactment of this Act. (e) Certain Rules To Apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. SEC. 4. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any liquid on which tax was imposed under section 4081 or 4091 of the Internal Revenue Code of 1986 before January 1, 1997, and which is held on such date by any person, there is hereby imposed a floor stocks tax of 4.3 cents per gallon. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--A person holding a liquid on January 1, 1997, to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time for payment.--The tax imposed by subsection (a) shall be paid on or before June 30, 1997. (c) Definitions.--For purposes of this section-- (1) Held by a person.--A liquid shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (2) Gasoline and diesel fuel.--The terms ``gasoline'' and ``diesel fuel'' have the respective meanings given such terms by section 4083 of such Code. (3) Aviation fuel.--The term ``aviation fuel'' has the meaning given such term by section 4093 of such Code. (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or his delegate. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to gasoline, diesel fuel, or aviation fuel held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 or 4091 of such Code is allowable for such use. (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be imposed by subsection (a) on gasoline or diesel fuel held in the tank of a motor vehicle or motorboat. (f) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a)-- (A) on gasoline held on January 1, 1997, by any person if the aggregate amount of gasoline held by such person on such date does not exceed 4,000 gallons, and (B) on diesel fuel or aviation fuel held on such date by any person if the aggregate amount of diesel fuel or aviation fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). (3) Controlled groups.--For purposes of this subsection-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (g) Other Law Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code in the case of gasoline and diesel fuel and section 4091 of such Code in the case of aviation fuel shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such section 4081 or 4091. SEC. 5. BENEFITS OF TAX REPEAL SHOULD BE PASSED ON TO CONSUMERS. (a) Passthrough to Consumers.-- (1) Sense of congress.--It is the sense of Congress that-- (A) consumers immediately receive the benefit of the repeal of the 4.3-cent increase in the transportation motor fuels excise tax rates enacted by the Omnibus Budget Reconciliation Act of 1993, and (B) transportation motor fuels producers and other dealers take such actions as necessary to reduce transportation motor fuels prices to reflect the repeal of such tax increase, including immediate credits to customer accounts representing tax refunds allowed as credits against excise tax deposit payments under the floor stocks refund provisions of this Act. (2) Study.-- (A) In general.--The Comptroller General of the United States shall conduct a study of the repeal of the 4.3-cent increase in the fuel tax imposed by the Omnibus Budget Reconciliation of 1993 to determine whether there has been a passthrough of such repeal. (B) Report.--Not later than January 31, 1997, the Comptroller General of the United States shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives the results of the study conducted under subparagraph (A). SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR EXPENSES OF ADMINISTRATION OF THE DEPARTMENT OF ENERGY. Section 660 of the Department of Energy Organization Act (42 U.S.C. 7270) is amended-- (1) by inserting ``(a) In General.--'' before ``Appropriations''; and (2) by adding at the end the following: ``(b) Fiscal Years 1997 Through 2002.--There are authorized to be appropriated for salaries and expenses of the Department of Energy for departmental administration and other activities in carrying out the purposes of this Act-- ``(1) $104,000,000 for fiscal year 1997; ``(2) $104,000,000 for fiscal year 1998; ``(3) $100,000,000 for fiscal year 1999; ``(4) $90,000,000 for fiscal year 2000; ``(5) $90,000,000 for fiscal year 2001; and ``(6) $90,000,000 for fiscal year 2002.''. SEC. 7. SPECTRUM AUCTIONS. (a) Commission Obligation to Make Additional Spectrum Available by Auction.-- (1) In general.--The Federal Communications Commission shall complete all actions necessary to permit the assignment, by March 31, 1998, by competitive bidding pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) of licenses for the use of bands of frequencies that-- (A) individually span not less than 12.5 megahertz, unless a combination of smaller bands can, notwithstanding the provisions of paragraph (7) of such section, reasonably be expected to produce greater receipts; (B) in the aggregate span not less than 35 megahertz; (C) are located below 3 gigahertz; and (D) have not, as of the date of enactment of this Act-- (i) been assigned or designated by Commission regulation for assignment pursuant to such section; (ii) been identified by the Secretary of Commerce pursuant to section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923); or (iii) reserved for Federal Government use pursuant to section 305 of the Communications Act of 1934 (47 U.S.C. 305). (2) Criteria for reassignment.--In making available bands of frequencies for competitive bidding pursuant to paragraph (1), the Commission shall-- (A) seek to promote the most efficient use of the spectrum; (B) take into account the cost to incumbent licensees of relocating existing uses to other bands of frequencies or other means of communication; (C) take into account the needs of public safety radio services; (D) comply with the requirements of international agreements concerning spectrum allocations; and (E) take into account the costs to satellite service providers that could result from multiple auctions of like spectrum internationally for global satellite systems. (b) Permanent Auction Authority.--Paragraph (11) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is repealed. Passed the House of Representatives May 21, 1996. Attest: ROBIN H. CARLE, Clerk. By Linda Nave, Deputy Clerk.

Amends the Internal Revenue Code to reduce by 4.3 cents the excise tax rate on various transportation motor fuels. Prohibits the taxation on any sale or use of compressed natural gas beginning six days after enactment of this Act until January 1, 1997. (Sec. 3) Sets forth the procedure for filing a claim for a credit or refund for any such tax imposed on any liquid prior to the seventh day after enactment of this Act. (Sec. 4) Imposes a floor stocks tax of 4.3 cents per gallon on any liquid on which such fuel tax was imposed before January 1, 1997, and which is held on such date by any person. Sets forth provisions on method of payment and exceptions to such tax. (Sec. 5) Expresses the sense of the Congress that consumers receive the benefit of such excise tax reduction and that transportation motor fuels producers and dealers take necessary action to reduce fuel prices to reflect such tax reduction. Directs the Comptroller General to study and report to the Congress on whether there has been a passthrough to consumers because of such fuel tax reduction. (Sec. 6) Authorizes appropriations for FY 1997 through 2002 for salaries and expenses of the Department of Energy in carrying out this Act. (Sec. 7) Requires the Federal Communications Commission to complete all actions necessary to permit the assignment by March 31, 1998, by competitive bidding pursuant to the Communications Act of 1934 of licenses for the use of specified radio bands of frequencies. Sets forth the criteria for making such assignments.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Indian Trust Fund Management Reform Act Amendments''. SEC. 2. DEFINITIONS. Section 2 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001) is amended by adding at the end the following: ``(7) The term `Commission' means the Indian Trust Reform Commission established under section 303.''. SEC. 3. OFFICE OF SPECIAL TRUSTEE FOR AMERICAN INDIANS, INDIAN TRUST REFORM COMMISSION. (a) Office of Special Trustee for American Indians.-- (1) In general.--Section 302 of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4042) is amended by striking subsection (c) and inserting the following: ``(c) Term of Special Trustee.--The Special Trustee shall serve for a term of 2 years.''. (2) Conforming amendment.--Section 306 of the American Indian Trust Fund Management Reform Act (25 U.S.C. 4046) is amended by striking subsection (d). (b) Indian Trust Reform Commission.--Section 302 of the American Indian Trust Fund Management Reform Act (25 U.S.C. 4042) is amended by adding at the end the following: ``(d) Indian Trust Fund Reform Commission.-- ``(1) Establishment.--There is established the Indian Trust Fund Reform Commission. ``(2) Membership.--The Commission shall be composed of the following members: ``(A) One member appointed by the Majority Leader of the Senate. ``(B) One member appointed by the Minority Leader of the Senate. ``(C) One member appointed by the Speaker of the House of Representatives. ``(D) One member appointed by the Minority Leader of the House of Representatives. ``(E) One member appointed by the Secretary of the Interior. ``(3) Consultation.--Before making an appointment under paragraph (2), each individual referred to in subparagraphs (A) through (D) shall consult with each other individual referred to in those subparagraphs to achieve, to the maximum extent practicable, fair and equitable representation of different interests, with resect to the matters to be studied by the commission, including the interests of Indian tribes, appropriate intertribal organizations, and individual Indian account holders. ``(4) Qualifications of members.-- ``(A) In general.--Each individual appointed as a member under paragraph (2) shall-- ``(i) have legal, accounting, regulatory, or administrative experience with respect to trust assets and accounts or comparable experience in tribal government; or ``(ii) at the time of the appointment, be an individual who is serving as a member of the advisory board established under section 306(a). ``(B) Concurrent membership.--A member of the advisory board referred to in subparagraph (A)(ii) may serve concurrently as a member of the Commission. ``(5) Chairperson.--Not later than the date on which a majority of the members of the Commission have been appointed (but not later than 75 days after the date of enactment of this subsection) a chairperson of the Commission shall be selected a consensus or majority decision made by the Secretary of the Interior, the Speaker of the House of Representatives, and the Majority Leader of the Senate. ``(6) Initial appointments; period of appointment; and vacancies.-- ``(A) Initial appointments.--The initial appointment of the members of the Commission shall be made not later than 60 days after the date of enactment of this subsection. ``(B) Period of appointment.--Members shall be appointed for the life of the Commission. ``(C) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment, but not later than 60 days after the date on which the vacancy occurs. ``(7) Initial meeting.--Not later than 30 days after the date on which a majority of the members of the Commission have been appointed, the Commission shall hold its first meeting. ``(8) Meetings.--The Commission shall meet at the call of the Chairman. ``(9) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. ``(10) Duties of the commission.--The Commission shall carry out the duties of the Commission specified in section 303(a). ``(11) Powers of the commission.-- ``(A) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the duties of the Commission under this Act. ``(B) Information from federal agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the duties of the Commission under this subsection. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. ``(12) Postal services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. ``(13) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. ``(14) Commission personnel matters.-- ``(A) Compensation of members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. ``(B) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. ``(15) Staff.-- ``(A) In general.--The Chairman may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. ``(B) Compensation.--The Chairman may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. ``(C) Detail of government employees.--Any Federal Government employee may be detailed to the Board without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. ``(D) Procurement of temporary and intermittent services.--The Chairman may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.''. SEC. 4. REINVENTION STRATEGY. Section 303 of the American Indian Trust Fund Management Act of 1994 (25 U.S.C. 4043) is amended by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Reinvention strategy.-- ``(A) In general.--Not later than 180 days after a majority of the members of the Commission have been appointed, the Commission, in consultation with Indian tribes and appropriate Indian organizations, shall prepare for submission to the individuals and entities specified in subparagraph (C) in accordance with subparagraph (B) a recommended reinvention strategy for all phases of the trust management business cycle that ensures the proper and efficient discharge of the trust responsibility of the Federal Government to Indian tribes and individual Indians in compliance with this title. ``(B) Adoption.--Not later than 90 days after the date specified in subparagraph (A), the Commission shall-- ``(i)(I) meet to consider the reinvention strategy developed under subparagraph (A); and ``(II)(aa) take a vote concerning the adoption of the reinvention strategy for recommendation to the individuals and entities specified in subparagraph (C), and adopt for recommendation the reinvention strategy if it is approved by a majority vote; or ``(bb) modify the reinvention strategy, and if the modified reinvention strategy is approved by a majority vote, adopt the modified reinvention strategy for recommendation to the individuals and entities specified in subparagraph (C); and ``(ii) submit a recommended reinvention strategy to the individuals and entities specified in subparagraph (C). ``(C) Individuals and entities.--The individuals and entities referred to in subparagraphs (A) and (B) are as follows: ``(i) The advisory commission established under section 306(a). ``(ii) The Secretary. ``(iii) The Committee on Resources of the House of Representatives. ``(iv) The Committee on Indian Affairs of the Senate. ``(2) Reinvention strategy requirements.-- ``(A) In general.--In preparing the reinvention strategy under this subsection, the Commission shall explicitly consider and include in the report to the individuals and entities described in paragraph (1)(C) findings concerning the following options for fulfilling the obligations of the Federal Government (including the trust obligations of the Federal Government) to Indian tribes and individual Indian account holders: ``(i) The creation of a Government- sponsored enterprise or a federally chartered corporation to undertake some or all of the management, accounting, or other parts of the trust management business cycle. ``(ii) The use of existing or expanded authority under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) to undertake some or all of the management, accounting, or other parts of the trust management business cycle. ``(iii) Requiring the Secretary to contract directly with private sector entities (including banks and other private institutions) to undertake some or all of the management, accounting, or other parts of the trust management business cycle. ``(iv) Any combination of the options described in clauses (i) through (iii) that the Commission considers to be appropriate. ``(B) Additional requirements.--In addition to meeting the requirements under subparagraph (A), the reinvention strategy shall-- ``(i) identify all reforms to the policies, procedures, practices, and systems of the Department (including systems of the Bureau, the Bureau of Land Management, and the Minerals Management Service) that are necessary to ensure the proper and efficient discharge of the trust responsibilities of the Secretary in compliance with this Act; ``(ii) include provisions to-- ``(I) provide opportunities to Indian tribes to assist in the management of their trust accounts; and ``(II) identify for the Secretary options for the investment of the trust accounts of Indian tribes in a manner consistent with the trust responsibilities of the Secretary in compliance with this Act in such manner as to ensure the promotion of economic development in the communities of Indian tribes; and ``(iii) include recommendations concerning whether the position of Special Trustee should be continued or made permanent. ``(3) Regulatory entity.-- ``(A) In general.--Not later than 90 days after approving a reinvention strategy under paragraph (1), the Commission shall recommend to Congress the Federal agency that should be responsible for regulating the trust management activities of the Federal Government, with respect to funds held in trust under this Act, and submit such recommendations for legislation to implement the reinvention strategy as the Commission considers to be appropriate. ``(B) Criteria for recommending regulatory entity.--In determining which regulatory entity to recommend under subparagraph (A), the Commission shall consider-- ``(i) the provisions of the recommended reinvention strategy approved under paragraph (1); and ``(ii) the similarity of the recommended reinvention strategy approved under paragraph (1) and the functions and activities of an entity regulated by-- ``(I) the Office of the Comptroller of the Currency; ``(II) the Board of Governors of the Federal Reserve System; ``(III) the Office of Federal Housing Enterprise Oversight; ``(IV) the Federal Trade Commission; ``(V) the Office of Thrift Supervision; or ``(VI) any other Federal agency charged with the responsibility of regulating public or private entities that invest or manage financial resources.''.

American Indian Trust Fund Management Reform Act Amendments - Amends the American Indian Trust Fund Management Reform Act of 1994 (the Act) to: (1) provide a two-year term of office for the Special Trustee for American Indians; and (2) establish the Indian Trust Fund Reform Commission. Requires the Commission to prepare for submission to the Secretary of the Interior, specified congressional committees, and the Special Trustee's advisory board a recommended reinvention strategy for all trust management business cycles that ensures the proper and efficient discharge of the trust responsibility of the Federal Government to Indian tribes and individual Indians in compliance with the Act. Outlines strategy adoption procedures and requirements. Requires the Commission to: (1) recommend to Congress the Federal agency that should be responsible for regulating such Federal fund management activities; and (2) submit recommendations for legislation to implement the strategy adopted by the Commission.

American Indian Trust Fund Management Reform Act Amendments