FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Media Violence Labeling Act of 2000''. SEC. 2. SYSTEM FOR LABELING VIOLENT CONTENT IN AUDIO AND VISUAL MEDIA PRODUCTS AND SERVICES. (a) Declaration of Policy.--Section 2 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331) is amended-- (1) by inserting ``(a) Policy Regarding Cigarettes.--'' before ``It is the policy of the Congress''; and (2) by adding at the end the following: ``(b) Policy Regarding Violence in Audio and Visual Media Products and Services.--It is also the policy of Congress, and the purpose of this Act, to provide for the establishment, use, and enforcement of a consistent and comprehensive system in plain English for labeling violent content in audio and visual media products and services (including labeling of such products and services in the advertisements for such products and services), whereby-- ``(1) the public may be adequately informed of-- ``(A) the nature, context, and intensity of depictions of violence in audio and visual media products and services; and ``(B) matters needed to judge the appropriateness of the purchase, viewing, listening to, use, or other consumption of audio and visual media products and services containing violent content by minors of various ages; and ``(2) the public may be assured of-- ``(A) the accuracy and consistency of the system in labeling the nature, context, and intensity of depictions of violence in audio and visual media products and services; and ``(B) the accuracy and consistency of the system in providing information on matters needed to judge the appropriateness of the purchase, viewing, listening to, use, or other consumption of audio and visual media products and services containing violent content by minors of various ages.''. (b) Definition.--Section 3 of that Act (15 U.S.C. 1332) is amended by adding at the end the following: ``(10)(A) The term `audio and visual media products and services' means interactive video game products and services, video program products, motion picture products, and sound recording products. ``(B) The term does not include television programming, including any motion picture broadcast on television.''. (c) Labeling of Audio and Visual Media Products and Services.--That Act is further amended by inserting after section 4 (15 U.S.C. 1333) the following new section: ``labeling of audio and visual media products and services ``Sec. 4A. (a) Voluntary Labeling System.--(1) Manufacturers and producers of audio and visual media products and services may submit to the Federal Trade Commission a joint proposal for a system for labeling the violent content in audio and visual media products and services. ``(2) The proposal under this subsection should, to the maximum extent practicable, meet the requirements set forth in subsection (b). ``(3)(A) The antitrust laws shall not apply to any joint discussion, consideration, review, action, or agreement between or among manufacturers and producers referred to in paragraph (1) for purposes of developing a joint proposal for a system for labeling referred to in that paragraph. ``(B) For purposes of this paragraph, the term `antitrust laws' has the meaning given such term in the first section of the Clayton Act (15 U.S.C. 12) and includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45). ``(b) Requirements for Labeling System.--A system for labeling the violent content in audio and visual media products and services under this section shall meet the following requirements: ``(1) The label of a product or service shall consist of a single format which provides a product-specific or service- specific description in plain English of the nature, context, and intensity of the depictions of violence in the product or service. ``(2) The content description of a product or service under paragraph (1) shall specify a minimum age in years for the purchase, viewing, listening to, use, or other consumption of the product or service in light of the totality of all depictions of violence in the product or service. ``(3) The format of the label for products and services shall-- ``(A) incorporate each label provided for under paragraphs (1) and (2); ``(B) include product-specific or service-specific written text in plain English; and ``(C) be identical in visual format for each given label provided under paragraphs (1) and (2), regardless of the type of product or service involved. ``(4) In the case of a product or service sold in a box, carton, sleeve, or other container, the label shall appear on the box, carton, sleeve, or container in a conspicuous manner. ``(5) In the case of a time-sequenced product or service that is intended to be viewed, the label shall-- ``(A) appear before the commencement of the product or service; ``(B) appear in both visual and audio form; and ``(C) appear in visual form for at least five seconds. ``(6) Any advertisement for a product or service shall include a label of the product or service in accordance with the applicable provisions of this subsection. ``(c) Federal Trade Commission Responsibilities.--(1)(A) If the manufacturers and producers referred to in subsection (a) submit to the Federal Trade Commission a proposal for a labeling system referred to in that subsection not later than 180 days after the date of the enactment of the Media Violence Labeling Act of 2000, the Commission shall review the labeling system contained in the proposal to determine whether the labeling system meets the requirements set forth in subsection (b) in a manner that addresses fully the purposes set forth in section 2(b). ``(B) Not later than 180 days after commencing a review of the proposal for a labeling system under subparagraph (A), the Commission shall issue a labeling system for purposes of this section. The labeling system issued under this subparagraph may include such modifications of the proposal as the Commission considers appropriate in order to assure that the labeling system meets the requirements set forth in subsection (b) in a manner that addresses fully the purposes set forth in section 2(b). ``(2)(A) If the manufacturers and producers referred to in subsection (a) do not submit to the Commission a proposal for a labeling system referred to in that subsection within the time provided under paragraph (1)(A), the Commission shall prescribe regulations to establish a labeling system for purposes of this section that meets the requirements set forth in subsection (b). ``(B) Any regulations under subparagraph (A) shall be prescribed not later than one year after the date of the enactment of the Media Violence Labeling Act of 2000. ``(d) Prohibition on Sale or Distribution Without Label.--Except as provided in subsection (f), commencing one year after the date of the enactment of the Media Violence Labeling Act of 2000, a person may not manufacture or produce for sale or distribution in commerce, package for sale or distribution in commerce, or sell or distribute in commerce any audio or visual media product or service unless the product or service bears a label in accordance with the labeling system issued or prescribed by the Federal Trade Commission under subsection (c). ``(e) Prohibition on Sale in Violation of Age Restriction.--Except as provided in subsection (f), commencing one year after the date of the enactment of the Media Violence Labeling Act of 2000, a person may not sell in commerce any audio or visual media product or service to an individual whose age in years is less than the age specified as the minimum age in years for a purchaser and consumer of the product or service, as the case may be, under the labeling system issued or prescribed by the Federal Trade Commission under subsection (c). ``(f) Defenses.--(1) It shall be a defense to a violation of subsection (d) or (e) that the person made a good faith effort to comply with subsection (d) or (e), as the case may be. ``(2) In the case of a person who is an employer, it shall be a defense to a violation of subsection (e) by an employee of such person that such person-- ``(A) carried out a program designed to train employees of such person in techniques and procedures necessary to ensure compliance with subsection (e); and ``(B) enforced the compliance of such employees with such techniques and procedures. ``(g) Investigations of Improper Labeling.--(1) The attorney general of a State shall have the authority to receive and investigate allegations that an audio or visual media product or service within such State does not bear a label under the labeling system issued or prescribed by the Commission under subsection (c) that is appropriate for the product or service, as the case may be, given the nature, context, and intensity of the depictions of violence in the product or service. ``(2) For purposes of this subsection, the term `attorney general', in the case of a State, means the chief legal officer of the State.''. (d) Civil Penalty.--That Act is further amended by inserting after section 10 (15 U.S.C. 1338) the following new section: ``civil penalty ``Sec. 10A. (a) In General.--Except as provided in subsection (f) of section 4A, any person who violates subsection (d) or (e) of section 4A shall be subject to a civil penalty in an amount not to exceed $10,000 for each such violation. ``(b) Duration of Violation.--In the case of an audio or visual media product or service determined to violate section 4A(d), each day from the date of the commencement of sale or distribution of the product or service, as the case may be, to the date of the determination of the violation shall constitute a separate violation of subsection (a), and all such violations shall be aggregated together for purposes of determining the total liability of the manufacturer or producer of the product or service, as the case may be, for such violations under that subsection.''. (e) Short Title of Act.--The first section of that Act (15 U.S.C. 1331 note) is amended to read as follows: ``That this Act may be cited as the `Federal Cigarette and Media Violence Labeling and Advertising Act'''.

Authorizes manufacturers and producers of such products and services to submit to the Federal Trade Commission (FTC) a joint proposal for a system for labeling the violent content of such products and services. Outlines labeling system requirements, including that: (1) such product shall specify a minimum age for purchase and viewing; and (2) the label should appear conspicuously on the product. Requires the FTC to review any proposal that is submitted by such manufacturers and producers within 180 days after the enactment of this Act to determine if it meets such requirements. Requires the FTC to issue a labeling system within 180 days after commencing a review of such proposal. Directs the FTC to establish its own labeling system if a proposal is not submitted. Prohibits a person from manufacturing or producing such a product or service unless it bears a label meeting requirements of this Act. Prohibits a person, from the same date, from selling such product or service to an individual whose age is less than the minimum age specified under the labeling system. Provides defenses for violations, including a good-faith effort to comply with such requirements. Empowers the attorney general of a State to investigate allegations of violations of this Act. Provides civil penalties for violations. Renames the Federal Cigarette Labeling and Advertising Act as the Federal Cigarette and Media Violence Labeling and Advertising Act.

Media Violence Labeling Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Integrity Protection Act of 2015''. SEC. 2. WITHDRAWAL OF EXISTING PROPOSED RULE. Not later than 30 days after the date of enactment of this Act, the Secretary of the Army and the Administrator of the Environmental Protection Agency shall withdraw the proposed rule described in the notice of proposed rule published in the Federal Register entitled ``Definition of `Waters of the United States' Under the Clean Water Act'' (79 Fed. Reg. 22188 (April 21, 2014)) and any final rule based on such proposed rule (including RIN 2040-AF30). SEC. 3. DEVELOPMENT OF NEW PROPOSED RULE. (a) In General.--The Secretary of the Army and the Administrator of the Environmental Protection Agency shall develop a new proposed rule to define the term ``waters of the United States'' as used in the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (b) Development of New Proposed Rule.--In developing the new proposed rule under subsection (a), the Secretary and the Administrator shall-- (1) take into consideration the public comments received on-- (A) the proposed rule referred to in section 2; (B) the accompanying economic analysis of the proposed rule entitled ``Economic Analysis of Proposed Revised Definition of Waters of the United States'' (dated March 2014); and (C) the report entitled ``Connectivity of Streams & Wetlands to Downstream Waters: A Review & Synthesis of Scientific Evidence'' (EPA/600/R-14/475F; dated January 2015); (2) jointly consult with and solicit advice and recommendations from representative State and local officials, stakeholders, and other interested parties on how to define the term ``waters of the United States'' as used in the Federal Water Pollution Control Act; and (3) prepare a regulatory proposal that will, consistent with applicable rulings of the United States Supreme Court, specifically identify those waters covered under, and those waters not covered under, the Federal Water Pollution Control Act-- (A) taking into consideration-- (i) the public comments referred to in paragraph (1); and (ii) the advice and recommendations made by the State and local officials, stakeholders, and other interested parties consulted under this section; and (B) incorporating the areas and issues where consensus was reached with the parties. (c) Federalism Consultation Requirements.--As part of consulting with and soliciting advice and recommendations from State and local officials under subsection (b), the Secretary and the Administrator shall-- (1) seek to reach consensus with the State and local officials on how to define the term ``waters of the United States'' as used in the Federal Water Pollution Control Act; (2) provide the State and local officials with notice and an opportunity to participate in the consultation process under subsection (b); (3) consult with State and local officials that represent a broad cross-section of regional, economic, policy, and geographic perspectives in the United States; (4) emphasize the importance of collaboration with and among the State and local officials; (5) allow for meaningful and timely input by the State and local officials; (6) recognize, preserve, and protect the primary rights and responsibilities of the States to protect water quality under the Federal Water Pollution Control Act, and to plan and control the development and use of land and water resources in the States; (7) protect the authorities of State and local governments and rights of private property owners over natural and manmade water features, including the continued recognition of Federal deference to State primacy in the development of water law, the governance of water rights, and the establishment of the legal system by which States mediate disputes over water use; (8) incorporate the advice and recommendations of the State and local officials regarding matters involving differences in State and local geography, hydrology, climate, legal frameworks, economies, priorities, and needs; and (9) ensure transparency in the consultation process, including promptly making accessible to the public all communications, records, and other documents of all meetings that are part of the consultation process. (d) Stakeholder Consultation Requirements.--As part of consulting with and soliciting recommendations from stakeholders and other interested parties under subsection (b), the Secretary and the Administrator shall-- (1) identify representatives of public and private stakeholders and other interested parties, including small entities (as defined in section 601 of title 5, United States Code), representing a broad cross-section of regional, economic, and geographic perspectives in the United States, which could potentially be affected, directly or indirectly, by the new proposed rule under subsection (a), for the purpose of obtaining advice and recommendations from those representatives about the potential adverse impacts of the new proposed rule and means for reducing such impacts in the new proposed rule; and (2) ensure transparency in the consultation process, including promptly making accessible to the public all communications, records, and other documents of all meetings that are part of the consultation process. (e) Timing of Federalism and Stakeholder Consultation.--Not later than 3 months after the date of enactment of this Act, the Secretary and the Administrator shall initiate consultations with State and local officials, stakeholders, and other interested parties under subsection (b). (f) Report.--The Secretary and the Administrator shall prepare a report that-- (1) identifies and responds to each of the public comments filed on-- (A) the proposed rule referred to in section 2; (B) the accompanying economic analysis of the proposed rule entitled ``Economic Analysis of Proposed Revised Definition of Waters of the United States'' (dated March 2014); and (C) the report entitled ``Connectivity of Streams & Wetlands to Downstream Waters: A Review & Synthesis of Scientific Evidence'' (EPA/600/R-14/475F; dated January 2015); (2) provides a detailed explanation of how the new proposed rule under subsection (a) addresses the public comments referred to in paragraph (1); (3) describes in detail-- (A) the advice and recommendations obtained from the State and local officials consulted under this section; (B) the areas and issues where consensus was reached with the State and local officials consulted under this section; (C) the areas and issues of continuing disagreement that resulted in the failure to reach consensus; and (D) the reasons for the continuing disagreements; (4) provides a detailed explanation of how the new proposed rule addresses the advice and recommendations provided by the State and local officials consulted under this section, including the areas and issues where consensus was reached with the State and local officials; (5) describes in detail-- (A) the advice and recommendations obtained from the stakeholders and other interested parties, including small entities, consulted under this section about the potential adverse impacts of the new proposed rule and means for reducing such impacts in the new proposed rule; and (B) how the new proposed rule addresses such advice and recommendations; (6) provides a detailed explanation of how the new proposed rule-- (A) recognizes, preserves, and protects the primary rights and responsibilities of the States to protect water quality and to plan and control the development and use of land and water resources in the States; and (B) is consistent with the applicable rulings of the United States Supreme Court regarding the scope of waters to be covered under the Federal Water Pollution Control Act; and (7) provides comprehensive regulatory and economic impact analyses, utilizing the latest data and other information, on how definitional changes in the new proposed rule will impact, directly or indirectly-- (A) each program under the Federal Water Pollution Control Act for Federal, State, and local government agencies; and (B) public and private stakeholders and other interested parties, including small entities, regulated under each such program. (g) Publication.-- (1) Federal register notice.--Not later than 3 months after the completion of consultations with and solicitation of recommendations from State and local officials, stakeholders, and other interested parties under subsection (b), the Secretary and the Administrator shall publish for comment in the Federal Register-- (A) the new proposed rule under subsection (a); (B) a description of the areas and issues where consensus was reached with the State and local officials consulted under this section; and (C) the report described in subsection (f). (2) Duration of review.--The Secretary and the Administrator shall provide not fewer than 180 days for the public to review and comment on-- (A) the new proposed rule under subsection (a); (B) the accompanying economic analysis for the new proposed rule; and (C) the report described in subsection (f). (h) Procedural Requirements.--Subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act'') shall apply to the development and review of the new proposed rule under subsection (a). (i) State and Local Officials Defined.--In this section, the term ``State and local officials'' means elected or professional State and local government officials or their representative regional or national organizations. SEC. 4. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS. No additional funds are authorized to be appropriated to carry out this Act, and this Act shall be carried out using amounts otherwise available for such purpose. SEC. 5. EFFECT ON STATE PERMIT PROGRAMS. (a) In General.--If the Administrator of the Environmental Protection Agency, based on the proposed rule developed under section 3, issues a final rule to define the term ``waters of the United States'' as used in the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Administrator shall-- (1) not later than 90 days after the date of issuance of the final rule, review each permit program being administered by a State under section 402, 404, or 405 of that Act (33 U.S.C. 1342, 1344, or 1345) to determine whether the permit program complies with the terms of the final rule; and (2) not later than 10 days after the date of completion of the review, notify the State of-- (A) the Administrator's determination under paragraph (1); and (B) in any case in which the Administrator determines that a permit program does not comply with the final rule, the actions required to bring the permit program into compliance. (b) Compliance Period.--During the 2-year period beginning on the date on which the Administrator provides notice to a State under subsection (a)(2), the Administrator may not withdraw approval of a State permit program referred to in subsection (a)(1) on the basis that the permit program does not comply with the terms of a final rule described in subsection (a). (c) Limitation on Statutory Construction.--Nothing in this section may be construed to limit or otherwise affect the authority of the Administrator under the Federal Water Pollution Control Act or any other provision of law-- (1) to withdraw approval of a State permit program referred to in subsection (a)(1), except as specifically prohibited by subsection (b); or (2) to disapprove a proposed permit under a State permit program referred to in subsection (a). Passed the House of Representatives May 12, 2015. Attest: KAREN L. HAAS, Clerk.

Regulatory Integrity Protection Act of 2015 (Sec. 2) This bill requires the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA) to withdraw, within 30 days, the proposed rule, "Definition of 'Waters of the United States' Under the Clean Water Act," dated April 21, 2014, describing the water bodies that fall under the scope of the Federal Water Pollution Control Act (commonly known as the Clean Water Act), as well as any final rule based on the proposed rule. (Sec. 3) The Army Corps and the EPA must develop a new proposed rule to define the term, "waters of the United States" as used in that Act. In developing the new rule, the Army Corps and the EPA must meet requirements concerning consultation with states and localities enumerated in this bill. The new rule must specifically identify those waters covered and not covered by the Clean Water Act and incorporate the areas and issues where consensus was reached by the interested parties. The Army Corps and the EPA must prepare a report with details about the new proposed rule and its development, including: (1) explanations of how the rule addresses public comments filed on certain related rules and reports and addresses recommendations provided in the consultation process; and (2) comprehensive regulatory and economic impact analyses of how the rule will impact interested parties and each program under the Clean Water Act. The Army Corps and the EPA must: (1) publish the report, a description of the areas and issues where consensus was reached with the state and local officials consulted, and the new proposed rule; and (2) make them available for public review and comment for at least 180 days. (Sec. 5) Within 90 days of issuing a final rule to define the term, the EPA must determine whether each permit program administered by states under the Clean Water Act's National Pollutant Discharge Elimination System program, the program to regulate the discharge of dredged or fill material into waters of the United States, and the program regulating the disposal of sewage sludge is in compliance with the rule. States are given two years to bring any noncompliant programs into compliance before the EPA withdraws approval of the state program.

Regulatory Integrity Protection Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Government Water and Sanitary Sewer Billing and Collection Improvement Act of 2002''. SEC. 2. DIRECT BILLING FOR WATER AND SEWER SERVICES FURNISHED TO FEDERAL AGENCIES. (a) Water Services.--Section 106(b) of the District of Columbia Public Works Act of 1954 (sec. 34-2401.25(b), D.C. Official Code) is amended to read as follows: ``(b)(1) Beginning with payments due October 1, 2002, the District of Columbia (District) shall bill directly any Department, agency or independent establishment of the United States Government (user agency) for water services furnished to such user agency. ``(2) In accordance with the procedures of paragraph (3) of this subsection, on the first day of each fiscal quarter, each user agency shall pay directly to the District, from funds specifically appropriated or otherwise available to it, one-fourth (25 percent) of the annual estimate prepared by the District. User agencies shall pay the District without further justification. ``(3) By April 15 of each calendar year, the District shall provide each user agency, for inclusion in the President's budget of the user agency, an estimate of the cost of service for such user agency for the fiscal year commencing October 1st of the following calendar year. The District shall provide the Office of Management and Budget with copies of all estimates provided to user agencies. The estimate shall provide the total estimated annual cost of such service and an itemized estimate of such costs for the user agency. The District's estimates on a yearly basis shall reflect such adjustments as are necessary to-- ``(A) account for actual usage variances from the estimated amounts for the fiscal year ending September 30th of the calendar year preceding April 15th; and ``(B) reflect changes in rates charged for water and sewer services resulting from public laws or rate covenants pursuant to water and sewer revenue bond sales. The District shall also provide procedures to ensure resolution of billing disputes between the District and user agencies. ``(4) The amount or time period for late payment of water charges involving a building, establishment, or other place owned by the Federal Government imposed by the District shall not be different from those imposed by the District on its most favored customer. ``(5) Not later than the 15th day of the month following each quarter, the inspector general of each Federal department, establishment, or agency receiving water services from the District shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate analyzing the promptness of payment with respect to the services furnished to such department, establishment, or agency. ``(6) The Secretary of the Treasury is authorized and directed to transfer, from funds available to a user agency, to the United States Treasury account entitled `Federal Payment for Water and Sewer Services,' the amount necessary to cover any amounts owed by the user agency for services rendered by the District prior to October 1, 2002. The Secretary of the Treasury shall pay to the District, from these transferred funds, any amounts owed to the District for Services rendered by the District to the user agency prior to October 1, 2002. ``(7) For services rendered to buildings leased or managed by the General Services Administration (GSA), the term `user agency' as used in this subsection shall refer to GSA.''. (b) Sanitary Sewer Services.--Section 212(b) of such Act (sec. 34- 2112(b), D.C. Official Code) is amended to read as follows: ``(b)(1) Beginning with payments due October 1, 2002, the District of Columbia (District) shall bill directly any Department, agency or independent establishment of the United States Government (user agency) for sanitary sewer services furnished to such user agency. ``(2) In accordance with the procedures of paragraph (3) of this subsection, on the first day of each fiscal quarter, each user agency shall pay directly to the District, from funds specifically appropriated or otherwise available to it, one-fourth (25 percent) of the annual estimate prepared by the District. User agencies shall pay the District without further justification. ``(3) By April 15 of each calendar year, the District shall provide each user agency, for inclusion in the President's budget of the user agency, an estimate of the cost of service for such user agency for the fiscal year commencing October 1st of the following calendar year. The District shall provide the Office of Management and Budget with copies of all estimates provided to user agencies. The estimate shall provide the total estimated annual cost of such service and an itemized estimate of such costs for the user agency. The District's estimates on a yearly basis shall reflect such adjustments as are necessary to-- ``(A) account for actual usage variances from the estimated amounts for the fiscal year ending September 30th of the calendar year preceding April 15th; and ``(B) reflect changes in rates charged for water and sewer services resulting from public laws or rate covenants pursuant to water and sewer revenue bond sales. The District shall also provide procedures to ensure resolution of billing disputes between the District and user agencies. ``(4) The amount or time period for late payment of sanitary sewer charges involving a building, establishment, or other place owned by the Federal Government imposed by the District shall not be different from those imposed by the District on its most favored customer. ``(5) Not later than the 15th day of the month following each quarter, the inspector general of each Federal department, establishment, or agency receiving sanitary sewer services from the District shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate analyzing the promptness of payment with respect to the services furnished to such department, establishment, or agency. ``(6) The Secretary of the Treasury is authorized and directed to transfer, from funds available to a user agency, to the United States Treasury account entitled `Federal Payment for Water and Sewer Services', the amount necessary to cover any amounts owed by the user agency for services rendered by the District prior to October 1, 2002. The Secretary of the Treasury shall pay to the District, from these transferred funds, any amounts owed to the District for services rendered by the District to the user agency prior to October 1, 2002. ``(7) For services rendered to buildings leased or managed by the General Services Administration, the term `user agency' as used in this subsection shall refer to GSA.'' SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect October 1, 2002.

Federal Government Water and Sanitary Sewer Billing and Collection Improvement Act of 2002 - Amends the District of Columbia Public Works Act of 1954 to revise administrative requirements with respect to billings for water and sewer authority services provided to the Federal Government by the District of Columbia (thus, providing for direct billings by the District to Federal agencies for such services and direct payment by them to the District).

To provide for direct billing for water and sanitary sewer furnished to Federal agencies by the District of Columbia, and direct payment by those agencies to the District of Columbia.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoring the Partnership for County Health Care Costs Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States Supreme Court has interpreted the 8th Amendment to require governmental entities to provide medical care to persons involuntarily confined in jails, detention centers, and prisons. (2) The Federal Government does not provide benefits under the Medicare, Medicaid, Supplemental Security Income (SSI), or State Children's Health Insurance (SCHIP) Program health benefits to inmates even if the person is awaiting trial in jail and has not been convicted. However, beneficiaries who are released after posting bond, or who are released under their own recognizance, or who are released under house arrest may continue to receive Medicare, Medicaid, SSI, and SCHIP benefits. (3) The cost of providing health care in prisons and jails has increased exponentially due in part to high incarceration rates, infectious diseases, chronic conditions, substance abuse treatment, mental illness, aging prison populations, rising prescription drug costs, and mandatory sentencing laws. (4) Providing health care for inmates constitutes a major portion of local jail operating costs. Requiring county governments to cover health care costs for inmates who have not been convicted places an unnecessary burden on local governments who have been negatively impacted by recession, widespread budget deficits, and cuts to safety net programs and services. (5) Jails generally have a higher instance of mentally ill inmates because jails frequently serve as holding places for low-income persons who are waiting placement in a mental facility and for mentally ill persons who commit nuisance crimes because of inadequate access to treatment in their communities. (6) The rising cost of bail has also contributed to an overall increase in the jail population and health care costs for inmates. The high cost of bail has contributed to the disproportionate rate of incarceration among African-Americans and Latinos. (7) Terminating benefits to people in county jails who are awaiting trial violates the presumption of innocence, because it does not distinguish between persons awaiting disposition of charges and those who have been duly convicted and sentenced. (8) Otherwise eligible individuals who have been charged with a crime and incarcerated, but not convicted, should continue to be eligible for Federal health benefits, such as Medicare, Medicaid, SSI, or SCHIP, until such time as they may be convicted and sentenced to an institution. SSI payments should be held until the inmate has been acquitted and released, or until the inmate has completed his or her sentence and been released. SEC. 3. REMOVAL OF INMATE LIMITATION ON BENEFITS UNDER MEDICAID, MEDICARE, SSI, AND SCHIP. (a) Medicaid.--The subdivision A of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) that follows paragraph (28) is amended by inserting ``or in custody pending disposition of charges'' after ``patient in a medical institution''. (b) Medicare.--Section 1862(a)(3) of such Act (42 U.S.C. 1395y(a)(3)) is amended by inserting ``in the case of services furnished to individuals who are in custody pending disposition of charges,'' after ``1880(e)''. (c) SSI.--Section 1611(e)(1) of such Act (42 U.S.C. 1382(e)(1)) is amended by adding at the end the following new subparagraph: ``(K)(i) As used in subparagraph (A), the term `inmate of a public institution' does not include an individual who is in custody pending disposition of charges. ``(ii) In the case of an individual who is an eligible individual or eligible spouse for purposes of this title only because of the application of the definition in clause (i), any supplemental security income benefits otherwise payable shall be withheld until such time as the individual is no longer either in custody pending disposition of charges or an inmate of a public institution or shall be paid to the individual's estate if the individual dies before the pending charges are disposed of or while the individual is an inmate of a public institution.''. (d) SCHIP.--Section 2110(b)(1) of such Act (42 U.S.C. 1397jj(b)(1)) is amended by inserting ``(except as an individual in custody pending disposition of charges)'' after ``inmate of a public institution''. (e) Effective Date.--The amendments made by this section shall take effect on the first day of the first calendar quarter beginning more than 60 days after the date of the enactment of this Act and shall apply to items and services furnished, and supplemental security income benefits paid, for periods beginning on or after such date.

Restoring the Partnership for County Health Care Costs Act of 2009 - Amends titles XVIII (Medicare), XIX (Medicaid), and XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to allow benefits under such titles for persons in custody in a public institution pending disposition of charges. States that, in the case of an otherwise eligible individual (or eligible spouse of such an individual) who is in custody pending disposition of charges, any benefits under SSA title XVI (Supplemental Security Income) (SSI) which are otherwise otherwise payable shall: (1) be withheld until the individual is no longer either in custody pending disposition of charges or an inmate of a public institution; or (2) be paid to the individual's estate, if the individual dies before the pending charges are disposed of or while the individual is an inmate of a public institution.

To amend titles XVI, XVIII, XIX, and XXI of the Social Security Act to remove limitations on Medicaid, Medicare, SSI, and SCHIP benefits for persons in custody pending disposition of charges.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Offshore Supply Vessel Construction and Development Act of 1994''. SEC. 2. DEFINITION OF OFFSHORE SUPPLY VESSEL. Section 2101(19) of title 46, United States Code, is amended to read as follows: ``(19) `offshore supply vessel' means a motor vessel that regularly transports goods, supplies, individuals in addition to the crew, or equipment in support of exploration, exploitation, or production of offshore mineral or energy resources that-- ``(A) is more than 15 regulatory gross tons but less than 500 regulatory gross tons; or ``(B) is more than 15 international gross tons, and not more than a maximum number of international gross tons prescribed by regulation of the Secretary.''. SEC. 3. APPLICATION TO VESSELS. (a) Section 3702(b) of title 46, United States Code, is amended to read as follows: ``(b)(1) The following vessels are deemed not to be a tank vessel for purposes of this chapter or any other law: ``(A) An offshore supply vessel. ``(B) A fishing or fish tender vessel of not more than 750 regulatory gross tons, when engaged in the fishing industry. ``(2) This subsection does not affect the authority of the Secretary under chapter 33 of this title to regulate the operation of vessels listed in paragraph (1) of this subsection to ensure the safe carriage of oil and hazardous substances.''. (b) Section 3306(a) of title 46, United States Code, is amended after ``safety'' by inserting ``of the marine environment and''. (c) Section 5209 of Public Law 102-587 is repealed. (d) Section 321 of Public Law 103-206 is repealed. SEC. 4. AUTHORITY TO PRESCRIBE REGULATIONS FOR MANNING AND LICENSING. (a) Section 7310 of title 46, United States Code, is amended to read as follows: ``For service on an offshore supply vessel, an individual may be rated as able seaman--offshore supply vessels if the individual has the following service on deck on board vessels operating on the oceans or the navigable waters of the United States (including the Great Lakes): ``(1) At least 6 months service on an offshore supply vessel of less than 500 regulatory gross tons, or 1600 international gross tons. ``(2) An amount of service prescribed by the Secretary on an offshore supply vessel of at least 1600 international gross tons.''. (b) Section 7312(d) of title 46, United States Code, is amended by striking ``a vessel of less than 500 gross tons'' through ``energy resources'' and inserting ``an offshore supply vessel''. (c) Section 8104(g) of title 46, United States Code, is amended-- (1) after ``offshore supply vessel'' by inserting ``of not more than 500 regulatory gross tons or 1600 international gross tons,'' and (2) by adding at the end of the subsection: ``The Secretary may prescribe requirements for the minimum number of watches on an offshore supply vessel of more than 1600 international gross tons.''. (d) Section 8301(b) of title 46, United States Code, is amended-- (1) after ``offshore supply vessel'' by inserting ``of not more than 500 regulatory gross tons or 1600 international gross tons,''; (2) after ``200'' by inserting ``regulatory''; and (3) by adding at the end of the subsection, ``The Secretary may prescribe requirements for the minimum number of licensed individuals on an offshore supply vessel of more than 1600 international gross tons.''. SEC. 5. CITIZENSHIP REQUIREMENT. Section 8103(b)(3)(A) of title 46, United States Code, is amended to read as follows: ``(A) an offshore supply vessel, or a similarly engaged vessel of less than 1600 regulatory gross tons or to a maximum international tonnage prescribed by regulation of the Secretary;''. SEC. 6. RESPONSE PLANNING REQUIREMENT. (a) Chapter 31 of title 46, United States Code, is amended by adding the following section: ``Sec. 3103. Vessel response plans for offshore supply vessels ``(a) The Secretary shall prescribe regulations for vessel pollution response plans for domestic operations of an offshore supply vessel if-- ``(1) the vessel is over 400 international gross tons; and ``(2) the keel of the vessel is laid after July 18, 1994 or the vessel undergoes a change substantially affecting its tonnage after that date. ``(b) In prescribing regulations under this section, the Secretary shall consider the unique characteristics, methods of operation, and nature of the service of the vessels.''. (b) The table of sections for chapter 31 of title 46, United States Code, is amended by adding at the end the following: ``3103. Vessel response plans for offshore supply vessels.''. SEC. 7. TONNAGE MEASUREMENT DEFINITIONS. Section 14101 of title 46, United States Code, is amended-- (1) by inserting ``(a)'' before ``In this part''; and (2) by adding at the end the following new subsection: ``(b) When used in a law, regulation, document, ruling, or other official act referring to the tonnage measurement of a vessel-- ``(1) `international gross tons' means gross tons as measured under chapter 143 of this title; and ``(2) `regulatory gross tons' means gross tons as measured under chapter 145 of this title.''.

Offshore Supply Vessel Construction and Development Act of 1994 - Amends Federal shipping law to revise the definition of offshore supply vessel to include vessels of more than 15 international gross tons and not more than a maximum number of international gross tons prescribed by the Secretary of Transportation. Makes provisions governing the carriage of dangerous cargoes inapplicable to offshore supply vessels and fishing or fish tender vessels of more than 750 regulatory gross tons. Authorizes the Secretary to prescribe regulations for the manning and licensing of able seamen on offshore supply vessels of at least 1600 international gross tons. Requires the Secretary to prescribe regulations for vessel pollution response plans for domestic operations of certain offshore supply vessels.

Offshore Supply Vessel Construction and Development Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ban Poisonous Additives Act of 2013''. SEC. 2. BAN ON USE OF BISPHENOL A IN FOOD AND BEVERAGE CONTAINERS. (a) Treatment of Bisphenol A as Adulterating the Food or Beverage.-- (1) In general.--For purposes of applying section 402(a)(6) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)(6)), a food container (which for purposes of this Act includes a beverage container) that is composed, in whole or in part, of bisphenol A, or that can release bisphenol A into food (as defined for purposes of the Federal Food, Drug, and Cosmetic Act), shall be treated as a container described in such section (relating to containers composed, in whole or in part, of a poisonous or deleterious substance which may render the contents injurious to health). (2) Applicability.-- (A) Reusable food containers.--Paragraph (1) shall apply to reusable food containers on the date that is 180 days after the date of enactment of this Act. (B) Other food containers.--Paragraph (1) shall apply to any food container that is packed with food and is introduced or delivered for introduction into interstate commerce on or after the date that is 180 days after the date of enactment of this Act. (b) Waiver.-- (1) In general.--The Secretary, after public notice and opportunity for comment, may grant to any facility (as that term is defined in section 415 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350d)) that manufactures, processes, packs, holds, or sells the particular food product or products, a waiver of the treatment described in subsection (a). (2) Applicability.--A waiver granted to a facility under paragraph (1) may only be applicable to a certain type of food container or containers, as used for a particular food product or group of similar products containing similar foods. (3) Requirement for waiver.--The Secretary may only grant a waiver under paragraph (1) to a facility, if such facility-- (A) demonstrates that it is not technologically feasible to-- (i) replace bisphenol A in the certain type of container or containers for such particular food product or products; or (ii) use an alternative container that does not contain bisphenol A for such particular food product or products; and (B) submits to the Secretary a plan and timeline for removing bisphenol A from such type of container or containers for that food product or products. (4) Labeling.-- (A) In general.--Any product for which the Secretary grants such a waiver shall display a prominent warning on the label that the container contains bisphenol A, in a manner that the Secretary shall require. (B) Additional requirement.--The prominent warning required under subparagraph (A) shall include information to ensure adequate public awareness of potential health effects associated with bisphenol A. (5) Duration.-- (A) Initial waiver.--Any waiver granted under paragraph (1) to a facility for a food container or containers shall be valid for not longer than 1 year after the date on which subsection (a) is applicable to such food container or containers. (B) Renewal of waiver.--The Secretary may renew any waiver granted under paragraph (1) for periods of not more than 1 year, provided that the Secretary reaffirms that it is not technologically feasible to replace bisphenol A in such type of container or containers for such particular food product or products or use an alternative container that does not contain bisphenol A for such particular food product or products. (c) Reexamination of Approved Food Additives, Effective Food Contact Substance Notifications, and Substances That Are Generally Recognized as Safe.-- (1) Plan and schedule.--Not later than 1 year after enactment of this Act, after opportunity for comment, the Secretary, acting through the Commissioner of Food and Drugs shall publish a plan and schedule for the selection of substances under paragraph (2) and the review of substances under paragraph (5). (2) Selection of substances.--Not later than 1 year after enactment of this Act and not less than once every 3 years thereafter, the Secretary, acting through the Commissioner of Food and Drugs, shall, based on the factors under paragraph (4), select substances to review under paragraph (5). Such selection shall be made from among-- (A) substances authorized as a food additive under any regulations issued under section 409 of the Federal Food, Drug, and Cosmetic Act; (B) substances that are the subject of any sanction or approval as described in section 201(s)(4) of the Federal Food, Drug, and Cosmetic Act; (C) substances that are the subject of an effective food contact substance notification, as described in section 409(h) of the Federal Food, Drug, and Cosmetic Act; (D) substances that are generally recognized as safe, as listed in part 182 of title 21, Code of Federal Regulations (or any successor regulations); (E) direct food substances affirmed as generally recognized as safe, as listed in part 184 of title 21, Code of Federal Regulations (or any successor regulations); and (F) indirect food substances affirmed as generally recognized as safe, as listed in part 186 of title 21, Code of Federal Regulations (or any successor regulations). (3) Notice and comment.--The selection of substances under paragraph (2) shall be subject to notice and comment. (4) Priorities.--In selecting substances under paragraph (2), the Secretary shall take into consideration the following factors: (A) Whether, based on new scientific information, the Secretary determines that there is a possibility that there is no longer a reasonable certainty that no harm will result from aggregate exposure to such substance through food containers composed, in whole or in part, of such substance, taking into consideration-- (i) potential adverse effects from low dose exposure; and (ii) the effects of exposure on vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure to such substance. (B) Whether, since the introduction of such substance into interstate commerce, there has been a significant increase in the amount of such substance found in-- (i) sources of drinking water; or (ii) products that are likely to be used by vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure to such substance. (5) Review of substances and secretarial determination.-- (A) In general.--No later than 1 year after the date on which a substance is selected under paragraph (2), the Secretary shall determine whether there is a reasonable certainty that no harm will result from aggregate exposure to such substance, taking into consideration-- (i) potential adverse effects from low dose exposure; and (ii) the effects of exposure on vulnerable populations, including pregnant women, infants, children, the elderly, and populations with high exposure to such substance. (B) Notice and comment.--The determination made under subparagraph (A) shall be subject to notice and comment. (6) Remedial action.-- (A) In general.--Upon a determination under paragraph (5) that there is not a reasonable certainty that no harm will result from aggregate exposure to a substance through food containers composed, in whole or in part, of such substance-- (i) if the substance is not defined as a food contact substance under the Federal Food, Drug, and Cosmetic Act, the substance shall be subject to sections 409(a)(3) and 409(h) of the Federal Food, Drug, and Cosmetic Act, subject to the process under subparagraph (B); and (ii) if the substance is defined as a food contact substance under the Federal Food, Drug, and Cosmetic Act, the substance shall be subject to subparagraph (C). (B) Treatment of substances that are not defined as food contact substances.--The process under this subparagraph is as follows: (i) One year after the determination under paragraph (5) for a substance subject to the process under this subparagraph-- (I) any regulation issued under section 409 of the Federal Food, Drug, and Cosmetic Act that authorizes any use of the substance as a food additive (including sections 177.1580, 177.1440, 177.2280, and 175.300(b)(3)(viii) of title 21, Code of Federal Regulations, as in effect on the date of enactment of this Act); and (II) any sanction or approval as described in section 201(s)(4) of such Act regarding such substance, shall be deemed revoked. (ii) Upon receipt of a food contact notification for a food contact substance containing a substance subject to the process under this subparagraph, the Secretary shall review the notification under the authority described in sections 409(a)(3) and 409(h) of the Federal Food, Drug, and Cosmetic Act. (C) Treatment of substances defined as food contact substances.-- (i) One year after the determination under paragraph (5) for a substance that is subject to this subparagraph, all effective notifications for the use of such substance under the authority described in sections 409(a)(3) and 409(h) of the Federal Food, Drug, and Cosmetic Act shall be reviewed by the Secretary. (ii) Upon receipt of a food contact notification for a food contact substance containing a substance that is subject to this subparagraph, the Secretary shall review the notification under the authority described in sections 409(a)(3) and 409(h) of the Federal Food, Drug, and Cosmetic Act. (d) Savings Provision.--Nothing in this Act shall affect the right of a State, political subdivision of a State, or Indian tribe to adopt or enforce any regulation, requirement, liability, or standard of performance that is more stringent than a regulation, requirement, liability, or standard of performance under this Act or that-- (1) applies to a product category not described in this Act; or (2) requires the provision of a warning of risk, illness, or injury associated with the use of food containers composed, in whole or in part, of bisphenol A. (e) Definitions.--For purposes of this section: (1) Reusable food container.--The term ``reusable food container'' means a reusable food container that does not contain a food item when it is introduced or delivered for introduction into interstate commerce. (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. AMENDMENTS TO SECTION 409 OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. Subsection (h) of section 409 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(h)(1)) is amended-- (1) in paragraph (1)-- (A) by striking ``manufacturer or supplier for a food contact substance may'' and inserting ``manufacturer or supplier for a food contact substance shall''; (B) by inserting ``(A)'' after ``notify the Secretary of''; (C) by striking ``, and of'' and inserting ``; (B)''; and (D) by striking the period after ``subsection (c)(3)(A)'' and inserting ``; (C) the determination of the manufacturer or supplier that no adverse health effects result from low-dose exposures to the food contact substance; and (D) the determination of the manufacturer or supplier that the substance has not been shown, after tests which are appropriate for the evaluation of the safety of food contact substances, to cause reproductive or developmental toxicity in humans or animals.''; and (2) by striking paragraph (6) and inserting the following: ``(6) In this section-- ``(A) the term `food contact substance' means any substance intended for use as a component of materials used in manufacturing, packing, packaging, transporting, or holding food if such use is not intended to have any technical effect in such food; and ``(B) the term `reproductive or developmental toxicity' means biologically adverse effects on the reproductive systems of female or male humans or animals, including alterations to the female or male reproductive system development, the related endocrine system, fertility, pregnancy, pregnancy outcomes, or modifications in other functions that are dependent on the integrity of the reproductive system.''. SEC. 4. REPORT TO CONGRESS. No later than two years after enactment of this Act and at least once during every two year period thereafter, the Secretary shall submit a report to the Committee on Energy and Commerce of the House of Representatives. Such report shall include-- (1) a list of waivers granted under section 2(b)(1), including a description of the basis each such waiver; (2) a list of substances selected for review under section 2(c)(2) and the anticipated timeline for future selections of additional substances; (3) for each substance reviewed under section 2(c)(5), the outcome of such review, and the anticipated timeline for review of additional substances; (4) a description of all remedial action taken under section 2(c)(6); and (5) for bisphenol A and any other substance determined not to have a reasonable certainty of no harm under section 2(c)(5), a review of the potential alternatives to that substance that are available or being developed for use in food and beverage containers.

Ban Poisonous Additives Act of 2013 - Prohibits the distribution of a food if its container is composed, in whole or in part, of bisphenol A (BPA) or can release BPA into food.  Authorizes the Secretary of Health and Human Services (HHS) to grant one-year renewable waivers to a facility for a particular container if such facility: (1) demonstrates that it is not technologically feasible to replace BPA in the container or to use an alternative container that does not contain BPA, and (2) submits to the Secretary a plan and timeline for removing BPA from such container. Sets forth labeling requirements for a product granted a waiver. Requires the Commissioner of Food and Drugs (FDA) to review substances in order determine whether there is a reasonable certainty that no harm will result from aggregate exposure to such substance, taking into consideration potential adverse effects from low dose exposure and the effects on vulnerable populations and populations with high exposure. Sets forth remedial actions based on the Secretary's determination. Amends the Federal Food, Drug, and Cosmetic Act to require a manufacturer or supplier of a food contact substance to notify the Secretary of the identity and intended use of any such substance prior to its introduction into interstate commerce and of its determination that: (1) no adverse health effects result from low-dose exposures to such substance; and (2) such substance has not been shown, after tests which are appropriate for the evaluation of the safety of food contact substances, to cause reproductive or developmental toxicity in humans or animals.

Ban Poisonous Additives Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dine College Act of 2015''. SEC. 2. FINDINGS. Congress finds as follows: (1) The Treaty of 1868 between the United States of America and the Navajo Tribe of Indians provides for the education of the citizens of the Navajo Nation. (2) The Navajo Nation created and chartered the Navajo Community College by Resolution CN-95-68 as a wholly owned educational entity of the Navajo Nation. (3) In 1971, Congress enacted the Navajo Community College Act (Public Law 92-189; 25 U.S.C. 640a et seq.). (4) The Navajo Nation officially changed the name of the Navajo Community College to Dine College by Resolution CAP-35- 97. (5) The purpose of Dine College is to provide educational opportunities to the Navajo people and others in areas important to the economic and social development of the Navajo Nation. (6) The educational philosophy of Dine College is to apply principles of Sa'ah Naaghai Bik'eh Hozhoon (Dine Philosophy) to advance quality student learning through training of the mind and heart. (7) The United States has a trust and treaty responsibility to the Navajo Nation to provide for the educational opportunities for Navajo people. (8) Significant portions of the Dine College's infrastructure are dilapidated and pose a serious health and safety risk to students, employees, and the public. (9) This Act is consistent with Executive Order 13592 (76 Fed. Reg. 76603, relating to improving American Indian and Alaska Native educational opportunities and strengthening tribal colleges and universities) and fulfills the United States Government's trust responsibility to serve the educational needs of the Navajo people. SEC. 3. PURPOSE. The purpose of this Act is to ensure that the Navajo Nation and Navajo people-- (1) exercise their right to self-determination, particularly in matters relating to their internal and local affairs; (2) maintain and strengthen their distinct institutions of higher education through the teaching of the Navajo language, culture, traditions, and history; and (3) improve their economic and social conditions through higher education and postsecondary vocational training. SEC. 4. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Indian Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Natural Resources, the Committee on Education and the Workforce, and the Committee on Appropriations of the House of Representatives. (2) College.--The term ``College'' means Dine College. (3) Operation and maintenance.--The term ``operation and maintenance'' means all cost and expenses associated with the customary daily operation of the Dine College and necessary maintenance costs. (4) Infrastructure.--The term ``infrastructure'' means Dine College buildings, water and sewer facilities, roads, foundation, information technology, and telecommunications, including classrooms and external matters such as walkways. (5) Renovations and repairs.--The term ``renovations and repairs'' means modernization and improvements to the infrastructure. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. AUTHORIZATION OF DINE COLLEGE. Congress authorizes the Dine College to receive all Federal funding and resources under this Act and other laws for its operation, improvement, and growth, including-- (1) to provide programs of higher education for citizens of the Navajo Nation and others; (2) to provide vocational and technical education for citizens of the Navajo Nation and others; (3) to preserve and protect the Navajo language, philosophy, and culture for citizens of the Navajo Nation and others; (4) to provide Navajo communities and people with employment and training opportunities; (5) to provide economic development and community outreach for Navajo communities and people; and (6) to provide a safe learning, working, and living environment for students, employees, and the public. SEC. 6. FACILITIES AND CAPITAL PROJECTS. From amounts made available under section 8(c), the Dine College may undertake any renovations and repairs to the infrastructure of the College identified in the survey, study, and report carried out under section 9. SEC. 7. STATUS OF FUNDS. Funds provided under this Act to the Dine College may be treated as non-Federal, private funds of the College for purposes of any provision of Federal law which requires that non-Federal or private funds of the College be used in a project for a specific purpose. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are hereby authorized to be appropriated to the Dine College, for each fiscal year, such sums as may be necessary to pay for the operation and maintenance of the College. (b) Budget Placement.--The Secretary shall fund the operation and maintenance of the Dine College separately from tribal colleges and universities recognized and funded by the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 et seq.). (c) Facilities and Capital Projects.--In addition to amounts appropriated under subsection (a), there are authorized to be appropriated $7,500,000, for each fiscal year, to carry out section 6. SEC. 9. SURVEY, STUDY, AND REPORT. (a) In General.--The Secretary shall conduct a detailed survey and study of all capital projects and facility needs of the Dine College, and shall report the results of such survey and study to the appropriate committees of Congress not later than October 31, 2016. Such report shall include recommendations by the Secretary and any recommendations or views submitted by the College and the Navajo Nation regarding the capital projects and facility needs of the College. (b) Inventory.--Not later than January 31, 2016, an inventory prepared by Dine College identifying repairs, alterations, and renovations to facilities required to meet health and safety standards and other factors shall be submitted to the Secretary. The Secretary shall use the inventory as baseline data to inform the survey, study, and report required under subsection (a). (c) Administrative Expenses.--Funds to carry out this section may be drawn from general administrative appropriations to the Secretary. SEC. 10. SUPERSESSION OF NAVAJO COMMUNITY COLLEGE ACT. This Act supersedes-- (1) the Navajo Community College Act (Public Law 92-189; 25 U.S.C., 640a et seq.); (2) the Navajo Community College Assistance Act of 1978 (Public Law 95-471, 92 Stat. 1325, 1329); and (3) the Navajo Nation Higher Education Act of 2010 (Public Law 110-315, 122 Stat. 3468). SEC. 11. CONTINUING ELIGIBILITY FOR OTHER FEDERAL FUNDS. Except as explicitly provided for in other Federal law, nothing in this Act shall preclude the eligibility of the Dine College to received Federal funding and resources under any program authorized under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Equity in Educational Land Grant Status Act (Title V, Part C, of Public Law 103- 382; 7 U.S.C. 301 note), or any other applicable program for the benefit of institutions of higher education, community colleges, or postsecondary educational institutions.

Dine College Act of 2015 Authorizes Dine College to receive federal funding and resources for its operation, improvement, and growth, including to: provide higher education programs and vocational and technical education for citizens of the Navajo Nation and others; preserve and protect the Navajo language, philosophy, and culture for citizens of the Navajo Nation and others; provide Navajo communities and people with employment and training opportunities; provide economic development and community outreach for Navajo communities and people; and provide a safe learning, working, and living environment for students, employees, and the public. Authorizes appropriations to Dine College to pay for its operation and maintenance. Allows such funds to be treated as non-federal, private funds for purposes of any provision of federal law that requires that non-federal or private funds of the College be used in a project for a specific purpose. Directs the Department of the Interior to fund the operation and maintenance of the College separately from tribal colleges and universities recognized and funded by the Tribally Controlled College or University Assistance Act of 1978. Directs: (1) an inventory prepared by the College identifying repairs, alterations, and renovations to facilities required to meet health and safety standards and other factors to be submitted to Interior by January 31, 2016; (2) Interior to conduct a detailed survey of all capital projects and facility needs of the College and to report to specified congressional committees by October 31, 2016; and (3) Interior to use the College's inventory as baseline data to inform the survey. Authorizes the College to use funds provided under this Act to undertake any renovations and repairs to the infrastructure of the College identified in the survey.

Dine College Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Corruption Prosecution Improvements Act''. SEC. 2. EXTENSION OF STATUTE OF LIMITATIONS FOR SERIOUS PUBLIC CORRUPTION OFFENSES. (a) In General.--Chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3300. Corruption offenses ``No person shall be prosecuted, tried, or punished for a violation of, or a conspiracy or an attempt to violate-- ``(1) section 201 or 666; ``(2) section 1341 or 1343, when charged in conjunction with section 1346 and where the offense involves a scheme or artifice to deprive another of the intangible right of honest services of a public official; ``(3) section 1951, if the offense involves extortion under color of official right; ``(4) section 1952, to the extent that the unlawful activity involves bribery; or ``(5) section 1962 to the extent that the racketeering activity involves-- ``(A) bribery chargeable under State law; or ``(B) a violation of-- ``(i) section 201 or 666; ``(ii) section 1341 or 1343, when charged in conjunction with section 1346 and where the offense involves a scheme or artifice to deprive another of the intangible right of honest services of a public official; or ``(iii) section 1951, if the offense involves extortion under color of official right; unless an indictment is returned or the information is filed within 6 years after the commission of the offense.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following: ``3300. Corruption offenses.''. (c) Application of Amendment.--The amendments made by this section shall not apply to any offense committed before the date of enactment of this Act. SEC. 3. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE. Section 666(a) of title 18, United States Code, is amended-- (1) in paragraph (1)(B), by striking ``of $5,000'' and inserting ``of $1,000''; and (2) in paragraph (2), by striking ``$5,000'' and inserting ``$1,000''. SEC. 4. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF PUBLIC MONEY OFFENSE. Section 641 of title 18, United States Code, is amended by inserting ``the District of Columbia or'' before ``the United States'' each place that term appears. SEC. 5. ADDITIONAL RICO AND MONEYLAUDERING PREDICATES. (a) Rico.--Section 1961(1) of title 18, United States Code, is amended-- (1) by inserting ``section 641 (relating to embezzlement or theft of public money, property, or records),'' after ``473 (relating to counterfeiting),''; and (2) by inserting ``section 666 (relating to theft or bribery concerning programs receiving Federal funds),'' after ``section 664 (relating to embezzlement from pension and welfare funds),''. (b) Moneylaundering.--Section 1956(c)(7)(D) of title 18, United States Code, is amended-- (1) by striking ``section 641 (relating to public money, property, or records),''; and (2) by striking ``section 666 (relating to theft or bribery concerning programs receiving Federal funds),''. SEC. 6. ADDITIONAL WIRETAP PREDICATES. Section 2516(1)(c) of title 18, United States Code, is amended by inserting ``section 641 (relating to embezzlement or theft of public money, property, or records), section 666 (relating to theft or bribery concerning programs receiving Federal funds),'' after ``section 224 (bribery in sporting contests),''. SEC. 7. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES. (a) Definition.--Section 201(a) of title 18, United states Code, is amended-- (1) in paragraph (2), by striking ``and'' after the semicolon; (2) in paragraph (3), by striking the period and inserting ``; and''; and (3) by inserting at the end the following: ``(4) the term `rule or regulation' means a Federal regulation or a rule of the House of Representatives or the Senate, including those rules and regulations governing the acceptance of campaign contributions.''. (b) Clarification.--Section 201(c)(1) of title 18, United States Code, is amended-- (1) by striking the matter before subparagraph (A) and inserting ``otherwise than as provided by law for the proper discharge of official duty, or by rule or regulation--''; (2) in subparagraph (A), by inserting after ``, or person selected to be a public official,'' the following: ``for or because of the official's or person's official position,''; and (3) in subparagraph (B)-- (A) by striking ``otherwise than as provided by law for the proper discharge of official duty,''; and (B) by striking all after ``anything of value personally'' and inserting ``for or because of the official's or person's official position, or for or because of any official act performed or to be performed by such official or person;''. SEC. 8. CLARIFICATION OF DEFINITION OF OFFICIAL ACT. Section 201(a)(3) of title 18, United States Code, is amended to read as follows: ``(3) the term `official act'-- ``(A) means any action within the range of official duty, and any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such public official's official capacity or in such official's place of trust or profit; and ``(B) may be a single act, more than one act, or a course of conduct; and''. SEC. 9. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO INVESTIGATE AND PROSECUTE PUBLIC CORRUPTION OFFENSES. There are authorized to be appropriated to the Department of Justice, including the United States Attorneys' Offices, the Federal Bureau of Investigation, and the Public Integrity Section of the Criminal Division, $25,000,000 for each of the fiscal years 2010, 2011, 2012, and 2013, to increase the number of personnel to investigate and prosecute public corruption offenses including sections 201, 203 through 209, 641, 654, 666, 1001, 1341, 1343, 1346, and 1951 of title 18, United States Code.

Public Corruption Prosecution Improvements Act - Amends the federal criminal code to: (1) establish a six-year limitation period for the prosecution of certain public corruption crimes, including bribery, theft of government property, mail fraud, and racketeering; (2) expand the penalties for theft or bribery involving programs receiving federal funds; (3) expand the prohibition against theft of public money or property to include thefts in the District of Columbia; (4) include certain government theft and bribery offenses as predicates for racketeering and money laundering prosecutions and wiretaps; and (5) expand the definition of "official act" for purposes of the crime of bribery of public officials and witnesses. Authorizes appropriations for additional Department of Justice (DOJ) personnel to investigate and prosecute public corruption offenses.

To help Federal prosecutors and investigators combat public corruption by strengthening and clarifying the law.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Energy Generation Act''. SEC. 2. FINDINGS. The Congress finds that it is in the public interest to: (1) Enable small businesses, residences, schools, churches, farms with small electric generation units, and other retail electric customers who generate electric energy to return or sell surplus electric energy on the open market. (2) Promote diversification of energy resources used in the United States to reduce over reliance on any one resource, and to mitigate our nation's dependence on imported fuels. (3) Encourage private investment and stimulate economic growth in renewable and alternate energy resources. (4) Remove regulatory barriers for net metering. (5) Provide uniform, national technical standards for the interconnection of distributed electricity generating facilities. SEC. 3. NET METERING. Part II of the Federal Power Act is amended by adding the following new section at the end thereof: ``SEC. 215. NET METERING. ``(a) Definitions.--As used in this section: ``(1) The term `customer-generator' means the owner or operator of an electric generation unit qualified for net metering under this section. ``(2) The term `net metering' means measuring the difference between the electricity supplied to a customer- generator and the electricity generated by a customer-generator that is delivered to a local distribution section system at the same point of interconnection during an applicable billing period. ``(3) The terms `electric generation unit qualified for net metering' and `qualified generation unit' mean an electric energy generation unit that meets the requirements of paragraph (5) and each of the following requirements: ``(A) The unit is a fuel cell or produces electricity using solar, wind, biomass, or geothermal as its energy source. ``(B) The unit on the site of a residential electric consumer has a generating capacity of not more than 100 kilowatts. ``(C) The unit on the site of a commercial electric consumer has a generating capacity of not more than 250 kilowatts. ``(D) The unit is located on premises that are owned, operated, leased, or otherwise controlled by the customer-generator. ``(E) The unit operates in parallel with the retail electric supplier. ``(4) The term `retail electric supplier' means any person that sells electric energy to the ultimate consumer thereof. ``(5) The term `local distribution system' means any system for the distribution section of electric energy to the ultimate consumer thereof, whether or not the owner or operator of such system is also a retail electric supplier. ``(6) The term `Commission' means the Federal Energy Regulatory Commission. ``(b) Adoption.--Not later than one year after the enactment of this section, each retail electric supplier shall comply with each of the following requirements and notify all of its retail customers of such requirements not less frequently than quarterly: ``(1) The supplier shall offer to arrange (either directly or through a local distribution company or other third party) to make available, on a first-come-first-served basis, to each of its retail customers that has installed an energy generation unit that is intended for net metering, and that notifies the supplier of its generating capacity, an electric energy meter that is capable of net metering if the customer-generator's existing electrical meter cannot perform that function. ``(2) Rates and charges and contract terms and conditions for the sale of electric energy to customer-generators shall be the same as the rates and charges and contract terms and conditions that would be applicable if the customer-generator did not own or operate a qualified generation unit and use a net metering system. Any retail electric supplier or local distribution company may, at its own expense, install one or more additional electric energy meters to monitor the flow of electricity in either direction or to reflect the time of generation or both. ``(c) Net Energy Measurement and Billing.--Each retail electric supplier subject to subsection (b) shall calculate the net energy measurement for a customer using a net metering system in the following manner: ``(1) The retail electric supplier shall measure the net electricity produced or consumed during the billing period using the metering referred to in paragraph (1) or (2) of subsection (b). ``(2) If the quantity of electricity supplied by a retail electric suppler during a billing period exceeds the quantity of electricity generated by an on-site generating facility and fed back to the electric distribution system during the billing period, the supplier may bill the owner or operator for the net quantity of electricity supplied by the retail electric supplier, in accordance with normal metering practices. ``(3) If the quantity of electricity generated by an on- site generating facility during a billing period exceeds the quantity of electricity supplied by the retail electric supplier during the billing period-- ``(A) the retail electric supplier may only bill the owner or operator of the on-site generating facility for charges that would be applicable if the customer-generator did not own or operate a qualified generation unit and use a net metering system. ``(B) the owner or operator of the on-site generating facility shall be credited for the excess kilowatt-hours generated during the billing period, with the kilowatt-hour credit appearing on the bill during the following billing period. If the customer-generator is using a meter that reflects the time of generation (a `real time meter' or `smart meter'), the credit shall be based on the retail rates for sale by the retail electric supplier at the time of such generation. After a customer-generator has participated in a net-metering arrangement with a retail electric supplier for at least one- consecutive year, the customer-generator may request that any remaining unused kilowatt-hour credits accumulated by a customer-generator during the previous year be sold by the customer-generator to any electric supplier that agrees to purchase such credit. In the absence of any such purchase, the customer-generator may request that the retail electric supplier that supplied electric energy to such customer- generator during the previous year purchase the credit at the avoided cost of electricity. If no action is requested by the customer- generator, any credit earned by the customer-generator will continue to accumulate. ``(d) Percent Limitations.-- ``(1) Five percent limitation.--A local distribution company retail electric supplier shall not be required to provide local distribution service with respect to additional customer-generators after the date during any calendar year on which the total generating capacity of all customer-generators with qualified generation facilities and net metering systems served by that local distribution company is equal to or in excess of 5 percent of the capacity necessary to meet the company's average forecasted aggregate customer peak demand for that calendar year. ``(2) Two and a half percent limitation.--A local distribution company retail electric supplier shall not be required to provide local distribution service with respect to additional customer-generators using a single type of qualified energy generation system after the date during any calendar year on which the total generating capacity of all customer- generators with qualified generation facilities of that type and net metering systems served by that local distribution company is equal to or in excess of 2.5 percent of the capacity necessary to meet the company's average forecasted aggregate customer peak demand for that calendar year. ``(3) Records and notice.--Each retail electric supplier shall maintain, and make available to the public, records of the total generating capacity of customer-generators of such system that are using net metering, the type of generating systems and energy source used by the electric generating systems used by such customer-generators. Each such retail electric supplier shall notify the Commission when the total generating capacity of such customer-generators is equal to or in excess of 2 percent of the capacity necessary to meet the supplier's aggregate customer peak demand during the previous calendar year and when the total generating capacity of such customer-generators using a single type of qualified generation is equal to or in excess of 1 percent of such capacity. ``(e) Safety and Performance Standards.-- ``(1) A qualified generation unit and net metering system used by a customer-generator shall meet all applicable safety and performance and reliability standards established by the national electrical code, the Institute of Electrical and Electronics Engineers, Underwriters Laboratories, or the American National Standards Institute. ``(2) The Commission, after consultation with State regulatory authorities and nonregulated local distribution systems and after notice and opportunity for comment, may adopt by regulation additional control and testing requirements for customer-generators that the Commission determines are necessary to protect public safety and system reliability. ``(3) The Commission shall, after consultation with State regulatory authorities and nonregulated local distribution systems and after notice and opportunity for comment, prohibit by regulation the imposition of additional charges by electric suppliers and local distribution systems for equipment or services for safety or performance that are additional to those necessary to meet the standards referred to in subparagraphs (A) and (B). ``(f) State Authority.--Nothing in this section shall preclude a State from establishing or imposing additional incentives or requirements to encourage qualified generation and net metering additional to that required under this section. ``(g) Interconnection Standards.-- ``(1) Within 6 months after the enactment of this section the Commission shall publish model standards for the physical connection between local distribution systems and qualified generation units and electric generation units that would be qualified generation units but for the fact that the unit has a generating capacity of more than 100 kilowatts (but not more than 250 kilowatts). Such model standards shall be designed to encourage the use of qualified generation units and to insure the safety and reliability of such units and the local distribution systems interconnected with such units. Within 1 year after the enactment of this section, each State shall adopt such model standards, with or without modification, and submit such standards to the Commission for approval. The Commission shall approve a modification of the model standards only if the Commission determines that such modification is consistent with the purpose of such standards and is required by reason of local conditions. If standards have not been approved under this paragraph by the Commission for any State within 1 year after the enactment of this section, the Commission shall, by rule or order, enforce the Commission's model standards in such State until such time as State standards are approved by the Commission. ``(2) The standards under this section shall establish such measures for the safety and reliability of the affected equipment and local distribution systems as may be appropriate. Such standards shall be consistent with all applicable safety and performance standards established by the national electrical code, the Institute of Electrical and Electronics Engineers, Underwriters Laboratories, or the American National Standards Institute and with such additional safety and reliability standards as the Commission shall, by rule, prescribe. Such standards shall ensure that generation units will automatically isolate themselves from the electrical system in the event of an electrical power outage. Such standards shall permit the owner or operator of the local distribution system to interrupt or reduce deliveries of available energy from the generation unit to the system when necessary in order to construct, install, maintain, repair, replace, remove, investigate, or inspect any of its equipment or part of its system; or if it determines that curtailment, interruption, or reduction is necessary because of emergencies, forced outages, force majeure, or compliance with prudent electrical practices. ``(3) The model standards under this subsection prohibit the imposition of additional charges by local distribution systems for equipment or services for interconnection that are additional to those necessary to meet such standards. ``(h) Interconnection.--At the election of the owner or operator of the generation unit concerned, connections meeting the standards applicable under subsection (g) may be made-- ``(1) by such owner or operator at such owner's or operator's expense, or ``(2) by the owner or operator of the local distribution system upon the request of the owner or operator of the generating unit and pursuant to an offer by the owner or operator of the generating unit to reimburse the local distribution system in an amount equal to the minimum cost of such connection, consistent with the procurement procedures of the State in which the unit is located, except that the work on all such connections shall be performed by qualified electrical personnel certified by a responsible body or licensed by a State or local government authority. ``(i) Consumer Friendly Contracts.--The Commission shall promulgate regulations insuring that simplified contracts will be used for the interconnection of electric energy by electric energy transmission or distribution systems and generating facilities that have a power production capacity not greater than 250 kilowatts.''.

Home Energy Generation Act - Mandates that retail electric suppliers offer to make an electric energy meter capable of net metering available to retail customers that have installed energy generation units intended for net metering if the customer-generator's existing electrical meter cannot perform that function.Prescribes guidelines for: (1) net energy measurement and billing; (2) safety and performance standards; (3) limitations upon the maximum local distribution services to additional customer-generators; and (4) interconnection standards.Directs the Federal Energy Regulatory Commission to promulgate regulations ensuring that simplified contracts will be used for the interconnection of electric energy by electric energy transmission or distribution systems and generating facilities that have a power production capacity not greater than 250 kilowatts.

A bill to amend the Federal Power Act to promote energy independence and diversity by providing for the use of net metering by certain small electric energy generation systems, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crop Insurance Modernization Act of 2018''. SEC. 2. AMENDMENTS TO FEDERAL CROP INSURANCE ACT. (a) Definition of Beginning Farmer or Rancher.--Section 502(b)(3) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)(3)) is amended-- (1) by striking ``tenant,''; and (2) by striking ``5 crop years'' and inserting ``10 crop years''. (b) Management of Corporation.--Section 505(a)(2) of the Federal Crop Insurance Act (7 U.S.C. 1505(a)(2)) is amended by adding at the end the following: ``(H) One person who-- ``(i) shall serve as a nonvoting ex officio member; and ``(ii) is-- ``(I) the Chief of the Natural Resources Conservation Service; or ``(II) an expert on the relationship between conservation activities, farm production, and risk.''. (c) Collection and Sharing of Information.--Section 506(h) of the Federal Crop Insurance Act (7 U.S.C. 1506(h)) is amended-- (1) in paragraph (1), by inserting ``, risks related to natural resources,'' after ``losses''; and (2) in paragraph (2)-- (A) by striking ``purpose of establishing'' and inserting the following: ``purposes of-- ``(A) establishing''; (B) by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(B) understanding the impact of soil type, soil quality, and conservation practices on risk rating.''. (d) Cover Crop Termination.--Section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) is amended-- (1) in subsection (a)(3)-- (A) in subparagraph (A), by striking clause (iii) and inserting the following: ``(iii) the failure of the producer to follow good farming practices, including-- ``(I) scientifically sound, sustainable, and organic farming practices; and ``(II) acceptable conservation activities, including those approved by the Natural Resources Conservation Service.''; and (B) in subparagraph (B), by adding at the end the following: ``(iv) Safe harbor.-- ``(I) Definition of `cover crop termination'.--In this clause, the term `cover crop termination' means a practice that historically and under reasonable circumstances results in termination of the targeted cover crop. ``(II) Conservation activity.--A good farming practice includes a conservation activity, such as cover crop management, cover crop termination, and an agronomic management activity, that is recognized by-- ``(aa) the Natural Resources Conservation Service; or ``(bb) an agricultural expert operating in the area in which the conservation activity is occurring.''; and (2) in subsection (j), by adding at the end the following: ``(6) Ombudsperson.--The Secretary shall establish an ombudsperson in the Corporation who shall-- ``(A) assist producers with understanding-- ``(i) the process of appealing claim denials; and ``(ii) the rights of producers in denied or arbitrated claims; ``(B) obtain rule clarifications; and ``(C) perform other duties as determined by the Secretary.''. (e) Research and Development.--Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) is amended-- (1) in paragraph (19)-- (A) in subparagraph (A), by striking ``, with a liability limitation of $1,500,000,''; and (B) by adding at the end the following new subparagraph: ``(E) Paperwork reduction.--The Corporation shall conduct activities or enter into contracts to carry out research and development to develop a paperwork reduction policy that-- ``(i) is only available to operations with less than $1,000,000 in revenue; and ``(ii) streamlines the purchase and approval process to the maximum extent possible while maintaining actuarial soundness.''; and (2) by adding at the end the following: ``(25) Report on beginning farmer barriers.--Not later than 1 year after the date of enactment of this paragraph, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report that includes-- ``(A) an assessment of the barriers for beginning farmers in accessing crop insurance, including insurance under paragraph (19); and ``(B) recommendations to address those barriers. ``(26) Report on expansion of revenue policy availability.--Not later than 1 year after the date of the enactment of this paragraph, and annually thereafter, the Corporation, in consultation with the Risk Management Agency, shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report that includes-- ``(A) with respect to the year preceding such report, the 10 most widely grown crops by acreage that-- ``(i) have yield policies; and ``(ii) do not have revenue policies; and ``(B) the feasibility of developing a revenue policy for each one of the crops described in subparagraph (A).''. (f) Conservation Practice-Based Pilot Program.--Section 523 of the Federal Crop Insurance Act (7 U.S.C. 1523) is amended by adding at the end the following new subsection: ``(j) Conservation Practice-Based Pilot Program.-- ``(1) In general.--The Corporation shall carry out a pilot program to provide premium subsidies of up to 10 percentage points to eligible producers. ``(2) Limitation on number of states.--The Corporation shall carry out premium subsidies under this subsection in not more than 6 States with a high State-average loss ratio, as determined by the Secretary. ``(3) Expiration.--The pilot program shall expire on a date that is not before 5 years after the date of the enactment of this subsection. ``(4) Report.--The Corporation shall publish a report evaluating the participating producers yield records and the success of the pilot in encouraging conservation-- ``(A) 1 year after the date of the enactment of this subsection; ``(B) 3 years after the date of the enactment of this subsection; and ``(C) 5 years after the date of the enactment of this subsection. ``(5) Eligible producer defined.--In this subsection, the term `eligilbe producer' means a producer-- ``(A) of a farm in a high loss county; and ``(B) that commits to practice conservation tillage, cover crops, or resource-conserving crop rotations on such farm for at least 5 years.''. SEC. 3. AMENDMENTS TO FOOD SECURITY ACT OF 1985. (a) Conservation Plans.--Section 1213 of the Food Security Act of 1985 (16 U.S.C. 3812a) is amended-- (1) by adding at the end the following new subsection: ``(g) Spot Checks.--The Secretary shall, using funds of the Commodity Credit Corporation, conduct annual spot checks of at least 5 percent of applicable farms in each State to ensure compliance with this subtitle.''; and (2) in subsection (d)-- (A) by redesignating paragraph (4) as paragraph (6); and (B) by inserting after paragraph (3) the following new paragraphs: ``(4) Ephemeral gully modifications.-- ``(A) In general.--In the case of producer on a farm with an existing conservation plan on the date of the enactment of this paragraph, if a compliance review identifies an ephemeral gully that requires treatment and was not included in the plan for such farm, such plan shall be modified to include adequate ephemeral gully control and stabilization. ``(B) Revision.--In the case of a plan revised under subparagraph (A), the producer on the farm shall implement such plan not later than 1 year after the date of the revision of such plan. ``(C) Prohibition.--A producer may not allow an ephemeral gully to advance to the point of becoming a classic gully in an attempt to avoid treatment. ``(5) Yield transfer.--The Corporation shall not allow a producer's actual production records from one parcel of land to be used to establish actual production history on a separate parcel of land.''.

Crop Insurance Modernization Act of 2018 This bill modifies the federal crop insurance program to expand subsidies for beginning farmers, establish a conservation practice-based pilot program, and revise conservation requirements. The bill amends the Federal Crop Insurance Act to: allow farmers with up to 10 years (currently 5 years) of experience to receive the beginning farmer premium subsidy discount; require the Chief of the Natural Resources Conservation Service or an expert on the relationship between conservation activities, farm production, and risk to serve on the Federal Crop Insurance Board as a nonvoting ex officio member; require the Federal Crop Insurance Corporation to assemble data to understand the impact of soil type, soil quality, and conservation practices on risk rating; modify the requirements for terminating cover crops; establish an ombudsman to assist producers who are appealing claim denials; require a paperwork reduction policy for operations with less than $1 million in revenue; and establish a conservation practice-based pilot program to provide premium subsidies to farmers who are in high loss counties and commit to certain conservation activities. The bill amends the Food Security Act of 1985 to: modify requirements for spot checks for compliance with conservation requirements; modify the conservation requirements related to modifications of gullies; and prohibit a producer's actual production records from one parcel of land from being used to establish actual production history on a separate parcel of land.

Crop Insurance Modernization Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retiree Relief Act of 2008''. SEC. 2. SUSPENSION OF MINIMUM DISTRIBUTION REQUIREMENTS. (a) In General.--In the case of an eligible defined contribution plan of an individual, sections 401(a)(9), 404(a)(2), 403(b)(10), 408(a)(6), 408(b)(3), and 457(d)(2) of the Internal Revenue Code of 1986 shall not apply with respect to such individual for any year during the suspension period. (b) Suspension Period.--For purposes of this section, the term ``suspension period'' means the period beginning on January 1, 2008, and ending on December 31, 2009. (c) Eligible Defined Contribution Plan.--For purposes of this section, the term ``eligible defined contribution plan'' means-- (1) a defined contribution plan (within the meaning of section 414(i) of such Code) which is-- (A) an employee's trust described in section 401(a) of such Code which is exempt from tax under section 501(a) of such Code, (B) an annuity plan described in section 403(a) of such Code, (C) an annuity contract described in section 403(b) of such Code, and (D) an eligible deferred compensation plan described in section 457(b) of such Code which is maintained by an eligible employer described in section 457(e)(1)(A) of such Code, and (2) an individual retirement plan (as defined in section 7701(a)(37) of such Code). (d) Special Rules.-- (1) Required beginning date during suspension period.--The required beginning date with respect to any individual under section 401(a)(9) of such Code shall be determined without regard to this section for purposes of applying sections 401(a)(9), 404(a)(2), 403(b)(10), 408(a)(6), 408(b)(3), and 457(d) of such Code for calendar years after 2009. (2) Exception for 5-year rule.--In the case of a distribution required under section 401(a)(9)(B)(ii) of such Code, subsection (a) shall not apply. (3) Exemption of distributions during suspension period from trustee transfer and withholding rules.--For purposes of sections 401(a)(31), 402(f), and 3405 of such Code, any distribution during the suspension period which, but for subsection (a), would have been a required distribution under section 401(a)(9) of such Code shall not be treated as an eligible rollover distribution. (e) Provisions Relating to Plan Amendments.-- (1) In general.--If this subsection applies to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). (2) Amendments to which subsection applies.-- (A) In general.--This subsection shall apply to any amendment to any plan or annuity contract which is made-- (i) pursuant to this section or pursuant to any regulation issued by the Secretary of the Treasury to carry out this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2009. (B) Conditions.--This subsection shall not apply to any amendment unless during the period beginning on the date such amendment takes effect and ending on December 31, 2009 (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect. (f) Effective Date.-- (1) In general.--This section shall take effect on the date of the enactment of this Act. (2) Recontribution of distributions before date of enactment.-- (A) In general.--Any individual who receives a payment or distribution during the period beginning on January 1, 2008, and ending on the date of the enactment of this Act from a plan to which subsection (a) or (c) of this section applies may, before the end of the suspension period, make one or more contributions in an aggregate amount not to exceed the amount of such payments or distributions to an eligible defined contribution plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of such Code, as the case may be. (B) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) to an eligible defined contribution plan other than an individual retirement plan (as defined by section 7701(a)(37)), then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received such payments or distributions in an eligible rollover distribution (as defined in section 402(c)(4) of such Code) and as having transferred the amount to the eligible defined contribution plan in a direct trustee to trustee transfer within 60 days of the distribution. (C) Treatment of repayments for distributions from iras.--For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) to an individual retirement plan (as defined by section 7701(a)(37) of such Code), then, to the extent of the amount of the contribution, such payments or distributions shall be treated as a distribution described in section 408(d)(3) of such Code and as having been transferred to the individual retirement plan in a direct trustee to trustee transfer within 60 days of the distribution.

Retiree Relief Act of 2008 - Amends the Internal Revenue Code to suspend in 2008 and 2009 requirements for minimum distributions from tax-deferred retirement plans. Permits taxpayers who have already received a distribution between January 1, 2008, and the enactment of this Act to recontribute such distribution to their retirement plans by December 31, 2009.

To suspend for 2008 and 2009 the required minimum distribution rules for certain defined contribution plans.

SECTION 1. ELIMINATION OF ANNUAL CAP ON AMOUNT OF MEDICARE PAYMENT FOR OUTPATIENT PHYSICAL THERAPY AND OCCUPATIONAL THERAPY SERVICES. (a) In General.--Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by striking subsection (g). (b) Effective Date.--The amendment made by subsection (a) shall apply to services furnished on or after January 1, 1994. SEC. 2. EXTRA-BILLING LIMITS. (a) Enforcement and Uniform Application.-- (1) Enforcement.--Paragraph (1) of section 1848(g) of the Social Security Act (42 U.S.C. 1395w-4(g)) is amended to read as follows: ``(1) Limitation on actual charges.-- ``(A) In general.--In the case of a nonparticipating physician or nonparticipating supplier or other person (as defined in section 1842(i)(2)) who does not accept payment on an assignment-related basis with respect to a physician's service furnished to an individual enrolled under this part, the following rules apply: ``(i) Application of limiting charge.--No such physician, supplier, or person may bill or collect an actual charge for the service in excess of the limiting charge described in paragraph (2) for such service. ``(ii) No liability for excess charges.--No person is liable for payment of any amounts billed for the service in excess of such limiting charge. ``(iii) Correction of excess charges.--If such a physician, supplier, or other person bills, but does not collect, an actual charge for a service in violation of clause (i), the physician, supplier, or other person shall reduce on a timely basis the actual charge billed for the service to an amount not to exceed the limiting charge for the service. ``(iv) Refund of excess collections.--If such a physician, supplier, or other person collects an actual charge for a service in violation of clause (i), the physician, supplier, or other person shall provide on a timely basis a refund to the individual charged in the amount by which the amount collected exceeded the limiting charge for the service. The amount of such a refund shall be reduced to the extent the individual has an outstanding balance owed by the individual to the physician, supplier, or other person. ``(B) Sanctions.--If a physician, supplier, or other person-- ``(i) knowingly and willfully bills or collects for services in violation of subparagraph (A)(i) on a repeated basis, or ``(ii) fails to comply with clause (iii) or (iv) of subparagraph (A) on a timely basis, the Secretary may apply sanctions against the physician, supplier, or other person in accordance with paragraph (2) of section 1842(j). The provisions of section 1842(j)(4) shall apply for purposes of this paragraph except that any reference in such section to a physician is deemed also to include a reference to a supplier or other person under this subparagraph. ``(C) Timely basis.--For purposes of this paragraph, the term `on a timely basis', means not later than 30 days after the date the physician, supplier, or other person is notified by the carrier under this part of a violation of the requirements of subparagraph (A).''. (2) Uniform application of extra-billing limits to physicians' services.-- (A) In general.--Section 1848(g)(2)(C) of the Social Security Act (42 U.S.C. 1395w-4(g)(2)(C)) is amended by inserting ``or for nonparticipating suppliers or other persons'' after ``nonparticipating physicians''. (B) Conforming definition.--Section 1842(i)(2) of the Social Security Act (42 U.S.C. 1395u(i)(2)) is amended-- (i) by striking ``, and the term'' and inserting ``; the term'', and (ii) by inserting before the period at the end the following: ``; and the term `nonparticipating supplier or other person' means a supplier or other person (excluding a provider of services) that is not a participating physician or supplier (as defined in subsection (h)(1))''. (3) Additional conforming amendments.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended-- (A) in subsection (a)(3)-- (i) by inserting ``and suppliers'' after ``physicians'', (ii) by inserting ``or a nonparticipating supplier or other person (as defined in section 1842(i)(2))'' after ``nonparticipating physician'', and (iii) by adding at the end the following: ``In the case of physicians' services (including services which the Secretary excludes pursuant to subsection (j)(3)) of a nonparticipating physician, supplier, or other person for which payment is made under this part on a basis other than the fee schedule amount, the payment shall be based on 95 percent of the payment basis for services of such type which are furnished by a participating physician, supplier, or other person.''; (B) in subsection (g)(1)(A), as amended by subsection (a), in the matter before clause (i), by inserting ``(including services which the Secretary excludes pursuant to subsection (j)(3))'' after ``a physician's service''; (C) in subsection (g)(2)(D), by inserting ``(or, if payment under this part is made on a basis other than the fee schedule under this section, 95 percent of the other payment basis)'' after ``subsection (a)''; (D) in subsection (g)(3)(B)-- (i) by inserting after the first sentence the following: ``No person is liable for payment of any amounts billed for such a service in violation of the previous sentence.'', and (ii) in the last sentence, by striking ``previous sentence'' and inserting ``first sentence''; and (E) in subsection (h)-- (i) by inserting ``or nonparticipating supplier or other person'' after ``physician'' the first place it appears, (ii) by inserting ``, supplier, or other person'' after ``physician'' the second place it appears, and (iii) by inserting ``, suppliers, and other persons'' after ``physicians'' the second place it appears. (b) Information on Extra-Billing Limits.-- (1) Part of explanation of medicare benefits.--Section 1842(h)(7) of the Social Security Act (42 U.S.C. 1395u(h)(7)) is amended-- (A) by striking ``and'' at the end of subparagraph (B); (B) in subparagraph (C), by striking ``shall include'' and by striking the period at the end and inserting ``, and''; and (C) by adding at the end the following new subparagraph: ``(D) in the case of services for which the billed amount exceeds the limiting charge imposed under section 1848(g), information regarding such limiting charge (including information concerning the right to a refund under section 1848(g)(1)(A)(iv)).''. (2) Determinations by carriers.--Subparagraph (G) of section 1842(b)(3) of the Social Security Act (42 U.S.C. 1395u(b)(3)) is amended to read as follows: ``(G) for a service that is furnished with respect to an individual enrolled under this part, that is not paid on an assignment-related basis, and that is subject to a limiting charge under section 1848(g), will-- ``(i) determine, prior to making payment, whether the amount billed for such service exceeds the limiting charge applicable under section 1848(g)(2); ``(ii) notify the physician, supplier, or other person periodically (but not less often than once every 30 days) of determinations that amounts billed exceeded such limiting charges; and ``(iii) provide for prompt response to inquiries of physicians, suppliers, and other persons concerning the accuracy of such limiting charges for their services;''. (c) Report on Charges in Excess of Limiting Charge.--Section 1848(g)(6)(B) of the Social Security Act (42 U.S.C. 1395w-4(g)(6)(B)) is amended by inserting ``on the extent to which actual charges exceed limiting charges, the number and types of services involved, and the average amount of excess charges and'' after ``report to the Congress''. (d) Effective Dates.-- (1) Enforcement and uniform application.--The amendments made by subsection (a) shall apply to services furnished on or after January 1, 1994. (2) Explanations.--The amendments made by subsection (b)(1) shall apply to explanations of benefits provided on or after January 1, 1994, except that the requirement for including information concerning the right to a refund shall apply to explanations of benefits provided on or after July 1, 1994. (3) Carrier determinations.--The amendments made by subsection (b)(2) shall apply to contracts as of January 1, 1994. (4) Report.--The amendment made by subsection (c) shall apply to reports for years beginning after 1994.

Amends title XVIII (Medicare) of the Social Security Act to eliminate the annual cap on the amount of payment for outpatient physical therapy and occupational therapy services under Medicare part B (Supplementary Medical Insurance). Revises the limitation on beneficiary liability for payment of any amounts billed in excess of the applicable limiting charge for physician services. Applies such limitation to nonparticipating suppliers and other persons, as well as nonparticipating physicians. Includes in the Secretary of Health and Human Services' annual explanation of Medicare benefits information on refunds of such amounts. Makes carriers responsible for determining, prior to making payment, whether the amount billed for services is in excess of the applicable limiting charge and, if so, notifying the physician or other providers as appropriate. Requires the reports to the Congress on changes in excess charges for physician services to reflect additional information on the services involved.

To amend title XVIII of the Social Security Act to eliminate the annual cap on the amount of payment for outpatient physical therapy and occupational therapy services under part B of the medicare program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Coast Guard Servicemember Benefits Improvements Act''. SEC. 2. COAST GUARD HOUSING AUTHORITIES. (a) In General.--Chapter 18 of title 14, United States Code, is amended-- (1) in section 681-- (A) in the matter preceding paragraph (1) of subsection (a)-- (i) by striking ``acquisition or construction'' both times it appears and inserting ``acquisition, construction, reconstruction, or maintenance''; and (ii) by striking ``by private persons, including a small business concern qualified under section 8(a) of the Small Business Act (15 U.S.C. 637(a)),''; and (B) in subsection (b), by striking ``No appropriation shall be made'' and inserting ``Except as provided in section 687(c), no appropriation shall be made''; (2) in section 685(a)-- (A) by inserting ``any real'' after ``convey or lease''; and (B) by inserting ``under the administrative control of the Coast Guard'' after ``facilities (including ancillary support facilities)''; (3) in section 687-- (A) in subsection (b)(3), by striking ``for the purpose of carrying out activities under this chapter with respect to military family and military unaccompanied housing.'' and inserting a period; (B) in subsection (c)(1)-- (i) by striking ``In such amounts as provided in appropriation Acts and except'' and inserting ``Except''; and (ii) by striking ``the Secretary may'' and inserting ``the Secretary may, without further appropriation,''; (C) in subsection (e), by striking ``or (b)(3)''; (D) by striking subsection (f); and (E) by striking subsection (g); (4) in section 688, by adding at the end the following new paragraph: ``(5) A report that identifies-- ``(A) all real property, facilities, and structures under the administrative control of the Coast Guard to be disposed or demolished and the estimated cost thereof; and ``(B) any family or unaccompanied housing initiatives and capital construction projects planned under this chapter.''; and (5) by repealing section 689. (b) Clerical Amendment.--The chapter analysis at the beginning of chapter 18 of such title is amended by striking the item relating to section 689. SEC. 3. CHILD DEVELOPMENT SERVICES. Section 515 of title 14, United States Code, is amended-- (1) by striking subsection (b) and inserting the following: ``(b)(1) The Commandant is authorized to use appropriated funds available to the Coast Guard to provide child development services. ``(2)(A) The Commandant is authorized to establish, by regulations, fees to be charged parents for the attendance of children at Coast Guard child development centers. ``(B) Fees to be charged, pursuant to subparagraph (A), shall be based on family income, except that the Commandant may, on a case-by- base basis, establish fees at lower rates if such rates would not be competitive with rates at local child development centers. ``(C) The Commandant is authorized to collect and expend fees, established pursuant to this subparagraph, and such fees shall, without further appropriation, remain available until expended for the purpose of providing services, including the compensation of employees and the purchase of consumable and disposable items, at Coast Guard child development centers. ``(3) The Commandant is authorized to use appropriated funds available to the Coast Guard to provide assistance to family home daycare providers so that family home daycare services can be provided to uniformed servicemembers and civilian employees of the Coast Guard at a cost comparable to the cost of services provided by Coast Guard child development centers.''; (2) by repealing subsections (d) and (e); and (3) by redesignating subsections (f) and (g) as subsections (d) and (e), respectively. SEC. 4. COMPULSORY RETIREMENT. (a) In General.--Chapter 11 of title 14, United States Code, is amended by striking section 293 and inserting the following: ``Sec. 293. Compulsory retirement ``(a) Regular Commissioned Officers.--Any regular commissioned officer, except a commissioned warrant officer, serving in a grade below rear admiral (lower half), shall be retired on the first day of the month following the month in which the officer becomes 62 years of age. ``(b) Flag Officer Grades.--(1) Except as provided in paragraph (2), any regular commissioned officer serving in a flag officer grade shall be retired on the first day of the month following the month in which the officer becomes 64 years of age. ``(2) In the case of any regular commissioned officer serving in a flag officer grade position, the retirement under paragraph (1) of that officer may be deferred-- ``(A) by the President, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 68 years of age; or ``(B) by the Secretary of the department in which the Coast Guard is operating, but such a deferment may not extend beyond the first day of the month following the month in which the officer becomes 66 years of age.''. (b) Application.--This section shall not apply to any individual who reaches the age of 62 before July 1, 2011. With regard to an individual who reaches the age of 62 before July 1, 2011, any provision of law, providing for compulsory retirement, that was in effect prior to the date of enactment shall continue to be applicable in the same manner and to the same extent as if this section had not been enacted. (c) Clerical Amendment.--The analysis at the beginning of chapter 11 of such title is amended by striking the item relating to section 293 and inserting the following: ``293. Compulsory retirement.''. SEC. 5. CHAPLAIN ACTIVITY EXPENSE. Section 145 of title 14, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(4) detail personnel from the Chaplain Corps to provide services, pursuant to section 1789 of title 10, to the Coast Guard.''; and (2) by adding at the end the following new subsection: ``(d)(1) As part of the services provided by the Secretary of the Navy pursuant to subsection (a)(4), the Secretary may provide support services to chaplain-led programs to assist members of the Coast Guard on active duty and their dependents, and members of the reserve component in an active status and their dependents, in building and maintaining a strong family structure. ``(2) In this subsection, the term `support services' include transportation, food, lodging, child care, supplies, fees, and training materials for members of the Coast Guard on active duty and their dependents, and members of the reserve component in an active status and their dependents, while participating in programs referred to in paragraph (1), including participation at retreats and conferences. ``(3) In this subsection, the term `dependents' has the same meaning as defined in section 1072(2) of title 10.''. SEC. 6. COAST GUARD CROSS; SILVER STAR MEDAL. (a) Coast Guard Cross.--Chapter 13 of title 14, United States Code, is amended by inserting after section 491 the following new section: ``Sec. 491a. Coast Guard cross ``The President may award a Coast Guard cross of appropriate design, with ribbons and appurtenances, to a person who, while serving in any capacity with the Coast Guard, when the Coast Guard is not operating under the Department of the Navy, distinguishes himself or herself by extraordinary heroism not justifying the award of a medal of honor-- ``(1) while engaged in an action against an enemy of the United States; ``(2) while engaged in military operations involving conflict with an opposing foreign force or international terrorist organization; or ``(3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.''. (b) Silver Star Medal.--Such chapter is further amended-- (1) by striking the heading of section 492a and inserting the following: ``Sec. 492b. Distinguished flying cross''; and (2) by inserting after section 492 the following new section: ``Sec. 492a. Silver star medal ``The President may award a silver star medal of appropriate design, with ribbons and appurtenances, to a person who, while serving in any capacity with the Coast Guard, when the Coast Guard is not operating under the Department of the Navy, is cited for gallantry in action that does not warrant a medal of honor or Coast Guard cross-- ``(1) while engaged in an action against an enemy of the United States; ``(2) while engaged in military operations involving conflict with an opposing foreign force or international terrorist organization; or ``(3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.''. (c) Conforming Amendments.--Such chapter is further amended-- (1) in section 494, by striking ``distinguished service medal, distinguished flying cross,'' and inserting ``Coast Guard cross, distinguished service medal, silver star medal, distinguished flying cross,'' in both places it appears; (2) in section 496-- (A) in the matter preceding paragraph (1) of subsection (a), by striking ``distinguished service medal, distinguished flying cross,'' and inserting ``Coast Guard cross, distinguished service medal, silver star medal, distinguished flying cross,''; and (B) in subsection (b)(2), by striking ``distinguished service medal, distinguished flying cross,'' and inserting ``Coast Guard cross, distinguished service medal, silver star medal, distinguished flying cross,''; and (3) in section 497, by striking ``distinguished service medal, distinguished flying cross,'' and inserting ``Coast Guard cross, distinguished service medal, silver star medal, distinguished flying cross,''. (d) Clerical Amendments.--The analysis at the beginning of such chapter is amended-- (1) by inserting after the item relating to section 491 the following new item: ``491a. Coast Guard cross.''. (2) by striking the item relating to section 492a and inserting the following new items: ``492a. Silver star medal. ``492b. Distinguished flying cross.''. SEC. 7. COAST GUARD PARTICIPATION IN THE ARMED FORCES RETIREMENT HOME (AFRH) SYSTEM. (a) In General.--Section 1502 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 401) is amended-- (1) by striking paragraph (4); (2) in paragraph (5)-- (A) by striking ``and'' at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (C) by inserting at the end the following: ``(E) the Assistant Commandant of the Coast Guard for Human Resources.''; and (3) by adding at the end of paragraph (6) the following: ``(E) The Master Chief Petty Officer of the Coast Guard.''. (b) Conforming Amendments.--(1) Section 2772 of title 10, United States Code, is amended-- (A) in subsection (a) by inserting ``or, in the case of the Coast Guard, the Commandant'' after ``concerned''; and (B) by striking subsection (c). (2) Section 1007(i) of title 37, United States Code, is amended-- (A) in paragraph (3) by inserting ``or, in the case of the Coast Guard, the Commandant'' after ``Secretary of Defense''; (B) by striking paragraph (4); and (C) by redesignating paragraph (5) as paragraph (4). SEC. 8. LEGAL ASSISTANCE FOR COAST GUARD RESERVISTS. Section 1044(a)(4) of title 10, United States Code, is amended-- (1) by striking ``as determined by the Secretary of Defense,'' and inserting ``as determined by the Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service of the Navy,''; and (2) by striking ``prescribed by the Secretary of Defense,'' and inserting ``prescribed by Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service of the Navy,''. SEC. 9. CLARIFYING AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. Section 2801(b) of the Public Health Service Act (42 U.S.C. 300hh(b)) is amended by striking ``except that members of the armed forces under the authority of the Secretary of Defense shall remain under the command and control of the Secretary of Defense, as shall any associated assets of the Department of Defense.'' and inserting ``except that members of uniformed services under the authority of the Secretary of Defense or, with respect to the Coast Guard, the Secretary of the department in which the Coast Guard is operating shall remain under the command and control of the Secretary of Defense or the Secretary of the department in which the Coast Guard is operating, respectively, as shall any associated assets of the Department of Defense or the department in which the Coast Guard is operating.''.

United States Coast Guard Servicemember Benefits Improvements Act - Establishes or modifies the housing-related authorities of the Secretary of the department in which the Coast Guard is operating regarding: (1) reconstruction and maintenance of military family housing or unaccompanied housing; (2) conveyance or lease of real property; and (3) the Coast Guard Housing Fund. Repeals the $40 million cap on the total value in budget authority of all contracts and investments undertaken using Coast Guard housing authorities. Repeals the expiration date for such authorities, thus making them permanent. Eliminates specified new housing demonstration projects. Authorizes the Coast Guard Commandant to: (1) use appropriated funds to provide child development services; and (2) collect and expend, for such services, fees based on family income. Raises from 62 to 64 the mandatory retirement age for flag officers. Allows deferral of the mandatory retirement age of any regular commissioned officer serving in a flag officer grade position (currently 62): (1) by the Secretary until age 66; and (2) by the President until age 68. Authorizes the Secretary of the Navy to: (1) detail Chaplain Corps personnel to the Coast Guard; and (2) provide support services (including transportation, food, lodging, child care, supplies, fees, and training materials) to chaplain-led programs to assist members of the Coast Guard on active duty and their dependents, and members of the reserve component in an active status and their dependents, in building and maintaining a strong family structure. Authorizes the President to award a Coast Guard cross and silver star medals to persons serving in any capacity with the Coast Guard for extraordinary heroism or gallantry in action while engaged in action against a U.S. enemy, or in other specified actions. Removes provisions excluding the Coast Guard from provisions relating to Armed Forces Retirement homes. (Authorizes Coast Guard participation in the Armed Forces Retirement Home system.) Authorizes the Secretary of Homeland Security, subject to the availability of legal staff resources, to provide to members of Coast Guard reserve components legal assistance in connection with their personal civil legal affairs. Amends the Public Health Service Act to require that, during a public health emergency, Coast Guard members and assets remain under the command and control of the Secretary of the department in which the Coast Guard is operating.

To amend title 14, United States Code, to improve benefits for members of the Coast Guard, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal Government Tax-Exempt Bond Authority Amendments Act of 1995''. SEC. 2. MODIFICATIONS OF AUTHORITY OF INDIAN TRIBAL GOVERNMENTS TO ISSUE TAX-EXEMPT BONDS. (a) General Provision.--Subsection (c) of section 7871 of the Internal Revenue Code of 1986 (relating to Indian tribal governments treated as States for certain purposes) is amended to read as follows: ``(c) Additional Requirements for Tax-Exempt Bonds.-- ``(1) In general.--Subsection (a) of section 103 shall apply to any obligation issued by an Indian tribal government (or subdivision thereof) only if such obligation is part of an issue 95 percent or more of the net proceeds of which are to be used to finance facilities located on land within or in close proximity to the exterior boundaries of an Indian reservation. ``(2) Private activity bonds.--Any private activity bond (as defined in section 141(a)) issued by an Indian tribal government (or subdivision thereof) shall be treated as a qualified bond for purposes of section 103(b)(1) to which section 146 does not apply if-- ``(A) General restrictions.--The requirements of section 144(a)(8)(B) and section 147 are met with respect to the issue. ``(B) Specific restrictions.-- ``(i) Ownership.--In the case of an issue the net proceeds of which exceed $500,000, 50 percent or more of the profits or capital interests in the facilities to be financed thereby (or in the entity owning the facilities) are owned either by an Indian tribe, a subdivision thereof, a corporation chartered under section 17 of the Indian Reorganization Act of 1934 (25 U.S.C. 477) or section 3 of the Oklahoma Welfare Act (25 U.S.C. 503), individual enrolled members of an Indian Tribe, an entity wholly-owned by any of the foregoing, or any combination thereof. ``(ii) Employment test.--It is reasonably expected (at the time of issuance of the obligations) that for each $100,000 of net proceeds of the issue at least 1 employee rendering services at the financed facilities is an enrolled member of an Indian tribe or the spouse of an enrolled member of an Indian tribe. ``(3) Definitions.--For purposes of this subsection-- ``(A) Indian tribe.--The term `Indian tribe' means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village, or regional or village corporation, as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(B) Indian reservation.--The term `Indian reservation' means a reservation, as defined in-- ``(i) section 3(d) of the Indian Financing Act of 1974 (25 U.S.C. 1452(d)); or ``(ii) section 4(10) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903(10)). ``(C) In close proximity to.--The term `in close proximity to' means-- ``(i) in the case of an Indian reservation, or portion thereof, located within a metropolitan statistical area (within the meaning of section 143(k)(2)(B)), within 1 mile of the boundaries of such reservation, or portion thereof; and ``(ii) in the case of an Indian reservation, or portion thereof, located within a nonmetropolitan area (as defined in section 42(d)(5)(C)(iv)(IV)), within 15 miles of the boundaries of such reservation, or portion thereof. ``(D) Net proceeds.--The term `net proceeds' has the meaning given such term by section 150(a)(3).''. (b) Conforming Amendment.--Paragraph (3) of section 149(b) of the Internal Revenue Code of 1986 (relating to federally guaranteed bond is not exempt) is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph: ``(D) Exception for bonds issued by indian tribal governments.--Paragraph (1) shall not apply to any bond issued by an Indian tribal government (or subdivision thereof) unless it is federally guaranteed within the meaning of paragraph (2)(B)(ii).''. SEC. 3. EXEMPTION FROM REGISTRATION REQUIREMENTS. The first sentence of section 3(a)(2) of the Securities Act of 1933 (15 U.S.C. 77c(a)(2)) is amended by inserting ``or by any Indian tribal government or subdivision thereof (within the meaning of section 7871 of the Internal Revenue Code of 1986),'' after ``or territories,''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply to obligations issued after the date of the enactment of this Act.

Tribal Government Tax-Exempt Bond Authority Amendments Act of 1995 - Amends the Internal Revenue Code to permit the issuance of tax- exempt bonds by an Indian tribal government if at least 95 percent of the net proceeds are used to finance tribal facilities. Provides for the tax-exempt treatment of any private activity bond issued by an Indian tribal government or subdivision as a qualified bond. Prescribes specific ownership restrictions and an employment test. Exempts from the exclusion any bond issued by such tribal government or subdivision unless it is federally guaranteed. Amends the Securities Act of 1933 to exempt obligations issued by an Indian tribal government or subdivision from registration requirements.

Tribal Government Tax-Exempt Bond Authority Amendments Act of 1995

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Middle Class Education Opportunity Act of 1995''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 101. DEDUCTION FOR HIGHER EDUCATION EXPENSES. (a) Deduction Allowed.--Part VII of subchapter B of chapter 1 (relating to additional itemized deductions for individuals) is amended by redesignating section 220 as section 221 and by inserting after section 219 the following new section: ``SEC. 220. HIGHER EDUCATION TUITION AND FEES. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction the amount of qualified higher education expenses paid by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) Dollar limitation.--The amount allowed as a deduction under subsection (a) for any taxable year shall not exceed $5,000. ``(2) Limitations based on modified adjusted gross income.-- ``(A) In general.--The amount which would (but for this paragraph) be taken into account under paragraph (1) shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $60,000 bears to ``(ii) $15,000. ``(B) Modified adjusted gross income.--The term `modified adjusted gross income' of the taxpayer for the taxable year determined-- ``(i) without regard to this section and sections 911, 931 and 933, and ``(ii) after the application of sections 86, 135, 219 and 469. For purposes of sections 86, 135, 219, and 469, adjusted gross income shall be determined without regard to the deduction allowed under this section. ``(c) Qualified Higher Education Expenses.--For purposes of this section: ``(1) Qualified higher education expenses.-- ``(A) In general.--The term `qualified higher education expenses' means tuition and fees charged by an educational institution and required for the enrollment or attendance of-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, or ``(iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, as an eligible student at an institution of higher education. ``(B) Exception for education involving sports, etc.--Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies, unless such expenses-- ``(i) are part of a degree program, or ``(ii) are deductible under this chapter without regard to this section. ``(C) Exception for nonacademic fees.--Such term does not include any student activity fees, athletic fees, insurance expenses, or other expenses unrelated to a student's academic course of instruction. ``(D) Eligible student.--For purposes of subparagraph (A), the term `eligible student' means a student who-- ``(i) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of this section, and ``(ii)(I) is carrying at least one-half the normal full-time work load for the course of study the student is pursuing, as determined by the institution of higher education, or ``(II) in enrolled in a course which enables the student to improve the student's job skills or to acquire new job skills. ``(E) Identification requirement.--No deduction shall be allowed under subsection (a) to a taxpayer with respect to an eligible student unless the taxpayer includes the name, age, and taxpayer identification number of such eligible student on the return of tax for the taxable year. ``(2) Institution of higher education.--The term `institution of higher education' means an institution which-- ``(A) is described in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088), as in effect on the date of the enactment of this section, and ``(B) is eligible to participate in programs under title IV of such Act. ``(d) Special Rules.-- ``(1) No double benefit.-- ``(A) In general.--No deduction shall be allowed under subsection (a) for qualified higher education expenses with respect to which a deduction is allowable to the taxpayer under any other provision of this chapter unless the taxpayer irrevocably waives his right to the deduction of such expenses under such other provision. ``(B) Dependents.--No deduction shall be allowed under subsection (a) to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(C) Savings bond exclusion.--A deduction shall be allowed under subsection (a) for qualified higher education expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135 for the taxable year. ``(2) Limitation on taxable year of deduction.-- ``(A) In general.--A deduction shall be allowed under subsection (a) for any taxable year only to the extent the qualified higher education expenses are in connection with enrollment at an institution of higher education during the taxable year. ``(B) Certain prepayments allowed.--Subparagraph (A) shall not apply to qualified higher education expenses paid during a taxable year if such expenses are in connection with an academic term beginning during such taxable year or during the first 3 months of the next taxable year. ``(3) Adjustment for certain scholarships and veterans benefits.--The amount of qualified higher education expenses otherwise taken into account under subsection (a) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by the sum of the amounts received with respect to such individual for the taxable year as-- ``(A) a qualified scholarship which under section 117 is not includable in gross income, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for educational expenses, or attributable to enrollment at an eligible educational institution, which is exempt from income taxation by any law of the United States. ``(4) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(5) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(6) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations requiring recordkeeping and information reporting.''. (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) is amended by inserting after paragraph (15) the following new paragraph: ``(16) Higher education tuition and fees.--The deduction allowed by section 220.''. (c) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 is amended by striking the item relating to section 220 and inserting: ``Sec. 220. Higher education tuition and fees. ``Sec. 221. Cross reference.'' (d) Effective Date.--The amendments made by this section shall apply to payments made after December 31, 1995.

Middle Class Education Opportunity Act of 1995 - Amends the Internal Revenue Code to allow an individual a deduction for the amount of qualified higher education expenses paid by the individual. Limits the amount allowed to $5,000. Provides for a limitation based on modified adjusted gross income and other limitations.

Middle Class Education Opportunity Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fetal Alcohol Syndrome and Fetal Alcohol Effect Prevention and Services Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Fetal Alcohol Syndrome is the leading known cause of mental retardation, and it is 100 percent preventable; (2) each year, up to 12,000 infants are born in the United States with Fetal Alcohol Syndrome, suffering irreversible physical and mental damage; (3) thousands more infants are born each year with Fetal Alcohol Effect, also known as Alcohol Related Neurobehavioral Disorder (ARND), a related and equally tragic syndrome; (4) children of women who use alcohol while pregnant have a significantly higher infant mortality rate (13.3 per 1000) than children of those women who do not use alcohol (8.6 per 1000); (5) Fetal Alcohol Syndrome and Fetal Alcohol Effect are national problems which can impact any child, family, or community, but their threat to American Indians and Alaska Natives is especially alarming; (6) in some American Indian communities, where alcohol dependency rates reach 50 percent and above, the chances of a newborn suffering Fetal Alcohol Syndrome or Fetal Alcohol Effect are up to 30 times greater than national averages; (7) in addition to the immeasurable toll on children and their families, Fetal Alcohol Syndrome and Fetal Alcohol Effect pose extraordinary financial costs to the Nation, including the costs of health care, education, foster care, job training, and general support services for affected individuals; (8) the total cost to the economy of Fetal Alcohol Syndrome was approximately $2,500,000,000 in 1995, and over a lifetime, health care costs for one Fetal Alcohol Syndrome child are estimated to be at least $1,400,000; (9) researchers have determined that the possibility of giving birth to a baby with Fetal Alcohol Syndrome or Fetal Alcohol Effect increases in proportion to the amount and frequency of alcohol consumed by a pregnant woman, and that stopping alcohol consumption at any point in the pregnancy reduces the emotional, physical, and mental consequences of alcohol exposure to the baby; and (10) though approximately 1 out of every 5 pregnant women drink alcohol during their pregnancy, we know of no safe dose of alcohol during pregnancy, or of any safe time to drink during pregnancy, thus, it is in the best interest of the Nation for the Federal Government to take an active role in encouraging all women to abstain from alcohol consumption during pregnancy. SEC. 3. PURPOSE. It is the purpose of this Act to establish, within the Department of Health and Human Services, a comprehensive program to help prevent Fetal Alcohol Syndrome and Fetal Alcohol Effect nationwide and to provide effective intervention programs and services for children, adolescents and adults already affected by these conditions. Such program shall-- (1) coordinate, support, and conduct national, State, and community-based public awareness, prevention, and education programs on Fetal Alcohol Syndrome and Fetal Alcohol Effect; (2) coordinate, support, and conduct prevention and intervention studies as well as epidemiologic research concerning Fetal Alcohol Syndrome and Fetal Alcohol Effect; (3) coordinate, support and conduct research and demonstration projects to develop effective developmental and behavioral interventions and programs that foster effective advocacy, educational and vocational training, appropriate therapies, counseling, medical and mental health, and other supportive services, as well as models that integrate or coordinate such services, aimed at the unique challenges facing individuals with Fetal Alcohol Syndrome or Fetal Alcohol Effect and their families; and (4) foster coordination among all Federal, State and local agencies, and promote partnerships between research institutions and communities that conduct or support Fetal Alcohol Syndrome and Fetal Alcohol Effect research, programs, surveillance, prevention, and interventions and otherwise meet the general needs of populations already affected or at risk of being impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effect. SEC. 4. ESTABLISHMENT OF PROGRAM. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART O--FETAL ALCOHOL SYNDROME PREVENTION AND SERVICES PROGRAM ``SEC. 399G. ESTABLISHMENT OF FETAL ALCOHOL SYNDROME PREVENTION AND SERVICES PROGRAM. ``(a) Fetal Alcohol Syndrome Prevention, Intervention and Services Delivery Program.--The Secretary shall establish a comprehensive Fetal Alcohol Syndrome and Fetal Alcohol Effect prevention, intervention and services delivery program that shall include-- ``(1) an education and public awareness program to support, conduct, and evaluate the effectiveness of-- ``(A) educational programs targeting medical schools, social and other supportive services, educators and counselors and other service providers in all phases of childhood development, and other relevant service providers, concerning the prevention, identification, and provision of services for children, adolescents and adults with Fetal Alcohol Syndrome and Fetal Alcohol Effect; ``(B) strategies to educate school-age children, including pregnant and high risk youth, concerning Fetal Alcohol Syndrome and Fetal Alcohol Effect; ``(C) public and community awareness programs concerning Fetal Alcohol Syndrome and Fetal Alcohol Effect; and ``(D) strategies to coordinate information and services across affected community agencies, including agencies providing social services such as foster care, adoption, and social work, medical and mental health services, and agencies involved in education, vocational training and civil and criminal justice; ``(2) a prevention and diagnosis program to support clinical studies, demonstrations and other research as appropriate to-- ``(A) develop appropriate medical diagnostic methods for identifying Fetal Alcohol Syndrome and Fetal Alcohol Effect; and ``(B) develop effective prevention services and interventions for pregnant, alcohol-dependent women; and ``(3) an applied research program concerning intervention and prevention to support and conduct service demonstration projects, clinical studies and other research models providing advocacy, educational and vocational training, counseling, medical and mental health, and other supportive services, as well as models that integrate and coordinate such services, that are aimed at the unique challenges facing individuals with Fetal Alcohol Syndrome or Fetal Alcohol Effect and their families. ``(b) Grants and Technical Assistance.--The Secretary may award grants, cooperative agreements and contracts and provide technical assistance to eligible entities described in section 399H to carry out subsection (a). ``(c) Dissemination of Criteria.--In carrying out this section, the Secretary shall develop a procedure for disseminating the Fetal Alcohol Syndrome and Fetal Alcohol Effect diagnostic criteria developed pursuant to section 705 of the ADAMHA Reorganization Act (42 U.S.C. 485n note) to health care providers, educators, social workers, child welfare workers, and other individuals. ``(d) National Task Force.-- ``(1) In general.--The Secretary shall establish a task force to be known as the National task force on Fetal Alcohol Syndrome and Fetal Alcohol Effect (referred to in this subsection as the `task force') to foster coordination among all governmental agencies, academic bodies and community groups that conduct or support Fetal Alcohol Syndrome and Fetal Alcohol Effect research, programs, and surveillance, and otherwise meet the general needs of populations actually or potentially impacted by Fetal Alcohol Syndrome and Fetal Alcohol Effect. ``(2) Membership.--The Task Force established pursuant to paragraph (1) shall-- ``(A) be chaired by an individual to be appointed by the Secretary and staffed by the Administration; and ``(B) include the Chairperson of the Interagency Coordinating Committee on Fetal Alcohol Syndrome of the Department of Health and Human Services, and representatives from research and advocacy organizations such as the Research Society on Alcoholism, the FAS Family Resource Institute and the National Organization of Fetal Alcohol Syndrome, the academic community, and Federal, State and local government agencies and offices. ``(3) Functions.--The Task Force shall-- ``(A) advise Federal, State and local programs and research concerning Fetal Alcohol Syndrome and Fetal Alcohol Effect, including programs and research concerning education and public awareness for relevant service providers, school-age children, women at-risk, and the general public, medical diagnosis, interventions for women at-risk of giving birth to children with Fetal Alcohol Syndrome and Fetal Alcohol Effect, and beneficial services for individuals with Fetal Alcohol Syndrome and Fetal Alcohol Effect and their families; ``(B) coordinate its efforts with the Interagency Coordinating Committee on Fetal Alcohol Syndrome of the Department of Health and Human Services; and ``(C) report on a biennial basis to the Secretary and relevant committees of Congress on the current and planned activities of the participating agencies. ``(4) Time for appointment.--The members of the Task Force shall be appointed by the Secretary not later than 6 months after the date of enactment of this part. ``SEC. 399H. ELIGIBILITY. ``To be eligible to receive a grant, or enter into a cooperative agreement or contract under this part, an entity shall-- ``(1) be a State, Indian tribal government, local government, scientific or academic institution, or nonprofit organization; and ``(2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may prescribe, including a description of the activities that the entity intends to carry out using amounts received under this part. ``SEC. 399I. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this part, $27,000,000 for each of the fiscal years 1999 through 2003. ``(b) Task Force.--From amounts appropriate for a fiscal year under subsection (a), the Secretary may use not to exceed $2,000,000 of such amounts for the operations of the National Task Force under section 399G(d). ``SEC. 399J. SUNSET PROVISION. ``This part shall not apply on the date that is 7 years after the date on which all members of the national task force have been appointed under section 399G(d)(1).''.

Fetal Alcohol Syndrome and Fetal Alcohol Effect Prevention and Services Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a comprehensive Fetal Alcohol Syndrome (FAS) and Fetal Alcohol Effect (FAE) prevention, intervention, and services delivery program. Authorizes the Secretary to award grants, cooperative agreements, and technical assistance to eligible State, tribal, and local governments, scientific or academic institutions, and nonprofit organizations to carry out such activities. Directs the Secretary to establish a National Task Force on Fetal Alcohol Syndrome and Fetal Alcohol Effect to: (1) foster coordination among governmental agencies, academic bodies, and community groups that support FAS and FAE research, programs, and surveillance and otherwise meet the needs of populations actually or potentially impacted by FAS and FAE; and (2) advise Federal, State, and local programs and research concerning FAS and FAE. Authorizes appropriations for FY 1999 through 2003. Terminates application of this Act seven years after the date on which all Task Force members have been appointed.

Fetal Alcohol Syndrome and Fetal Alcohol Effect Prevention and Services Act

SECTION 1. CONTINUATION AND EXPANSION OF WOUNDED WARRIOR CAREERS DEMONSTRATION PROGRAM. (a) Continuation of Program.--The Secretary of the Army shall continue the Wounded Warrior Careers Demonstration program being conducted in collaboration with the Army Wounded Warrior program at three locations pursuant to the memorandum of understanding on the program between the Army and the National Organization on Disability dated January 2007. (b) Expansion of Program.-- (1) In general.--The Secretary of the Army shall expand the Wounded Warrior Careers Demonstration program to nine additional locations in fiscal year 2011. The expansion of the program shall be conducted under the memorandum of understanding referred to in subsection (a), as modified pursuant to subsection (f). (2) Additional purpose of expanded program.--The purpose of the expansion of the Wounded Warrior Careers Demonstration program under this subsection shall be to identify and disseminate best practices related to employment counseling and job placement of severely wounded warriors into civilian communities and careers and to otherwise assess the feasibility and advisability of various additional means to support the transition and reintegration of such warriors into such communities and careers. (3) Locations.--Any location selected for the expansion of the Wounded Warrior Careers Demonstration program under this subsection shall be a location at which the Army, or one or more of the other Armed Forces, have a large concentration of severely wounded warriors who are ready for career and employment counseling. (c) Services To Be Provided Under Program.--The services provided under the Wounded Warrior Careers Demonstration program shall include career-development services for severely wounded warriors (and their spouses, if appropriate) that are consistent with their needs. Such services shall be provided by utilizing a proactive, intensive, extended case-management model (including individualized counseling) pursuant to which such warriors and their families receive assistance in the following: (1) Exploring career options. (2) Obtaining education, skill, aptitude, and interest assessments. (3) Preparing resumes and career plans. (4) Acquiring additional education and training. (5) Engaging with prospective employers. (6) Entering into various kinds of occupations (whether full-time, part-time, paid, or volunteer, or self-employment as entrepreneurs or otherwise). (7) Advancing in work entered into. (8) Resolving obstacles through coordination with the military departments, other departments and agencies of the Federal Government, State and local governments, and other appropriate service and benefits providers. (d) Minimum Duration of Program.--The Secretary of the Army shall carry out the Wounded Warrior Careers Demonstration program until not earlier than the date that is five years after the date of the enactment of this Act. (e) Availability of Services Under Program to Other Armed Forces.-- (1) In general.--The services provided under the Wounded Warrior Careers Demonstration program may be provided to severely wounded warriors of one or more of the other Armed Forces pursuant to a joint agreement between the Secretary of the Army, the Secretary of the military department having jurisdiction over such Armed Force, and the National Organization on Disability. (2) Coordination.--The Secretary of Defense shall ensure coordination between the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force regarding the participation of members of other Armed Forces in the Wounded Warrior Careers Demonstration program under this subsection, including actions to encourage and facilitate the participation of such members in the program when appropriate. (f) Modifications of Memorandum of Understanding.-- (1) Requirements applicable to the army.--The Secretary of the Army and the National Organization on Disability shall enter into such modifications of the memorandum of understanding referred to in subsection (a) as the Secretary and the Organization jointly consider appropriate to comply with the requirements of subsections (a) through (d). (2) Requirements applicable to other armed forces.--Any provision of services under the Wounded Warrior Careers Demonstration program through a joint agreement described in subsection (e) shall be incorporated into the memorandum of understanding referred to in subsection (a) in such manner as the Secretary of the Army, the Secretary of the military department having jurisdiction over the Armed Force concerned, and the National Organization on Disability jointly consider appropriate. (g) Continuation of Dissemination of Lessons Learned.-- (1) In general.--The Secretary of the Army shall continue to provide for the dissemination to other Federal departments and agencies, State and local governments, and appropriate nonprofit organizations of lessons learned and best practices developed under the Wounded Warrior Careers Demonstration program on the provision of benefits, services, and support to severely wounded warriors. (2) Dissemination to va.--As part of the dissemination of information under paragraph (1), the Secretary of the Army and the Secretary of Veterans Affairs shall undertake such joint programs, activities, and initiatives as the Secretaries consider appropriate to facilitate and further the dissemination to the Department of Veterans Affairs of such lessons and best practices as will be of particular use to the Department in providing benefits, services, and support to veterans who were severely wounded warriors. SEC. 2. REPORT ON WOUNDED WARRIOR CAREERS DEMONSTRATION PROGRAM. (a) In General.--Not later than six months after the completion of the Wounded Warrior Careers Demonstration program, the Secretary of Defense shall, in conjunction with the National Organization on Disability (NOD), submit to the Secretary of Veterans Affairs, and to the appropriate committees of Congress, a report on the program. (b) Elements.--The report required by subsection (a) shall include the following: (1) A comprehensive description of the Wounded Warrior Careers Demonstration program, including the following: (A) Information on job placement and retention of wounded warriors who participated in the program. (B) A description and assessment of the career services provided under the program to wounded warriors experiencing Post-Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI). (2) An assessment of the financial costs resulting from the failure of wounded warriors to gain employment or achieve self- sufficiency after service in the Armed Forces. (3) An assessment of the efficacy of the program in preparing wounded warriors to meet the challenges of employment after service in the Armed Forces. (4) Such recommendations as the Secretary considers appropriate, including recommendations for the continuation or enhancement of the services provided under the program. (c) Definitions.--In this section: (1) The term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the Senate; and (B) the Committee on Armed Services and the Committee on Ways and Means of the House of Representatives. (2) The term ``National Organization on Disability'' refers to the non-governmental organization assisting the Department of the Army in carrying out the Wounded Warrior Careers Demonstration program in collaboration with the Army Wounded Warrior Program.

Directs the Secretary of the Army to: (1) continue the Wounded Warrior Careers Demonstration (Careers) program being conducted in collaboration with the Army Wounded Warrior program at three locations pursuant to a memorandum of understanding between the Army and the National Organization on Disability; and (2) expand the Careers program to nine additional locations in FY2011. States that the purpose of the Careers program expansion shall be to identify and disseminate best practices related to employment counseling and job placement of severely wounded warriors into civilian communities and careers, and to assess various additional means to support the transition and reintegration of such warriors into such communities and careers. Requires: (1) all locations chosen under the expansion to have a large concentration of severely wounded warriors who are ready for career and employment counseling; and (2) the Careers program to be carried out at least until five years after the enactment of this Act. Allows Careers program services to be provided to severely wounded warriors of other branches of the Armed Forces pursuant to joint agreement. Directs the Secretary to continue to provide for the dissemination to other federal departments and agencies, state and local governments, and appropriate nonprofit organizations of lessons learned and best practices developed under the Careers program on the provision of benefits, services, and support to severely wounded warriors. Requires the Secretary of Defense (DOD) to report on the Careers program to the Secretary of Veterans Affairs (VA) and specified congressional committees.

A bill to provide for a continuation and expansion of the Wounded Warrior Careers Demonstration program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Contractor Tax Reform Act of 1997''. SEC. 2. SAFE HARBOR FOR DETERMINING THAT CERTAIN INDIVIDUALS ARE NOT EMPLOYEES. (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 (relating to general provisions relating to employment taxes) is amended by adding after section 3510 the following new section: ``SEC. 3511. SAFE HARBOR FOR DETERMINING THAT CERTAIN INDIVIDUALS ARE NOT EMPLOYEES. ``(a) Safe Harbor.-- ``(1) In general.--For purposes of this title, if the requirements of subsections (b), (c), and (d), or the requirements of subsections (d) and (e), are met with respect to any service performed by any individual, then with respect to such service-- ``(A) the service provider shall not be treated as an employee, ``(B) the service recipient shall not be treated as an employer, ``(C) the payor shall not be treated as an employer, and ``(D) compensation paid or received for such service shall not be treated as paid or received with respect to employment. ``(2) Availability of safe harbor not to limit application of other laws.--Nothing in this section shall be construed-- ``(A) as limiting the ability of a service provider, service recipient, or payor to apply other applicable provisions of this title, section 530 of the Revenue Act of 1978, or the common law in determining whether an individual is not an employee, or ``(B) as a prerequisite for the application of any provision of law described in subparagraph (A). ``(b) Service Provider Requirements With Regard to the Service Recipient.--For purposes of subsection (a), the requirements of this subsection are met if the service provider, in connection with performing the service-- ``(1) has the ability to realize a profit or loss, ``(2) incurs unreimbursed expenses which are ordinary and necessary to the service provider's industry and which represent an amount at least equal to 2 percent of the service provider's adjusted gross income attributable to services performed pursuant to 1 or more contracts described in subsection (d), and ``(3) agrees to perform services for a particular amount of time or to complete a specific result or task. ``(c) Additional Service Provider Requirements With Regard to Others.--For the purposes of subsection (a), the requirements of this subsection are met if the service provider-- ``(1) has a principal place of business, ``(2) does not primarily provide the service at a single service recipient's facilities, ``(3) pays a fair market rent for use of the service recipient's facilities, or ``(4) operates primarily with equipment not supplied by the service recipient. ``(d) Written Document Requirements.--For purposes of subsection (a), the requirements of this subsection are met if the services performed by the service provider are performed pursuant to a written contract between such service provider and the service recipient, or the payor, and such contract provides that the service provider will not be treated as an employee with respect to such services for Federal tax purposes. ``(e) Business Structure and Benefits Requirement.--For purposes of subsection (a), the requirements of this subsection are met if the service provider-- ``(1) conducts business as a properly constituted corporation or limited liability company under applicable State laws, and ``(2) does not receive from the service recipient or payor benefits that are provided to employees of the service recipient. ``(f) Special Rules.--For purposes of this section-- ``(1) Failure to meet reporting requirements.--If for any taxable year any service recipient or payor fails to meet the applicable reporting requirements of section 6041(a) or 6041A(a) with respect to a service provider, then, unless the failure is due to reasonable cause and not willful neglect, the safe harbor provided by this section for determining whether individuals are not employees shall not apply to such service recipient or payor with respect to that service provider. ``(2) Burden of proof.--For purposes of subsection (a), if-- ``(A) a service provider, service recipient, or payor establishes a prima facie case that it was reasonable not to treat a service provider as an employee for purposes of this section, and ``(B) the service provider, service recipient, or payor has fully cooperated with reasonable requests from the Secretary or his delegate, then the burden of proof with respect to such treatment shall be on the Secretary. ``(3) Related entities.--If the service provider is performing services through an entity owned in whole or in part by such service provider, the references to `service provider' in subsections (b) through (e) may include such entity, provided that the written contract referred to in subsection (d) is with such entity. ``(g) Determinations by the Secretary.--For purposes of this title-- ``(1) In general.-- ``(A) Determinations with respect to a service recipient or a payor.--A determination by the Secretary that a service recipient or a payor should have treated a service provider as an employee shall be effective no earlier than the notice date if-- ``(i) the service recipient or the payor entered into a written contract satisfying the requirements of subsection (d), ``(ii) the service recipient or the payor satisfied the applicable reporting requirements of section 6041(a) or 6041A(a) for all taxable years covered by the agreement described in clause (i), and ``(iii) the service recipient or the payor demonstrates a reasonable basis for determining that the service provider is not an employee and that such determination was made in good faith. ``(B) Determinations with respect to a service provider.--A determination by the Secretary that a service provider should have been treated as an employee shall be effective no earlier than the notice date if-- ``(i) the service provider entered into a contract satisfying the requirements of subsection (d), ``(ii) the service provider satisfied the applicable reporting requirements of sections 6012(a) and 6017 for all taxable years covered by the agreement described in clause (i), and ``(iii) the service provider demonstrates a reasonable basis for determining that the service provider is not an employee and that such determination was made in good faith. ``(C) Reasonable cause exception.--The requirements of subparagraph (A)(ii) or (B)(ii) shall be treated as being met if the failure to satisfy the applicable reporting requirements is due to reasonable cause and not willful neglect. ``(2) Construction.--Nothing in this subsection shall be construed as limiting any provision of law that provides an opportunity for administrative or judicial review of a determination by the Secretary. ``(3) Notice date.--For purposes of this subsection, the notice date is the 30th day after the earlier of-- ``(A) the date on which the first letter of proposed deficiency that allows the service provider, the service recipient, or the payor an opportunity for administrative review in the Internal Revenue Service Office of Appeals is sent, or ``(B) the date on which the deficiency notice under section 6212 is sent. ``(h) Definitions.--For the purposes of this section-- ``(1) Service provider.--The term `service provider' means any individual who performs a service for another person. ``(2) Service recipient.--Except as provided in paragraph (4), the term `service recipient' means the person for whom the service provider performs such service. ``(3) Payor.--Except as provided in paragraph (4), the term `payor' means the person who pays the service provider for the performance of such service in the event that the service recipient does not pay the service provider. ``(4) Exceptions.--The terms `service recipient' and `payor' do not include any entity in which the service provider owns in excess of 5 percent of-- ``(A) in the case of a corporation, the total combined voting power of stock in the corporation, or ``(B) in the case of an entity other than a corporation, the profits or beneficial interests in the entity. ``(5) In connection with performing the service.--The term `in connection with performing the service' means in connection or related to the operation of the service provider's trade or business. ``(6) Principal place of business.--For purposes of subsection (c), a home office shall in any case qualify as the principal place of business if-- ``(A) the office is the location where the service provider's essential administrative or management activities are conducted on a regular and systematic (and not incidental) basis by the service provider, and ``(B) the office is necessary because the service provider has no other location for the performance of the essential administrative or management activities of the business. ``(7) Fair market rent.--The term `fair market rent' means a periodic, fixed minimum rental fee which is based on the fair rental value of the facilities and is established pursuant to a written agreement with terms similar to those offered to unrelated persons for facilities of similar type and quality.'' (b) Clarification of Rules Regarding Evidence of Control.--For purposes of determining whether an individual is an employee under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.), compliance with statutory or regulatory standards shall not be treated as evidence of control. (c) Repeal of Section 530(d) of the Revenue Act of 1978.--Section 530(d) of the Revenue Act of 1978 (as added by section 1706 of the Tax Reform Act of 1986) is repealed. (d) Clerical Amendment.--The table of sections for chapter 25 of such Code is amended by adding at the end the following new item: ``Sec. 3511. Safe harbor for determining that certain individuals are not employees.'' (e) Effective Dates.-- (1) In general.--The amendments made by, and the provisions of, this section shall apply to services performed after the date of enactment of this Act. (2) Determinations by secretary.--Section 3511(g) of the Internal Revenue Code of 1986 (as added by subsection (a)) shall apply to determinations after the date of enactment of this Act. (3) Section 530(d).--The amendment made by subsection (c) shall apply to periods ending after the date of enactment of this Act.

Independent Contractor Tax Reform Act of 1997 - Amends the Internal Revenue Code to consider a service provider as not being an employee if: (1) the provider can realize a profit or loss, can incur unreimbursed expenses, and makes a time-limited or task-limited agreement; (2) the provider has a principal place of business, does not primarily provide service at a single service recipient's facilities, pays fair rent for the use of the recipient's facilities, or operates primarily with equipment not supplied by the recipient; and (3) there is a written contract providing that the provider will not be treated as an employee for Federal tax purposes. Considers (in addition) a provider as not an employee if: (1) there is such a written contract; and (2) the provider is a corporation or limited liability company and does not receive benefits that the recipient's employees receive. Regulates the treatment of determinations by the Secretary of the Treasury that a service provider should have been treated as an employee.

Independent Contractor Tax Reform Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Trafficking of Women and Children Victim Protection Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The worldwide trafficking of persons has a disproportionate impact on women and girls and has been and continues to be condemned by the international community as a violation of fundamental human rights. (2) The fastest growing international trafficking business is the trade in women, whereby women and girls seeking a better life, a good marriage, or a lucrative job abroad, unexpectedly find themselves in situations of forced prostitution, sweatshop labor, exploitative domestic servitude, or battering and extreme cruelty. (3) Trafficked women and children, girls and boys, are often subjected to rape and other forms of sexual abuse by their traffickers and often held as virtual prisoners by their exploiters, made to work in slavery-like conditions, in debt bondage without pay and against their will. (4) The President, the First Lady, the Secretary of State, the President's Interagency Council on Women, and the Agency for International Development have all identified trafficking in women as a significant problem. (5) The Fourth World Conference on Women (Beijing Conference) called on all governments to take measures, including legislative measures, to provide better protection of the rights of women and girls in trafficking, to address the root factors that put women and girls at risk to traffickers, and to take measures to dismantle the national, regional, and international networks on trafficking. (6) The United Nations General Assembly, noting its concern about the increasing number of women and girls who are being victimized by traffickers, passed a resolution in 1998 calling upon all governments to criminalize trafficking in women and girls in all its forms and to penalize all those offenders involved, while ensuring that the victims of these practices are not penalized. (7) Numerous treaties to which the United States is a party address government obligations to combat trafficking, including such treaties as the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, which calls for the complete abolition of debt bondage and servile forms of marriage, and the 1957 Abolition of Forced Labor Convention, which undertakes to suppress and requires signatories not to make use of any forced or compulsory labor. SEC. 3. PURPOSES. The purposes of this Act are to condemn and combat the international crime of trafficking in women and children and to assist the victims of this crime by-- (1) setting a standard by which governments are evaluated for their response to trafficking and their treatment of victims; (2) authorizing and funding an interagency task force to carry out such evaluations and to issue an annual report of its findings to include the identification of foreign governments that tolerate or participate in trafficking and fail to cooperate with international efforts to prosecute perpetrators; (3) assisting trafficking victims in the United States by providing humanitarian assistance and by providing them temporary nonimmigrant status in the United States; (4) assisting trafficking victims abroad by providing humanitarian assistance; and (5) denying certain forms of United States foreign assistance to those governments which tolerate or participate in trafficking, abuse victims, and fail to cooperate with international efforts to prosecute perpetrators. SEC. 4. DEFINITIONS. In this Act: (1) Police assistance.--The term ``police assistance''-- (A) means-- (i) assistance of any kind, whether in the form of grant, loan, training, or otherwise, provided to or for foreign law enforcement officials, foreign customs officials, or foreign immigration officials; (ii) government-to-government sales of any item to or for foreign law enforcement officials, foreign customs officials, or foreign immigration officials; and (iii) any license for the export of an item sold under contract to or for the officials described in clause (i); and (B) does not include assistance furnished under section 534 of the Foreign Assistance Act of 1961 (22 U.S.C. 2346c; relating to the administration of justice) or any other assistance under that Act to promote respect for internationally recognized human rights. (2) Trafficking.--The term ``trafficking'' means the use of deception, coercion, debt bondage, the threat of force, or the abuse of authority to recruit, transport within or across borders, purchase, sell, transfer, receive, or harbor a person for the purpose of placing or holding such person, whether for pay or not, in involuntary servitude, or slavery or slavery- like conditions, or in forced, bonded, or coerced labor. (3) Victim of trafficking.--The term ``victim of trafficking'' means any person subjected to the treatment described in paragraph (2). SEC. 5. INTER-AGENCY TASK FORCE TO MONITOR AND COMBAT TRAFFICKING. (a) Establishment.-- (1) In general.--There is established within the Department of State in the Office of the Secretary of State an Inter- Agency Task Force to Monitor and Combat Trafficking (in this section referred to as the ``Task Force''). The Task Force shall be co-chaired by the Assistant Secretary of State for Democracy, Human Rights, and Labor Affairs and the Senior Coordinator on International Women's Issues, President's Interagency Council on Women. (2) Appointment of members.--The members of the Task Force shall be appointed by the Secretary of State. The Task Force shall consist of no more than twelve members. (3) Composition.--The Task Force shall include representatives from the-- (A) Violence Against Women Office, Office of Justice Programs, Department of Justice; (B) Office of Women in Development, United States Agency for International Development; and (C) Bureau of International Narcotics and Law Enforcement Affairs, Department of State. (4) Staff.--The Task Force shall be authorized to retain up to five staff members within the Bureau of Democracy, Human Rights, and Labor Affairs, and the President's Interagency Council on Women to prepare the annual report described in subsection (b) and to carry out additional tasks which the Task Force may require. The Task Force shall regularly hold meetings on its activities with nongovernmental organizations. (b) Annual Report to Congress.--Not later than March 1 of each year, the Secretary of State, with the assistance of the Task Force, shall submit a report to Congress describing the status of international trafficking, including-- (1) a list of foreign states where trafficking originates, passes through, or is a destination; and (2) an assessment of the efforts by the governments described in paragraph (1) to combat trafficking. Such an assessment shall address-- (A) whether any governmental authorities tolerate or are involved in trafficking activities; (B) which governmental authorities are involved in anti-trafficking activities; (C) what steps the government has taken toward ending the participation of its officials in trafficking; (D) what steps the government has taken to prosecute and investigate those officials found to be involved in trafficking; (E) what steps the government has taken to prohibit other individuals from participating in trafficking, including the investigation, prosecution, and conviction of individuals involved in trafficking, the criminal and civil penalties for trafficking, and the efficacy of those penalties on reducing or ending trafficking; (F) what steps the government has taken to assist trafficking victims, including efforts to prevent victims from being further victimized by police, traffickers, or others, grants of stays of deportation, and provision of humanitarian relief, including provision of mental and physical health care and shelter; (G) whether the government is cooperating with governments of other countries to extradite traffickers when requested; (H) whether the government is assisting in international investigations of transnational trafficking networks; and (I) whether the government-- (i) refrains from prosecuting trafficking victims or refrains from other discriminatory treatment towards trafficking victims due to such victims having been trafficked, or the nature of their work, or their having left the country illegally; and (ii) recognizes the rights of victims and ensures their access to justice. (c) Reporting Standards and Investigations.-- (1) Responsibility of the secretary of state.--The Secretary of State shall ensure that United States missions abroad maintain a consistent reporting standard and thoroughly investigate reports of trafficking. (2) Contacts with nongovernmental organizations.--In compiling data and assessing trafficking for the Human Rights Report and the Inter-Agency Task Force to Monitor and Combat Trafficking Annual Report, United States mission personnel shall seek out and maintain contacts with human rights and other nongovernmental organizations, including receiving reports and updates from such organizations, and, when appropriate, investigating such reports. SEC. 6. INELIGIBILITY FOR POLICE ASSISTANCE. (a) Ineligibility.--Except as provided in subsection (b), any foreign government country identified in the latest report submitted under section 5 as a government that-- (1) has failed to take effective action towards ending the participation of its officials in trafficking; and (2) has failed to investigate and prosecute meaningfully those officials found to be involved in trafficking, shall not be eligible for police assistance. (b) Waiver of Ineligibility.--The President may waive the application of subsection (a) to a foreign country if the President determines and certifies to Congress that the provision of police assistance to the country is in the national interest of the United States. SEC. 7. PROTECTION OF TRAFFICKING VICTIMS. (a) Nonimmigrant Classification for Trafficking Victims.--Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended-- (1) by striking ``or'' at the end of subparagraph (R); (2) by striking the period at the end of subparagraph (S) and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(T) an alien who the Attorney General determines-- ``(i) is physically present in the United States, and ``(ii) is or has been a trafficking victim (as defined in section 4 of the International Trafficking of Women and Children Victim Protection Act of 1999), for a stay of not to exceed 3 months in the United States, except that any such alien who has filed a petition seeking asylum or who is pursuing civil or criminal action against traffickers shall have the alien's status extended until the petition or litigation reaches its conclusion.''. (b) Waiver of Grounds for Ineligibility for Admission.--Section 212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended-- (1) by inserting ``(1)'' after ``(d)''; and (2) by adding at the end the following: ``(2) The Attorney General shall, in the Attorney General's discretion, waive the application of subsection (a) (other than paragraph (3)(E)) in the case of a nonimmigrant described in section 101(a)(15)(T), if the Attorney General considers it to be in the national interest to do so.''. (c) Involuntary Servitude.--Section 1584 of title 18, United States Code, is amended-- (1) inserting ``(a)'' before ``Whoever''; (2) by striking ``or'' after ``servitude''; (3) by inserting ``transfers, receives or harbors any person into involuntary servitude, or'' after ``servitude,''; and (4) by adding at the end the following: ``(b) In this section, the term `involuntary servitude' includes trafficking, slavery-like practices in which persons are forced into labor through non-physical means, such as debt bondage, blackmail, fraud, deceit, isolation, and psychological pressure.''. (d) Trafficking Victim Regulations.--Not later than 180 days after the date of enactment of this Act, the Attorney General and the Secretary of State shall jointly promulgate regulations for law enforcement personnel, immigration officials, and Foreign Service officers requiring that-- (1) Federal, State and local law enforcement, immigration officials, and Foreign Service officers shall be trained in identifying and responding to trafficking victims; (2) trafficking victims shall not be jailed, fined, or otherwise penalized due to having been trafficked, or nature of work; (3) trafficking victims shall have access to legal assistance, information about their rights, and translation services; (4) trafficking victims shall be provided protection if, after an assessment of security risk, it is determined the trafficking victim is susceptible to further victimization; and (5) prosecutors shall take into consideration the safety and integrity of trafficked persons in investigating and prosecuting traffickers. SEC. 8. ASSISTANCE TO TRAFFICKING VICTIMS. (a) In the United States.--The Secretary of Health and Human Services is authorized to provide, through the Office of Refugee Resettlement, assistance to trafficking victims and their children in the United States, including mental and physical health services, and shelter. (b) In Other Countries.--The President, acting through the Administrator of the United States Agency for International Development, is authorized to provide programs and activities to assist trafficking victims and their children abroad, including provision of mental and physical health services, and shelter. Such assistance should give special priority to programs by nongovernmental organizations which provide direct services and resources for trafficking victims. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations for the Inter-Agency Task Force.--To carry out the purposes of section 5, there are authorized to be appropriated to the Secretary of State $2,000,000 for fiscal year 2000 and $2,000,000 for fiscal year 2001. (b) Authorization of Appropriations to the Secretary of HHS.--To carry out the purposes of section 8(a), there are authorized to be appropriated to the Secretary of Health and Human Services $20,000,000 for fiscal year 2000 and $20,000,000 for fiscal year 2001. (c) Authorization of Appropriations to the President.--To carry out the purposes of section 8(b), there are authorized to be appropriated to the President $20,000,000 for fiscal year 2000 and $20,000,000 for fiscal year 2001. (d) Prohibition.--Funds made available to carry out this Act shall not be available for the procurement of weapons or ammunition.

International Trafficking of Women and Children Victim Protection Act of 1999 - Establishes within the Department of State in the Office of the Secretary of State an Inter-Agency Task Force to Monitor and Combat Trafficking. (Defines "trafficking" as the use of deception, coercion, debt bondage, the threat of force, or the abuse of authority to recruit, transport within or across borders, purchase, sell, transfer, receive, or harbor a person for the purpose of placing or holding such person, whether for pay or not, in involuntary servitude, slavery, or slavery-like conditions or in forced, bonded, or coerced labor.) Directs the Secretary of State to: (1) report annually, with the assistance of the Task Force, to Congress describing the status of international trafficking; and (2) ensure that U.S. missions abroad maintain a consistent reporting standard and thoroughly investigate reports of trafficking. Requires U.S. mission personnel to seek out and maintain contacts with human rights and other nongovernmental organizations, including receiving reports and updates from such organizations and, when appropriate, investigating such reports. Makes any government of a foreign country identified in the latest report as one that has failed to take effective action towards ending the participation of its officials in trafficking and that has failed to investigate and meaningfully prosecute those officials found to be involved, ineligible for police assistance, subject to a presidential waiver if in the U.S. national interest. Amends the Immigration and Nationality Act to provide for a nonimmigrant classification for trafficking victims. Provides for a waiver of grounds for ineligibility for admission with respect to such an individual if the Attorney General considers it to be in the national interest to do so. Directs the Attorney General and the Secretary of State to jointly promulgate trafficking regulations for law enforcement personnel, immigration officials, and Foreign Service officers concerning response training and victim treatment and protection. Authorizes: (1) the Secretary of Health and Human Services (HHS) to provide, through the Office of Refugee Resettlement, assistance to trafficking victims and their children in the United States; and (2) the President to provide programs and activities to assist trafficking victims and their children abroad. Authorizes appropriations for the Task Force, the Secretary of HHS, and the President. Bars the use of funds made available to carry out this Act for the procurement of weapons or ammunition.

International Trafficking of Women and Children Victim Protection Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tallying of the Actual Liabilities Act of 2013'' or the ``TOTAL Act of 2013''. SEC. 2. PROHIBITION ON CERTAIN UNFAIR OR DECEPTIVE ACTS OR PRACTICES RELATING TO PRICES OF PRODUCTS AND SERVICES SOLD ONLINE. (a) Retailer Defined.--In this section, the term ``retailer'' means a person-- (1) over whom the Federal Trade Commission has jurisdiction under section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)); and (2) whose business includes selling products or services. (b) Requirement for Price Transparency.--A retailer may not sell a product or a service to a person through the use of an Internet website without presenting the person with the total amount that the retailer expects to collect from the person as part of the transaction of selling the product or service to the person, including all fees, taxes, and shipping and handling charges, before the person commits to purchasing the product or service. (c) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive act or practice.--A violation of subsection (b) shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of commission.-- (A) In general.--The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. (B) Privileges and immunities.--Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Rulemaking.--The Federal Trade Commission may promulgate standards and rules to carry out this section in accordance with section 553 of title 5, United States Code. (d) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to subsection (b) or a standard or rule promulgated under this section in a practice that violates such subsection, standard, or rule, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States-- (A) to enjoin further violation of such subsection, standard, or rule by such person; (B) to compel compliance with such subsection, standard, or rule; or (C) to obtain such other injunctive relief as the court considers appropriate. (2) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Federal Trade Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission.--The Federal Trade Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Preemptive action by federal trade commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of subsection (b) or a standard or rule promulgated under this section, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (6) Actions by other state officials.-- (A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision.--Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (e) Rule of Construction.--Nothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.

Tallying of the Actual Liabilities Act of 2013 or the TOTAL Act of 2013 - Prohibits a retailer under the jurisdiction of the Federal Trade Commission (FTC) from selling a product or service through an Internet website without presenting the total transaction amount it expects to collect from the potential purchaser (including all fees, taxes, and shipping and handling charges) before the person commits to the purchase. Sets forth authority for: (1) the FTC to enforce a violation of this Act as an unfair or deceptive act or practice, and (2) states to bring civil actions on behalf of residents threatened or adversely affected by such a violation.

TOTAL Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trinity County Land Exchange Act of 2014''. SEC. 2. LAND EXCHANGE, TRINITY PUBLIC UTILITIES DISTRICT, TRINITY COUNTY, CALIFORNIA, THE BUREAU OF LAND MANAGEMENT, AND THE FOREST SERVICE. (a) Land Exchange Required.--If not later than 3 years after enactment of this Act, the Utilities District conveys to the Secretary of the Interior all right, title, and interest of the Utilities District in and to Parcel A, subject to such terms and conditions as the Secretary of the Interior may require, the Secretary of Agriculture shall convey Parcel B to the Utilities District, subject to such terms and conditions as the Secretary of Agriculture may require, including the reservation of easements for all roads and trails considered to be necessary for administrative purposes and to ensure public access to National Forest System lands. (b) Availability of Maps and Legal Descriptions.--Maps are entitled ``Trinity County Land Exchange Act of 2014 - Parcel A'' and ``Trinity County Land Exchange Act of 2014 - Parcel B'', both dated March 24, 2014. The maps shall be on file and available for public inspection in the Office of the Chief of the Forest Service and the appropriate office of the Bureau of Land Management. With the agreement of the parties to the conveyances under subsection (a), the Secretary of the Interior and the Secretary of Agriculture may make technical corrections to the maps and legal descriptions. (c) Equal Value Exchange.-- (1) Land exchange process.--The land exchange under this section shall be an equal value exchange. Except as provided in paragraph (3), the Secretary of the Interior and the Secretary of Agriculture shall carry out the land exchange in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). (2) Appraisal of parcels.--The values of Parcel A and Parcel B shall by determined by appraisals performed by a qualified appraiser mutually agreed to by the parties to the conveyances under subsection (a). The appraisals shall be approved by the Secretary of Interior and the Secretary of Agriculture and conducted in conformity with the Uniform Appraisal Standards for Federal Land. (3) Cash equalization.--If the values of Parcel A and Parcel B are not equal, the values may be equalized through the use of a cash equalization payment, however, if the final appraised value of Parcel A exceeds the value of Parcel B, the surplus value of Parcel A shall be considered to be a donation by the Utilities District. Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), a cash equalization payment may be made in excess of 25 percent of the appraised value of the Parcel B. (d) Disposition of Proceeds.-- (1) In general.--Any cash equalization payment received by the United States under subsection (c) shall be deposited in the fund established under Public Law 90-171 (16 U.S.C. 484a; commonly known as the Sisk Act). (2) Use of proceeds.--Amounts deposited under paragraph (1) shall be available to the Secretary of Agriculture, without further appropriation and until expended, for the improvement, maintenance, reconstruction, or construction of a facility or improvement for the National Forest System. (e) Survey.--The exact acreage and legal description of Parcel A and Parcel B shall be determined by a survey satisfactory to the Secretary of the Interior and the Secretary of Agriculture. (f) Costs.--As a condition of the land exchange under subsection (a), the Utilities District shall pay the costs associated with-- (1) the surveys described in subsection (e); (2) the appraisals described in subsection (c)(2); and (3) any other reasonable administrative or remediation cost determined by the Secretary of Agriculture. (g) Management of Acquired Land.--Upon the acquisition of Parcel A, the Secretary of the Interior, acting through the Redding Field Office of the Bureau of Land Management, shall administer Parcel A as public land in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and the laws and regulations applicable to public land administered by the Bureau of Land Management, except that public recreation and public access to and for recreation shall be the highest and best use of Parcel A. (h) Completion of Land Exchange.--Once the Utilities District offers to convey Parcel A to the Secretary of the Interior, the Secretary of Agriculture shall complete the conveyance of Parcel B not later than 1 year after the date of enactment of this Act. (i) Definitions.--For the purposes of this section: (1) Parcel A.--The term ``Parcel A'' means the approximately 47 acres of land, known as the ``Sky Ranch parcel'', adjacent to public land administered by the Redding Field Office of the Bureau of Land Management as depicted on the map entitled ``Trinity County Land Exchange Act of 2014 - Parcel A'', dated March 24, 2014, more particularly described as a portion of Mineral Survey 178, south Highway 299, generally located in the S1/2 of the S1/2 of Section 7 and the N1/2 of the N1/2 of Section 8, Township 33 North, Range 10 West, Mount Diablo Meridian. (2) Parcel B.--The term ``Parcel B'' means the approximately 100 acres land in the Shasta-Trinity National Forest in the State of California near the Weaverville Airport in Trinity County as depicted on the map entitled ``Trinity County Land Exchange Act of 2014 - Parcel B'' dated March 24, 2014, more particularly described as Lot 8, SW1/4 SE1/4, and S1/2 N1/2 SE, Section 31, Township 34 North, Range 9 West, Mount Diablo Meridian. (3) Utilities district.--The term ``Utilities District'' means the Trinity Public Utilities District of Trinity County, California. Passed the House of Representatives November 13, 2014. Attest: KAREN L. HAAS, Clerk.

Trinity County Land Exchange Act of 2014 - Provides for the exchange of approximately 47 acres of land known as the Sky Ranch Parcel and owned by the Trinity Public Utilities District of Trinity County, California, for approximately 100 acres of land in the Shasta-Trinity National Forest near the Weaverville Airport in Trinity County. Intends for such land exchange to be an equal value exchange. Provides for cash equalization if the parcels are not of equal value. Requires any cash equalization payment received under this Act to be deposited into the fund established under the Sisk Act and the deposited amounts to be used for the improvement, maintenance, reconstruction, or construction of a facility or improvement for the National Forest System. Requires the Bureau of Land Management (BLM) to administer the Sky Ranch parcel as public land, except that public recreation and public access to and for recreation shall be the highest and best use of such parcel.

Trinity County Land Exchange Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Political Advertising Act of 1995''. SEC. 2. ALLOCATION TO POLITICAL CANDIDATES OF FREE BROADCAST TIME FOR POLITICAL ADVERTISING. (a) Condition of License Renewal.--Section 309(h) of the Communications Act of 1934 (47 U.S.C. 309(h)) is amended by inserting before the period at the end thereof the following: ``; and (4) every television broadcast station license issued under this Act shall be subject to the free broadcast time obligations imposed by section 315(c)''. (b) Free Time Obligations.--Section 315 of the Communications Act of 1934 (47 U.S.C. 315) 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)(1) Each licensee for a television broadcasting station shall annually make available free broadcast time for political advertising in accordance with the requirements of this subsection. The Commission shall not renew the license of any licensee who substantially fails or refuses to comply with the requirements of this subsection, but such licensee shall not be subject to any other sanction or remedy for such failure or refusal. ``(2) A licensee subject to this subsection shall allot free broadcast time to each qualified political candidate in accordance with the following standards: ``(A) Such licensee shall allot an equal amount, but not less than 2 hours, of free broadcast time each even-numbered year to each qualified political candidate in a statewide or national election. In the case of a television station whose market does not encompass all of a congressional district, such licensee may apportion to each qualified candidate from such district a fraction of such 2 hours that is equal to the fraction of such district's population that resides within such market, as determined in accordance with regulations prescribed by the Commission. ``(B) The free broadcast time allotted to any candidate under subparagraph (A) shall be composed of units of varying lengths of not more than 5 minutes nor less than 10 seconds, as determined by negotiation between such organization and the licensee. ``(C) The broadcast time allotted by any licensee shall be allotted so that-- ``(i) at least one-half is broadcast during the hours of 7:00 p.m. to 10:00 p.m.; ``(ii) during any election year, at least two- thirds is broadcast during the 2 months immediately preceding election day and at least one-half is broadcast during the 3 weeks immediately preceding election day; ``(iii) each qualified candidate is allotted free broadcast time that is comparable, by time of day and day of week, to the time allotted to other qualified candidates for the same office; and ``(iv) no broadcaster shall allot more than 4\1/2\ hours per week of free broadcast time for political advertising and, if the amount of time required to or allotted by this paragraph would exceed 4\1/2\ hours, the time required to be allotted each qualified candidate shall be reduced proportionately. ``(D) The broadcast time shall be used solely for programming consisting of unedited segments in which the candidate speaks directly to the camera. ``(3) A candidate shall be treated as a qualified political candidate for purposes of paragraph (2)(A) if the candidate's party, in the most recent statewide or national election, received more than 2 percent of the total number of votes. ``(4) A licensee allots free broadcast time as required by this subsection by broadcasting statements without remuneration or compensation in any form, whether by public or private funds, tax deduction or credit, or otherwise. ``(5) Nothing in this subsection, and no use of free broadcast time allotted under this subsection, shall be construed to restrict or otherwise affect the purchase of advertising time under subsection (b) of this section.''. SEC. 3. CABLE BROADCASTING OF POLITICAL ADVERTISING. Section 611 of the Communications Act of 1934 (47 U.S.C. 531) is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ``(f) A cable operator shall annually make available free cable time for political advertising in accordance with the requirements of regulations prescribed by the Commission. Such regulations shall, to the extent practicable, require each such cable operator to provide such free cable time in the same amounts and manner, to the same eligible political candidates, and subject to the same conditions as free broadcast time is required to be provided by television broadcast station licensees under section 315(c) of the Act. No franchise authority shall renew the franchise of any cable operator that fails to comply with such regulations, but such operator shall not be subject to any other sanction or remedy for such failure or refusal.''.

Fairness in Political Advertising Act of 1995 - Amends the Communications Act of 1934 to require each licensee for a television broadcasting station to make available free broadcast time in each even-numbered year for political advertising. Provides standards for time allotment, including total time to be allotted, the length of each unit of such free time, the hours of the day and the time of the year in which such free time must be allowed, a limitation on such free time, and the use of such free time. Requires candidates meeting certain minimum qualifying standards to be treated equally for purposes of such allotment. Provides that nothing in this Act shall restrict a candidate's right to purchase other broadcast time on such station. Requires a cable operator to make available annually free cable time for political advertising under similar requirements. Prohibits the renewal of the license of any television broadcast station licensee, or the franchise of any cable operator, that fails to comply with such requirements.

Fairness in Political Advertising Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tobacco Use Prevention and Public Health Act of 1999''. SEC. 2. WAIVER OF RECOUPMENT OF MEDICAID TOBACCO-RELATED RECOVERIES. (a) In General.--Section 1903(d)(3) of the Social Security Act (42 U.S.C. 1396b(d)(3)) is amended-- (1) by inserting ``(A)'' before ``The''; and (2) by adding at the end the following: ``(B) Subparagraph (A) and paragraph (2)(B) shall not apply to any amount recovered or paid to a State as part of a settlement or judgment reached in litigation initiated or pursued by a State against one or more manufacturers of tobacco products, as defined in section 5702(d) of the Internal Revenue Code of 1986, if (and to the extent that), with respect to amounts recovered or paid to a State in a fiscal year, the Secretary finds that following conditions are met: ``(i) The State will spend at least 25 percent of the amounts so recovered or paid in any fiscal year on tobacco control activities in accordance with subparagraph (C). ``(ii) The State will spend at least 25 percent of the amounts so recovered or paid in any fiscal year for health activities, including public health activities and expenditures described in subparagraph (D), but excluding amounts expended to meet the requirement of clause (i). ``(iii)(I) Subject to subclause (II), the amounts described in clauses (i) and (ii) will be spent only in a manner that supplements (and does not supplant) funds previously being spent by the State (or local governments in the State) for such or similar activities. ``(II) At the request of a State, the Secretary may waive the requirement of subclause (I), with respect to not supplanting State and local government expenditures for tobacco control activities, to the extent that the total level of such expenditures (taking into account expenditures required under clause (i)) is sufficient to provide for a well-funded, effective program of tobacco control in the State. ``(C) For purposes of subparagraph (B)(i), expenditures for tobacco control activities are made in accordance with this subparagraph if-- ``(i) the expenditures are made for any (or all) of the following activities: ``(I) Activities to reduce the use of tobacco products using methods that have been shown to be effective, such as tobacco use cessation programs, State or local counter-marketing programs, enforcement of laws relating to tobacco products, community-based programs to discourage the use of tobacco products, and school-based and child-oriented education programs to discourage the use of tobacco products, and for ongoing evaluations of these programs. ``(II) Activities to fund research related to nicotine addiction, tobacco use cessation, and prevention of the use of tobacco products, including surveillance and epidemiology research related to tobacco. ``(III) Activities to assist in economic development efforts designed to aid tobacco farmers and workers and communities as they transition to a more broadly diversified economy; and ``(ii) the expenditures include an annual contribution by the State of its pro rata share for the National Tobacco Use Prevention Program (under section 3 of the Tobacco Use Prevention and Public Health Act of 1999). ``(D) For purposes of subparagraph (B)(ii), the expenditures described in this subparagraph are State expenditures for outreach activities in enrolling individuals under this title and State expenditures for medical assistance with respect to individuals who are eligible for such assistance only on the basis of a State plan amendment approved on or after January 1, 1999. ``(E)(i) For purposes of subparagraph (C)(ii), a State's `pro rata share' for a fiscal year is equal to $605,000,000 (or, if less, the sum of the amounts provided under subsections (a), (b), and (c) of section 3 of the Tobacco Use Prevention and Public Health Act of 1999 for the fiscal year) multiplied by the ratio of (I) the amount of the State's aggregate recoveries or payments described in subparagraph (B) for the fiscal year, to (II) the total of such aggregate recoveries or payments for all the States for the fiscal year. ``(ii) Amounts contributed under subparagraph (C)(ii) shall be deposited in a separate account in the Treasury to be known as the `National Tobacco Use Prevention Account'. Amounts in such Account shall remain available until expended for obligation under section 3 of the Tobacco Use Prevention and Public Health Act of 1999. ``(F) For purposes of applying subparagraph (B) for amounts described in such subparagraph recovered or paid in a fiscal year before fiscal year 2000, such amounts shall be treated as being recovered or paid in fiscal year 2000.''. (b) Effective Date.--The amendments made by subsection (a) apply to amounts recovered or paid to a State before, on, or after the date of enactment of this Act. SEC. 3. NATIONAL TOBACCO USE PREVENTION PROGRAM. (a) National Public Awareness Campaign.--There shall be made available from the National Tobacco Use Prevention Account (provided for under section 1903(d)(3)(B)(E)(ii) of the Social Security Act) to the Secretary of Health and Human Services, without fiscal year limitation, $500,000,000 for each fiscal year (beginning with fiscal year 2000) to implement a national public awareness campaign to discourage the use of tobacco products. (b) National Program To Reduce Tobacco Use by Minority Groups.-- There shall be made available from such National Tobacco Use Prevention Account to such Secretary, without fiscal year limitation, $100,000,000 for each fiscal year (beginning with fiscal year 2000) to implement the recommendations contained in the 1998 report by the Surgeon General entitled ``Tobacco Use Among U.S. Racial/Ethnic Minority Groups''. The Secretary shall implement such recommendations through the Deputy Assistant Secretary for Minority Health and in consultation with an advisory committee composed of individuals from the private sector who are experienced with respect to minority health concerns. (c) National Economic Stabilization Program for Tobacco Farmers.-- There shall be made available from such National Tobacco Use Prevention Account to the Secretary of Agriculture, without fiscal year limitation, $5,000,000 for each fiscal year (beginning with fiscal year 2000 and ending with fiscal year 2005) to promulgate and enforce regulations to provide economic stabilization for tobacco farmers. Such regulations-- (1) shall provide that any manufacturer of tobacco products in the United States which purchases (or which controls a person who purchases) tobacco grown in a foreign country in any year, beginning with 2000 and ending with 2004, may not reduce in such year its level of purchases of tobacco from farmers in the United States below the level of such purchases in 1997; (2) may be enforced through an action brought by such Secretary in an appropriate district court of the United States to enjoin any failure to comply with such regulations or to impose a civil penalty for such failure to comply of not more than $25,000 per day of violation; and (3) shall not apply to purchases made on or after January 1, 2005. (d) Adjustment.--If the aggregate amount deposited into such National Tobacco Use Prevention Account for a fiscal year is less than the sum of the amounts specified under subsections (a), (b), and (c) for that fiscal year, the amounts so specified shall be reduced in a pro-rata manner so that the total of such amounts for the fiscal year is equal to the aggregate amount so deposited for the fiscal year.

Tobacco Use Prevention and Public Health Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act to prohibit as the treatment of an overpayment for Medicaid-related purposes any amount recovered or paid to a State as part of a settlement or judgment reached in litigation initiated or pursued by the State against one or more manufacturers of tobacco products (recovered amounts), if (and to the extent that), with respect to such recovered amounts in a fiscal year, the Secretary of Health and Human Services (HHS) finds that specified conditions will be met, including that the State will use at least 25 percent of recovered amounts for a fiscal year on: (1) specified tobacco control activities, including certain tobacco use reduction activities such as tobacco use cessation programs and school-based and child-oriented education programs to discourage tobacco use, as well as the enforcement of laws relating to tobacco products; and (2) health activities, including public health activities, which include State expenditures for outreach activities. Includes further among such activities: (1) tobacco-related research concerning nicotine addiction; and (2) activities to assist tobacco farmers and workers and communities as they transition to a more broadly diversified economy. Creates the National Tobacco Use Prevention Program (NTUPP), composed of various specified HHS and Department of Agriculture (DOA) subprogram and public awareness campaign components. Includes subprograms to reduce tobacco use by minorities (HHS) and to provide economic stabilization for tobacco farmers (DOA) within NTUPP. Establishes in the Treasury the National Tobacco Use Prevention Account, subject to a specified fiscal year adjustment.

Tobacco Use Prevention and Public Health Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hunting Heritage and Fishing Preservation Act of 2004''. TITLE I--HUNTING HERITAGE PROTECTION SEC. 101. SHORT TITLE. This title may be cited as the ``Hunting Heritage Protection Act''. SEC. 102. FINDINGS. The Congress finds the following: (1) Recreational hunting is an important and traditional recreational activity in which 13,000,000 people in the United States 16 years of age and older participate. (2) Hunters have been and continue to be among the foremost supporters of sound wildlife management and conservation practices in the United States. (3) Persons who hunt and organizations relating to hunting provide direct assistance to wildlife managers and enforcement officers of the Federal Government and State and local governments. (4) Purchases of hunting licenses, permits, and stamps and excise taxes on goods used by hunters have generated billions of dollars for wildlife conservation, research, and management. (5) Recreational hunting is an essential component of effective wildlife management by-- (A) reducing conflicts between people and wildlife; and (B) providing incentives for the conservation of-- (i) wildlife; and (ii) habitats and ecosystems on which wildlife depend. (6) Each State has established at least 1 agency staffed by professionally trained wildlife management personnel that has legal authority to manage the wildlife in the State. (7) Recreational hunting is an environmentally acceptable activity that occurs and can be provided for on Federal public land without adverse effects on other uses of the land. SEC. 103. DEFINITIONS. In this title: (1) Agency head.--The term ``agency head'' means the head of any Federal agency that has authority to manage a natural resource or Federal public land on which a natural resource depends. (2) Federal public land.-- (A) In general.--The term ``Federal public land'' means any land or water that is-- (i) publicly accessible; (ii) owned by the United States; and (iii) managed by an executive agency for purposes that include the conservation of natural resources. (B) Exclusion.--The term ``Federal public land'' does not include any land held in trust for the benefit of an Indian tribe or member of an Indian tribe. (3) Hunting.--The term ``hunting'' means the lawful-- (A) pursuit, trapping, shooting, capture, collection, or killing of wildlife; or (B) attempt to pursue, trap, shoot, capture, collect, or kill wildlife. SEC. 104. RECREATIONAL HUNTING. (a) In General.--Subject to valid existing rights, Federal public land shall be open to access and use for recreational hunting except as limited by-- (1) the agency head with jurisdiction over the Federal public land-- (A) for reasons of national security; (B) for reasons of public safety; or (C) for any other reasons for closure authorized by applicable Federal law; and (2) any law (including regulations) of the State in which the Federal public land is located that is applicable to recreational hunting. (b) Management.--Consistent with subsection (a), each agency head shall manage Federal public land under the jurisdiction of the agency head-- (1) in a manner that supports, promotes, and enhances recreational hunting opportunities; (2) to the extent authorized under State law (including regulations); and (3) in accordance with applicable Federal law (including regulations). (c) No Net Loss.-- (1) In general.--Federal public land management decisions and actions should, to the maximum extent practicable, result in no net loss of land area available for hunting opportunities on Federal public land. (2) Annual report.--Not later than October 1 of each year, each agency head with authority to manage Federal public land on which recreational hunting occurs shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (A)(i) any Federal public land administered by the agency head that was closed to recreational hunting at any time during the preceding year; and (ii) the reason for the closure; and (B) areas administered by the agency head that were opened to recreational hunting to compensate for the closure of the areas described in subparagraph (A)(i). (3) Closures of 5,000 or more acres.--The withdrawal, change of classification, or change of management status that effectively closes 5,000 or more acres of Federal public land to access or use for recreational hunting shall take effect only if, before the date of withdrawal or change, the agency head that has jurisdiction over the Federal public land submits to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate written notice of the withdrawal or change. (d) Areas not Affected.--Nothing in this title compels the opening to recreational hunting of national parks or national monuments under the jurisdiction of the Secretary of the Interior. (e) No Priority.--Nothing in this title requires a Federal agency to give preference to hunting over other uses of Federal public land or over land or water management priorities established by Federal law. (f) Authority of the States.-- (1) Savings.--Nothing in this title affects the authority, jurisdiction, or responsibility of a State to manage, control, or regulate fish and wildlife under State law (including regulations) on land or water in the State, including Federal public land. (2) Federal licenses.--Nothing in this title authorizes an agency head to require a license or permit to hunt, fish, or trap on land or water in a State, including on Federal public land in the State. (3) State right of action.-- (A) In general.--Any State aggrieved by the failure of an agency head or employee to comply with this title may bring a civil action in the United States District Court for the district in which the failure occurs for a permanent injunction. (B) Preliminary injunction.--If the district court determines, based on the facts, that a preliminary injunction is appropriate, the district court may grant a preliminary injunction. (C) Court costs.--If the district court issues an injunction under this paragraph or otherwise finds in favor of the State, the district court shall award to the State any reasonable costs of bringing the civil action (including an attorney's fee). TITLE II--FREEDOM TO FISH SEC. 201. SHORT TITLE. This title may be cited as the ``Freedom to Fish Act''. SEC. 202. FINDINGS. The Congress finds the following: (1) Recreational fishing is traditionally the most popular outdoor sport with more than 50,000,000 participants of all ages, in all regions of the country. (2) Recreational anglers makes a substantial contribution to local, State, and national economies and infuse $116,000,000,000 annually into the national economy. (3) In the United States, more than 1,200,000 jobs are related to recreational fishing, a number that is approximately 1 percent of the entire civilian workforce in the United States. In communities that rely on seasonal tourism, the expenditures of recreational anglers result in substantial benefits to the local economies and small businesses in those communities. (4) Recreational anglers have long demonstrated a conservation ethic. In addition to payment of Federal excise taxes on fishing equipment, motorboats and fuel, as well as license fees, recreational anglers contribute more than $500,000,000 annually to State fisheries conservation management programs and projects. (5) It is a long-standing policy of the Federal Government to allow public access to public lands and waters for recreational purposes in a manner that is consistent with principles of sound conservation. This policy is reflected in the National Forest Management Act of 1976, the Wilderness Act, the Wild and Scenic Rivers Act, and the National Parks and Recreation Act of 1978. (6) In most instances, recreational fishery resources can be maintained without restricting public access to fishing areas through a variety of management measures including take limits, minimum size requirements, catch and release requirements, gear adaptations, and closed seasons. (7) A clear policy is required to demonstrate to recreational anglers that recreational fishing can be managed without unnecessarily prohibiting such fishing. (8) A comprehensive policy on the implementation, use, and monitoring of marine protected areas is required to maintain the optimum balance between recreational fishing and sustaining recreational fishery resources. SEC. 203. POLICY. It is the policy of the United States to promote sound conservation of fishery resources by ensuring that-- (1) Federal regulations promote access to fishing areas by recreational anglers to the maximum extent practicable; (2) recreational anglers are actively involved in the formulation of any regulatory procedure that contemplates imposing restrictions on access to a fishing area; and (3) limitations on access to fishing areas by recreational anglers are not imposed unless such limitations are scientifically necessary to provide for the conservation of a fishery resource. SEC. 204. LIMITATION ON CLOSURES UNDER MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT. Section 303(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)) is amended by striking ``and'' after the semicolon at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ``; and'', and by adding at the end the following: ``(15) not establish geographic areas where recreational fishing is prohibited unless-- ``(A) clear indication exists that recreational fishing in such area is the cause of a specific conservation problem in the fishery; ``(B) no alternative conservation measures related to recreational fishing, such as gear restrictions, quotas, or closed seasons will adequately provide for conservation and management of the fishery; ``(C) the management plan-- ``(i) provides for specific measurable criteria to assess whether the prohibition provides conservation benefits to the fishery; and ``(ii) requires a periodic review to assess the continued need for the prohibition not less than once every 3 years; ``(D) the best available scientific information supports the need to close the area to recreational fishing; and ``(E) the prohibition is terminated as soon as the condition in subparagraph (A) that was the basis of the prohibition no longer exists.''.

Hunting Heritage and Fishing Preservation Act of 2004 - Hunting Heritage Protection Act - Requires that Federal public lands be open to access and use for recreational hunting with certain exceptions. Directs the head of each relevant Federal agency to support, promote, and enhance recreational hunting opportunities. Declares that Federal land management decisions and actions should, to the extent practicable, result in no net loss of land area available for hunting opportunities on Federal public lands. Prohibits a withdrawal, change of classification, or change of management status that effectively closes 5,000 or more acres of Federal public land for use for recreational hunting from occurring unless the head of the Federal agency with authority to manage the land has submitted written notice of the action to specified congressional committees. Freedom to Fish Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require that any fishery management plan, which is prepared by any Council or by the Secretary of Commerce, not establish geographic areas where recreational fishing is prohibited unless: (1) clear indication exists that recreational fishing in such area is the cause of a specific conservation problem; (2) no alternative conservation measures will adequately provide for conservation and management of the fishery; (3) the management plan provides for specific measurable criteria to assess whether the prohibition provides conservation benefits to the fishery, and requires periodic review to assess the continued need for the prohibition; (4) the best available scientific information supports the need to close the area to recreational fishing; and (5) the prohibition is terminated as soon as the condition that was the basis of the prohibition no longer exists.

To recognize the heritage of hunting and provide opportunities for continued hunting on Federal public land, to protect the public's ability to fish for sport, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting America's Communities Act''. SEC. 2. INELIGIBILITY FOR ADMISSION OR PAROLE. Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended-- (1) in subsection (a)(3), by adding at the end the following: ``(G) Guantanamo bay detainees.--An alien who, as of January 1, 2009, was being detained by the Department of Defense at Guantanamo Bay Naval Base, is inadmissible.''; and (2) in subsection (d)-- (A) in paragraph (1), by inserting ``or (5)(B)''; and (B) in paragraph (5)(B), by adding at the end the following: ``The Attorney General may not parole any alien who, as of January 1, 2009, was being detained by the Department of Defense at Guantanamo Bay Naval Base.''. SEC. 3. DETENTION AUTHORITY. Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended-- (1) by striking ``Attorney General'' each place it appears, except for the first reference in paragraph (4)(B)(i), and inserting ``Secretary of Homeland Security''; and (2) by adding at the end the following: ``(8) Guantanamo bay detainees.-- ``(A) Certification requirement.--An alien ordered removed who, as of January 1, 2009, was being detained by the Department of Defense at Guantanamo Bay Naval Base, shall be detained for an additional 6 months beyond the removal period (including any extension under paragraph (1)(C)) if the Secretary of Homeland Security certifies that-- ``(i) the alien cannot be removed due to the refusal of all countries designated by the alien or under this section to receive the alien; and ``(ii) the Secretary is making reasonable efforts to find alternative means for removing the alien. ``(B) Renewal and delegation of certification.-- ``(i) Renewal.--The Secretary may renew a certification under subparagraph (A) without limitation after providing the alien with an opportunity to-- ``(I) request reconsideration of the certification; and ``(II) submit documents or other evidence in support of the reconsideration request. ``(ii) Delegation.--Notwithstanding section 103, the Secretary may not delegate the authority to make or renew a certification under this paragraph to an official below the level of the Assistant Secretary for Immigration and Customs Enforcement. ``(C) Ineligibility for bond or parole.--No immigration judge or official of United States Immigration and Customs Enforcement may release from detention on bond or parole any alien described in subparagraph (A).''. SEC. 4. ASYLUM INELIGIBILITY. Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is amended by adding at the end the following: ``(E) Guantanamo bay detainees.--Paragraph (1) shall not apply to any alien who, as of January 1, 2009, was being detained by the Department of Defense at Guantanamo Bay Naval Base.''. SEC. 5. MANDATORY DETENTION OF ALIENS FROM GUANTANAMO BAY NAVAL BASE. Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is amended-- (1) in each of subparagraphs (A) and (B), by striking the comma at the end and inserting a semicolon; (2) in subparagraph (C), by striking ``, or'' and inserting a semicolon; (3) in subparagraph (D), by striking the comma at the end and inserting ``; or''; and (4) by inserting after subparagraph (D) the following: ``(A) as of January 1, 2009, was being detained by the Department of Defense at Guantanamo Bay Naval Base.''. SEC. 6. STATEMENT OF AUTHORITY. (a) In General.--Congress reaffirms that-- (1) the United States is in an armed conflict with al Qaeda, the Taliban, and associated forces; and (2) the entities referred to in paragraph (1) continue to pose a threat to the United States and its citizens, both domestically and abroad. (b) Authority.--Congress reaffirms that the President is authorized to detain enemy combatants in connection with the continuing armed conflict with al Qaeda, the Taliban, and associated forces until the termination of such conflict, regardless of the place at which they are captured. (c) Rule of Construction.--The authority described in this section may not be construed to alter or limit the authority of the President under the Constitution of the United States to detain enemy combatants in the continuing armed conflict with al Qaeda, the Taliban, and associated forces, or in any other armed conflict.

Protecting America's Communities Act - Amends the Immigration and Nationality Act to prohibit the admission, asylum entry, or parole entry into the United States of an alien who, as of January 1, 2009, was being detained by the Department of Defense (DOD) at Guantanamo Bay Naval Base. Requires the additional six-month detainment of such an alien ordered removed if the Secretary of Homeland Security (DHS) certifies that: (1) the alien cannot be removed due to the refusal of all countries designated by the alien to receive the alien; and (2) the Secretary is making reasonable efforts to find alternative means for removing the alien. Authorizes the Secretary to renew such certification after providing the alien with an opportunity to request and provide evidentiary support for reconsideration of the detainment certification. Prohibits: (1) an immigration judge or official of United States Immigration and Customs Enforcement from releasing a detained alien on bond or parole; and (2) the Secretary from delegating certification authority to an official below the level of the Assistant Secretary for Immigration and Customs Enforcement. Directs the Attorney General to take into custody upon release an alien who, as of January 1, 2009, was being detained by DOD at Guantanamo Bay Naval Base. Reaffirms that: (1) the United States is in an armed conflict with Al Qaeda, the Taliban, and associated forces; and (2) the President is authorized to detain enemy combatants in connection with such conflict regardless of their place of capture.

A bill to protect the national security of the United States by limiting the immigration rights of individuals detained by the Department of Defense at Guantanamo Bay Naval Base.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Remote Monitoring Access Act of 2005''. SEC. 2. COVERAGE OF REMOTE PATIENT MANAGEMENT SERVICES FOR CHRONIC HEALTH CARE CONDITIONS. (a) In General.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (Y), by striking ``and'' at the end; (2) in subparagraph (Z), by inserting ``and'' at the end; and (3) by inserting after subparagraph (Z) the following new subparagraph: ``(AA) remote patient management services (as defined in subsection (bbb));''. (b) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Remote Patient Management Services ``(bbb)(1) The term `remote patient management services' means the remote monitoring and management of an individual with a covered chronic health condition (as defined in paragraph (2)) through the utilization of a system of technology that allows a remote interface to collect and transmit clinical data between the individual and the responsible physician or supplier for the purposes of clinical review or response by the physician or supplier. ``(2) For purposes of paragraph (1), the term `covered chronic health condition' includes-- ``(A) heart failure; ``(B) diabetes; ``(C) cardiac arrhythmia; and ``(D) any other chronic condition determined by the Secretary to be appropriate for treatment through remote patient management services. ``(3)(A) The Secretary, in consultation with appropriate physician groups, may develop guidelines on the frequency of billing for remote patient management services. Such guidelines shall be determined based on medical necessity and shall be sufficient to ensure appropriate and timely monitoring of individuals being furnished such services. ``(B) The Secretary, acting through the Agency for Health Care Research and Quality, shall do the following: ``(i) Not later than 1 year after the date of enactment of the Remote Monitoring Access Act of 2005, develop, in consultation with appropriate physician groups, a standard of care and quality standards for remote patient management services for the covered chronic health conditions specified in subparagraphs (A), (B), and (C) of paragraph (2). ``(ii) If the Secretary makes a determination under paragraph (2)(D) with respect to a chronic condition, develop, in consultation with appropriate physician groups, a standard of care and quality standards for remote patient management services for such condition within 1 year of such determination. ``(iii) Periodically review and update such standards of care and quality standards under this subparagraph as necessary.''. (c) Payment Under the Physician Fee Schedule.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended-- (1) in subsection (c)(2)-- (A) in subparagraph (B)-- (i) in clause (ii)(II), by striking ``clause (iv)'' and inserting ``clauses (iv) and (v)''; and (ii) by adding at the end the following new clause: ``(v) Budgetary treatment of certain services.--The additional expenditures attributable to services described in section 1861(s)(2)(AA) shall not be taken into account in applying clause (ii)(II) for 2006.''; and (B) by adding at the end the following new paragraph: ``(7) Treatment of remote patient management services.--In determining relative value units for remote patient management services (as defined in section 1861(bbb)), the Secretary, in consultation with appropriate physician groups, shall take into consideration-- ``(A) costs associated with such services, including physician time involved, installation and information transmittal costs, costs of remote patient management technology (including devices and software), and resource costs necessary for patient monitoring and follow-up (but not including costs of any related item or non-physician service otherwise reimbursed under this title); and ``(B) the level of intensity of services provided, based on-- ``(i) the frequency of evaluation necessary to manage the individual being furnished the services; ``(ii) the amount of time necessary for, and the complexity of, the evaluation, including the information that must be obtained, reviewed, and analyzed; and ``(iii) the number of possible diagnoses and the number of management options that must be considered.''; and (2) in subsection (j)(3), by inserting ``(2)(AA),'' after ``(2)(W),''. (d) Incentive Payments.--Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following new subsection: ``(v) Incentive for Meeting Certain Standards of Care and Quality Standards in the Furnishing of Remote Patient Management Services.--In the case of remote patient management services (as defined in section 1861(bbb)) that are furnished by a physician who the Secretary determines meets or exceeds the standards of care and quality standards developed by the Secretary under paragraph (3)(B) of such section for such services, in addition to the amount of payment that would otherwise be made for such services under this part, there shall also be paid to the physician (or to an employer or facility in cases described in clause (A) of section 1842(b)(6)) (on a monthly or quarterly basis) from the Federal Supplementary Medical Insurance Trust Fund an amount equal to 10 percent of the payment amount for the service under this part.''. (e) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2006.

Remote Monitoring Access Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of remote patient management services for chronic health care conditions.

A bill to amend title XVIII of the Social Security Act to provide for coverage of remote patient management services for chronic health care conditions under the Medicare program.

SECTION 1. TEMPORARY WINDFALL PROFITS TAX. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 56--TEMPORARY WINDFALL PROFITS ON CRUDE OIL ``Sec. 5896. Imposition of tax. ``Sec. 5897. Windfall profit; removal price; adjusted base price; qualified investment. ``Sec. 5898. Special rules and definitions. ``SEC. 5896. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, there is hereby imposed on any integrated oil company (as defined in section 291(b)(4)) an excise tax equal to 50 percent of the windfall profit from all barrels of taxable crude oil removed from the property during taxable years beginning in 2005. ``(b) Fractional Part of Barrel.--In the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel. ``(c) Tax Paid by Producer.--The tax imposed by this section shall be paid by the producer of the taxable crude oil. ``SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; ADJUSTED BASE PRICE. ``(a) General Rule.--For purposes of this chapter, the term `windfall profit' means the excess of the removal price of the barrel of taxable crude oil over the adjusted base price of such barrel. ``(b) Removal Price.--For purposes of this chapter-- ``(1) In general.--Except as otherwise provided in this subsection, the term `removal price' means the amount for which the barrel of taxable crude oil is sold. ``(2) Sales between related persons.--In the case of a sale between related persons, the removal price shall not be less than the constructive sales price for purposes of determining gross income from the property under section 613. ``(3) Oil removed from property before sale.--If crude oil is removed from the property before it is sold, the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. ``(4) Refining begun on property.--If the manufacture or conversion of crude oil into refined products begins before such oil is removed from the property-- ``(A) such oil shall be treated as removed on the day such manufacture or conversion begins, and ``(B) the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. ``(5) Property.--The term `property' has the meaning given such term by section 614. ``(c) Adjusted Base Price Defined.--For purposes of this chapter, the term `adjusted base price' means $40 for each barrel of taxable crude oil. ``SEC. 5898. SPECIAL RULES AND DEFINITIONS . ``(a) Withholding and Deposit of Tax.--The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896 on any taxable crude oil. ``(b) Records and Information.--Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil) with respect to such oil as the Secretary may by regulations prescribe. ``(c) Return of Windfall Profit Tax.--The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. ``(d) Definitions.--For purposes of this chapter-- ``(1) Producer.--The term `producer' means the holder of the economic interest with respect to the crude oil. ``(2) Crude oil.-- ``(A) In general.--The term `crude oil' includes crude oil condensates and natural gasoline. ``(B) Exclusion of newly discovered oil.--Such term shall not include any oil produced from a well drilled after the date of the enactment of the chapter, except with respect to any oil produced from a well drilled after such date on any proven oil or gas property (within the meaning of section 613A(c)(9)(A)). ``(3) Barrel.--The term `barrel' means 42 United States gallons. ``(e) Adjustment of Removal Price.--In determining the removal price of oil from a property in the case of any transaction, the Secretary may adjust the removal price to reflect clearly the fair market value of oil removed. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter.''. (b) Clerical Amendment.--The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Chapter 56. Temporary Windfall Profit on Crude Oil.''. (c) Deductibility of Windfall Profit Tax.--The first sentence of section 164(a) of the Internal Revenue Code of 1986 (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The windfall profit tax imposed by section 5896.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning in 2005. SEC. 2. HOUSEHOLD REBATE. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application in the case of abatements, credits, and refunds) is amended by adding at the end the following new section: ``SEC. 6430. HOUSEHOLD REBATE. ``(a) General Rule.--Except as otherwise provided in this section, each individual shall be treated as having made a payment against the tax imposed by chapter 1 for the taxable year beginning in 2005 in an amount equal to $450. ``(b) Remittance of Payment.--The Secretary shall remit to each taxpayer the payment described in subsection (a) not later than March 1, 2006. ``(c) Certain Persons Not Eligible.--This section shall not apply to-- ``(1) any taxpayer who did not have any adjusted gross income for the preceding taxable year or whose adjusted gross income for such preceding taxable year exceeded $40,000, ``(2) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for the taxable year beginning in 2005, ``(3) any estate or trust, or ``(4) any nonresident alien individual.''. (b) Conforming Amendment.--Section 1324(b)(2) of title 31, United States Code, is amended by inserting before the period ``, or from section 6430''. (c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 6430. Household rebate.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Amends the Internal Revenue Code to: (1) impose an excise tax on integrated oil companies for 50% of their windfall profit from the sale of all barrels of taxable crude oil for taxable years beginning in 2005; (2) allow a tax deduction for the payment of any such windfall profit tax; and (3) grant certain individual taxpayers with adjusted gross incomes not exceeding $40,000 an income tax rebate of $450. Requires payment of such rebate not later than March 1, 2006. Defines "windfall profit" as the excess of the removal (sales) price of a barrel of taxable crude oil over the adjusted base price ($40 per barrel) of such barrel.

A bill to impose a temporary windfall profits tax on crude oil and provide a rebate to each household from the revenues resulting from such tax.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Commission on Women Act of 2009''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Presidential Commission on Women'' (hereinafter in this Act referred to as the ``Commission''). SEC. 3. FINDINGS AND POLICY. Congress makes the following findings and statement of policy: (1) It is the role of Government to examine the circumstances that contribute to discrimination, inequality, and economic hardship faced by women throughout the country. (2) It is the role of Government to establish initiatives and programs that promote equality for women, and protect against discrimination of women, in all areas of public and private life. (3) Women in our country continue to face inequalities and discrimination in many areas of public and private life, including but not limited to these examples: (A) The United States ranks 71st in the world in the number of women in elected office. In 2009, women make up 17 percent of Congress and 24 percent of State legislative office-holders. Women of color make up 4 percent of Congress and 2 percent of State legislative office-holders. (B) Women earn 77 cents on the dollar compared to men. African-American women earn 69 cents on the dollar compared to men. Latinas earn 59 cents compared to men. (C) Of workers earning minimum wage, 68 percent are women. Of workers earning less than the minimum wage, 69 percent are women. Nineteen percent of women, as compared to 10 percent of men, have annual family incomes of less than $19,000. Of Fortune 500 CEOs, 2 percent are women. (D) With only 76 percent of women in the labor force, the United States ranks sixth from the bottom among industrialized nations. Among college-educated women, the United States ranks last among industrialized nations. (E) While 57 percent of men are employed full-time, only 38 percent of women are employed full-time. Eight out of ten single-parent families are headed by women; 28 percent of people living in female-headed households are living below the poverty line. (F) There is a continuing decline in mothers' employment largely due to a lack of support for working parents, such as sufficient paid time off, subsidized child care, or flexible working arrangements. There is also discrimination in the labor market specifically against mothers as well as weakness on the demand side of the labor market in areas that have traditionally employed large numbers of women. (G) One in every four women will experience domestic violence in her lifetime. Eighty-five percent of domestic violence victims are women. The cost of intimate partner violence exceeds $5.8 billion each year, $4.1 billion of which is for direct medical and mental health services. (H) Eighteen percent of women in the United States do not have health insurance; 36 percent of American Indian/Native Alaskan women are uninsured; 38 percent of Hispanic women do not have health insurance. (I) Women of color are disproportionately affected by the inequalities women face. (J) Gender bias and discrimination remain pervasive in almost all aspects of our culture, including but not limited to the media, family life, the workplace, sports, education, health care, the military, entertainment, and financial matters. SEC. 4. DUTIES OF THE COMMISSION. (a) Review Required.--The Commission shall hold meetings and hearings to-- (1) review the status of women nationwide, and the progress made since the establishment of the President's Commission on the Status of Women in 1961; (2) review the role of the Federal Government in aid to, and the promotion of women; and (3) review data collection procedures with regard to women Federal initiatives and procurement, with a view toward recommending improvements. (b) Conference.--The Commission shall, in coordination with the White House Council on Women and Girls, hold a conference (hereinafter in this Act referred to as the Conference) to assist in the review required by subsection (a). (c) Recommendations Required.--Based on the review required by subsection (a), the Commission shall make recommendations to the President and Congress and conduct oversight of implementation. SEC. 5. MEMBERSHIP. (a) In General.--The Commission shall be composed of 15 members appointed as follows: (1) Four members appointed by the President. (2) Three members appointed by the Speaker of the House of Representatives and two members appointed by the minority leader. (3) Three members appointed by the majority leader of the Senate and two members appointed by the minority leader. (4) The director of the White House Council on Women and Girls, who shall serve ex officio. (b) Qualifications.--Appointments under subsection paragraphs (1) through (3) of subsection (a) shall be made from individuals who are specially qualified to serve on the Commission by virtue of their education, training, or experience, and who are not officers or employees of the Government or Members of Congress. (c) Requirement for Appointment of Young Women.--Of the individuals appointed by President under paragraph (1), the Speaker of the House of Representatives under paragraph (2), and the majority leader of the Senate under paragraph (3) of subsection (a), at least one member appointed under each paragraph shall be a young woman between the ages of 18-24. (d) Geographical Balance.--In making the appointments under subsection (a), the appointing authorities should give consideration to achieving a geographical balance. (e) Term.--Members shall be appointed for 5 years of the Commission, except that, if any member of the Commission becomes an officer or employee of the Federal Government or a Member of Congress, such individual may continue as a member of the Commission for not longer than the 30-day period beginning on the date such individual becomes such an officer or employee or Member of Congress. (f) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (g) Pay.--Members of the Commission shall serve without pay, except members of the Commission shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out the functions of the Commission, in the same manner as persons employed intermittently in the Federal Government are allowed expenses under section 5703 of title 5, United States Code. (h) Quorum.--Eight members of the Commission shall constitute a quorum but a lesser number may hold hearings. (i) Chairperson and Vice Chairperson.--The Chairperson and Vice Chairperson of the Commission shall be designated by the President. The term of office of the Chairperson and Vice Chairperson shall be 5 years of the Commission. (j) Meetings.--The Commission shall meet not less than 4 times nor more than 6 times each year. Meetings shall be at the call of a majority of its members. SEC. 6. DIRECTOR AND STAFF OF THE COMMISSION. (a) Director and Staff.--(1) The Commission shall have a Director who shall be appointed by the Commission. The Commission, with the recommendation of the Director, may appoint and fix the pay of 4 additional personnel. (2) The Director and staff of the Commission may be appointed without regard to section 5311(b) of title 5, United States Code, and without regard to the provisions of such title governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS-18 of the General Schedule. (b) Services.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5 of the Unites States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-18 of the General Schedule. (c) Details.--Upon request of the Commission, the head of any department or agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Act. SEC. 7. POWERS OF THE COMMISSION. (a) In General.--The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. (b) Delegation.--Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Access to Information.--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 such department or agency shall furnish such information to the Commission. (d) Use of Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support.--The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. SEC. 8. CONFERENCE AND CONFERENCE DELEGATES. The Commission in coordination with the White House Council on Women and Girls shall convene a conference of delegates invited by the Commission, who shall be fairly balanced and diverse in terms of geography and ethnicity without regard to political affiliation or past partisan activity, who shall include-- (1) the directors of commissions for women of the States and local levels of government; (2) elected officials of State and local governments; (3) advocates for women at colleges and universities; and (4) representatives of nonprofit organizations and community-based organizations. SEC. 9. CONFERENCE ADMINISTRATION. (a) Administration.--In conducting and planning the Conference, the Commission and the White House Council on Women and Girls shall-- (1) request the cooperation and assistance of the heads of such other Federal entities as may be appropriate, including the detailing of personnel; (2) prepare and make available appropriate background materials for the use of delegates to the Conference; (3) employ such personnel, in addition to those appointed under section 6 and without regard to provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates; (4) ensure that the proposed agenda for the Conference is-- (A) published in the Federal Register not less than 180 days before the Conference is convened; and (B) made available for public comment for a period of not less than 60 days; (5) ensure that the final agenda for the Conference, prepared after the Commission and the White House Council on Women and Girls takes into consideration comments received under paragraph (4), is published in the Federal Register, and transmitted to the chief executive officers of the States, not later than 30 days after the close of the public comment period required by that paragraph; (6) ensure that the personnel employed are fairly balanced in terms of their points of view with respect to women and are appointed without regard to political affiliation or past partisan activity; (7) the recommendations of the Conference are not inappropriately influenced by any public official or special interest, but instead are the result of the independent and collective judgment of the delegates of the Conference; and (8) ensure that before the Conference is convened-- (A) current and adequate statistical data (including decennial census data) and other information on the well-being of Women in the United States; and (B) such information as may be necessary to evaluate Federal programs and policies relating to Women; which the Commission may obtain by making grants to or entering into agreements with, public agencies or nonprofit organizations, are readily available in advance of the Conference to the delegates. SEC. 10. REPORTS. The Commission shall transmit to the President and to Congress a first report no later than 2 years after the date of the Commission's first meeting. That report shall include a statement of the Commission's objectives and goals for the remainder of the Commission's work. Thereafter the Commission shall report annually. Each of those annual reports shall contain a statement of any findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. SEC. 11. DEFINITION. In this Act, the term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $2,000,000.00 to carry out this Act in each of fiscal years 2011 through 2015. (b) Limitation on Appropriations.--Authority provided in this Act to make expenditures or to enter into contracts under which the United States is obligated to make outlays shall be effective only to the extent that amounts are provided, and only to the extent of the amounts provided, in advance in appropriations Acts.

Presidential Commission on Women Act of 2009 - Establishes the Presidential Commission on Women to: (1) review the status of women nationwide; (2) review the role of the federal government in aid to, and the promotion of, women; (3) review data collection procedures with regard to women federal initiatives and procurement; and (4) hold a conference to assist in those reviews.

To establish a Presidential Commission on Women, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``MediFair Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Regional inequities in Medicare reimbursement have created barriers to care for seniors and the disabled. (2) The regional inequities in Medicare reimbursement penalize States that have cost-effective health care delivery systems and reward those States with high utilization rates and that provide inefficient care. (3) Comparatively, in 2003, per capita spending under traditional Medicare was $5,661 for beneficiaries in Seattle, $9,752 for those in Los Angeles, and $11,340 for those in Miami. (4) Over a lifetime, regional inequities can mean as much as a $125,000 difference in the cost of care provided per beneficiary. (5) Regional inequities have resulted in creating very different Medicare programs and amount of care received for seniors and the disabled based on where they live. (6) Because the Medicare Advantage rate is based on the fee-for-service reimbursement rate, regional inequities have allowed some Medicare beneficiaries access to plans with significantly more benefits and reduced cost sharing. Beneficiaries in States with lower reimbursement rates have not benefitted to the same degree as beneficiaries in other parts of the country. (7) Regional inequities in Medicare reimbursement have created an unfair competitive advantage for hospitals and other health care providers in States that receive above average payments. Higher payments mean that those providers can pay higher salaries in a tight, competitive market. (8) Regional inequities in Medicare reimbursement are not just a rural versus urban problem. Many States with large urban centers are at the bottom of the national average for per beneficiary costs. SEC. 3. IMPROVING FAIRNESS OF PAYMENTS TO PROVIDERS UNDER THE MEDICARE FEE-FOR-SERVICE PROGRAM. Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding at the end the following new section: ``improving payment equity under the original medicare fee-for-service program ``Sec. 1898. (a) Establishment of System.--Notwithstanding any other provision of law, the Secretary shall establish a system for making adjustments to the amount of payment made to entities and individuals for items and services provided under the original Medicare fee-for-service program under parts A and B. ``(b) System Requirements.-- ``(1) Increase for states below the national average.-- Under the system established under subsection (a), if a State average per beneficiary amount for a year is less than the national average per beneficiary amount for such year, then the Secretary (beginning in 2009) shall increase the amount of applicable payments in such a manner as will result (as estimated by the Secretary) in the State average per beneficiary amount for the subsequent year being equal to the national average per beneficiary amount for such subsequent year. ``(2) Reduction for certain states above the national average to enhance quality care and maintain budget neutrality.-- ``(A) In general.--The Secretary shall ensure that the increase in payments under paragraph (1) does not cause the estimated amount of expenditures under this title for a year to increase or decrease from the estimated amount of expenditures under this title that would have been made in such year if this section had not been enacted by reducing the amount of applicable payments in each State that the Secretary determines has-- ``(i) a State average per beneficiary amount for a year that is greater than the national average per beneficiary amount for such year; and ``(ii) healthy outcome measurements or quality care measurements that indicate that a reduction in applicable payments would encourage more efficient use of, and reduce overuse of, items and services for which payment is made under this title. ``(B) Limitation.--The Secretary shall not reduce applicable payments under subparagraph (A) to a State that-- ``(i) has a State average per beneficiary amount for a year that is greater than the national average per beneficiary amount for such year; and ``(ii) has healthy outcome measurements or quality care measurements that indicate that the applicable payments are being used to improve the access of beneficiaries to quality care. ``(3) Determination of averages.-- ``(A) State average per beneficiary amount.--Each year (beginning in 2008), the Secretary shall determine a State average per beneficiary amount for each State which shall be equal to the Secretary's estimate of the average amount of expenditures under the original Medicare fee-for-service program under parts A and B for the year for a beneficiary enrolled under such parts that resides in the State. ``(B) National average per beneficiary amount.-- Each year (beginning in 2008), the Secretary shall determine the national average per beneficiary amount which shall be equal to the average of the State average per beneficiary amount determined under subparagraph (A) for the year. ``(4) Definitions.--In this section: ``(A) Applicable payments.--The term `applicable payments' means payments made to entities and individuals for items and services provided under the original Medicare fee-for-service program under parts A and B to beneficiaries enrolled under such parts that reside in the State. ``(B) State.--The term `State' has the meaning given such term in section 210(h). ``(c) Beneficiaries Held Harmless.--The provisions of this section shall not affect-- ``(1) the entitlement to items and services of a beneficiary under this title, including the scope of such items and services; or ``(2) any liability of the beneficiary with respect to such items and services. ``(d) Regulations.-- ``(1) In general.--The Secretary, in consultation with the Medicare Payment Advisory Commission, shall promulgate regulations to carry out this section. ``(2) Protecting rural communities.--In promulgating the regulations pursuant to paragraph (1), the Secretary shall give special consideration to rural areas.''. SEC. 4. MEDPAC RECOMMENDATIONS ON HEALTHY OUTCOMES AND QUALITY CARE. (a) Recommendations.--The Medicare Payment Advisory Commission established under section 1805 of the Social Security Act (42 U.S.C. 1395b-6) shall develop recommendations on policies and practices that, if implemented, would encourage-- (1) healthy outcomes and quality care under the Medicare program in States with respect to which payments are reduced under section 1898(b)(2) of such Act (as added by section 3); and (2) the efficient use of payments made under the Medicare program in such States. (b) Submission.--Not later than the date that is 9 months after the date of enactment of this Act, the Commission shall submit to Congress the recommendations developed under subsection (a).

MediFair Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to establish a system for making adjustments to the amount of payment made to entities and individuals for items and services provided under the original Medicare fee-for-service program under parts A (Hospital Insurance) and B (Supplementary Medical Insurance). Requires such adjustments in order to make the state average per beneficiary amount equal to the national average per beneficiary amount. Directs the Medicare Payment Advisory Commission (MEDPAC) to develop recommendations on policies and practices that would encourage: (1) healthy outcomes and quality care under the Medicare program in states with respect to which payments are reduced under such system; and (2) the efficient use of payments made under the Medicare program in such states.

A bill to amend title XVIII of the Social Security Act to improve the provision of items and services provided to Medicare beneficiaries residing in States with more cost-effective health care delivery systems.

SECTION 1. ENHANCEMENT OF MANAGEMENT OF PROVISION OF SPECIALIZED TREATMENT AND REHABILITATION FOR DISABLED VETERANS. (a) Disabled Veterans.--Paragraph (1) of section 1706(b) of title 38, United States Code, is amended by striking ``(including veterans with spinal cord dysfunction, blindness, amputations, and mental illness)'' and inserting ``(including veterans with spinal cord dysfunction, blindness, traumatic brain injury, post-traumatic stress disorder, substance abuse disorder, and serious chronic mental illness, and veterans in need of prosthetics and sensory aids)''. (b) Organization of Capacity for Treatment and Rehabilitation.-- Paragraph (1) of that section is further amended-- (1) by inserting after ``ensure that the Department'' the following: ``, and each geographic service area and medical center of the Veterans Health Administration,''; and (2) in subparagraph (B)-- (A) by inserting after ``capacity of the Department'' the following: ``, including each such service area and medical center,''; and (B) by striking ``nationwide,'' and inserting ``nationwide and in each such service area,''. (c) Reports on Maintenance of Capacity.--Paragraph (2) of that section is amended-- (1) by inserting ``(A)'' after ``(2)''; (2) in subparagraph (A), as so designated-- (A) by striking ``April 1, 1999, April 1, 2000, and April 1, 2001'' and inserting ``April 1 each year''; and (B) by inserting before the period at the end the following: ``during the preceding year''; and (3) by adding at the end the following new subparagraphs: ``(B) In order to ensure the accuracy of the reports under this paragraph, the Secretary shall-- ``(i) utilize uniform standards nationwide in the documentation of workload and cost data, adjusted for inflation; and ``(ii) carry out a quarterly assessment, through the directors of the geographic service areas of the Veterans Health Administration, of the capacity of such service areas, and of each medical center in such service areas, to provide for the specialized treatment and rehabilitative needs of disabled veterans within distinct programs or facilities of the Department. ``(C) The Inspector General of the Department shall, on an annual basis, conduct an audit of each geographic service area of the Veterans Health Administration in order to ensure that the Secretary complied with paragraph (1) in such service area during the preceding year. ``(D) The Inspector General shall also review each report of the Secretary under subparagraph (A) in order to determine the accuracy of such report. ``(E) Not later than June 1 each year, the Inspector General shall submit to the committees referred to in subparagraph (A) a report on the results of the audit conducted by the Inspector General under subparagraph (C), and the review conducted by the Inspector General under subparagraph (D), in such year. Each report shall include the results of such audit and review and any other findings that the Inspector General considers appropriate.''. (d) Job Performance Standards.--(1) Paragraph (3) of that section is amended-- (A) in subparagraph (B), by inserting before the period at the end the following: ``, including positions of the directors of the medical centers, and positions of the directors of the geographic service areas, of the Veterans Health Administration''; and (B) by adding at the end the following new subparagraphs: ``(D) The Under Secretary for Health shall, on an annual basis, conduct a job performance evaluation of each employee in a position described in subparagraph (B) with respect to the job performance of such employee in carrying out the requirements of paragraph (1). Each job performance evaluation shall cover the fiscal year ending in the year preceding such job performance evaluation, and shall be conducted using the standards for job performance prescribed under subparagraph (A). ``(E) Not later than 90 days after completing all job performance evaluations required for a fiscal year under subparagraph (D), the Secretary shall submit to the committees referred to in paragraph (2)(A) a report on the job performance evaluations. The report for a fiscal year shall include the following: ``(i) The job performance evaluation of each employee subject to evaluation during the fiscal year, stated utilizing each standard for job performance under subparagraph (A) applicable to such employee. ``(ii) An overall evaluation of the job performance of each such employee.''. (2) The Under Secretary for Health of the Department of Veterans Affairs shall prescribe the standards of job performance required by section 1706(b)(3) of title 38, United States Code, as amended by paragraph (1)(A), not later than January 30, 2002. (3) Not later than April 1, 2002, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report setting forth the standards of job performance prescribed under section 1706(b)(3) of title 38, United States Code, as amended by paragraph (1)(A). (e) Determination of Scope of Capacity.--Section 1706(b) of that title is further amended by adding at the end the following new paragraph: ``(4)(A) For purposes of this subsection, the capacity of the Department, of each geographic service area of the Veterans Health Administration, and of each medical center of the Administration to provide for the specialized treatment and rehabilitative needs of disabled veterans (including veterans described in paragraph (1)) within distinct programs or facilities of the Department shall be determined by the Secretary utilizing a formula, to be prescribed by the Secretary, that addresses the following: ``(i) The number, and job responsibility, of the full-time equivalent employees providing specialized treatment or rehabilitative services for such veterans in such programs or facilities. ``(ii) The number of staffed beds dedicated to specialized treatment or rehabilitative services for such veterans in such programs or facilities. ``(iii) The number of veterans served by each such program or facility. ``(iv) The number of units of service provided veterans by each such program or facility, including the number of inpatient and residential days of care and the number of outpatient visits. ``(v) The amounts expended in providing specialized treatment or rehabilitative services for such veterans through dedicated programs utilizing specialized staff. ``(B) The formula under subparagraph (A) may not use patient outcome data to measure the capacity of the Department to provide for the specialized treatment and rehabilitative needs of disabled veterans.''.

Directs the Secretary of Veterans Affairs to ensure that the Department of Veterans Affairs maintains its capacity to provide for the specialized treatment and rehabilitative needs of veterans with traumatic brain injury or post-traumatic stress or substance abuse disorder and those in need of prosthetics and sensory aids. Requires each geographic service area and medical center of the Veterans Health Administration to maintain such capacity. Extends permanently requirements for reports on the maintenance of such capacity.Requires the Secretary to: (1) utilize uniform standards in the documentation of capacity workload and cost data; and (2) carry out a quarterly assessment of the capacity of the Department and its service areas and medical centers to provide for such specialized treatment needs.Requires the Department's Inspector General to annually audit each service area, and the Department's Under Secretary for Health to conduct an annual employee performance evaluation, with respect to the provision of such needs.

To amend section 1706 of title 38, United States Code, to enhance the management of the provision by the Department of Veterans Affairs of specialized treatment and rehabilitation for disabled veterans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Information Technology Management Improvement Act of 2005''. SEC. 2. MANAGEMENT OF INFORMATION TECHNOLOGY IN DEPARTMENT OF VETERANS AFFAIRS. (a) Resources, Budget, and Personnel Authority of Chief Information Officer.--Section 310 of title 38, United States Code, is amended by adding at the end the following new subsections: ``(c) To support the economical, efficient, and effective execution of the information technology objectives, policies, and plans of the Department in support of Department goals, the Secretary shall ensure that the Chief Information Officer has the authority and control necessary for the development, approval, implementation, integration, and oversight of policies, procedures, processes, activities, and systems of the Department relating to the management of information technology for the Department, including the management of all related mission applications, information resources, personnel, and infrastructure. ``(d)(1) The Secretary, acting through the Chief Information Officer, shall develop, implement, and maintain a process for the selection and oversight of information technology for the Department. ``(2) As components of the development of the process required by paragraph (1), the Secretary shall develop for the Department-- ``(A) an information technology strategic plan that includes performance measurements; and ``(B) an integrated enterprise architecture. ``(3) The information technology strategic plan shall set forth a multiyear plan for the use of information technology and related resources to support the accomplishment of the Department's mission. ``(4) The Chief Information Officer shall review and update the information technology strategic plan and the integrated enterprise architecture on an ongoing basis to maintain the currency of the plan and the currency of the enterprise architecture with technological changes and changing mission needs of the Department. ``(e)(1) Funds may be obligated for information technology for the Department only in accordance with the process implemented under paragraph (1) or as otherwise specifically authorized or delegated by the Chief Information Officer or as otherwise directed by the Secretary. ``(2)(A) Amounts appropriated for the Department for any fiscal year that are available for information technology shall be allocated within the Department, consistent with the provisions of appropriations Acts, in such manner as may be specified by, or approved by, the Chief Information Officer. ``(B) If for any fiscal year amounts referred to in subparagraph (A) that are available for the Veterans Health Administration (or are otherwise available for functions relating to medical care) are to be allocated under subparagraph (A) in a manner that is inconsistent with the allocation method known as the Veterans Equitable Resource Allocation, such allocation may be made only with the approval of the Secretary and after the Under Secretary for Health is notified. ``(3) When the budget for any fiscal year is submitted by the President to Congress under section 1105 of title 31, the Secretary shall submit to Congress a report that identifies amounts requested for information technology for the Department. The report shall set forth those amounts both for each Administration within the Department and for the Department in the aggregate and shall identify, for each such amount, how that amount is aligned with and supports the information technology strategic plan under subsection (d), as then in effect. ``(f)(1) The Chief Information Officer shall select the Chief Information Officer for each of the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration. Any such selection may only be made after consultation with the Under Secretary with responsibility for the Administration for which the selection is to be made. ``(2) Each Administration Chief Information Officer selected under paragraph (1)-- ``(A) shall be designated as a Department Deputy Chief Information Officer; and ``(B) shall report to the Department Chief Information Officer. ``(3) The Department Deputy Chief Information Officers are responsible for implementing in their respective Administrations, as directed by the Department Chief Information Officer, the information technology strategic plan and the integrated enterprise architecture developed for the Department by the Department Chief Information Officer pursuant to subsection (d)(2). ``(4) To accomplish the policies, programmatic goals, information technology system acquisitions, and alignments prescribed, authorized, or directed by the Department Chief Information Officer, each Department Deputy Chief Information Officer shall maintain, for their respective Administrations, operational control of all information technology system assets and personnel necessary, including direct management of the Administration's software and applications development activities. ``(5) The Department Deputy Chief Information Officers-- ``(A) shall be the principal advocate for the information technology needs of their respective Administrations; and ``(B) shall assure, by coordinating with the Department Chief Information Officer, that the business and mission needs of their respective Administrations are met by considering requirements at all levels. ``(g)(1) The Secretary shall ensure that the annual report submitted by the Secretary pursuant to section 11313 of title 40 includes an identification of any obligation approved by the Chief Information Officer under subsection (e)(1), including the date, amount, and purpose of such obligation. ``(2) The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives an annual report, not later than March 1 of each year (beginning in 2009), providing the Secretary's assessment of the implementation during the year covered by the report of the provisions of subsections (c), (d), and (e). Each such report shall include-- ``(A) the assessment of the Secretary as to increased efficiency within the Department of information technology acquisition processes, management, responsibility, and accountability as a result of those provisions; and ``(B) estimated cost savings to the Department as a result of those provisions. ``(h) In this section, the term `information technology' has the meaning given that term in paragraph (6) of section 11101 of title 40.''. (b) Reports to Congress on Implementation.-- (1) Periodic progress reports.-- (A) Reports required.--The Secretary of Veterans Affairs shall submit to Congress progress reports on the implementation of subsections (c), (d), and (e), of section 310 of title 38, United States Code, as added by subsection (a). (B) Time for progress reports.--A report under subparagraph (A) shall be submitted as expeditiously as feasible after the end of the 60-day period, the 90-day period, and the 180-day period beginning on the date of the enactment of this Act. (C) Matter to be included.--Each report under this paragraph shall set out the progress to date on the implementation of the provisions specified in subparagraph (A). (2) Interim reports.--After the completion of the first 12 months, and after the completion of the first 18 months, of the implementation of the provisions specified in paragraph (1)(A), the Secretary shall submit to Congress an interim report on the operation of those provisions to that date. Each such report shall include the following: (A) The assessment of the Secretary as to increased efficiency within the Department of Veterans Affairs of information technology acquisition processes, management, responsibility, and accountability. (B) Estimated cost savings to the Department as a result of those provisions. (3) Final implementation report.--Not later than January 1, 2008, the Secretary shall submit to Congress a final report on the implementation of the provisions specified in paragraph (1)(A). The Secretary shall include in that report the matters specified in paragraph (2) and the Secretary's recommendation for any modifications to information technology management within the Department of Veterans Affairs. Passed the House of Representatives November 2, 2005. Attest: JEFF TRANDAHL, Clerk.

Department of Veterans Affairs Information Technology Management Improvement Act of 2005 - Directs the Secretary of Veterans Affairs to ensure that the Chief Information Officer (CIO) of the Department of Veterans Affairs has the authority and control necessary for the development, approval, implementation, integration, and oversight of policies, procedures, processes, activities, and systems relating to the management of Department information technology. Requires the: (1) Secretary to develop, implement, and maintain a process for the selection and oversight of information technology for the Department, including a strategic plan that includes performance measurements and an integrated enterprise architecture; and (2) CIO to review and update on an ongoing basis the plan and architecture. Directs the CIO to select the CIOs for each of the Veterans Health Administration, Veterans Benefits Administration, and National Cemetery Administration, who will implement the plan and architecture within their departments. Requires the Secretary to submit to the congressional veterans' committees interim and annual progress reports on the implementation of this Act, with a final report due no later than January 1, 2008.

To amend title 38, United States Code, to improve the management of information technology within the Department of Veterans Affairs by providing for the Chief Information Officer of that Department to have authority over resources, budget, and personnel related to the support function of information technology, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Super PAC-Candidate Coordination Act''. SEC. 2. CLARIFICATION OF TREATMENT OF COORDINATED EXPENDITURES AS CONTRIBUTIONS TO CANDIDATES. (a) Treatment as Contribution to Candidate.--Section 301(8)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(A)) is amended-- (1) by striking ``or'' at the end of clause (i); (2) by striking the period at the end of clause (ii) and inserting ``; or''; and (3) by adding at the end the following new clause: ``(iii) any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure (as such term is defined in section 324) which is not otherwise treated as a contribution under clause (i) or clause (ii).''. (b) Definitions.--Section 324 of such Act (52 U.S.C. 30126) is amended to read as follows: ``SEC. 324. PAYMENTS FOR COORDINATED EXPENDITURES. ``(a) Coordinated Expenditures.-- ``(1) In general.--For purposes of section 301(8)(A)(iii), the term `coordinated expenditure' means-- ``(A) any expenditure, or any payment for a covered communication described in subsection (d), which is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, as defined in subsection (b); or ``(B) any payment for any communication which republishes, disseminates, or distributes, in whole or in part, any video or broadcast or any written, graphic, or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee (including any excerpt or use of any video from any such broadcast or written, graphic, or other form of campaign material). ``(2) Exception for payments for certain communications.--A payment for a communication (including a covered communication described in subsection (d) shall not be treated as a coordinated expenditure under this subsection if-- ``(A) the communication appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or ``(B) the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission pursuant to section 304(f)(3)(B)(iii), or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum. ``(b) Coordination Described.-- ``(1) In general.--For purposes of this section, a payment is made `in cooperation, consultation, or concert with, or at the request or suggestion of,' a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, if the payment, or any communication for which the payment is made, is not made entirely independently of the candidate, committee, or agents. For purposes of the previous sentence, a payment or communication not made entirely independently of the candidate or committee includes any payment or communication made pursuant to any general or particular understanding with, or pursuant to any communication with, the candidate, committee, or agents about the payment or communication. ``(2) No finding of coordination based solely on sharing of information regarding legislative or policy position.--For purposes of this section, a payment shall not be considered to be made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, solely on the grounds that the person or the person's agent engaged in discussions with the candidate or committee, or with any agent of the candidate or committee, regarding that person's position on a legislative or policy matter (including urging the candidate or committee to adopt that person's position), so long as there is no communication between the person and the candidate or committee, or any agent of the candidate or committee, regarding the candidate's or committee's campaign advertising, message, strategy, policy, polling, allocation of resources, fundraising, or other campaign activities. ``(3) No effect on party coordination standard.--Nothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section 315(d). ``(4) No safe harbor for use of firewall.--A person shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, in accordance with this section without regard to whether or not the person established and used a firewall or similar procedures to restrict the sharing of information between individuals who are employed by or who are serving as agents for the person making the payment. ``(c) Payments by Coordinated Spenders for Covered Communications.-- ``(1) Payments made in cooperation, consultation, or concert with candidates.--For purposes of subsection (a)(1)(A), if the person who makes a payment for a covered communication, as defined in subsection (d), is a coordinated spender under paragraph (2) with respect to the candidate as described in subsection (d)(1), the payment for the covered communication is made in cooperation, consultation, or concert with the candidate. ``(2) Coordinated spender defined.--For purposes of this subsection, the term `coordinated spender' means, with respect to a candidate or an authorized committee of a candidate, a person (other than a political committee of a political party) for which any of the following applies: ``(A) During the 4-year period ending on the date on which the person makes the payment, the person was directly or indirectly formed or established by or at the request or suggestion of, or with the encouragement of, the candidate (including an individual who later becomes a candidate) or committee or agents of the candidate or committee, including with the approval of the candidate or committee or agents of the candidate or committee. ``(B) The candidate or committee or any agent of the candidate or committee solicits funds, appears at a fundraising event, or engages in other fundraising activity on the person's behalf during the election cycle involved, including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity, regardless of whether the person pays fair market value for the names or lists provided. For purposes of this subparagraph, the term `election cycle' means, with respect to an election for Federal office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election). ``(C) The person is established, directed, or managed by the candidate or committee or by any person who, during the 4-year period ending on the date on which the person makes the payment, has been employed or retained as a political, campaign media, or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee, or has held a formal position with the candidate or committee. ``(D) The person has retained the professional services of any person who, during the 2-year period ending on the date on which the person makes the payment, has provided or is providing professional services relating to the campaign to the candidate or committee, without regard to whether the person providing the professional services used a firewall. For purposes of this subparagraph, the term `professional services' includes any services in support of the candidate's or committee's campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, but does not include accounting or legal services. ``(E) The person is established, directed, or managed by a member of the immediate family of the candidate, or the person or any officer or agent of the person has had more than incidental discussions about the candidate's campaign with a member of the immediate family of the candidate. For purposes of this subparagraph, the term `immediate family' has the meaning given such term in section 9004(e) of the Internal Revenue Code of 1986. ``(d) Covered Communication Defined.-- ``(1) In general.--For purposes of this section, the term `covered communication' means, with respect to a candidate or an authorized committee of a candidate, a public communication (as defined in section 301(22)) which-- ``(A) expressly advocates the election of the candidate or the defeat of an opponent of the candidate (or contains the functional equivalent of express advocacy); ``(B) promotes or supports the candidate, or attacks or opposes an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or ``(C) refers to the candidate or an opponent of the candidate but is not described in subparagraph (A) or subparagraph (B), but only if the communication is disseminated during the applicable election period. ``(2) Applicable election period.--In paragraph (1)(C), the `applicable election period' with respect to a communication means-- ``(A) in the case of a communication which refers to a candidate in a general, special, or runoff election, the 120-day period which ends on the date of the election; or ``(B) in the case of a communication which refers to a candidate in a primary or preference election, or convention or caucus of a political party that has authority to nominate a candidate, the 60-day period which ends on the date of the election or convention or caucus. ``(3) Special rules for communications involving congressional candidates.--For purposes of this subsection, a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of President or Vice President unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking. ``(e) Penalty.-- ``(1) Determination of amount.--Any person who knowingly and willfully commits a violation of this Act by making a contribution which consists of a payment for a coordinated expenditure shall be fined an amount equal to the greater of-- ``(A) in the case of a person who makes a contribution which consists of a payment for a coordinated expenditure in an amount exceeding the applicable contribution limit under this Act, 300 percent of the amount by which the amount of the payment made by the person exceeds such applicable contribution limit; or ``(B) in the case of a person who is prohibited under this Act from making a contribution in any amount, 300 percent of the amount of the payment made by the person for the coordinated expenditure. ``(2) Joint and several liability.--Any director, manager or officer of a person who is subject to a penalty under paragraph (1) shall be jointly and severally liable for any amount of such penalty that is not paid by the person prior to the expiration of the 1-year period which begins on the date the Commission imposes the penalty or the 1-year period which begins on the date of the final judgment following any judicial review of the Commission's action, whichever is later.''. (c) Effective Date.-- (1) Repeal of existing regulations on coordination.-- Effective upon the expiration of the 90-day period which begins on the date of the enactment of this Act-- (A) the regulations on coordinated communications adopted by the Federal Election Commission which are in effect on the date of the enactment of this Act (as set forth in 11 CFR Part 109, Subpart C, under the heading ``Coordination'') are repealed; and (B) the Federal Election Commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this Act. (2) Effective date.--The amendments made by this section shall apply with respect to payments made on or after the expiration of the 120-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations in accordance with paragraph (1)(B) as of the expiration of such period. SEC. 3. CLARIFICATION OF BAN ON FUNDRAISING FOR SUPER PACS BY FEDERAL CANDIDATES AND OFFICEHOLDERS. (a) In General.--Section 323(e)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30125(e)(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(C) solicit, receive, direct, or transfer funds to or on behalf of any political committee which accepts donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of this Act (or to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to or on behalf of any political organization under section 527 of the Internal Revenue Code of 1986 which accepts such donations or contributions (other than a committee of a State or local political party or a candidate for election for State or local office).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to elections occurring after January 1, 2016.

Stop Super PAC-Candidate Coordination Act Amends the Federal Election Campaign Act of 1971 (FECA) to treat as a campaign contribution any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure which is not otherwise treated as a contribution. (In effect, replaces and eliminates a prohibition against contributions by minors which the U.S. Supreme Court in McConnell v. Federal Election Commission ruled an unconstitutional violation of the First Amendment.) Sets forth rules governing payments for coordinated expenditures, including special rule for payments by coordinated spenders for covered communications. Defines "covered communication" as a public communication which: (1) expressly advocates the election of the candidate or the defeat of an opponent of the candidate (or contains the functional equivalent of express advocacy); (2) promotes or supports the candidate, or attacks or opposes an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or (3) refers to the candidate or an opponent of the candidate in other ways, but only if the communication is disseminated during the applicable election period. Prescribes penalties for knowing and willfull violation of this Act by a contribution which consists of a payment for a coordinated expenditure. Prohibits candidates or individuals holding federal office, their agents, and certain related entities from soliciting, receiving, directing, or transferring funds to or on behalf of any political committee which accepts donations or contributions that do not comply with FECA limitations, prohibitions, and reporting requirements, or to or on behalf of any 527 organization which accepts such donations or contributions (other than a committee of a state or local political party or a candidate for election for state or local office). (A 527 organization, tax-exempt in certain circumstances under Section 527 of the Internal Revenue Code, is created primarily to influence the selection, nomination, election, appointment or defeat of candidates to federal, state or local public office.)

Stop Super PAC-Candidate Coordination Act

SECTION 1. FINDINGS. Congress makes the following findings: (1) Military operations in Afghanistan have cost American taxpayers more than $200,000,000,000 in deficit spending since 2001. (2) Particularly given current record deficits, high unemployment, and proposed reductions in domestic spending, the United States should ensure future war expenditures in Afghanistan do not add to the deficit and ensure that resources are not squandered on waste, fraud, abuse, or corruption in Afghanistan. (3) United States military and nonmilitary operations in Afghanistan, including those conducted by contractors, must be subject to the highest standards of transparency and accountability, and subject to the review of appropriate inspectors general. (4) According to the most recent Army Mental Health Advisory Team Assessment, one in five soldiers surveyed in Afghanistan reports having psychological problems. (5) The United States needs a comprehensive strategy to counter the global threat posed by al Qaeda and its affiliates in Pakistan, Somalia, Yemen, North Africa, and elsewhere around the world. (6) A massive, open-ended United States military presence in Afghanistan is unlikely to advance, and may undermine, United States efforts to eliminate the safe haven for al Qaeda in Pakistan and combat al Qaeda globally. (7) Rather than engaging in a nation-building effort in Afghanistan, the United States should begin reducing troop levels in Afghanistan and transition to a sustainable counterterrorism policy. (8) President Obama announced on December 1, 2009, that United States troops would begin to be withdrawn from Afghanistan in July 2011. (9) The United States remains committed to providing long- term economic, diplomatic, and political support to the people of Afghanistan, and to supporting the emergence of a legitimate, effective government in Afghanistan. (10) The United States will continue to provide economic, development, and political support for women's rights, education, and leadership in Afghanistan. (11) The August 20, 2009, presidential election in Afghanistan was characterized by widespread fraud, and there are credible reports of widespread corruption. (12) The Chairman of the Joint Chiefs of Staff, Admiral Michael Mullen, has acknowledged that the greatest threat in Afghanistan today is the ``lack of legitimacy in the government--at all levels'' and that the United States Armed Forces cannot solve the legitimacy problem. (13) General McChrystal has acknowledged that United States partnerships with ``polarizing and predatory'' powerbrokers, including in the Afghan National Security Forces, compromise the ability of the United States to address the lack of legitimacy in the Afghanistan Government. SEC. 2. PLAN FOR THE SAFE, ORDERLY, AND EXPEDITIOUS REDEPLOYMENT OF UNITED STATES ARMED FORCES FROM AFGHANISTAN. (a) Plan With Timetable Required.--Not later than January 1, 2011, or 90 days after the date of enactment of this Act, whichever is earlier, the President shall submit to Congress a plan for the safe, orderly, and expeditious redeployment of United States Armed Forces from Afghanistan, including military and security-related contractors, together with a timetable for the completion of that redeployment and information regarding variables that could alter that timetable. (b) Status Updates.--Not later than 90 days after the date of the submittal of the plan required by subsection (a), and every 90 days thereafter, the President shall submit to the Congress a report setting forth the current status of the plan for redeploying United States Armed Forces from Afghanistan. (c) Recommendations on Contractor Oversight.-- (1) Recommendations required.--Not later than 90 days after the date of the enactment of this Act, the Special Inspector General for Afghanistan Reconstruction shall, in consultation with the Inspector General of the Department of Defense and the Inspector General of the Department of State-- (A) issue recommendations on measures to increase oversight of contractors engaged in activities relating to Afghanistan that have a record of engaging in waste, fraud, or abuse; and (B) report on the status of efforts of the Department of Defense and the Department of State to implement existing recommendations regarding oversight of such contractors. (2) Elements of recommendations.--The recommendations issued under paragraph (1)(A) shall include recommendations for reducing the reliance of the United States on security contractors or subcontractors responsible for the deaths of Afghan civilians and on Afghan militias, contractors, subcontractors, or other armed groups that are not part of the Afghan National Security Forces.

Directs the President, by the earlier of January 1, 2011, or 90 days after the enactment of this Act, to submit to Congress a plan for the safe, orderly, and expeditious redeployment of U.S. Armed Forces from Afghanistan, including military and security-related contractors, together with a timetable for the completion of such redeployment and information regarding variables that could alter that timetable. Requires plan updates every 90 days. Directs the Special Inspector General for Afghanistan Reconstruction to: (1) issue recommendations for increasing oversight of contractors in Afghanistan that have a record of engaging in waste, fraud, or abuse; and (2) report on the status of efforts of the Department of Defense (DOD) and the State Department to implement existing recommendations regarding oversight of such contractors. Requires the recommendations issued to include recommendations for reducing U.S. reliance on security contractors or subcontractors responsible for the deaths of Afghan civilians and on Afghan militias, contractors, subcontractors, or other armed groups that are not part of the Afghan National Security Forces.

To require a plan for the safe, orderly, and expeditious redeployment of United States Armed Forces from Afghanistan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Idaho Land Exchange Act of 1993''. SEC. 2. TARGHEE NATIONAL FOREST BOUNDARY ADJUSTMENT. (a) In General.--The boundaries of the Targhee National Forest are adjusted as generally depicted on the map entitled ``Targhee National Forest Proposed Boundary Changes'' and dated March 1, 1991. (b) Map and Legal Description.-- (1) Public access.--The map described in subsection (a) and a legal description of the lands depicted on the map shall be on file and available for public inspection in the Regional Office of the Intermountain Region of the Forest Service. (2) Technical corrections.--The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture (referred to in this Act as the ``Secretary'') may correct clerical and typographical errors. (c) Rule of Construction.--For the purpose of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Targhee National Forest, as adjusted by this Act, shall be considered to be the boundaries of the Forest as of January 1, 1965. SEC. 3. CLARK FORK LAND EXCHANGE. (a) Findings.--Congress finds that, over the past 10 years-- (1) the University of Idaho has utilized the Clark Fork Ranger Station within the Kaniksu National Forest as the Clark Fork Field Campus, under a Granger-Thye permit; and (2) the University of Idaho has made substantial improvements in order to maintain and utilize the buildings as a campus facility. (b) Land Exchange.-- (1) Conveyance by the secretary.-- (A) In general.--In exchange for the conveyance described in paragraph (2) and subject to easements that are considered necessary by the Secretary for public and administrative access and to valid existing rights, the Secretary shall convey to the State of Idaho, acting through the Regents of the University of Idaho, all right, title, and interest of the United States to Parcel A. (B) Parcel a.--As used in this section, the term ``Parcel A'' means the approximately 35.27 acres comprising the Clark Fork Ranger Station within the Kaniksu National Forest, as depicted on the map entitled ``Clark Fork Land Exchange--Parcel A'' and dated July 1, 1991. (2) Conveyance by the state of idaho.-- (A) In general.--In exchange for the conveyance described in paragraph (1) and subject to valid existing rights of record acceptable to the Secretary, the State of Idaho shall convey to the Secretary, by general warranty deed in accordance with Department of Justice title standards, all right, title, and interest to Parcel B. (B) Parcel b.--As used in this section, the term ``Parcel B'' means the approximately 40 acres depicted on the map entitled ``Clark Fork Land Exchange--Parcel B'' and dated July 1, 1991. (3) Maps and legal descriptions.-- (A) Public access.--The maps described in paragraphs (1)(B) and (2)(B) and the legal descriptions of the lands depicted on the maps shall be on file and available for public inspection in the Regional Office of the Northern Region of the Forest Service. (B) Technical corrections.--The maps and legal descriptions shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors. (c) Land Valuation.-- (1) In general.--Subject to paragraph (2), if the lands exchanged between the United States and the State of Idaho, as authorized by subsection (b), are not of equal value, the values shall be equalized in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (2) Exception.--The value of the improvements made by the University of Idaho on Parcel A under the Granger-Thye permit shall be excluded from consideration in a valuation conducted pursuant to paragraph (1). (d) National Forest Boundary Adjustment.-- (1) In general.--Upon acquisition of Parcel B by the United States, the boundaries of the Kaniksu National Forest shall be adjusted to include Parcel B. (2) Rule of construction.--For the purpose of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Kaniksu National Forest, as adjusted by this Act, shall be considered to be the boundaries of the Forest as of January 1, 1965.

Idaho Land Exchange Act of 1993 - Adjusts the boundaries of the Targhee National Forest in Idaho. Directs the Secretary of Agriculture to convey to Idaho, acting through the Regents of its University, the Clark Fork Ranger Station within the Kaniksu National Forest in exchange for Idaho conveying to the Secretary the Clark Fork Land Exchange. Provides that if the lands exchanged between the United States and Idaho are not of equal value, the values shall be equalized in accordance with provisions of the Federal Land Policy and Management Act of 1976, except that the value of the improvements made by the University on the Clark Fork Ranger Station under the Granger-Thye permit shall be excluded from consideration in such valuation. Adjusts the boundaries of the Kaniksu National Forest to include the lands conveyed by Idaho.

Idaho Land Exchange Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Space Reorganization Act of 2001''. SEC. 2. AUTHORITY TO ESTABLISH POSITION OF UNDER SECRETARY OF DEFENSE FOR SPACE, INTELLIGENCE, AND INFORMATION. (a) Authority To Establish Position.--The President may establish in the Department of Defense the position of Under Secretary of Defense for Space, Intelligence, and Information. If that position is so established, the Under Secretary of Defense for Space, Intelligence, and Information shall perform duties and exercise powers as set forth in section 137 of title 10, United States Code, as added by subsection (e). (b) Deadline for Exercise of Authority.--The authority provided in subsection (a) may not be exercised after December 31, 2003. (c) Notice of Exercise of Authority.--(1) If the authority provided in subsection (a) is exercised, the President shall immediately submit to Congress notification in writing of the establishment of the position of Under Secretary of Defense for Space, Intelligence, and Information, together with the date as of which the position is established. If the President declines to exercise the authority provided in subsection (a), the President shall, before the date specified in subsection (b), submit to Congress a report on how the President has implemented the recommendations of the report of the Space Commission with respect to the Department of Defense. (2) For purposes of paragraph (1), the term ``report of the Space Commission'' means the report of the Commission To Assess United States National Security Space Management and Organization, dated January 11, 2001, and submitted to Congress under section 1623 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 815). (d) Contingent Enactment of U.S. Code Amendments.--If the position of Under Secretary of Defense for Space, Intelligence, and Information is established under the authority provided in subsection (a), then the amendments set forth in subsections (e), (f), and (g) shall be executed, effective as of the date specified in the notice submitted under the first sentence of subsection (c)(1). Otherwise, those amendments shall not be executed. (e) Appointment, Duties, etc., of Under Secretary.--(1) Subject to subsection (d), chapter 4 of title 10, United States Code, is amended-- (A) by redesignating section 137 as section 139a and transferring such section (as so redesignated) within such chapter so as to appear after section 139; and (B) by inserting after section 136 the following new section 137: ``Sec. 137. Under Secretary of Defense for Space, Intelligence, and Information ``(a) There is an Under Secretary of Defense for Space, Intelligence, and Information, appointed from civilian life by the President, by and with the advice and consent of the Senate. ``(b) Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Space, Intelligence, and Information shall perform such duties and exercise such powers relating to the space, intelligence, and information programs and activities of the Department of Defense as the Secretary of Defense may prescribe. The duties and powers prescribed for the Under Secretary shall include responsibility for the following: ``(1) In coordination with the Under Secretary of Defense for Policy, the establishment of Department of Defense policy on space. ``(2) In coordination with the Under Secretary of Defense for Acquisition, Technology, and Logistics, the acquisition of space systems for the Department of Defense. ``(3) The deployment and use of space assets. ``(4) The oversight of research, development, acquisition, launch, and operation of space, intelligence, and information assets. ``(5) The coordination of military intelligence activities within the Department of Defense. ``(6) The coordination of intelligence activities of the Department of Defense and the intelligence community in order to meet the long-term intelligence requirements of the United States. ``(7) The coordination of space activities of the Department of Defense with commercial and civilian space activities. ``(c) The Under Secretary of Defense for Space, Intelligence, and Information shall perform such additional duties and exercise such powers as the Secretary of Defense may prescribe. ``(d) The Secretary of Defense shall designate the Under Secretary of Defense for Space, Intelligence, and Information as the Chief Information Officer of the Department of Defense under section 3506(a)(2)(B) of title 44. ``(e) The Under Secretary of Defense for Space, Intelligence, and Information takes precedence in the Department of Defense after the Under Secretary of Defense for Personnel and Readiness.''. (2) Subject to subsection (d), section 131(b) of that title is amended-- (A) by redesignating paragraphs (6) through (11) as paragraphs (7) through (12), respectively; and (B) by inserting after paragraph (5) the following new paragraph (6): ``(6) The Under Secretary of Defense for Space, Intelligence, and Information.''. (3) Subject to subsection (d), the table of sections at the beginning of chapter 4 of such title is amended-- (A) by striking the item relating to section 137 and inserting the following new item: ``137. Under Secretary of Defense for Space, Intelligence, and Information.''; and (B) by inserting after the item relating to section 139 the following new item: ``139a. Director of Defense Research and Engineering.''. (f) Assistant Secretaries of Defense.--Subject to subsection (d), section 138 of such title is amended-- (1) in subsection (a), by striking ``nine'' and inserting ``eleven''; and (2) in subsection (b), by inserting after paragraph (2) the following new paragraph: ``(3) Not less than three of the Assistant Secretaries shall be assigned duties under the authority of the Under Secretary of Defense for Space, Intelligence, and Information and shall report to that Under Secretary.''. (g) Pay Rates.--Subject to subsection (d), subchapter II of chapter 53 of title 5, United States Code, is amended-- (1) in section 5314, by inserting after the paragraph relating to the Under Secretary of Defense for Personnel and Readiness the following: ``Under Secretary of Defense for Space, Intelligence, and Information.''; and (2) in section 5315, by striking ``(9)'' after ``Assistant Secretaries of Defense'' and inserting ``(11)''. (h) Report.--Not later than 30 days before exercising the authority provided in subsection (a), the President shall submit to Congress a report on the proposed organization of the office of the Under Secretary of Defense for Space, Intelligence, and Information. If such a report has not been submitted as of April 15, 2002, the President shall submit to Congress a report, not later than that date, setting forth the President's view as of that date of the desirability of establishing the position of Under Secretary of Defense for Space, Intelligence, and Information in the Department of Defense. SEC. 3. RESPONSIBILITY OF UNDER SECRETARY OF THE AIR FORCE AS ACQUISITION EXECUTIVE FOR SPACE OF THE DEPARTMENT OF DEFENSE. (a) Executive Agent.--Part IV of subtitle A of title 10, United States Code, is amended by inserting after chapter 134 the following new chapter: ``CHAPTER 135--SPACE PROGRAMS ``Sec. ``2271. Executive agent. ``Sec. 2271. Executive agent ``(a) Secretary of the Air Force.--The Secretary of the Air Force shall be the executive agent of the Department of Defense-- ``(1) for the planning of the acquisition programs, projects, and activities of the Department that relate to space; and ``(2) for the execution of those programs, projects, and activities. ``(b) Acquisition Executive.--The Secretary shall designate the Under Secretary of the Air Force as the acquisition executive of the Air Force for the programs, projects, and activities referred to in subsection (a).''. (b) Clerical Amendment.--The tables of chapters at the beginning of such subtitle and the beginning of part IV of such subtitle are amended by inserting after the item relating to chapter 134 the following new item: ``135. Space Programs....................................... 2271''. SEC. 4. MAJOR FORCE PROGRAM CATEGORY FOR SPACE PROGRAMS. (a) Requirement.--The Secretary of Defense shall create a major force program category for space programs for purposes of the future- years defense program under section 221 of title 10, United States Code. (b) Commencement.--The category created under subsection (a) shall be included in each future-years defense program submitted to Congress under section 221 of title 10, United States Code, in fiscal years after fiscal year 2002. SEC. 5. COMPTROLLER GENERAL ASSESSMENT OF IMPLEMENTATION OF RECOMMENDATIONS OF SPACE COMMISSION. (a) Assessment.--(1) The Comptroller General shall carry out an assessment through February 15, 2003, of the actions taken by the Secretary of Defense in implementing the recommendations in the report of the Space Commission that are applicable to the Department of Defense. (2) For purposes of paragraph (1), the term ``report of the Space Commission'' means the report of the Commission To Assess United States National Security Space Management and Organization, dated January 11, 2001, and submitted to Congress under section 1623 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 815). (b) Reports.--Not later than February 15 of each of 2002 and 2003, the Comptroller General shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the assessment carried out under subsection (a). Each report shall set forth the results of the assessment as of the date of such report. SEC. 6. COMMANDER OF AIR FORCE SPACE COMMAND. (a) In General.--Chapter 845 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 8584. Commander of Air Force Space Command ``(a) The officer serving as commander of the Air Force Space Command may not serve simultaneously as commander of the United States Space Command (or any successor combatant command with responsibility for space) or as commander of the United States element of the North American Air Defense Command.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``8584. Commander of Air Force Space Command.''. SEC. 7. REQUIREMENT FOR ESTABLISHMENT OF SEPARATE CAREER FIELD IN THE AIR FORCE FOR SPACE. The Secretary of the Air Force, acting through the Under Secretary of the Air Force, shall establish and implement policies and procedures to develop a cadre of technically competent officers with the capability to develop space doctrine, concepts of space operations, and management of space systems for the Air Force.

Defense Space Reorganization Act of 2001 - Authorizes the President to establish in the Department of Defense (DOD) the position of Under Secretary of Defense for Space, Intelligence, and Information, to perform duties and exercise powers relating to DOD space, intelligence, and information programs and activities.Requires the President: (1) to notify Congress after establishing such position; or (2) if he declines to establish such position, to report on how he has implemented the recommendations of the report of the Space Commission.Requires the Secretary of the Air Force to be the DOD executive agent for the planning and execution of DOD space-related acquisition programs, projects, and activities.Requires the Secretary of Defense to create a major force program category for space programs for purposes of the future-years defense program.Directs the Comptroller General to carry out an assessment of the implementation of recommendations of the Space Commission applicable to DOD.Prohibits the commander of the Air Force Space Command from serving simultaneously as commander of the U.S. Space Command or as commander of the U.S. element of the North American Air Defense Command..Directs the Secretary of the Air Force to establish and implement policies and procedures to develop a cadre of technically competent officers to develop space doctrine, concepts of space operations, and management of space systems.

To amend title 10, United States Code, to improve the organization and management of the Department of Defense with respect to space programs and activities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Employer's Restitution Act of 2003'' . SEC. 2. ALIENATION OF PENSION PLAN BENEFITS TO SATISFY COURT JUDGMENTS, DECREES, OR ORDERS REQUIRING RESTITUTION FOR EMBEZZLEMENT OF STATE OR LOCAL GOVERNMENT FUNDS. (a) Amendment to the Employee Retirement Income Security Act of 1974.-- (1) In general.--Section 206(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1056(d)) is amended by adding at the end the following new paragraph: ``(6)(A) Paragraph (1) shall apply to the creation, assignment, or recognition of a right to any benefit payable with respect to a participant pursuant to an embezzlement restitution order, except that paragraph (1) shall not apply if the order is determined to be a qualified embezzlement restitution order. Each pension plan shall provide for the payment of benefits in accordance with the applicable requirements of any qualified embezzlement restitution order. ``(B) For purposes of this paragraph-- ``(i) the term `qualified embezzlement restitution order' means an embezzlement restitution order-- ``(I) which creates or recognizes the existence of an aggrieved State or local government's right to, or assigns to an aggrieved State or local government the right to, receive all or a portion of the benefits payable with respect to a participant under a plan, and ``(II) with respect to which the requirements of subparagraphs (C) and (D) are met, and ``(ii) the term `embezzlement restitution order' means an order arising under a judgment of conviction of an individual by a court of competent jurisdiction of the crime of embezzlement in violation of the applicable laws of the United States or of any State or political subdivision thereof, which provides for restitution to the government of any State or political subdivision thereof of losses sustained by such government in connection with embezzlement of the funds of such government by such individual. ``(C) A qualified embezzlement restitution order meets the requirements of this subparagraph only if such order clearly specifies-- ``(i) the name and the last known mailing address (if any) of the participant and the name and mailing address of each aggrieved State or local government covered by the order, ``(ii) the amount or percentage of the participant's benefits to be paid by the plan to each such aggrieved State or local government, or the manner in which such amount or percentage is to be determined, ``(iii) the number of payments or period to which such order applies, and ``(iv) each plan to which such order applies. ``(D) A qualified embezzlement restitution order meets the requirements of this subparagraph only if such order-- ``(i) does not require a plan to provide any type or form of benefit, or any option, not otherwise provided under the plan, ``(ii) does not require the plan to provide increased benefits (determined on the basis of actuarial value), and ``(iii) does not require the payment of benefits to the government of any State or political subdivision thereof which are required to be paid to any other entity-- ``(I) as an aggrieved State or local government under another order previously determined to be a qualified embezzlement restitution order, or ``(II) as an alternate payee under an order previously determined to be a qualified domestic relations order (as defined in paragraph (3)(B)(i)). ``(E) The provisions of subparagraphs (E), (G), (H), (I), and (M) of paragraph (3) shall apply for purposes of this paragraph in the same manner and to the same extent as such subparagraphs apply for purposes of paragraph (3), except that-- ``(i) any reference to a `qualified domestic relations order` or a `domestic relations order' shall be deemed a reference to a qualified embezzlement restitution order or an embezzlement restitution order, respectively, and ``(ii) any reference to an `alternate payee' shall be deemed a reference to an aggrieved State or local government. ``(F) Notwithstanding subparagraph (A), paragraph (1) shall apply with respect to the creation, assignment, or recognition of a right to any benefit payable with respect to a participant pursuant to any embezzlement restitution order if the requirements of paragraph (4)(C) are met with respect to the plan. In applying paragraph (4)(C) and paragraph (5) for purposes of this subparagraph-- ``(i) any reference to an `offset' shall be deemed a reference to the creation, assignment, or recognition of a right to any benefit payable with respect to the participant pursuant to an embezzlement restitution order, ``(ii) any reference to a `judgment, order, decree, or settlement' to pay an amount to the plan shall be deemed a reference to the embezzlement restitution order, and ``(iii) any reference to a `violation of part 4' of subtitle B shall be deemed a reference to embezzlement in violation of the applicable laws of the United States or of any State or political subdivision thereof. ``(G) For purposes of this paragraph, the term `aggrieved State or local government' means, with respect to any plan participant, the government of a State or a political subdivision thereof that is recognized by an embezzlement restitution order as having a right to receive as restitution all, or a portion of, the benefits payable under the plan with respect to such participant. ``(H) This paragraph shall not apply to any plan to which paragraph (1) does not apply. ``(I) In prescribing regulations under this paragraph, the Secretary shall consult with the Secretary of the Treasury.''. (2) Clarification of preemption provision.--Paragraph (7) of section 514(b) of such Act (29 U.S.C. 1144(b)(7)) is amended by inserting ``qualified embezzlement restitution orders (within the meaning of section 206(d)(6)(B)(i)),'' after ``section 206(d)(3)(B)(i)),''. (b) Amendments to the Internal Revenue Code of 1986.-- (1) In general.--Paragraph (13) of section 401(a) of the Internal Revenue Code of 1986 (relating to assignment and alienation) is amended by adding at the end the following new subparagraph: ``(E) Special rules for qualified embezzlement restitution orders.--Subparagraph (A) shall not apply with respect to the creation, assignment, or recognition of a right to any benefit payable with respect to a participant pursuant to an embezzlement restitution order, except that subparagraph (A) shall not apply if the order is determined to be a qualified embezzlement restitution order.''. (2) Qualified embezzlement restitution order defined.-- Section 414 of such Code (relating to definitions and special rules) is amended by adding at the end the following new subsection: ``(w) Qualified Embezzlement Restitution Order Defined.--For purposes of this subsection and section 401(a)(13)-- ``(1) In general.-- ``(A) Qualified embezzlement restitution order.-- The term `qualified embezzlement restitution order' means an embezzlement restitution order-- ``(i) which creates or recognizes the existence of an aggrieved State or local government's right to, or assigns to an aggrieved State or local government the right to, receive all or a portion of the benefits payable with respect to a participant under a plan, and ``(ii) with respect to which the requirements of paragraphs (2) and (3) are met. ``(B) Embezzlement restitution order.--The term `embezzlement restitution order' means an order arising under a judgment of conviction of an individual by a court of competent jurisdiction of the crime of embezzlement in violation of the applicable laws of the United States or of any State or political subdivision thereof, which provides for restitution to the government of any State or political subdivision thereof of losses sustained by such government in connection with the embezzlement of the funds of such government by such individual. ``(2) Order must clearly specify certain facts.--A qualified embezzlement restitution order meets the requirements of this paragraph only if such order clearly specifies-- ``(A) the name and the last known mailing address (if any) of the participant and the name and mailing address of each aggrieved State or local government covered by the order, ``(B) the amount or percentage of the participant's benefits to be paid by the plan to each such aggrieved State or local government, or the manner in which such amount or percentage is to be determined, ``(C) the number of payments or period to which such order applies, and ``(D) each plan to which such order applies. ``(3) Order may not alter amount, form, etc., of benefits.--A qualified embezzlement restitution order meets the requirements of this paragraph only if such order-- ``(A) does not require a plan to provide any type or form of benefit, or any option, not otherwise provided under the plan, ``(B) does not require the plan to provide increased benefits (determined on the basis of actuarial value), and ``(C) does not require the payment of benefits to the government of any State or political subdivision thereof which are required to be paid to any other entity-- ``(i) as an aggrieved State or local government under another order previously determined to be a qualified embezzlement restitution order, or ``(ii) as an alternate payee under an order previously determined to be a qualified domestic relations order (as defined in subsection (p)(1)(A)). ``(4) Application of certain provisions.--The provisions of paragraphs (4), (6), (7), (10), (11), and (12) of subsection (p) shall apply for purposes of this subsection and section 401(a)(13) in the same manner and to the same extent as such paragraphs apply for purposes of subsection (p) and section 401(a)(13), except that-- ``(A) any reference to a `qualified domestic relations order` or a `domestic relations order' shall be deemed a reference to a qualified embezzlement restitution order or an embezzlement restitution order, respectively, and ``(B) any reference to an `alternate payee' shall be deemed a reference to an aggrieved State or local government. ``(5) Inapplicability of embezzlement restitution orders in the case of certain survivor annuity requirements applicable to spouse.--Notwithstanding section 401(a)(13)(E), section 401(a)(13)(A) shall apply with respect to the creation, assignment, or recognition of a right to any benefit payable with respect to a participant pursuant to any embezzlement restitution order if the requirements of section 401(a)(13)(C)(iii) are met with respect to the plan. In applying subparagraphs (C)(iii) and (D) of section 401(a)(13) for purposes of this paragraph-- ``(A) any reference to an `offset' shall be deemed a reference to the creation, assignment, or recognition of a right to any benefit payable with respect to the participant pursuant to an embezzlement restitution order, ``(B) to pay an amount to the plan shall be deemed a reference to the embezzlement restitution order, and ``(C) any reference to a `violation of part 4' of subtitle B of title I of the Employee Retirement Income Security Act of 1974 shall be deemed a reference to embezzlement in violation of the applicable laws of the United States or of any State or political subdivision thereof. ``(6) Aggrieved state or local government.--The term `aggrieved State or local government' means, with respect to any plan participant, the government of any State or political subdivision thereof that is recognized by an embezzlement restitution order as having a right to receive as restitution all, or a portion of, the benefits payable under the plan with respect to such participant. ``(7) Subsection not to apply to plans to which section 401(a)(13) does not apply.--This subsection shall not apply to any plan to which section 401(a)(13) does not apply. For purposes of this title, except as provided in regulations, any distribution from an annuity contract under section 403(b) pursuant to a qualified embezzlement restitution order shall be treated in the same manner as a distribution from a plan to which section 401(a)(13) applies. ``(8) Consultation with the secretary.--In prescribing regulations under this subsection and section 401(a)(13), the Secretary of Labor shall consult with the Secretary.''. (c) Effective Date.--The amendments made by this Act shall take effect January 1, 2004.

Public Employer's Restitution Act of 2003 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to allow alienation of an individual's benefits under certain pension plans in order to satisfy, in part or whole, court judgments, decrees, or orders requiring restitution for embezzlement of State or local government funds (qualified embezzlement restitution orders). Gives priority, before payment of such benefits to a State or local government under such an order, to their payment to any other aggrieved State or local government under a previously determined qualified: (1) embezzlement restitution order; or (2) domestic relations order that has such government as an alternate payee.

To amend title I of the Employee Retirement Income Security Act and the Internal Revenue Code to allow for alienation of benefits to satisfy court judgments, decrees, or orders requiring restitution for embezzlement of State or local government funds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving American Homeownership Act of 2012''. SEC. 2. FINDINGS. The Congress finds the following: (1) The stability of the economy, housing market, and neighborhoods of the United States depends upon reducing the number of foreclosures in the United States. (2) Homeowners struggling to make payments on homes with mortgages that are deeply underwater are some of the most at risk of foreclosure. (3) A properly carried out principal modification program will preserve the assets of the government-sponsored mortgage enterprises assets and reduce taxpayer losses, consistent with the mission of the Federal Housing Finance Agency as the enterprises' conservator, and will help foster a more resilient national housing market. SEC. 3. SHARED APPRECIATION MORTGAGE MODIFICATION PILOT PROGRAMS. (a) Definitions.--In this section-- (1) the term ``capital improvement'' means a home improvement described in table 4 of Publication 530 of the Internal Revenue Service, or any successor thereto; (2) the term ``covered mortgage'' means a mortgage-- (A) that is-- (i) sold to the Federal National Mortgage Association, the Government National Mortgage Association, or the Federal Home Loan Mortgage Corporation; or (ii) insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.); (B) that is secured by real property that is the primary residence of a homeowner; (C) that has an outstanding principal balance of an amount that is greater than the appraised value of the real property securing the mortgage, on or about the date on which the homeowner is approved to participate in the pilot program under subsection (b); (D) with respect to which the homeowner is, both as of the date of the enactment of this Act and as of the date of the modification under a pilot program under subsection (b)-- (i) not fewer than 60 days delinquent; or (ii) at risk of imminent default; and (E) of a homeowner who has a documented financial hardship that prevents or will prevent the homeowner from making mortgage payments; (3) the term ``Director'' means the Director of the Federal Housing Finance Agency; (4) the term ``enterprise'' has the same meaning as in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502); (5) the term ``homeowner'' means the mortgagor under a covered mortgage; (6) the term ``investor'' means-- (A) the mortgagee under a covered mortgage; or (B) in the case of a covered mortgage that collateralizes an asset-backed security, as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)), the trustee for the asset-backed security; (7) the term ``pilot program'' means a pilot program established under subsection (b); and (8) the term ``shared appreciation mortgage modification'' means a modification of a covered mortgage in accordance with subsection (c). (b) Pilot Programs Established.--The Director of the Federal Housing Finance Agency and the Federal Housing Commissioner, in consultation with the Secretary of the Treasury, shall each establish a pilot program to encourage, through assistance provided under the Home Affordable Modification Program under the Making Home Affordable initiative of the Secretary of the Treasury, the use of shared appreciation mortgage modifications that are designed to return greater cash flow to investors than other loss-mitigation activities, including foreclosure, and result in positive net present value for the investor. (c) Shared Appreciation Mortgage Modification.--For purposes of the pilot program, a shared appreciation mortgage modification shall-- (1) reduce the loan-to-value ratio of a covered mortgage-- (A) to 115 percent immediately upon such modification, by immediately reducing the amount of principal under the covered mortgage accordingly; and (B) to 95 percent within 3 years, by reducing the amount of principal under the covered mortgage by \1/3\ at the end of each year for 3 years; (2) reduce the interest rate for a covered mortgage, if a reduction of principal under paragraph (1) would not result in a reduced monthly payment that is affordable to the homeowner; (3) reduce the amount of any periodic payment required to be made by the homeowner, so that the amount payable by the homeowner is equal to the amount that would be payable by the homeowner if, on the date on which the shared appreciation mortgage modification takes effect-- (A) all reductions of the amount of principal under paragraph (1) had been made; and (B) any reduction in the interest rate under paragraph (2) for which the covered mortgage is eligible had been made; (4) require the homeowner to pay to the investor after refinancing or selling the real property securing a covered mortgage a percentage of the amount of any increase (not to exceed 50 percent of such increase) in the value of the real property during the period beginning on the date on which the homeowner was approved to participate in the pilot program and ending on the date of the refinancing or sale that is equal to the percentage by which the investor reduced the amount of principal under the covered mortgage under paragraph (1); and (5) result in a positive net present value for the investor after taking into account the principal reduction under paragraph (1) and, if necessary, any interest rate reduction under paragraph (2). (d) Determination of Value of Home.-- (1) In general.--For purposes of this section, the value of real property securing a covered mortgage shall be determined by a licensed appraiser who is independent of and does not otherwise do business with the homeowner, servicer, investor, or an affiliate of the homeowner, servicer, or investor, except that, where available, such value may be determined using a reliable estimate of value provided by an automated valuation model of an enterprise. (2) Time for determination.--The value of real property securing a covered mortgage shall be determined on a date that is as close as practicable to the date on which a homeowner begins to participate in a pilot program. (3) Cost.-- (A) Responsibility for cost.-- (i) Initial cost.--The investor shall pay the cost of an appraisal or other determination of value under paragraph (1). (ii) Deduction from homeowner share.--At the option of the investor, the cost of an appraisal or other determination of value under paragraph (1) may be added to the amount paid by the homeowner to the investor under subsection (c)(4). (B) Reasonableness of cost.--The cost of an appraisal or other determination of value under paragraph (1) shall be reasonable, as determined by the Director and the Federal Housing Commissioner. (4) Second appraisal.--At the time of refinancing or sale of real property securing a covered mortgage, the investor may request a second appraisal of the value of the real property, at the expense of the investor, by a licensed appraiser who is independent of and does not otherwise do business with the homeowner, servicer, investor, or an affiliate of the homeowner, servicer, or investor, if the investor believes that the sale price or claimed value at the time of the refinancing is not an accurate reflection of the fair market value of the real property. (e) Eligibility for Reduction of Principal.--Each pilot program shall provide that a homeowner is not eligible for a reduction in the amount of principal under a covered mortgage under a shared appreciation mortgage modification if, after the homeowner begins participating in the pilot program, the homeowner-- (1)(A) is delinquent on more than 3 payments under the shared appreciation mortgage modification during any of the 3 successive 1-year periods beginning on the date on which the shared appreciation mortgage modification is made; and (B) fails to be current with all payments described in paragraph (1) before the end of each 1-year period described in paragraph (1); or (2) obtains a mortgage, loan, or credit, or incurs any other debt, that creates any additional lien on the residence that is subject to the covered mortgage for which the shared appreciation mortgage modification or for which such residence is used as collateral. The Director shall require, as a condition for participation in a pilot program by a homeowner, that the homeowner enter into such agreements as the Director considers necessary to ensure compliance with this subsection. (f) Notification.-- (1) In general.--Each pilot program shall require that the servicer of a covered mortgage transmit to each homeowner participating in the pilot program written notice, in clear and simple language, of how to maintain and submit any documentation of capital improvements that is necessary to ensure that the shares of any increase in the value of the real property securing the covered mortgage to which the investor and the homeowner are entitled are determined accurately. (2) Timing.--The pilot program shall require that a servicer provide the notice described in paragraph (1)-- (A) before the homeowner accepts a shared appreciation mortgage modification; and (B) before the homeowner sells or refinances the real property securing the covered mortgage. (g) Participation by Servicers.--The Director shall require each enterprise to require that any servicer of a covered mortgage in which the enterprise is an investor participate in the pilot program of the Federal Housing Finance Agency by offering shared appreciation mortgage modifications to a random and statistically significant sampling of homeowners with covered mortgages. (h) Mortgage Insurance.--The Director shall-- (1) provide that an enterprise may negotiate regarding a shared appreciation mortgage modification of a covered mortgage with any provider of mortgage insurance for a mortgage on the property subject to the covered mortgage; and (2) allow advance claim agreements with respect to such mortgage insurance policies. (i) Maintenance of Lien Status.--A shared appreciation mortgage modification of a covered mortgage under a pilot program under this section shall not impair the priority status of liens on the residence that is subject to the mortgage. (j) Studies and Reports.--The Director and the Federal Housing Commissioner shall-- (1) conduct annual studies of the pilot programs of the Federal Housing Finance Agency and the Federal Housing Administration, respectively; and (2) submit a report to the Congress containing the results of each study at the end of each of the 3 successive 1-year periods beginning on the date on which the pilot program is established. (k) Termination.--On and after the date that is 2 years after the date of enactment of this Act, the Director and the Federal Housing Commissioner may not enter into any agreement under the pilot program with respect to a shared appreciation mortgage modification.

Preserving American Homeownership Act of 2012 - Requires the Director of the Federal Housing Finance Agency and the Federal Housing Commissioner each to establish a pilot program to encourage, through assistance provided under the Home Affordable Modification Program (HAMP) under the Secretary of the Treasury's Making Home Affordable initiative, the use of shared appreciation mortgage modifications that: (1) are designed to return greater cash flow to investors than other loss-mitigation activities, including foreclosure; and (2) result in positive net present value for the investor. Requires a shared appreciation mortgage modification to: (1) reduce by specified action the loan-to-value ratio of a covered mortgage to 115% immediately upon modification and to 95% within 3 years; (2) reduce the interest rate if such a principal reduction would not result in an affordable reduced monthly payment; (3) reduce to a specified amount any periodic payment the homeowner is required to make; (4) require the homeowner to pay the investor, after refinancing or selling the real property securing a covered mortgage, up to 50% of the amount of any increase in the value of the real property during a specified period; and (5) result in a positive net present value for the investor after taking into account the principal reduction and, if necessary, any interest rate reduction. Requires the Director to: (1) provide that an enterprise may negotiate regarding a shared appreciation mortgage modification of a covered mortgage with any mortgage insurance provider for a mortgage on the subject property, and (2) allow advanced claim agreements with respect to such mortgage insurance policies.

To establish pilot programs to encourage the use of shared appreciation mortgage modifications, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Foreign Language Coordination Act of 2009''. SEC. 2. ESTABLISHMENT OF NATIONAL FOREIGN LANGUAGE COORDINATION COUNCIL. (a) Establishment.--There is established in the Executive Office of the President a National Foreign Language Coordination Council (in this Act referred to as the ``Council''), directed by a National Language Advisor (in this Act referred to as the ``Advisor'') appointed by the President. (b) Membership.--The Council shall consist of the following members or their designees: (1) The Advisor, who shall serve as the chairperson of the Council. (2) The Secretary of Education. (3) The Secretary of Defense. (4) The Secretary of State. (5) The Secretary of Homeland Security. (6) The Attorney General. (7) The Director of National Intelligence. (8) The Secretary of Labor. (9) The Secretary of Commerce. (10) The Secretary of Health and Human Services. (11) The Director of the Office of Personnel Management. (12) The heads of such other Federal agencies as the Council considers appropriate. (c) Responsibilities.-- (1) In general.--The Council shall be charged with-- (A) overseeing, coordinating, and implementing continuing national security and education language initiatives; (B) not later than 18 months after the date of enactment of this Act, developing a national foreign language strategy, building upon efforts such as the National Security Language Initiative, the National Language Conference, the National Defense Language Roadmap, the Language Continuum of the Department of State, and others, in consultation with-- (i) State and local government agencies; (ii) academic sector institutions; (iii) foreign language-related interest groups; (iv) business associations, including industry; (v) heritage associations; and (vi) other relevant stakeholders; (C) conducting a survey of the status of Federal agency foreign language and area expertise and agency needs for such expertise; and (D) monitoring the implementation of such strategy through-- (i) application of current and recently enacted laws; and (ii) the promulgation and enforcement of rules and regulations. (2) Strategy content.--The strategy developed under paragraph (1) shall include-- (A) recommendations for amendments to title 5, United States Code, in order to improve the ability of the Federal Government to recruit and retain individuals with foreign language proficiency and provide foreign language training for Federal employees; (B) the long-term goals, anticipated effect, and needs of national security language initiatives; (C) identification of crucial priorities across all sectors; (D) identification and evaluation of Federal foreign language programs and activities, including-- (i) any duplicative or overlapping programs that may impede efficiency; (ii) recommendations on coordination; (iii) program enhancements; and (iv) allocation of resources so as to maximize use of resources; (E) needed national policies and corresponding legislative and regulatory actions in support of, and allocation of designated resources to, promising programs and initiatives at all levels (Federal, State, and local), especially in the less commonly taught languages that are seen as critical for national security and global competitiveness during the next 20 to 50 years; (F) effective ways to increase public awareness of the need for foreign language skills and career paths in all sectors that can employ those skills, with the objective of increasing support for foreign language study among-- (i) Federal, State, and local leaders; (ii) students; (iii) parents; (iv) elementary, secondary, and postsecondary educational institutions; and (v) employers; (G) recommendations for incentives for related educational programs, including foreign language teacher training; (H) coordination of cross-sector efforts, including public-private partnerships; (I) coordination initiatives to develop a strategic posture for language research and recommendations for funding for applied foreign language research into issues of national concern; (J) identification of and means for replicating best practices at all levels and in all sectors, including best practices from the international community; and (K) recommendations for overcoming barriers in foreign language proficiency. (d) Submission of Strategy to President and Congress.--Not later than 18 months after the date of enactment of this Act, the Council shall prepare and submit to the President and the relevant committees of Congress the strategy required under subsection (c). (e) Meetings.--The Council may hold such meetings, and sit and act at such times and places, as the Council considers appropriate, but shall meet in formal session not less than 2 times a year. State and local government agencies and other organizations (such as academic sector institutions, foreign language-related interest groups, business associations, industry, and heritage community organizations) shall be invited, as appropriate, to public meetings of the Council at least once a year. (f) Staff.-- (1) In general.--The Advisor may-- (A) appoint, without regard to the provisions of title 5, United States Code, governing the competitive service, such personnel as the Advisor considers necessary; and (B) compensate such personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title. (2) Detail of government employees.--Upon request of the Council, any Federal Government employee may be detailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (3) Experts and consultants.--With the approval of the Council, the Advisor may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (4) Travel expenses.--Council members and staff shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. (5) Security clearance.-- (A) In general.--Subject to subparagraph (B), the appropriate Federal agencies or departments shall cooperate with the Council in expeditiously providing to the Council members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements. (B) Exception.--No person shall be provided with access to classified information under this section without the appropriate required security clearance access. (6) Compensation.--The rate of pay for any employee of the Council (including the Advisor) may not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (g) Powers.-- (1) Delegation.--Any member or employee of the Council may, if authorized by the Council, take any action that the Council is authorized to take in this Act. (2) Information.-- (A) Council authority to secure.--The Council may secure directly from any Federal agency such information, consistent with Federal privacy laws, including The Family Educational Rights and Privacy Act (20 U.S.C. 1232g) and Department of Education's General Education Provisions Act (20 U.S.C. 1232(h)), the Council considers necessary to carry out its responsibilities. (B) Requirement to furnish requested information.-- Upon request of the Advisor, the head of such agency shall furnish such information to the Council. (3) Donations.--The Council may accept, use, and dispose of gifts or donations of services or property. (4) Mail.--The Council may use the United States mail in the same manner and under the same conditions as other Federal agencies. (h) Conferences, Newsletter, and Website.--In carrying out this Act, the Council-- (1) may arrange Federal, regional, State, and local conferences for the purpose of developing and coordinating effective programs and activities to improve foreign language education; (2) may publish a newsletter concerning Federal, State, and local programs that are effectively meeting the foreign language needs of the Nation; and (3) shall create and maintain a website containing information on the Council and its activities, best practices on language education, and other relevant information. (i) Annual Report.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Council shall prepare and transmit to the President and the relevant committees of Congress a report that describes-- (1) the activities of the Council; (2) the efforts of the Council to improve foreign language education and training; and (3) impediments to the use of a National Foreign Language program, including any statutory and regulatory restrictions. (j) Establishment of a National Language Advisor.-- (1) In general.--The National Language Advisor appointed by the President shall be a nationally recognized individual with credentials and abilities across the sectors to be involved with creating and implementing long-term solutions to achieving national foreign language and cultural competency. (2) Responsibilities.--The Advisor shall-- (A) develop and monitor the implementation of a national foreign language strategy, built upon the efforts of the National Security Language Initiative, across all sectors; (B) establish formal relationships among the major stakeholders in meeting the needs of the Nation for improved capabilities in foreign languages and cultural understanding, including Federal, State, and local government agencies, academia, industry, labor, and heritage communities; and (C) coordinate and lead a public information campaign that raises awareness of public and private sector careers requiring foreign language skills and cultural understanding, with the objective of increasing interest in and support for the study of foreign languages among national leaders, the business community, local officials, parents, and individuals. (k) Encouragement of State Involvement.-- (1) State contact persons.--The Council shall consult with each State to provide for the designation by each State of an individual to serve as a State contact person for the purpose of receiving and disseminating information and communications received from the Council. (2) State interagency councils and lead agencies.--Each State is encouraged to establish a State interagency council on foreign language coordination or designate a lead agency for the State for the purpose of assuming primary responsibility for coordinating and interacting with the Council and State and local government agencies as necessary. (l) Congressional Notification.--The Council shall provide to Congress such information as may be requested by Congress, through reports, briefings, and other appropriate means. (m) Authorization of Appropriations.--There are authorized to be appropriated such sums as necessary to carry out this Act.

National Foreign Language Coordination Act of 2009 - Establishes, in the Executive Office of the President, a National Foreign Language Coordination Council to: (1) oversee and implement continuing national security and education language initiatives; (2) develop a national foreign language strategy; (3) conduct a survey of the status of federal agency foreign language and area expertise and agency needs for such expertise; and (4) monitoring the implementation of such strategy. Establishes a National Language Advisor, to be appointed by the President, to: (1) chair the Council; (2) develop and monitor implementation of the strategy, built upon the efforts of the National Security Language Initiative; (3) establish formal relationships among major stakeholders, including federal, state, and local government agencies, academia, industry, labor, and heritage communities; and (4) coordinate and lead a public information campaign. Requires the Council to consult with states to provide for designation of state contact persons. Encourages formation of state interagency councils, or designation of state lead agencies, to coordinate with the Council and state and local agencies.

A bill to establish a National Foreign Language Coordinator Council.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Eliminate the Magnet for Illegal Immigration Act of 1995''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Increase in INS investigators to enforce employer sanctions. Sec. 3. Increase in Department of Labor investigators to enforce labor standards. Sec. 4. Increase in investigators in Office of Special Counsel for Immigration-Related Unfair Employment Practices to enforce antidiscrimination provisions. Sec. 5. Subpoena and related authority. Sec. 6. Reducing the number of employment verification documents. Sec. 7. Increasing penalties for document fraud. Sec. 8. Joint targeted efforts by the INS and the Department of Labor to investigate employer sanctions and labor standards. Sec. 9. Employer education. Sec. 10. Increasing civil money penalties for hiring, recruiting, and referral violations. Sec. 11. Increasing penalties for repeated or willful violations of labor standards. Sec. 12. Increasing civil money penalties for unfair immigration- related employment practices. Sec. 13. Immigration-related discrimination. Sec. 14. Definitions. SEC. 2. INCREASE IN INS INVESTIGATORS TO ENFORCE EMPLOYER SANCTIONS. (a) In General.--In addition to such amounts as are otherwise authorized to be appropriated, there are authorized to be appropriated for each of the fiscal years 1996 and 1997 for hiring, training, salaries and expenses of personnel of the Immigration and Naturalization Service such amounts as may be necessary-- (1) to provide for an increase each year in the number of investigators of such Service by 365 full-time equivalent investigator positions above the number of such positions authorized as of May 1, 1995; and (2) to provide such personnel and resources as are necessary to assist the additional investigators in the enforcement of employer sanctions (as defined in section 14(1)). (b) Duties.--The additional investigators provided for in subsection (a) shall be assigned to investigate violations of employer sanctions with priority given to areas where there are high concentrations of unauthorized aliens (as defined in section 14(4)) who are employed. SEC. 3. INCREASE IN DEPARTMENT OF LABOR INVESTIGATORS TO ENFORCE LABOR STANDARDS. (a) In General.--In addition to such amounts as are otherwise authorized to be appropriated, there are authorized to be appropriated for each of the fiscal years 1996 and 1997 for hiring, training, salaries, and expenses of personnel of the Employment Standards Administration of the Department of Labor such amounts as may be necessary-- (1) to provide for an increase each year in the number of investigators of such Administration by 300 full-time equivalent investigator positions above the number of such positions authorized as of May 1, 1995; and (2) to provide such support personnel and resources as are necessary to assist the additional investigators in the enforcement of labor standards (as defined in section 14(3)). (b) Duties.--The additional investigators provided for in subsection (a) shall be assigned to investigate violations of labor standards with priority given to areas where there are high concentrations of unauthorized aliens who are employed. SEC. 4. INCREASE IN INVESTIGATORS IN OFFICE OF SPECIAL COUNSEL FOR IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES TO ENFORCE ANTIDISCRIMINATION PROVISIONS. (a) In General.--In addition to such amounts as are otherwise authorized to be appropriated, there are authorized to be appropriated for each of the fiscal years 1996 and 1997 for hiring, training, salaries, and expenses of personnel of the Office of Special Counsel for Immigration-Related Unfair Employment Practices in the Department of Justice such amounts as may be necessary-- (1) to provide for an increase in the number of investigators of such Office by 50 full-time equivalent investigator positions above the number of such positions authorized as of May 1, 1995; and (2) to provide such support personnel and resources as are necessary to assist the additional investigators in the enforcement of immigration-related antidiscrimination provisions (as defined in section 12(2)). (b) Duties.--The additional investigators provided for in subsection (a) shall be assigned to investigate and prosecute violations of immigration-related antidiscrimination provisions. SEC. 5. SUBPOENA AND RELATED AUTHORITY. (a) Subpoena Authority for Designated Immigration Officers.-- Sections 274A(e)(2) and 274C(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1324a(e)(2), 1324c(d)(1)) are each amended-- (1) in subparagraph (A), by striking ``and'' at the end; (2) in subparagraph (B), by striking the period and inserting ``, and''; and (3) by inserting after subparagraph (B) the following new subparagraph: ``(C) immigration officers designated by the Commissioner may compel by subpoena the attendance of witnesses and the production of evidence at any designated place prior to the date notice of an intention to impose an order under this subsection is provided.''. (b) Secretary of Labor Authority.-- (1) In general.--Title II of the Immigration and Nationality Act is amended by adding at the end the following new section: ``secretary of labor authority ``Sec. 294. (a) Subpoena Authority.--The Secretary of Labor may issue subpoenas requiring the attendance and testimony of witnesses or the production of any records, books, papers, or documents in connection with any investigation or hearing conducted in the enforcement of any immigration program for which the Secretary of Labor has been delegated enforcement authority under this title. ``(b) Authority in Hearings.--In such a hearing, the Secretary of Labor may administer oaths, examine witnesses, and receive evidence. ``(c) Enforcement for Subpoenas.--In case of contumacy or refusal to obey a subpoena lawfully issued under this section and upon application of the Secretary of Labor, an appropriate district court of the United States may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt thereof.''. (2) Clerical amendment.--The table of contents of such Act is amended by inserting after the item relating to section 293 the following: ``Sec. 294. Secretary of Labor authority.''. SEC. 6. REDUCING THE NUMBER OF EMPLOYMENT VERIFICATION DOCUMENTS. (a) In General.--Subparagraph (B) of section 274A(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)) is amended-- (1) in clause (i), by adding ``or'' at the end; (2) in clause (v), by striking ``or other alien registration card, if the card--'' and inserting ``alien registration card, or other documentation designated by regulation by the Attorney General, if the document--''; (3) in clause (v), by inserting ``and contains appropriate security features'' before the period; (4) by striking clauses (ii), (iii), and (iv); and (5) by redesignating clause (v) as clause (ii). (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to hiring, recruiting, or referring that occurs after such date (not later than 2 years after the date of the enactment of this Act) as the Attorney General shall specify. SEC. 7. INCREASING PENALTIES FOR DOCUMENT FRAUD. (a) Criminal Penalties.-- (1) Fraud and misuse of government-issued identification documents.--Section 1028(b)(1) of title 18, United States Code, is amended by striking ``five years'' and inserting ``10 years'' and by adding at the end the following new provision: ``Notwithstanding any other provision of this title, the maximum term of imprisonment that may be imposed for an offense under this section-- ``(1) if committed to facilitate a drug trafficking crime (as defined in section 929(a)) is 15 years; and ``(2) if committed to facilitate an act of international terrorism (as defined in section 2331) is 20 years.''. (2) Changes to the sentencing levels.--Pursuant to section 994 of title 28, United States Code, and section 21 of the Sentencing Act of 1987, the United States Sentencing Commission shall promptly promulgate guidelines, or amend existing guidelines, to make appropriate increases in the base offense levels for offenses under section 1028(a) of title 18, United States Code. (b) Civil Penalties.-- (1) Activities prohibited.--Section 274C(a) of the Immigration and Nationality Act (8 U.S.C. 1324c(a)) is amended-- (A) in paragraph (3), by striking ``or'' at the end; (B) in paragraph (4), by striking the period and inserting ``, or''; and (C) by adding at the end the following: ``(5) to present before boarding a common carrier for the purpose of coming to the United States a document that relates to the alien's eligibility to enter the United States and to fail to present such document to an immigration officer upon arrival at a United States port of entry, or ``(6) in reckless disregard of the fact that the information is false or does not relate to the applicant, to prepare, to file, or to assist another in preparing or filing, documents which are falsely made for the purpose of satisfying a requirement of this Act. The Attorney General may waive the penalties of this section with respect to an alien who knowingly violates paragraph (5) if the alien is subsequently granted asylum under section 208 or withholding of deportation under section 243(h). For the purposes of this section, a document relating to an individual shall be considered to be `falsely' made if the document was prepared with knowledge or in reckless disregard of the fact that the document contains false, fictitious, or fraudulent information or material misrepresentation, or fails to include a material fact pertaining to the individual.''. (2) Conforming amendments.--Section 274C(d)(3) of such Act (8 U.S.C. 1324c(d)(3)) is amended by striking ``each document used, accepted, or created and each instance of use, acceptance, or recreation'' each place it appears in subparagraphs (A) and (B) and inserting ``each document that is the subject of a violation under subsection (a)''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply with respect to violations that occur on or after the end of the 6-month period beginning on the date of the enactment of this Act. SEC. 8. JOINT TARGETED EFFORTS BY THE INS AND THE DEPARTMENT OF LABOR TO INVESTIGATE EMPLOYER SANCTIONS AND LABOR STANDARDS. (a) In General.--The Secretary of Labor shall establish, in consultation with the Commissioner of Immigration and Naturalization and not later than 3 months after the date of the enactment of this Act, programs for the Immigration and Naturalization Service and Department of Labor to jointly investigate violations of employer sanctions and labor standards and target areas where there are high concentrations of unauthorized aliens who are employed. (b) Performance Review.--Not later than 6 months after the date the Secretary of Labor and the Commissioner of Immigration and Naturalization have established the programs referred to in subsection (a), the National Performance Review in the Office of the Vice- President shall assess the programs and identify the best strategies for targeting industries likely to violate both employer sanctions and labor standards. SEC. 9. EMPLOYER EDUCATION. The Attorney General, in consultation with the Secretary of Labor, the Small Business Administrator, and the Commissioner of Internal Revenue, shall conduct a nationwide program to inform employers about their responsibilities concerning employer sanctions, labor standards, and immigration-related antidiscrimination provisions. SEC. 10. INCREASING CIVIL MONEY PENALTIES FOR HIRING, RECRUITING, AND REFERRAL VIOLATIONS. (a) In General.--Subparagraph (A) of section 274A(e)(4) of the Immigration and Nationality Act (8 U.S.C. 1324a(e)(4)) is amended-- (1) in clause (i), by striking ``$250 and not more than $2,000'' and inserting ``$1,000 and not more than $3,000''; (2) in clause (ii), by striking ``$2,000 and not more than $5,000'' and inserting ``$3,000 and not more than $8,000''; and (3) in clause (iii), by striking ``3,000 and not more than $10,000'' and inserting ``$10,000 and not more than $25,000''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to violations that occur on or after the end of the 6-month period beginning on the date of the enactment of this Act. SEC. 11. INCREASING PENALTIES FOR REPEATED OR WILLFUL VIOLATIONS OF LABOR STANDARDS. (a) In General.--Section 274A(h) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the following new paragraph: ``(4) Increased penalties.--In the case of a person or entity that has been found through a final administrative determination or determination by a court (which finding has not been reversed) to have willfully or repeatedly violated one or more labor standards with respect to an unauthorized alien who is employed, each dollar amount specified in subsections (e)(4), (e)(5), and (g)(2) shall be twice the dollar amount otherwise specified for violation occurring during the 10-year period beginning on the date of such determination.''. (b) Conforming Amendments.--Section 274A of such Act (8 U.S.C. 1324a) is amended-- (1) in paragraphs (4)(A) and (5) of subsection (e), by inserting ``(subject to subsection (h)(4))'' after ``in an amount''; and (2) in subsection (g)(2), by striking ``of $1,000'' and inserting ``in an amount (subject to subsection (h)(4)) equal to $1,000''. (c) Effective Date.--The amendments made by this section shall apply with respect to violations of employer sanctions that occur on or after the end of the 6-month period beginning on the date of the enactment of this Act, but shall not apply to violations of labor standards occurring before the date of the enactment of this Act. SEC. 12. INCREASING CIVIL MONEY PENALTIES FOR UNFAIR IMMIGRATION- RELATED EMPLOYMENT PRACTICES. (a) In General.--Clause (iv) of section 274B(g)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1324b(g)(2)(B)) is amended-- (1) in subclause (I), by striking ``$250 and not more than $2,000'' and inserting ``$1,000 and not more than $3,000''; (2) in subclause (II), by striking ``$2,000 and not more than $5,000'' and inserting ``$3,000 and not more than $8,000''; (3) in subclause (III), by striking ``3,000 and not more than $10,000'' and inserting ``$10,000 and not more than $25,000''; and (4) in subclause (IV), by striking ``100 and not more than $1,000'' and inserting ``$200 and not more than $5,000''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to violations that occur on or after the end of the 6-month period beginning on the date of the enactment of this Act. SEC. 13. IMMIGRATION-RELATED DISCRIMINATION. (a) Study.--The Attorney General shall provide for a study on the effect increased enforcement of employer sanctions has on discrimination in the workplace based on national origin or citizenship since 1989. (b) Report.--Not later than 2 years after the date of the enactment of this Act, the Attorney General shall submit to Congress a report on the study under subsection (a). Such report shall include recommendations regarding how such discrimination may be prevented. SEC. 14. DEFINITIONS. For purposes of this Act: (1) Employer sanctions.--The term ``employer sanctions'' means the requirements of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). (2) Immigration-related antidiscrimination provisions.--The term ``immigration-related antidiscrimination provisions'' means the provisions of section 274B of the Immigration and Nationality Act (8 U.S.C. 1324b). (3) Labor standards.--The term ``labor standards'' includes requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.), and the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et. seq.). (4) Unauthorized alien.--The term ``unauthorized alien'' has the meaning given such term in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).

Eliminate the Magnet for Illegal Immigration Act of 1995 - Authorizes additional appropriations for increases in: (1) Immigration and Naturalization Service (INS) investigators to enforce employer sanctions; (2) Department of Labor investigators to enforce labor standards; and (3) Office of Special Counsel for Immigration-Related Unfair Employment Practices (Department of Justice) investigators to enforce antidiscrimination provisions. Amends the Immigration and Nationality Act to grant specified subpoena authority to designated immigration officers and to the Secretary of Labor. Increases specified penalties for: (1) document fraud; (2) hiring, recruiting, and referral violations; (3) labor standards violations; and (4) unfair immigration-related employment practices. Provides for joint INS-Department of Labor efforts to investigate violations of employer sanctions and labor standards. Directs the Attorney General to conduct: (1) a national employer education program; and (2) a study of immigration-related discrimination.

Eliminate the Magnet for Illegal Immigration Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``9/11 Memorial Cross National Monument Establishment Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) the 9/11 Memorial Cross is located at the National 9/11 Memorial Museum at the intersection of Albany and Greenwich Streets at 1 Albany Street, New York, NY 10006; (2) after the terrorist attacks of September 11, 2001, on New York City, a massive operation was launched to clear the site and attempt to find any survivors amongst the rubble; (3) when One World Trade Center collapsed, it sent debris down onto 6 World Trade Center, and gutted the interior of the building. In the midst of the debris was this intact cross beam, which its discoverer believes came from One World Trade Center; (4) first encountered by construction worker Frank Silecchia in the vicinity of where 6 World Trade Center had stood, the 17-foot-tall cross became an icon of hope and comfort throughout the recovery effort in the wake of the September 11, 2001 attacks; (5) after a few weeks an expedited approval from the office of New York Mayor Rudy Giuliani was granted to erect it on a pedestal on a portion of the former plaza on Church Street near Liberty; (6) the 9/11 Memorial Cross was moved by crane on October 3, 2001, and installed on October 4, 2001, where it continued as a shrine and tourist attraction; (7) on July 23, 2011, the cross was transported onto the World Trade Center site and lowered into its permanent setting inside the Museum, which will open to the public in 2012; (8) the 9/11 Memorial Cross has received international attention; and (9) Port Authority of New York and New Jersey, the World Trade Center Memorial Foundation and Mayor Michael R. Bloomberg, have been working together-- (A) to protect the site; and (B) to develop further educational opportunities using artifacts from the site itself to tell the story of not only what happened on 9/11 but the 9-month recovery period that followed. SEC. 3. DEFINITIONS. In this Act: (1) City.--The term ``City'' means the city of New York, New York. (2) Management plan.--The term ``management plan'' means the management plan for the Monument prepared under section 5(c)(1). (3) Map.--The term ``map'' means the map entitled ``Proposed Boundary Waco-Mammoth National Monument'', numbered T21/80,000, and dated April 2009. (4) Monument.--The term ``Monument'' means the 9/11 Memorial Cross, which is owned by the Museum. (5) Museum.--The term ``Museum'' means the National 9/11 Memorial Museum in the State. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of New York. SEC. 4. 9/11 MEMORIAL CROSS NATIONAL MONUMENT, NEW YORK. The 9/11 Memorial Cross is hereby established as a national monument. SEC. 5. ADMINISTRATION OF MONUMENT. (a) In General.--The Secretary shall administer the Monument in accordance with-- (1) this Act; and (2) any cooperative agreements entered into under subsection (b)(1). (b) Authorities of Secretary.-- (1) Cooperative agreements.--The Secretary may enter into cooperative management agreements with the Museum and the City, in accordance with section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)). (2) Acquisition of land.--The Secretary may acquire by donation from the City any land or interest in land owned by the City within the proposed boundary of the Monument. (c) General Management Plan.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the Museum and the City, shall complete a general management plan for the Monument. (2) Inclusions.--The management plan shall include, at a minimum-- (A) measures for the preservation of the resources of the Monument; (B) requirements for the type and extent of development and use of the Monument; (C) identification of the capacity of the Monument for accommodating visitors; and (D) opportunities for involvement by the Museum, City, State, and other local and national entities in-- (i) developing educational programs for the Monument; and (ii) developing and supporting the Monument. (d) Prohibition of Use of Federal Funds.--No Federal funds may be used to pay the costs of-- (1) carrying out a cooperative agreement under subsection (b)(1); (2) acquiring land for inclusion in the Monument under subsection (b)(2); (3) developing a visitor center for the Monument; (4) operating or maintaining the Monument; (5) constructing exhibits for the Monument; or (6) developing the general management plan under subsection (c). (e) Use of Non-Federal Funds.--Non-Federal funds may be used to pay any costs that may be incurred by the Secretary or the National Park Service in carrying out this section. (f) Effect on Eligibility for Financial Assistance.--Nothing in this Act affects the eligibility of the Monument for Federal grants or other forms of financial assistance that the Monument would have been eligible to apply for had National Park System status not been conferred to the Monument under this Act. (g) Termination of National Park System Status.-- (1) In general.--Designation of the Monument as a unit of the National Park System shall terminate if the Secretary determines that Federal funds are required to operate and maintain the Monument. (2) Reversion.--If the designation of the Monument as a unit of the National Park System is terminated under paragraph (1), any land acquired by the Secretary from the City under subsection (b)(2) shall revert to the City. SEC. 6. NO BUFFER ZONES. Nothing in this Act, the establishment of the Monument, or the management plan shall be construed to create buffer zones outside of the Monument.

9/11 Memorial Cross National Monument Establishment Act of 2011 - Establishes the 9/11 Memorial Cross located at the National 9/11 Memorial Museum in the city of New York, New York, as a national monument. Requires the Secretary of the Interior to complete a general management plan for such monument. Terminates designation of such monument as a unit of the National Park System if federal funds are required for the operation and maintenance of the monument.

To establish the 9/11 Memorial Cross located at the National 9/11 Memorial Museum in New York as a national monument, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims of Rape Health Protection Act''. SEC. 2. BYRNE GRANT REDUCTION FOR NONCOMPLIANCE. (a) Grant Reduction for Noncompliance.--Section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) is amended by adding at the end the following: ``(g) Sex Offender HIV Testing.-- ``(1) In general.--The funds available under this subpart for a State shall be reduced by 10 percent and redistributed under paragraph (2) unless the State demonstrates to the satisfaction of the Director that the laws or regulations of the State with respect to a defendant against whom an information or indictment is presented for a crime in which by force or threat of force the perpetrator compels the victim to engage in a sexual act (as defined in subsection (f)(3)(B)), the State requires as follows: ``(A) That the defendant be tested for HIV disease if-- ``(i) the nature of the alleged crime is such that the sexual act would have placed the victim at risk of becoming infected with HIV; and ``(ii) the victim requests the test. ``(B) That if the conditions specified in subparagraph (A) are met-- ``(i) the defendant undergo the test not later than-- ``(I) 48 hours after the date on which the information or indictment is presented; or ``(II) 48 hours after the request of the victim if that request is made after the date on which the information or indictment is presented; ``(ii) the results of the test shall be confidential except as provided in clause (iii) and except as otherwise provided under State law; and ``(iii) that as soon as is practicable the results of the test be made available to-- ``(I) the victim; and ``(II) the defendant (or if the defendant is a minor, to the legal guardian of the defendant). Nothing in this subparagraph shall be construed to bar a State from restricting the victim's disclosure of the defendant's test results to third parties as a condition of making such results available to the victim. ``(C) That if the defendant has been tested pursuant to subparagraph (B), the defendant, upon request of the victim, undergo such follow-up tests for HIV as may be medically appropriate, and that as soon as is practicable after each such test the results of the test be made available in accordance with subparagraph (B) (except that this subparagraph applies only to the extent that the individual involved continues to be a defendant in the judicial proceedings involved, or is convicted in the proceedings). ``(2) Redistribution.--Any funds available for redistribution shall be redistributed to participating States that comply with the requirements of paragraph (1). ``(3) Compliance.--The Attorney General shall issue regulations to ensure compliance with the requirements of paragraph (1).''. (b) Conforming Amendment.--Section 506(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by striking ``subsection (f),'' and inserting ``subsections (f) and (g),''. (c) Funding.--Section 501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended-- (1) in paragraph (25), by striking ``and'' after the semicolon; (2) in paragraph (26), by striking the period and inserting ``; and''; and (3) by inserting at the end the following: ``(27) programs to test defendants for HIV disease in accordance with the terms of subsection (g).''. (d) Effective Date.-- (1) Program.--The amendments made by subsections (a) and (b) shall take effect on the first day of the fiscal year succeeding the first fiscal year beginning 2 years after the date of the enactment of this Act. (2) Funding.--The amendment made by subsection (c) shall take effect on the date of enactment of this Act.

Allows funds reduced for noncompliance with such requirements to be redistributed to complying States.

Victims of Rape Health Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Building upon Unique Indian Learning and Development Act''. SEC. 2. IN-SCHOOL FACILITY INNOVATION PROGRAM CONTEST. (a) In General.--The Secretary of the Interior shall-- (1) establish an in-school facility innovation program contest in which institutions of higher education, including Tribal Colleges and Universities (as defined in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c)), are encouraged to consider solving the problem of how to improve school facilities for tribal schools and schools served by the Bureau of Indian Education as part of problem-based learning in their coursework and through extracurricular opportunities; and (2) establish an advisory group for the contest described in paragraph (1) that shall include students enrolled at a Tribal College or University, a representative from the Bureau of Indian Education, and engineering and fiscal advisors. (b) Submission of Finalists to the Indian Affairs Committee.--The Secretary of the Interior shall submit the finalists to the Committee on Indian Affairs of the Senate. (c) Winners.--The Secretary of the Interior shall-- (1) determine the winners of the program contest conducted under this section; and (2) award the winners appropriate recognition and reward. SEC. 3. DEPARTMENT OF THE INTERIOR AND DEPARTMENT OF EDUCATION JOINT OVERSIGHT BOARD. (a) In General.--The Secretary of Education and the Secretary of the Interior shall jointly establish a Department of the Interior and Department of Education Joint Oversight Board that shall-- (1) be co-chaired by both Departments; and (2) coordinate technical assistance, resource distribution, and capacity building between the 2 departments on the education of and for Native American students. (b) Information To Be Shared.--The Joint Oversight Board shall facilitate the communication, collaboration, and coordination between the Department of the Interior and the Department of Education regarding education policies, access to and eligibility for Federal resources, budget and school leadership development, and other issues, as appropriate. SEC. 4. IMPROVE SUPPORT FOR TEACHERS AND ADMINISTRATORS OF NATIVE AMERICAN STUDENTS. Subpart 2 of part A of title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441 et seq.) is amended by adding at the end the following: ``SEC. 7123. TEACHER AND ADMINISTRATOR PIPELINE FOR TEACHERS AND ADMINISTRATORS OF NATIVE AMERICAN STUDENTS. ``(a) Grants Authorized.--The Secretary shall award grants to eligible entities to enable such entities to create or expand a teacher or administrator, or both, pipeline for teachers and administrators of Native American students. ``(b) Eligible Entity.--In this section, the term `eligible entity' means-- ``(1) a local educational agency; ``(2) an institution of higher education; ``(3) a Tribal College or University (as defined in section 316 of the Higher Education Act of 1965); or ``(4) a nonprofit organization. ``(c) Priority.--In awarding grants under this section, the Secretary shall give priority to Tribal Colleges and Universities (as defined in section 316 of the Higher Education Act of 1965). ``(d) Activities.--An eligible entity that receives a grant under this section shall create a program that shall prepare, recruit, and provide continuing education for teachers and administrators of Native American students, in particular for teachers of-- ``(1) science, technology, engineering, and mathematics; ``(2) subjects that lead to health professions; and ``(3) green skills and `middle skills', including electrical, welding, technology, plumbing, and green jobs. ``(e) Incentives for Teachers and Administrators.--An eligible entity that receives a grant under this section may provide incentives to teachers and principals who make a commitment to serve high-need, high-poverty, tribal schools, including in the form of scholarships, loan forgiveness, incentive pay, or housing allowances. ``(f) School and Community Orientation.--An eligible entity that receives a grant under this section shall develop an evidence-based, culturally-based school and community orientation for new teachers and administrators of Native American students.''. SEC. 5. NATIVE AMERICAN STUDENT SUPPORT. (a) Standards-Based Assessments.--Section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)) is amended by adding at the end the following: ``(E) Standards-based education assessments.-- Notwithstanding any other provision of this Act, a State, in consultation with Indian tribes or Tribal Colleges and Universities (as defined in section 316 of the Higher Education Act of 1965), shall develop standards-based education assessments and classroom lessons to accommodate diverse learning styles, which assessments may be used by the State in place of the general assessments described in subparagraph (A).''. (b) Support.--The Secretary of Education shall expand programs for Native American school children-- (1) to provide support for learning in the children's Native language and culture; and (2) to provide English language instruction. (c) Research.--The Comptroller General of the United States shall conduct research on culture- and language-based education to identify the factors that improve education and health outcomes. (d) Native Language Teaching.--Section 1119 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) is amended by adding at the end the following: ``(m) Qualifications for Native Language Teachers.-- ``(1) In general.--Notwithstanding any other provision of law, the requirements of subsection (a) for local educational agencies and States with respect to highly qualified teachers shall not apply to a teacher of a Native language. ``(2) Alternative licensure or certification.--Each State educational agency receiving assistance under this part shall, through collaboration with Indian tribes or Tribal Colleges and Universities (as defined in section 316 of the Higher Education Act of 1965), as appropriate, develop a licensure or certification process for teachers of a Native language.''. (e) Reauthorization of the Grant Program To Ensure the Survival and Continuing Vitality of Native American Languages.--Section 816(e) of the Native American Programs Act of 1974 (42 U.S.C. 2992d(e)) is amended by striking ``2008, 2009, 2010, 2011, and 2012'' and inserting ``2015, 2016, 2017, 2018, and 2019''. SEC. 6. INCREASED ACCESS TO RESOURCES FOR TRIBAL SCHOOLS, SCHOOLS SERVED BY THE BUREAU OF INDIAN EDUCATION, AND NATIVE AMERICAN STUDENTS. (a) Reservation for Bureau-Funded Schools and Programs and Schools Operated by a Tribe or Tribal Organization.-- (1) In general.--The Secretary of Education shall ensure that any program administered by the Department of Education that awards grants, contracts, or other assistance to benefit elementary schools and secondary schools (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) or prekindergarten or early childhood programs, provides a reservation, as described in this subsection, for 1 or more of the following categories of entities, as determined appropriate by the Secretary of Education for each such grant, contract, or assistance program: (A) Bureau-funded schools (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)). (B) Prekindergarten programs or early childhood programs or services operated by a tribe or Indian organization (as defined in such section). (C) Elementary schools or secondary schools operated by a tribe or Indian organization (as defined in such section). (2) Amount of reservation.-- (A) Existing reservation of funds.--In the case of a grant, contract, or assistance program provided by the Department of Education to benefit elementary schools and secondary schools (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) or prekindergarten or early childhood programs for which funds are reserved for entities described in paragraph (1), or for a group that may include such entities-- (i) if the existing reservation of funds is for an amount that is less than 0.5 percent, the amount of such reservation shall be increased to 0.5 percent; and (ii) if the existing reservation of funds is for an amount that is equal to or greater than 0.5 percent, the amount of such reservation shall be maintained. (B) No existing reservation of funds.--In the case of a grant, contract, or assistance program provided by the Department of Education to benefit elementary schools and secondary schools (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) or prekindergarten or early childhood programs for which no funds are reserved for the entities described in paragraph (1), the Secretary of Education shall reserve 0.5 percent of such funds for such entities, as determined by the Secretary of Education in accordance with paragraph (1). (3) Use of reserved funds.--Funds reserved under this section shall be used in accordance with the uses of funds described for each particular grant, contract, or assistance program. In addition to program support, such reserved funds may be used, in an amount determined by the Secretary of Education, for technical assistance or capacity building to ensure that the schools or programs described in paragraph (1) are provided the assistance to compete for such grants, contracts, or other assistance. (4) Effect on other laws.--The Secretary of Education shall carry out this subsection notwithstanding any other provision of law. (b) Safe and Healthy Schools for Native American Students.--Subpart 2 of part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7131 et seq.) is amended by adding at the end the following: ``SEC. 4131. SAFE AND HEALTHY SCHOOLS FOR NATIVE AMERICAN STUDENTS. ``From funds made available to carry out this subpart, the Secretary shall-- ``(1) establish a program to improve school environments and student skill development for healthy choices for Native American students, including-- ``(A) prevention regarding-- ``(i) alcohol and drug misuse; ``(ii) suicide; ``(iii) violence; ``(iv) pregnancy; and ``(v) obesity; ``(B) nutritious eating programs; and ``(C) anger and conflict management programs; ``(2) establish a program for school dropout prevention for Native American students; and ``(3) collaborate with the Secretary of Agriculture to establish tribal-school specific school gardens and nutrition programs that are within the tribal cultural context.''. SEC. 7. FUNDS FOR IMPACT AID. In addition to amounts otherwise appropriated to carry out title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.), there are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, to carry out such title VIII the following: (1) $750,000,000 for fiscal year 2016. (2) $750,000,000 for fiscal year 2017. (3) $750,000,000 for fiscal year 2018. SEC. 8. FORWARD FUNDING FOR TRIBAL COLLEGES. For carrying out the following programs, there are authorized to be appropriated $31,500,000 for fiscal year 2016 which shall become available on July 1, 2016, and shall remain available through September 30, 2017: (1) Programs under title V of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1861 et seq.). (2) The Institute of American Indian and Alaska Native Culture and Arts Development established under the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4401 et seq.). (3) Institutional operations grants for the Haskell Indian Nations University and Southwestern Indian Polytechnic Institute under the authority of the Act of November 2, 1921 (25 U.S.C. 13), popularly known as the Snyder Act. (4) Scholarships and adult education and special higher education scholarships under the authority of the Act of November 2, 1921 (25 U.S.C. 13), popularly known as the Snyder Act. SEC. 9. DEFINITION OF TRIBAL SCHOOL. (a) ESEA Definition.--Section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is amended by adding at the end the following: ``(44) Tribal school.--The term `tribal school' means-- ``(A) a school that is a Bureau-funded school, as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021); ``(B) a prekindergarten program, early childhood program or service, or elementary school or secondary school, operated by an Indian tribe or tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)); ``(C) a school that is located on Indian lands (as defined in section 8013); or ``(D) a school in which a predominance of the students who attend the school are Native American or Alaska Native students, as determined by the Secretary.''. (b) Definition for This Act.--In this Act, the term ``tribal school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) (as amended by subsection (a)).

Building upon Unique Indian Learning and Development Act Directs the Department of the Interior to establish a contest to encourage institutions of higher education (IHEs) to consider how to improve Indian school facilities. Requires the Department of Education (ED) and Interior to establish a Joint Oversight Board to coordinate Indian education policies and assistance. Amends the Elementary and Secondary Education Act of 1965 (ESEA) to award grants to create or expand pipelines for teachers and administrators of Native American students. Requires states receiving grants under part A of title I of the ESEA (Education for the Disadvantaged) to develop standards-based assessments and classroom lessons that accommodate diverse learning styles. Expands programs for Native American school children to support learning in the children's Native language and culture and provide English language instruction. Exempts Native language teachers from qualification requirement. Requires states to develop an alternative licensure or certification process for those teachers. Amends the Native American Programs Act of 1974 to extend through FY2019 the grant program to ensure the survival and continuing vitality of Native American languages. Requires ED to: (1) improve school environments and student skill development for Native American students, (2) establish a program for school dropout prevention for Native American students, and (3) collaborate with the Department of Agriculture to establish tribal-school specific gardens and nutrition programs. Extends through FY2018 and appropriates funds for the Impact Aid program. Extends through FY2016: (1) the tribally controlled postsecondary career and technical institutions program, (2) the Institute of American Indian and Alaska Native Culture and Arts Development, (3) grants for the Haskell Indian Nations University and Southwestern Indian Polytechnic Institute, and (4) scholarships under the Snyder Act.

Building upon Unique Indian Learning and Development Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Addressing Community Challenges Emerging From Self-Driving Systems'' or the ``ACCESS Act''. SEC. 2. ADVISORY COUNCIL ON IMPROVING MOBILITY ACCESS FOR UNDERSERVED POPULATIONS AND SENIOR CITIZENS. (a) Establishment.--Subject to the availability of appropriations, not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall establish in the National Highway Traffic Safety Administration an Advisory Council on Improving Mobility Access for Underserved Populations and Senior Citizens (hereinafter referred to as the ``Council''). (b) Membership.--Members of the Council shall include a diverse group representative of business, academia and independent researchers, State and local authorities, safety and consumer advocates, engineers, labor organizations, environmental experts, a representative of the National Highway Traffic Safety Administration, and other members determined to be appropriate by the Secretary. The Council shall be composed of not less than 15 and not more than 30 members appointed by the Secretary. (c) Terms.--Members of the Council shall be appointed by the Secretary of Transportation and shall serve for a term of three years. (d) Vacancies.--Any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment for the position being vacated. The vacancy shall not affect the power of the remaining members to execute the duties of the Council. (e) Duties.--The Council shall undertake information gathering activities, develop technical advice, and present best practices or recommendations to the Secretary regarding mobility access for senior citizens and populations underserved by traditional public transportation services and educational outreach efforts with respect to the testing and distribution of highly automated vehicles in commerce. (f) Report to Congress.--The recommendations of the Council shall also be reported to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (g) Federal Advisory Committee Act.--The establishment and operation of the Council shall conform to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.). (h) Technical Assistance.--On request of the Council, the Secretary shall provide such technical assistance to the Council as the Secretary determines to be necessary to carry out the Council's duties. (i) Detail of Federal Employees.--On the request of the Council, the Secretary may detail, with or without reimbursement, any of the personnel of the Department of Transportation to the Council to assist the Council in carrying out its duties. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (j) Payment and Expenses.--Members of the Council shall serve without pay, except travel and per diem will be paid each member for meetings called by the Secretary. (k) Termination.--The Council shall terminate 6 years after the date of enactment of this Act. (l) Definitions.-- (1) In general.--In this section-- (A) the term ``automated driving system'' means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain; (B) the term ``dynamic driving task'' means all of the real time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints, and including-- (i) lateral vehicle motion control via steering; (ii) longitudinal vehicle motion control via acceleration and deceleration; (iii) monitoring the driving environment via object and event detection, recognition, classification, and response preparation; (iv) object and event response execution; (v) maneuver planning; and (vi) enhancing conspicuity via lighting, signaling, and gesturing; (C) the term ``highly automated vehicle''-- (i) means a motor vehicle equipped with an automated driving system; and (ii) does not include a commercial motor vehicle (as defined in section 31101 of title 49, United States Code); and (D) the term ``operational design domain'' means the specific conditions under which a given driving automation system or feature thereof is designed to function. (2) Revisions to certain definitions.-- (A) If SAE International (or its successor organization) revises the definition of any of the terms defined in subparagraph (A), (B), or (D) of paragraph (1) in Recommended Practice Report J3016, it shall notify the Secretary of the revision. The Secretary shall publish a notice in the Federal Register to inform the public of the new definition unless, within 90 days after receiving notice of the new definition and after opening a period for public comment on the new definition, the Secretary notifies SAE International (or its successor organization) that the Secretary has determined that the new definition does not meet the need for motor vehicle safety, or is otherwise inconsistent with the purposes of chapter 301 of title 49, United States Code. If the Secretary so notifies SAE International (or its successor organization), the existing definition in paragraph (1) shall remain in effect. (B) If the Secretary does not reject a definition revised by SAE International (or its successor organization) as described in subparagraph (A), the Secretary shall promptly make any conforming amendments to the regulations and standards of the Secretary that are necessary. The revised definition shall apply for purposes of this section. The requirements of section 553 of title 5, United States Code, shall not apply to the making of any such conforming amendments. (C) Pursuant to section 553 of title 5, United States Code, the Secretary may update any of the definitions in subparagraph (A), (B), or (D) of paragraph (1) if the Secretary determines that materially changed circumstances regarding highly automated vehicles have impacted motor vehicle safety such that the definitions need to be updated to reflect such circumstances.

Addressing Community Challenges Emerging From Self-Driving Systems or the ACCESS Act This bill directs the Department of Transportation (DOT) to establish in the National Highway Traffic Safety Administration an Advisory Council on Improving Mobility Access for Underserved Populations and Senior Citizens. The council shall undertake information gathering activities, develop technical advice, and present best practices or recommendations to DOT regarding mobility access for senior citizens and populations underserved by traditional public transportation services and educational outreach efforts with respect to the testing and distribution of highly automated vehicles in commerce. A "highly automated vehicle" is defined as a motor vehicle (excluding a commercial motor vehicle) equipped with an automated driving system. An "automated driving system" is defined as the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain.

Addressing Community Challenges Emerging From Self-Driving Systems

SECTION 1. ELIGIBILITY FOR LOANS. (a) In General.--Title I of the Rural Electrification Act of 1936 (7 U.S.C. 901-918) is amended by adding at the end the following: ``SEC. 19. ELIGIBILITY FOR LOANS. ``Notwithstanding any other provision of this Act, a person shall not be eligible for a loan under this Act to finance an activity for a period of time unless the person is unable to obtain sufficient credit elsewhere to finance the activity at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms for loans for similar activities and periods of time.''. (b) Conforming Amendments.--Section 307 of such Act (7 U.S.C. 937) is hereby repealed. SEC. 2. REDUCTION OF LOAN SUBSIDIES. (a) In General.--Title I of the Rural Electrification Act of 1936 (7 U.S.C. 901-918) is amended by adding after the section added by section 1(a) of this Act the following: ``SEC. 20. INTEREST RATE ON LOANS AND ADVANCES UNDER THIS ACT. ``The rate of interest on any loan made on or after the date of the enactment of this section, and on any advance made on or after such date under loan commitments made at any time, under this Act, shall equal such rate (exceeding the coupon equivalent yield on obligations of the Treasury of the United States of comparable maturity, at the most recent auction of such obligations by the Department of the Treasury) as the Administrator determines is appropriate, taking into account the purpose for which the loan is to be made, the creditworthiness of the borrower, and the term of the loan.''. (b) Conforming Amendments.-- (1) Section 4 of such Act (7 U.S.C. 904) is amended by striking ``, and shall bear interest at the rate of 2 per centum per annum''. (2) Section 5 of such Act (7 U.S.C. 905) is amended by striking ``, and shall be at a rate of interest of 2 per centum per annum''. (3) Section 305 of such Act (7 U.S.C. 935) is amended by striking subsection (b), and by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (4) Section 408(b) of such Act (7 U.S.C. 948(b)) is amended by striking paragraph (3), and by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively. SEC. 3. TERMINATION OF AUTHORITIES RELATED TO TELEPHONE LOANS, AND AUTHORITIES RELATED TO GRANTS. (a) Amendments to Section 2.--Section 2 of such Act (7 U.S.C. 902) is amended-- (1) by striking ``and for the purpose of furnishing and improving telephone service in rural areas''; and (2) by striking ``and the furnishing of adequate telephone service in rural areas''. (b) Amendment to Section 3.--Section 3(a) of such Act (7 U.S.C. 903(a)) is amended by striking ``and for the purpose of financing the improvement, expansion, construction, acquisition, and operation of facilities to render telephone service''. (c) Amendments to Section 11A.--Section 11A of such Act (7 U.S.C. 911a) is amended-- (1) in subsection (a), by striking ``and telephone''; (2) in subsection (c)(1), by striking ``or telephone''; and (3) in subsection (c)(2), by striking ``and the Assistant Administrator for Telephone''. (d) Amendment to Section 18.--Section 18 of such Act (7 U.S.C. 918) is amended by striking ``and the Governor of the telephone bank''. (e) Repeal of Title II.--Title II of such Act (7 U.S.C. 922-928) is hereby repealed. (f) Amendments to Section 301.--Section 301 of such Act (7 U.S.C. 931) is amended-- (1) in the section heading, by striking ``and Telephone''; and (2) in subsection (a), in the matter preceding paragraph (1), by striking ``and Telephone''. (g) Amendments to Section 302.--Section 302 of such Act (7 U.S.C. 932) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``4, 5, and 201'' and inserting ``4 and 5''; and (B) in paragraph (2), by striking ``and telephone''; and (2) by striking subsection (c). (h) Amendment to Section 305.--Section 305 of such Act (7 U.S.C. 935) is amended by striking subsection (d). (i) Amendments to Section 306.--Section 306 of such Act (7 U.S.C. 936) is amended-- (1) by striking ``Rural Telephone Bank,''; and (2) by striking the 2nd sentence. (j) Amendments to Section 309.--Section 309 of such Act (7 U.S.C. 939) is amended-- (1) by striking ``(a) In General.--''; and (2) by striking subsection (b). (k) Amendments to Section 313.--Section 313 of such Act (7 U.S.C. 940c) is amended, in each of subsections (a)(1), (b)(1)(A), and (b)(2)(A), by striking ``and Telephone''. (l) Amendments to Section 314.--Section 314 of such Act (7 U.S.C. 940d) is amended-- (1) in the section heading, by striking ``AND TELEPHONE''; (2) in each of subsections (a) and (b)(1), by striking ``and Telephone''; (3) in subsection (d)(3), by striking ``, the Rural Telephone Bank,''; and (4) in subsection (e), by striking paragraph (2). (m) Repeal of Title IV.--Title IV of such Act (7 U.S.C. 941-950b) is hereby repealed. (n) Repeal of Title V.--Title V of such Act (7 U.S.C. 951) is hereby repealed. SEC. 4. LOAN PRIORITY. Title I of the Rural Electrification Act of 1936 (7 U.S.C. 901-918) is amended by adding after the sections added by sections 1(a) and 2(a) of this Act the following: ``SEC. 21. LOAN PRIORITY. ``Notwithstanding any other provision of law, in making loans under this Act during any calendar quarter, the Administrator shall make such loans to persons otherwise eligible for such loans who-- ``(1) applied for such loans not later than the end of the immediately preceding calendar quarter; and ``(2) have the greatest need for such loans, as determined by the Administrator.''. SEC. 5. TRANSITION RULES. (a) Disposition of Payments on Telephone Loans Made Before This Act.--The Administrator of the Rural Electrification Administration shall return to the Treasury of the United States such amounts received by the Rural Electrification Revolving Fund, with respect to loans made under the Rural Electrification Act of 1936 the authority for the making of which has been terminated by this Act, as the Administrator deems unnecessary to meet reserve requirements with respect to such loans. (b) Disposition of Assets Related to Telephone Loans.--The Administrator of the Rural Electrification Administration shall determine the disposition of assets held by the Administration with respect to loans referred to in subsection (a). (c) Retirement of Stock of the Rural Telephone Bank.--After the payment or retirement, as the case may be, first, of all liabilities incurred under title IV of the Rural Electrification Act of 1936 (as in effect before the effective date of this Act), second, of all class A stock of the capital stock of the Rural Telephone Bank at par, third, of all class B stock of such bank at par, and fourth, of all class C stock of such bank at par, any remaining surplus or contingency reserve shall be paid to the holders of such class A and such class B stock issued and outstanding before such effective date, pro rata. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the 1st day of the first Federal fiscal year that begins 60 or more days after the date of the enactment of this Act.

Amends the Rural Electrification Act of 1936 to restrict loan eligibility to only those persons unable to reasonably obtain sufficient credit elsewhere. Authorizes the Administrator of the Rural Electrification Administration (REA) to determine appropriate interest rates for REA loans and advances. Terminates: (1) rural telephone service loan authority; and (2) rural economic development authority. Establishes loan priorities.

To amend the Rural Electrification Act of 1936 to return the Rural Electrification Administration to its original mission of providing credit to rural electric cooperatives which are unable to obtain needed financing in the private sector.

SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Economic Growth and Debt Reduction Act''. (b) Purpose.--The purpose of this Act is-- (1) to ensure a balanced Federal budget by fiscal year 2002; (2) to create a mechanism to monitor total costs of direct spending programs, and, in the event that actual or projected costs exceed targeted levels, to require the President and Congress to address adjustments in direct spending; and (3) to ensure that windfall revenues are used to promote economic growth through lower taxes. SEC. 2. ESTABLISHMENT OF DIRECT SPENDING AND REVENUE TARGETS. For purposes of this Act-- (1) the initial direct spending targets for each of fiscal years 1998 through 2002 shall equal total outlays for all direct spending except net interest as provided in H. Con. Res. 84, the concurrent resolution on the budget for fiscal year 1998; and (2) the revenue targets are the revenue amounts provided in H. Con. Res. 84, the concurrent resolution on the budget for fiscal year 1998. SEC. 3. ANNUAL REVIEW OF DIRECT SPENDING AND RECEIPTS BY PRESIDENT. As part of each budget submitted under section 1105(a) of title 31, United States Code, the President shall provide an annual review of direct spending and receipts, which shall include-- (1) information on total outlays for programs covered by the direct spending targets, including actual outlays for the prior fiscal year and projected outlays for the current fiscal year and the 5 succeeding fiscal years; and (2) any amount by which revenues for a budget year and any outyears through fiscal year 2002 exceed the revenue target in section 2(2). SEC. 4. ECONOMIC GROWTH PROTECTION. (a) Inclusion on Scorecard.--The Office of Management and Budget shall include the amount of any changes in revenues determined pursuant to section 3(2) as a deficit decrease under the estimates and reports required by section 252(b) and section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985. (b) Use of Revenues Exceeding Target.--Any amount not to exceed the amount of deficit decrease determined under section 3(2) may only be offset by legislation decreasing revenues. SEC. 5. SPECIAL DIRECT SPENDING MESSAGE BY PRESIDENT. (a) Trigger.--If the information submitted by the President under section 3(1) indicates-- (1) that actual outlays for direct spending in the prior fiscal year exceeded the applicable direct spending target; or (2) that outlays for direct spending for the current or budget year are projected to exceed the applicable direct spending targets, the President shall include in his budget a special direct spending message meeting the requirements of subsection (b). (b) Contents.--The special direct spending message shall include-- (1) an analysis of the variance in direct spending over the direct spending targets; and (2) the President's recommendations for eliminating overages, if any, in the prior, current, or budget year. (c) Proposed Special Direct Spending Resolution.--The special direct spending message shall include the text of a special direct spending resolution implementing the President's recommendations through reconciliation directives instructing the appropriate committees of the House of Representatives and Senate to determine and recommend changes in laws within their jurisdictions. SEC. 6. REQUIRED RESPONSE BY CONGRESS. (a) In General.--It shall not be in order in the House of Representatives or the Senate to consider a concurrent resolution on the budget unless that concurrent resolution fully eliminates the entirety of any overage contained in the applicable report of the President under section 5 through reconciliation directives. (b) Waiver and Suspension.--This section may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. This section shall be subject to the provisions of section 258 of the Balanced Budget and Emergency Deficit Control Act of 1985. (c) Appeals.--Appeals in the Senate from the decisions of the Chair relating to any provision of this section 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 section. SEC. 7. RELATIONSHIP TO BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT. Reductions in outlays resulting from legislation reported pursuant to section 6 or reductions in revenues reported pursuant to section 4(b) shall not be taken into account for purposes of any budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985 and the Congressional Budget Act of 1974. SEC. 8. ESTIMATING MARGIN. For any fiscal year for which the overage is less than one-half of 1 percent of the direct spending target for that year, the procedures set forth in sections 5 and 6 shall not apply. SEC. 9. EFFECTIVE DATE. This Act shall apply to direct spending targets and revenues for fiscal years 1998 through 2002 and shall expire at the end of fiscal year 2002.

Economic Growth and Debt Reduction Act - Provides that, for purposes of this Act: (1) the initial direct spending targets for each of FY 1998 through 2002 shall equal total outlays for all direct spending except net interest as provided in H. Con. Res. 84 (105th Congress), the concurrent resolution on the budget for FY 1998; and (2) the revenue targets are the amounts provided in such resolution. Requires the President, as part of each Federal budget submitted to the Congress, to provide an annual review of direct spending and receipts, including: (1) information on total outlays for programs covered by the direct spending targets, including actual outlays for the prior fiscal year and projected outlays for the current and five succeeding fiscal years; and (2) any amount by which revenues for a budget year and any outyears through FY 2002 exceed the revenue target. Directs the Office of Management and Budget to include the amount of any changes in revenues as a deficit decrease under specified estimates and sequestration reports required by the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Provides that any amount not to exceed the amount of deficit decrease may only be offset by legislation decreasing revenues. Directs the President to include a special direct spending message in the budget if the information submitted indicates that: (1) actual outlays for direct spending in the prior fiscal year exceeded the applicable spending target; or (2) outlays for the current or budget year are projected to exceed targets. Requires such message to include: (1) an analysis of the variance in direct spending over the direct spending targets; (2) recommendations for eliminating overages, if any, in the prior, current, or budget year; and (3) the text of a special direct spending resolution implementing such recommendations through reconciliation directives instructing the appropriate committees to recommend changes in laws within their jurisdictions. Provides a point of order against consideration of any concurrent budget resolution unless it fully eliminates the entirety of any overage contained in the President's message. Makes special message and point of order procedures inapplicable for any fiscal year in which the overage is less than one-half of one percent of the direct spending target for that year. Applies this Act to direct spending targets and revenues for FY 1998 through 2002.

Economic Growth and Debt Reduction Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Finance Reform and Disclosure Act of 1996''. SEC. 2. DEFINITIONS. Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431) is amended by adding at the end the following: ``(20) Election cycle.--The term `election cycle' means-- ``(A) in the case of a candidate or the authorized committees of a candidate, the period beginning on the day after the date of the most recent general election for the specific office or seat that the candidate seeks and ending on the date of the next general election for that office or seat; and ``(B) in the case of all other persons, the period beginning on the first day following the date of the last general election and ending on the date of the next general election. ``(21) Senate candidate.--The term `Senate candidate' means a candidate who seeks nomination for election, or election, to the Senate. ``(22) Campaign expense.--The term `campaign expense' means an expense that is attributable solely to a bona fide campaign purpose. ``(23) Inherently personal purpose.--The term `inherently personal purpose' means a purpose that, by its nature, confers a personal benefit on a candidate, including a home mortgage rent or utility payment, clothing purchase, noncampaign automobile expense, country club membership, vacation, or trip of a noncampaign nature, household food item, tuition payment, admission to a sporting event, concert, theater, or other form of entertainment not associated with a campaign, dues, fees, or contribution to a health club or recreational facility, and any other inherently personal living expense as determined under a regulation issued under section 326.''. SEC. 3. LIMITATION ON ACCEPTANCE OF OUT-OF-STATE CONTRIBUTIONS BY SENATE CANDIDATES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following: ``SEC. 324. LIMITATION ON ACCEPTANCE OF OUT-OF-STATE CONTRIBUTIONS BY SENATE CANDIDATES. ``A Senate candidate and the candidate's authorized committees shall not accept, during an election cycle, contributions from persons other than individuals residing in the candidate's State in an amount exceeding 40 percent of the total amount of contributions accepted during the election cycle.''. SEC. 4. LIMITATION ON REIMBURSEMENT FROM CAMPAIGNS FOR CONTRIBUTIONS BY SENATE CANDIDATES AND IMMEDIATE FAMILIES OF SENATE CANDIDATES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) (as amended by section 3) is amended by adding at the end the following: ``SEC. 325. LIMITATION ON REIMBURSEMENT FROM CAMPAIGNS FOR CONTRIBUTIONS BY SENATE CANDIDATES AND IMMEDIATE FAMILIES OF SENATE CANDIDATES. ``(a) In General.--The aggregate amount of contributions to an eligible Senate candidate or the candidate's authorized committees from the sources described in subsection (b) that may be reimbursed during an election cycle to the candidate or the candidate's immediate family shall not exceed $250,000. ``(b) Sources.--A source is described in this subsection if the source is-- ``(1) personal funds of the candidate and members of the candidate's immediate family; or ``(2) personal loans incurred by the candidate and members of the candidate's immediate family. ``(c) Indexing.--The $250,000 amount under subsection (a) shall be increased as of the beginning of each calendar year based on the increase in the price index determined under section 315(c), except that the base period shall be calendar year 1996.''. SEC. 5. RESTRICTION ON USE OF CAMPAIGN FUNDS BY SENATE CANDIDATES FOR PERSONAL PURPOSES. (a) Restriction.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) (as amended by section 4) is amended by adding at the end the following: ``SEC. 326. RESTRICTION ON USE OF CAMPAIGN FUNDS BY SENATE CANDIDATES FOR PERSONAL PURPOSES. ``(a) Restriction.--A Senate candidate who accepts a contribution-- ``(1) shall use the contribution only to pay a legitimate and verifiable campaign expense; and ``(2) shall not use the contributions to pay any inherently personal purpose. ``(b) Regulation.--Not later than 90 days after the date of enactment of this section, the Commission shall issue a regulation implementing subsection (a).''. (b) Application of Amendment.--The amendment made by subsection (a) shall apply to all contributions possessed by a candidate on the date of enactment of this Act and thereafter. SEC. 6. LIMIT ON CONGRESSIONAL USE OF THE FRANKING PRIVILEGE. Section 3210(a)(6)(A) of title 39, United States Code, is amended to read as follows: ``(A) A Member of Congress shall not mail any mass mailing as franked mail during a year in which there will be an election for the seat held by the Member during the period between January 1 of that year and the date of the general election for that Office, unless the Member has made a public announcement that the Member will not be a candidate for election to any Federal office in that year (including the office held by the Member).''. SEC. 7. DECREASE IN PAC CONTRIBUTION LIMIT; INDEXING OF LIMITS. Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended-- (1) in paragraph (2)(A) by striking ``$5,000'' and inserting ``$1,000''; and (2) by adding at the end the following: ``(9) Indexing.--The $1,000 amounts under paragraphs (1)(A) and (2)(A) shall be increased as of the beginning of each calendar year based on the increase in the price index determined under subsection (c), except that the base period shall be calendar year 1996.''. SEC. 8. RESTRICTION ON ACCEPTANCE OF CONTRIBUTIONS BY POLITICAL PARTY COMMITTEES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) (as amended by section 5) is amended by adding at the end the following: ``SEC. 327. RESTRICTION ON ACCEPTANCE OF CONTRIBUTIONS BY POLITICAL PARTY COMMITTEES. ``It shall be unlawful for a committee of a political party to accept a contribution on the condition that the contribution be used to make a contribution to or an expenditure on behalf of a particular candidate.''. SEC. 9. UNLIMITED COMMUNICATIONS BETWEEN A POLITICAL PARTY AND MEMBERS OF THE POLITICAL PARTY. Section 315(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(d)) is amended by adding at the end the following: ``(4)(A) For purposes of applying the limitations under paragraphs (2) and (3), in determining the amount of expenditures made by a national committee of a political party or a State committee of a political party (including any subordinate committee of a State committee), there shall be excluded any amount spent by the committee for communications to the extent the communications are made to members of the political party. ``(B) For purposes of subparagraph (A), an individual shall be considered to be a `member' of a political party if-- ``(i) the individual is registered to vote as a member of the party; ``(ii) there is a public record that the individual voted in the primary election of the political party in the most recent primary election; or ``(iii) the individual has indicated in writing that the individual is a member of the political party.''. SEC. 10. PROMOTION OF STATE AND LOCAL PARTY ACTIVITY. (a) Contributions.--Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended-- (1) in clause (xiii) by striking ``and'' at the end; (2) in clause (xiv) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(xv) the payment by a State or local committee of a political party for-- ``(I) the listing of the slate of the political party's candidates, including the communication of the slate to the public; ``(II) the mailing of materials for or on behalf of specific candidates by volunteers (including labeling envelopes or affixing postage or other indicia to particular pieces of mail), other than the mailing of materials to a commercial list; ``(III) conducting a telephone bank for or on behalf of specific candidates staffed by volunteers; or ``(IV) the distribution of collateral materials (such as pins, bumper stickers, handbills, brochures, posters, party tabloids, and yard signs) for or on behalf of specific candidates (whether by volunteers or otherwise).''. (b) Expenditures.--Section 301(9)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(B)) is amended-- (1) in clause (ix) by striking ``and'' at the end; (2) in clause (x) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(xi) the payment by a State or local committee of a political party for-- ``(I) the listing of the slate of the political party's candidates, including the communication of the slate to the public; ``(II) the mailing of materials for or on behalf of specific candidates by volunteers (including labeling envelopes or affixing postage or other indicia to particular pieces of mail), other than the mailing of materials to a commercial list; ``(III) conducting a telephone bank for or on behalf of specific candidates staffed by volunteers; or ``(IV) the distribution of collateral materials (such as pins, bumper stickers, handbills, brochures, posters, party tabloids, and yard signs) for or on behalf of specific candidates (whether by volunteers or otherwise).''. (c) Conforming Amendments.--(1) Section 301(8)(B)(x) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)(x)) is amended by striking ``in connection with volunteer activities on behalf of nominees of such party'' and inserting ``in connection with State or local activities, other than any payment described in clause (xv)''. (2) Section 301(9)(B)(viii) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(9)(B)(viii)) is amended by striking ``in connection with volunteer activities on behalf of nominees of such party'' and inserting ``in connection with State or local activities, other than any payment described in clause (xi)''. SEC. 11. RELIEF OF SMALL PACS FROM REPORTING REQUIREMENTS. Section 304(a)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(1)) is amended by inserting after ``political committee'' the following: ``(except a multicandidate political committee or separate segregated fund that has not, during an election cycle, as of any date within the election cycle, accepted contributions or made expenditures in an aggregate amount exceeding $25,000)''. SEC. 12. RIGHTS OF EMPLOYEES RELATING TO THE PAYMENT AND USE OF LABOR ORGANIZATION DUES. (a) Payment of Dues.-- (1) Rights of employees.--Section 7 of the National Labor Relations Act (29 U.S.C. 157) is amended by striking ``membership'' and all that follows and inserting the following: ``the payment to a labor organization of dues or fees related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation as a condition of employment as authorized in section 8(a)(3).''. (2) Unfair labor practices.--Section 8(a)(3) of the National Labor Relations Act (29 U.S.C. 158(a)(3)) is amended by striking ``membership therein'' and inserting ``the payment to such labor organization of dues or fees related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation''. (b) Requirements for Use of Dues for Certain Purposes.-- (1) Written agreement.--Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following: ``(h)(1) An employee subject to an agreement between an employer and a labor organization requiring the payment of dues or fees to such organization as authorized in subsection (a)(3) may not be required to pay to such organization, nor may such organization accept payment of, any dues or fees not related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation unless the employee has agreed to pay such dues or fees in a signed written agreement that shall be renewed between the first day of September and the first day of October of each year. ``(2) Such signed written agreement shall include a ratio, certified by an independent auditor, of the dues or fees related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation and the dues or fees related to other purposes.''. (2) Written assignment.--Section 302(c)(4) of the Labor Management Relations Act, 1947 (29 U.S.C. 186) is amended by inserting before the semicolon the following: ``: Provided further, That no amount may be deducted for dues unrelated to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation unless a written assignment authorizes such a deduction''. (c) Notice to Employees Relating to the Payment and Use of Dues.-- Section 8 of the National Labor Relations Act (29 U.S.C. 158) (as amended by subsection (b)(1)) is amended by adding at the end the following: ``(i)(1) An employer shall post a notice that informs the employees of their rights under section 7 of this Act and clarifies to such employees that an agreement requiring the payment of dues or fees to a labor organization as a condition of employment as authorized in subsection (a)(3) may only require that employees pay to such organization any dues or fees related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation. A copy of such notice shall be provided to each employee not later than 10 days after the first day of employment. ``(2) The notice described in paragraph (1) shall be of such size and in such form as the Board shall prescribe and shall be posted in conspicuous places in and about the plants and offices of such employer, including all places where notices to employees are customarily posted.''. (d) Employee Participation in the Affairs of a Labor Organization.--Section 8(b)(1) of the National Labor Relations Act (29 U.S.C. 158(b)(1)) is amended by striking ``therein;'' and inserting the following: ``therein, except that, an employee who is subject to an agreement between an employer and a labor organization requiring as a condition of employment the payment of dues or fees to such organization as authorized in subsection (a)(3) and who pays such dues or fees shall have the same right to participate in the affairs of the organization related to collective bargaining, contract administration, or grievance adjustment as any member of the organization;''. (e) Disclosure to Employees.-- (1) Expenses reporting.--Section 201(b) of the Labor- Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431(b)) is amended by adding at the end the following: ``Every labor organization shall be required to attribute and report expenses by function classification in such detail as necessary to allow the members of such organization or the employees required to pay any dues or fees to such organization to determine whether such expenses were related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation or were related to other purposes.''. (2) Report information.--Section 201(c) of the Labor- Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431(c)) is amended-- (A) by inserting ``and employees required to pay any dues or fees to such organization'' after ``members''; (B) by striking ``suit of any member of such organization'' and inserting ``suit of any member of such organization or employee required to pay any dues or fees to such organization''; and (C) by striking ``such member'' and inserting ``such member or employee''. (3) Regulations.--The Secretary of Labor shall prescribe such regulations as are necessary to carry out the amendments made by this subsection not later than 120 days after the date of enactment of this Act. (f) Effective Date.--This section shall take effect on the date of enactment of this Act, except that the requirements contained in the amendments made by subsections (b) and (c) shall take effect 60 days after the date of enactment of this Act. SEC. 13. EXPEDITED JUDICIAL REVIEW. (a) Civil Action.--The Federal Election Commission, a political committee under title III of the Federal Election Campaign Act of 1971, or any individual eligible to vote in any election for the office of President of the United States may bring a civil action in United States district court to determine the constitutionality of any provision of this Act or any amendment made by this Act. (b) Hearing by 3-Judge Court.--Immediately upon commencement of a civil action under subsection (a), a district court of 3 judges shall be convened to decide the action pursuant to section 2284 of title 28, United States Code. (c) Direct Appeal to Supreme Court.--An appeal of an interlocutory order or final judgment, decree, or order in a civil action under subsection (a) may be taken directly to the Supreme Court not later than 20 days after the entry of the judgment, decree, or order. (d) Expedited Review by Supreme Court.--The Supreme Court shall accept jurisdiction over, advance on the docket, and expedite to the greatest extent possible an appeal under subsection (c).

Campaign Finance Reform and Disclosure Act of 1996 - Amends the Federal Election Campaign Act of 1971 to limit acceptance of out-of-State contributions by Senate candidates. Limits reimbursement from campaigns for contributions by Senate candidates and the immediate families of Senate candidates. Restricts the use of campaign funds by Senate candidates for personal purposes. Limits congressional use of the franking privilege during a year in which there will be an election for the seat held by the member unless the member makes a public announcement that the Member will not be a candidate for election to any Federal office in that year. Decreases and indexes the PAC contribution limit. Restricts the acceptance of contributions by political party committees. Exempts communications between a political party and members of the political party from specified spending limitations. Excludes from the definition of contribution State or local political party committee payments for certain State and local activities. Excepts from receipt and disbursement reporting requirements PACs which have accepted contributions or made expenditures aggregating less than $25,000 during an election cycle. Amends the National Labor Relations Act to revise the rights of employees relating to the payment and use of labor organization dues. Provides for expedited Supreme Court review of constitutional issues of this Act or any amendment made by this Act.

Campaign Finance Reform and Disclosure Act of 1996

SECTION 1. SIMPLIFIED METHOD FOR COMPLYING WITH PENSION REQUIREMENTS. (a) General Rule.--Subpart B of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 417A. SIMPLIFIED METHOD FOR COMPLYING WITH PENSION REQUIREMENTS. ``(a) General Rule.--An employer is entitled to the benefits of this section for any year if-- ``(1) such employer maintains a qualified simplified defined contribution plan during such year, and ``(2) such employer maintains a qualified simplified defined benefit plan during such year. ``(b) Benefits of Section.--If an employer is entitled to the benefits of this section for any year-- ``(1) Increase in permitted compensation.--In applying sections 401(a)(17) and 404(l) to the qualified simplified defined contribution plan and the qualified simplified defined benefit plan, the dollar limitation contained in such sections shall be $200,000. The Secretary shall adjust the $200,000 amount contained in the preceding sentence at the same time and in the same manner as the adjustment under section 401(a)(17)(B). ``(2) Modification of funding rules.-- ``(A) Increase in full funding limitation.--The full funding limitation for the qualified simplified defined benefit plan shall be determined under section 412(c)(7)(A) as if such section did not include subclause (I) of clause (i) thereof. ``(B) Waiver of quarterly contribution requirements.--Section 412(m) shall not apply to the qualified simplified defined benefit plan. ``(3) Waiver of certain discrimination rules.--The requirements of section 401(k)(3) shall be treated as satisfied with respect to any cash or deferred arrangement maintained by the employer during such year and the requirements of section 401(m) shall be treated as satisfied with respect to any plan maintained by the employer during such year. ``(4) Combined limit waived.--The requirements of section 415(e) shall be treated as satisfied with respect to the qualified simplified defined contribution plan and the qualified simplified defined benefit plan. ``(5) Other requirements deemed satisfied.--The requirements of the following provisions shall be treated as satisfied with respect to the qualified simplified defined contribution plan and the qualified simplified defined benefit plan: ``(A) Section 401(a)(4). ``(B) Section 401(a)(26). ``(C) Section 401(l). ``(D) Subsections (a) and (b) of section 410. ``(E) Subsection (b) of section 411. ``(F) Section 416. ``(c) Simplified Defined Contribution Plan.-- ``(1) In general.--A defined contribution plan is a qualified simplified defined contribution plan if-- ``(A) all employees of the employer (not excluded pursuant to paragraph (2)) are eligible to participate in such plan, ``(B) the employer contribution for each year for each participant in the plan is a uniform percentage (which is not less than 3 percent) of such participant's compensation (within the meaning of section 414(s)), ``(C) such plan provides that each employee covered by the plan has a nonforfeitable right to 100 percent of such employee's accrued benefit derived from employer contributions, and ``(D) the balance to the credit of the employee under such plan-- ``(i) except as required by section 401(a)(9), may not be distributed earlier than separation from service, death, or disability, and ``(ii) in the case of any distribution other than by reason of death, such distribution may be made only in the form of-- ``(I) an annuity for the life of the employee (or a joint and survivor annuity as provided in section 417), ``(II) a direct trustee-to-trustee transfer as provided in section 401(a)(31), or ``(III) a distribution to a pension portability clearinghouse (if any) established to accept distributions. ``(2) Certain exclusions permitted.--For purposes of paragraph (1), an employee may be excluded until such employee has completed 6 months of service for the employer. ``(d) Simplified Defined Benefit Plan.-- ``(1) In general.--A defined benefit plan is a qualified simplified defined benefit plan if-- ``(A) all employees of the employer (not excluded pursuant to paragraph (3)) are eligible to participate in such plan, and ``(B) the accrued benefit derived from employer contributions for each participant, when expressed as an annual retirement benefit, is equal to the required benefit determined under paragraph (2). ``(2) Amount of required benefit.-- ``(A) In general.--The required benefit determined under this paragraph is an amount equal to the product of-- ``(i) the plan's qualified accrual rate multiplied by the number of years of service with the employer, and ``(ii) the participant's average compensation for the testing period. ``(B) Qualified accrual rate.--For purposes of subparagraph (A): ``(i) A plan's qualified accrual rate is the uniform accrual rate set forth in such plan so long as such rate exceeds 0.5 percent. ``(ii) A plan may provide that the accrual rate with respect to so much of the participant's average compensation for the testing period as does not exceed covered compensation (as defined in section 401(l)(5)(E)) shall be less than the accrual rate for compensation above covered compensation (as so defined) so long as such difference is not greater than 1 percentage point. Nothing in the preceding sentence shall be construed as permitting an accrual rate of less than 0.5 percent. ``(C) Years of service.--For purposes of this paragraph, years of service shall be determined under the rules of paragraphs (4), (5), and (6) of section 411(a). ``(D) Annual retirement benefit.--For purposes of this paragraph, the term `annual retirement benefit' means a benefit payable annually in the form of a single life annuity (with no ancillary benefits) beginning at the normal retirement age under the plan. ``(E) Testing period.--For purposes of this paragraph-- ``(i) In general.--A participant's testing period shall be the period of years (not less than 3 nor exceeding 5) during which the participant has the greatest aggregate compensation from the employer. ``(ii) Year must be included in year of service.--The years taken into account under clause (i) shall be properly adjusted for years not included in a year of service. ``(3) Excluded employees.--For purposes of this subsection-- ``(A) In general.--The employer may exclude-- ``(i) employees who have not completed 6 months of service, ``(ii) employees who normally work less than 17\1/2\ hours per week, ``(iii) employees who normally work during not more than 6 months during the year, ``(iv) employees who have not attained age 21, and ``(v) employees who are included in a unit of employees covered by an agreement which the Secretary of Labor finds to be a collective bargaining agreement between employee representatives and the employer. ``(B) Employees covered by existing defined benefit plan.--The employer may exclude employees who are covered under another defined benefit plan maintained by the employer if-- ``(i) such plan was in existence on the date of the enactment of this section, and ``(ii) such plan meets the applicable requirements of this part without regard to this section. The employer may exclude employees under the preceding sentence only if all employees described in the preceding sentence are so excluded. ``(C) Special rule.--If accruals under any defined benefit plan referred to in subparagraph (B) cease and the employees covered by such defined benefit plan are covered by another plan which would otherwise qualify under this subsection, such other plan shall not be treated as meeting the requirements of this subsection unless, in determining the annual retirement benefit of each such employee under the plan referred to in subparagraph (B), such employee's average compensation for the testing period (determined by treating such plans as 1 plan) is used. ``(e) Special Rules.-- ``(1) Aggregation rules.--All employees treated as employed by a single employer under subsections (a) and (b) of section 414 shall be so treated for purposes of this section. ``(2) Integration with social security not committed.-- Except as provided in subsection (d)(2)(B), a plan shall not be treated as meeting the requirements of subsection (c) or (d) unless such plan meets such requirements without taking into account contributions or benefits under chapter 2 (relating to tax on self-employment income), chapter 21 (relating to Federal Insurance Contribution Act), title II of the Social Security Act, or any other Federal or State law.'' (b) Clerical Amendment.--The table of sections for subpart B of part I of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 417A. Simplified method for complying with pension requirements.'' SEC. 2. STUDY. (a) General Rule.--The Secretary of Labor and the Secretary of the Treasury shall conduct a joint study on the feasibility of establishing a pension portability clearinghouse to accept rollovers from tax- qualified pension plans as well as to receive tax deductible contributions from employers not maintaining qualified pension plans. Such study shall also determine the feasibility of having participant- directed accounts with various investment options with varying degrees of risk. (b) Report.--Not later than the date 1 year after the date of the enactment of this Act, the Secretaries referred to in subsection (a) shall submit a report to the Congress on the study conducted under subsection (a), together with such recommendations as such Secretaries may deem advisable.

Amends the Internal Revenue Code to modify certain pension requirements to provide a simplified method for compliance. Entitles employers to the benefits of this Act if the employer maintains a qualified simplified defined contribution plan and a qualified simplified defined benefit plan. Directs the Secretary of Labor and the Secretary of the Treasury to conduct a joint study of the feasibility of establishing a pension portability clearinghouse to accept rollovers from tax-qualified pension plans as well as to receive tax deductible contributions from employers not maintaining qualified pension plans.

To amend the Internal Revenue Code of 1986 to facilitate portability, enhance pension coverage, and provide employers an optional simplified method of complying with certain pension requirements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Pyramid Promotional Scheme Act of 2017''. SEC. 2. PROHIBITION ON PYRAMID PROMOTIONAL SCHEMES; OTHER REQUIREMENTS. The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended by inserting after section 5 the following: ``Sec. 5A. (a) It shall be unlawful for any person to establish, operate, promote, or cause to be promoted a pyramid promotional scheme. ``(b) Any person who establishes, operates, promotes, or causes to be promoted any plan or operation which sells or solicits the sale of consumer products or services in the home or otherwise than in a permanent retail establishment, and which sells products or services directly or indirectly to independent salespeople, shall have a bona fide inventory repurchase agreement. ``(c) Nothing in this Act may be construed to prohibit a plan or operation, or to define a plan or operation as a pyramid promotional scheme, based upon the fact that participants in the plan or operation give consideration in return for the right to receive compensation based upon purchases of goods or services or intangible property by participants for personal use, consumption, or resale so long as the plan or operation does not require inventory loading and the plan or operation implements a bona fide inventory repurchase agreement. ``(d) A violation of subsection (a) or (b) shall be treated as an unfair or deceptive act or practice in or affecting commerce under section 5.''. SEC. 3. DEFINITIONS. Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is amended by adding at the end the following: ```Bona fide inventory repurchase agreement' means a program by which a plan or operation-- ``(1) promises to repurchase, on commercially reasonable terms, current and marketable inventory purchased and maintained by a participant for use, consumption, or resale, upon request at the termination of the participant's business relationship with the plan or operation; and ``(2) clearly communicates such terms in its recruiting literature, sales manual, or contracts with participants, including the manner in which the repurchase is to be exercised and disclosure of any inventory not eligible for repurchase under the program. ```Commercially reasonable' means, with respect to the terms of repurchase by a plan or operation of current and marketable inventory from a participant, that the inventory is repurchased not later than 12 months after the date of purchase at not less than 90 percent of the original net cost to the participant, less appropriate set-offs and legal claims, if any. ```Compensation' means the payment of any money, thing of value, or financial benefit. ```Consideration'-- ``(1) means the payment of money or another thing of value or the purchase of a product, good, service, or intangible property; and ``(2) does not include-- ``(A) the purchase of a product or service furnished at cost to be used in making a sale and not for resale; or ``(B) any time and effort spent in pursuit of sales or recruiting activities. ```Current and marketable'-- ``(1) means, with respect to inventory, that the inventory-- ``(A) in the case of consumable or durable goods, is unopened, unused, and within its commercially reasonable use or shelf-life period; and ``(B) in the case of services and intangible property, including internet sites, represents the unexpired portion of any contract or agreement; and ``(2) does not include inventory that has been clearly described by a plan or operation to a participant prior to purchase as discounted, seasonal, a special promotion item, or not subject to the plan or operation's inventory repurchase program. ```Inventory' means both goods and services, including company- produced promotional material, sales aids, and sales kits that a plan or operation requires participants to purchase. ```Inventory loading' means a practice in which a plan or operation requires or encourages its participants to purchase inventory in an amount exceeding that which the participant can reasonably expect to use, consume, or resell to ultimate users, and that is not subject to a bona fide repurchase agreement. ```Participant' means a person who joins a plan or operation. ```Pyramid promotional scheme' means any plan or operation in which individuals pay consideration for the right to receive compensation that is based upon recruiting other individuals into the plan or operation rather than primarily related to the sale of products or services to ultimate users. ```Ultimate user' means, with respect to a product or service sold by a plan or operation, an individual who consumes or uses the product or service, whether or not the individual is a participant in the plan or operation.''. SEC. 4. LIMITATIONS. (a) Other Violations of Federal Law.--Nothing in this Act or the amendments made by this Act shall be construed to limit the authority of any Federal official from proceeding against pyramid promotional schemes (as defined in section 4 of the Federal Trade Commission Act (15 U.S.C. 44)) for other violations of Federal law, including the Federal Trade Commission Act. (b) State Law.--Nothing in this Act or the amendments made by this Act prohibits an authorized State official from proceeding in a State court of competent jurisdiction on the basis of an alleged violation of any civil or criminal statute of such State.

Anti-Pyramid Scheme Act of 2017 This bill amends the Federal Trade Commission Act to make it unlawful for any person to establish, operate, or promote a pyramid promotional scheme. "Pyramid promotional scheme" means any plan or operation in which individuals pay consideration for the right to receive compensation that is based upon recruiting other individuals into the plan or operation rather than primarily related to the sale of products or services to ultimate users. Furthermore, any person who establishes, operates, or promotes any plan or operation which sells or solicits the sale of consumer products or services in the home or otherwise outside of a permanent retail establishment, and which sells products or services to independent salespeople, shall have a bona fide inventory repurchase agreement. A violation of the bill shall be treated under the Act as an unfair or deceptive act or practice in, or affecting, commerce.

Anti-Pyramid Promotional Scheme Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``High-Tech Job Opportunities Between our Shores Act'' or the ``High-Tech JOBS Act''. SEC. 2. PILOT PROGRAM TO SUPPORT ADVANCED MANUFACTURING WORKFORCE DEVELOPMENT. Section 171 of the Workforce Investment Act of 1998 (29 U.S.C. 2916) is amended by adding at the end the following: ``(f) Advanced Manufacturing Workforce Development Program.-- ``(1) In general.--Under a plan published under subsection (a), the Secretary shall, through grants or contracts, carry out demonstration and pilot projects for the purpose of facilitating the provision of education and training programs in the field of advanced manufacturing. Such projects shall-- ``(A) target skills and competency development in communities with existing jobs in advanced manufacturing or expected growth in advanced manufacturing; ``(B) provide education and training for available jobs or job openings that are anticipated in advanced manufacturing, that result in an employer- or industry- recognized and nationally portable credential; ``(C) educate individuals about opportunities for career advancement within advanced manufacturing; and ``(D) give priority to incumbent workers, dislocated workers, and unemployed workers. ``(2) Eligible entities.-- ``(A) In general.--To be eligible to receive a grant or enter into a contract under a project carried out under paragraph (1), an entity, in any of the States or outlying areas, shall be any of the following types of entities: ``(i) An institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), a postsecondary vocational institution (as defined in section 102(c) of such Act (20 U.S.C. 1002(c)), or a tribally controlled college or university (as defined in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801)). ``(ii) A local board, in partnership with one or more one-stop career centers, that specifies one or more educational entities described in clause (i) where education and training activities will occur. ``(iii) A nonprofit organization. ``(iv) Another entity that would serve educationally underserved communities. ``(v) A consortium of entities described in clauses (i) through (iv). ``(B) Priority.--The Secretary shall give priority to any entity, or consortium of entities, described in subparagraph (A) that proposes to use the funds received under this subsection to leverage substantial non-Federal funding for the program involved. ``(3) Application.--To be eligible to receive a grant or enter into a contract under this subsection an eligible entity described in paragraph (2) shall submit an application to the Secretary at such time and in such form and manner as the Secretary shall determine, including each of the following: ``(A) A description of each eligible entity (including, in the case of a consortium, each eligible entity in the consortium), evidence of each eligible entity's capacity to carry out the activities described in paragraph (1), and a description of the expected participation and responsibilities of each eligible entity. ``(B) A description of education and training activities to be provided through the education and training program, and a description of how the activities will-- ``(i) develop skills and competencies demanded by advanced manufacturing firms; ``(ii) lead to an employer- or industry- recognized and nationally portable credential; and ``(iii) educate individuals about opportunities for career advancement and wage growth within advanced manufacturing. ``(C) A description of how the economy, of the State, locality, or outlying area where the eligible entity submitting the application will provide the program, would benefit, including a description of-- ``(i) evidence of existing jobs in advanced manufacturing or expected growth in advanced manufacturing in the State, locality, or outlying area; ``(ii) the potential to prepare individuals for existing jobs in advanced manufacturing or create additional job growth in advanced manufacturing through the program as a result of investments in education and training in advanced manufacturing; and ``(iii) how the eligible entity will expose incumbent workers, dislocated workers, and unemployed workers to new advanced manufacturing technology skill sets through the program. ``(D) A description of how the eligible entity will employ evidence-based training models that integrate academic instruction with training, including on-the- job training, in advanced manufacturing, to meet the goals described in paragraph (5). ``(E) A description of how the eligible entity will coordinate activities with State boards or local boards, and State or local economic development officials, in carrying out the program. ``(F) A description of how the eligible entity will enter into a partnership with-- ``(i) a manufacturer who employs individuals with advanced manufacturing skills; and ``(ii) a labor organization whose members are employed in advanced manufacturing industries, where such a labor organization exists. ``(4) Activities.--Activities to be carried out under a program funded under paragraph (1) may include-- ``(A) classroom and on-site experiential learning; ``(B) on-the-job training; ``(C) training that leads to an employer- or industry-recognized competency and nationally portable credential for advanced manufacturing; ``(D) development and implementation of registered apprenticeship programs, and preapprenticeship programs leading to registered apprenticeship programs; ``(E) coordination with local boards implementing and utilizing articulation agreements with educational entities described in paragraph (2)(A)(i) and other educational partners; ``(F) distance learning; and ``(G) any other activity the Secretary considers appropriate for training in advanced manufacturing. ``(5) Goals and performance measures.-- ``(A) Goals.--The goals of the activities described in paragraph (4) shall be to-- ``(i) enhance the skill sets of incumbent workers, dislocated workers, and unemployed workers who live in communities with existing jobs in advanced manufacturing or expected growth in advanced manufacturing, and enable such workers to obtain an employer- or industry-recognized and nationally portable credential; ``(ii) enable individuals with limited experience to develop competencies in advanced manufacturing; ``(iii) in an effort to meet the needs of advanced manufacturing businesses for adaptability in education and training of incumbent workers, strengthen partnerships of eligible entities described in paragraph (2) with-- ``(I) manufacturers described in paragraph (3)(F); and ``(II) labor organizations described in paragraph (3)(F), where such labor organizations exist; and ``(iv) help incumbent workers, dislocated workers, and unemployed workers develop skills in advanced manufacturing that lead to employment or greater earnings than would otherwise be available without those skills. ``(B) Performance measures.--The Secretary shall negotiate, and reach agreement, with each eligible entity that receives a grant or enters into a contract under this subsection, on measures that will be used to evaluate the performance of the eligible entity in carrying out the activities described in paragraph (4) and meeting the goals described in subparagraph (A). Such performance measures shall consist of indicators of performance, and, at a minimum, shall include-- ``(i) the number of workers, including incumbent workers, dislocated workers and unemployed workers, who are participants in the program involved, that receive employer- or industry-recognized and nationally portable credentials; ``(ii) the number of such participants, including dislocated workers and unemployed workers, that attain 1 or more basic skills that are required for an employer- or industry- recognized and nationally portable credential for advanced manufacturing; ``(iii) the number of such incumbent workers who obtain skills, through education and training, that meet the skill needs of employers to enhance operations; ``(iv) the earnings growth of such participants as a result of education and training provided through the program; and ``(v) other indicators the Secretary determines to be necessary to evaluate the performance of the eligible entity in carrying out the activities described in paragraph (4) and meeting the goals described in subparagraph (A). ``(6) Evaluation.--Beginning not later than 1 year after the date of the first disbursement of funds under this subsection, the Secretary shall provide for the continuing evaluation of the programs funded under this subsection, as required by section 172, and shall transmit a report of the evaluation to Congress not later than 2 years after such date and every 2 years thereafter.''. SEC. 3. DEFINITIONS. Section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801) is amended by adding at the end the following: ``(54) Employer- or industry-recognized and nationally portable credential.--The term `employer- or industry- recognized and nationally portable', used with respect to a credential, includes an educational certificate or degree, an occupational license, an industry-sponsored certificate or certification, or a certificate or degree from a registered apprenticeship program.''.

High-Tech Job Opportunities Between our Shores Act or High-Tech JOBS Act - Amends the Workforce Investment Act of 1998 to direct the Secretary of Labor to make grants to or enter into contracts with eligible entities to carry out demonstration and pilot projects that provide education and training programs for jobs in advanced manufacturing. Prescribes requirements for project activities and performance goals and measures.

A bill to amend the Workforce Investment Act of 1998 to establish a pilot program to facilitate the provision of education and training programs in the field of advanced manufacturing.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Passenger Vessel Safety Act of 1993''. SEC. 2. PASSENGER. Section 2101(21) of title 46, United States Code, is amended to read as follows: ``(21) `passenger'-- ``(A) means an individual carried on the vessel except-- ``(i) the owner or an individual representative of the owner or, in the case of a vessel under charter, an individual charterer or individual representative of the charterer; ``(ii) the master; or ``(iii) a member of the crew engaged in the business of the vessel who has not contributed consideration for carriage and who is paid for on board services. ``(B) on an offshore supply vessel, means an individual carried on the vessel except-- ``(i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph; ``(ii) an employee of the owner, or of a subcontractor to the owner, engaged in the business of the owner; ``(iii) an employee of the charterer, or of a subcontractor to the charterer, engaged in the business of the charterer; or ``(iv) an individual employed in a phase of exploration, exploitation, or production of offshore mineral or energy resources served by the vessel. ``(C) on a fishing vessel, fish processing vessel, or fish tender vessel, means an individual carried on the vessel except-- ``(i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph; ``(ii) a managing operator; ``(iii) an employee of the owner, or of a subcontractor to the owner, engaged in the business of the owner; or ``(iv) an employee of the charterer, or of a subcontractor to the charterer, engaged in the business of the charterer. ``(D) on a sailing school vessel, means an individual carried on the vessel except-- ``(i) an individual included in clause (i), (ii), or (iii) of subparagraph (A) of this paragraph; ``(ii) an employee of the owner of the vessel engaged in the business of the owner, except when the vessel is operating under a demise charter; ``(iii) an employee of the demise charterer of the vessel engaged in the business of the demise charterer; or ``(iv) a sailing school instructor or sailing school student.''. SEC. 3. PASSENGER VESSEL. Section 2101(22) of title 46, United States Code, is amended to read as follows: ``(22) `passenger vessel' means a vessel of at least 100 gross tons-- ``(A) carrying more than 12 passengers, including at least one passenger for hire; ``(B) that is chartered and carrying more than 12 passengers; or ``(C) that is a submersible vessel carrying at least one passenger for hire.''. SEC. 4. SMALL PASSENGER VESSEL. Section 2101(35) of title 46, United States Code, is amended to read as follows: ``(35) `small passenger vessel' means a vessel of less than 100 gross tons-- ``(A) carrying more than 6 passengers, including at least one passenger for hire; ``(B) that is chartered with the crew provided or specified by the owner or the owner's representative and carrying more than 6 passengers; ``(C) that is chartered with no crew provided or specified by the owner or the owner's representative and carrying more than 12 passengers; or ``(D) that is a submersible vessel carrying at least one passenger for hire.''. SEC. 5. UNINSPECTED PASSENGER VESSEL. Section 2101(42) of title 46, United States Code, is amended to read as follows: ``(42) `uninspected passenger vessel' means an uninspected vessel-- ``(A) of at least 100 gross tons-- ``(i) carrying not more than 12 passengers, including at least one passenger for hire; or ``(ii) that is chartered with the crew provided or specified by the owner or the owner's representative and carrying not more than 12 passengers; and ``(B) of less than 100 gross tons-- ``(i) carrying not more than 6 passengers, including at least one passenger for hire; or ``(ii) that is chartered with the crew provided or specified by the owner or the owner's representative and carrying not more than 6 passengers.''. SEC. 6. PASSENGER FOR HIRE. Section 2101 of title 46, United States Code, is amended by inserting between paragraphs (21) and (22) a new paragraph (21a) to read as follows: ``(21a) `passenger for hire' means a passenger for whom consideration is contribution as a condition of carriage on the vessel, whether directly or indirectly flowing to the owner, charterer, operator, agent, or any other person having an interest in the vessel.''. SEC. 7. CONSIDERATION. Section 2101 of title 46, United States Code, is amended by inserting between paragraphs (5) and (6) a new paragraph (5a) to read as follows: ``(5a) `consideration' means an economic benefit, inducement, right, or profit including pecuniary payment accruing to an individual, person, or entity, but not including a voluntary sharing of the actual expenses of the voyage, by monetary contribution or donation of fuel, food, beverage, or other supplies.''. SEC. 8. OFFSHORE SUPPLY VESSEL. Section 2101(19) of title 46, United States Code, is amended by inserting ``individuals in addition to the crew,'' immediately after ``supplies,'' and by striking everything after ``resources'' to the period at the end. SEC. 9. SAILING SCHOOL VESSEL. Section 2101(30) of title 46, United States Code, is amended in subparagraph (B) by striking ``at least 6'' and substituting ``more than 6''. SEC. 10. SUBMERSIBLE VESSEL. Section 2101 of title 46, United States Code, is amended by inserting between paragraphs (37) and (38) a new paragraph (37a) to read as follows: ``(37a) `submersible vessel' means a vessel that is capable of operating below the surface of the water.''. SEC. 11. GENERAL PROVISION. (a) Section 2113 of title 46, United States Code, is amended to read as follows: ``Sec. 2113. Authority to exempt certain vessels ``If the Secretary decides that the application of a provision of part B, C, F, or G of this subtitle is not necessary in performing the mission of the vessel engaged in excursions or an oceanographic research vessel, or not necessary for the safe operation of certain vessels carrying passengers, the Secretary by regulation may-- ``(1) for an excursion vessel, issue a special permit specifying the conditions of operation and equipment; ``(2) exempt an oceanographic research vessel from that provision under conditions the Secretary may specify; and ``(3) establish different operating and equipment requirements for vessels defined in section 2101(42)(A) of this title.''. (b) Section 4105 of title 46, United States Code, is amended-- (1) by inserting ``(a)'' before the text; and (2) by adding a new subsection (b) to read as follows: ``(b) Within twenty-four months of the date of enactment of this subsection, the Secretary shall, by regulation, require certain additional equipment which may include liferafts or other lifesaving equipment, construction standards, or specify additional operating standards for those uninspected passenger vessels defined in section 2101(42)(A) of this title.''. SEC. 12. EFFECTIVE DATE. (a) Regulations governing small passenger vessels and passenger vessels, as those terms are defined in 46 U.S.C. 2101, which are chartered with no crew provided shall not apply before May 1, 1994. (b) The Secretary of the Department in which the Coast Guard is operating may extend the time period for compliance with the regulations referenced in subsection (a) for an initial period of up to one year and may extend the period of compliance for one additional period of up to one year if the owner of the vessel demonstrates to the satisfaction of the Secretary that a good faith effort, with due diligence and care, has failed to enable compliance with the deadline under subsection (a). SEC. 13. SENSE OF CONGRESS REGARDING USE OF VESSELS CONSTRUCTED IN UNITED STATES FOR CARRYING PASSENGERS FOR HIRE. It is the sense of the Congress that persons who, for the purpose of carrying passengers for hire in the United States, operate or charter vessels with respect to which this Act (including the amendments made by this Act) applies should only operate and charter for that purpose vessels constructed in the United States. Passed the House of Representatives June 9, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Passenger Vessel Safety Act of 1993 - Amends Federal marine safety law to revise certain definitions regarding passengers, passenger vessels, and certain other types of vessels (including offshore supply, sailing school, and submersible vessels). Authorizes the Secretary of the Department in which the Coast Guard is operating to exempt certain excursion, oceanographic research, and other vessels carrying passengers from certain marine safety laws. Authorizes the Secretary to establish different operating and equipment requirements for such vessels. Requires the Secretary to issue regulations for uninspected passenger vessels: (1) requiring certain additional equipment (including liferafts or other lifesaving equipment) and construction standards; or (2) specifying additional operating standards. Authorizes the Secretary to extend for one year (renewable for another year) the time period for small passenger vessels and passenger vessels chartered with no crew provided to comply with such marine safety requirements, if the owner of such a vessel can demonstrate a good faith effort to comply with such requirements. Expresses the sense of the Congress that operators of passenger vessels should use only U.S.-made vessels.

Passenger Vessel Safety Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jumpstarting Our Business Sector Act of 2009''. SEC. 2. CAPITAL GAINS TAX RELIEF. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 139D. TEMPORARY EXCLUSION OF CERTAIN DIVIDENDS AND LONG-TERM CAPITAL GAINS. ``In the case of taxable years beginning in 2009 and 2010, gross income shall not include-- ``(1) gain from the sale or exchange of a capital asset held for more than 1 year, and ``(2) any qualified dividend income (as defined in section 1(h)(11)(B), determined without regard to clause (ii)(IV) thereof and without regard to section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003).''. (b) Conforming Amendment.--Clause (ii) of section 1(h)(11)(B) of such Code is amended by striking ``and'' at the end of subclause (II), by striking the period at the end of subclause (III) and inserting ``, and'', and by adding at the end the following new subclause: ``(IV) any dividend excluded from gross income under section 139D.''. (c) Clerical Amendment.--Part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139C the following new item: ``139D. Temporary exclusion of certain dividends and long-term capital gains.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 3. TEMPORARY REDUCTION OF EMPLOYMENT TAXES. (a) Tax on Employees.--Section 3101 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Temporary Reduction.--In the case of remuneration paid not later than 2 years after the date of the enactment of this subsection-- ``(1) subsection (a) shall be applied by substituting `3.1' for `6.2', and ``(2) subsection (b) shall be applied by substituting `0.725' for `1.45'.''. (b) Tax on Self-Employed Income.--Section 1401 of such Code is amended by adding at the end the following new subsection: ``(c) Temporary Reduction.--In the case of self-employment income derived not later than 2 years after the date of the enactment of this subsection-- ``(1) subsection (a) shall be applied by substituting `6.2' for `12.40', and ``(2) subsection (b) shall be applied by substituting `1.45' for `2.90'.''. (c) Effective Dates.-- (1) The amendment made by subsection (a) shall apply to remuneration received on or after the first January 1 after the date of the enactment of this Act. (2) The amendment made by subsection (b) shall apply to self-employment income derived on or after the first January 1 after the date of the enactment of this Act. SEC. 4. REDUCTION IN CORPORATE MARGINAL INCOME TAX RATES. (a) In General.--Subsection (b) of section 11 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Reduced temporary rates.--In the case of taxable years beginning in 2009 and 2010-- ``(A) In general.--Notwithstanding paragraph (1), the amount of tax imposed by subsection (a) shall be the sum of-- ``(i) 15 percent of so much of the taxable income as does not exceed $50,000, and ``(ii) 25 percent of so much of the taxable income as exceeds $75,000. ``(B) Certain personal service corporations.-- Paragraph (2) shall be applied by substituting `25 percent' for `35 percent'.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 5. RATE REDUCTIONS FOR 2009 AND 2010. Subsection (i) of section 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Temporary rate reductions for 2009 and 2010.--In the case of taxable years beginning after December 31, 2008, and before January 1, 2011-- ``(A) paragraph (1)(A)(i) shall be applied by substituting `5 percent' for `10 percent', and ``(B) notwithstanding paragraph (1)(A)(ii), the rate of tax under subsections (a), (b), (c), and (d) on taxable income over the initial bracket amount (as defined in such paragraph) but not over the maximum bracket amount for the 15-percent rate bracket shall be 10 percent.''. SEC. 6. RESCISSION OF UNOBLIGATED STIMULUS FUNDS. Effective on the date of the enactment of this Act, there are rescinded all unobligated balances of the discretionary appropriations made available by division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5).

Jumpstarting Our Business Sector Act of 2009 - Amends the Internal Revenue Code to: (1) exclude from gross income in 2009 and 2010 long-term capital gains and dividend income; (2) reduce for a two year period the employment and self-employment tax rates; (3) reduce corporate income tax rates in 2009 and 2010; and (4) reduce the income tax rate for taxpayers in the lowest income tax bracket in 2009 and 2010. Rescinds all unobligated balances of the discretionary appropriations made available by division A of the American Recovery and Reinvestment Act of 2009 (stimulus funds).

To amend the Internal Revenue Code of 1986 to provide individual and corporate income tax relief, to reduce the employee share of payroll taxes, and to rescind unobligated stimulus funds, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Standards Development Organization Advancement Act of 2002''. SEC. 2. FINDINGS. The Congress finds the following: (1) In 1993, the Congress amended and renamed the National Cooperative Research Act of 1984 (now known as the National Cooperative Research and Production Act of 1993 (15 U.S.C. 4301 et seq.)) by enacting the National Cooperative Production Amendments of 1993 (Public Law 103-42) to encourage the use of collaborative, procompetitive activity in the form of research and production joint ventures that provide adequate disclosure to the antitrust enforcement agencies about the nature and scope of the activity involved. (2) Subsequently, in 1995, the Congress in enacting the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) recognized the importance of technical standards developed by voluntary consensus standards bodies to our national economy by requiring the use of such standards to the extent practicable by Federal agencies and by encouraging Federal agency representatives to participate in ongoing standards development activities. The Office of Management and Budget on February 18, 1998, revised Circular A-119 to reflect these changes made in law. (3) Following enactment of the National Technology Transfer and Advancement Act of 1995, technical standards developed or adopted by voluntary consensus standards bodies have replaced thousands of unique Government standards and specifications allowing the national economy to operate in a more unified fashion. (4) Having the same technical standards used by Federal agencies and by the private sector permits the Government to avoid the cost of developing duplicative Government standards and to more readily use products and components designed for the commercial marketplace, thereby enhancing quality and safety and reducing costs. (5) Technical standards are written by hundreds of nonprofit voluntary consensus standards bodies in a nonexclusionary fashion, using thousands of volunteers from the private and public sectors, and are developed under the standards development principles set out in Circular Number A- 119, as revised February 18, 1998, of the Office of Management and Budget, including principles that require openness, balance, transparency, consensus, and due process. Such principles provide for-- (A) notice to all parties known to be affected by the particular standards development activity, (B) the opportunity to participate in standards development or modification, (C) balancing interests so that standards development activities are not dominated by any single group of interested persons, (D) readily available access to essential information regarding proposed and final standards, (E) the requirement that substantial agreement be reached on all material points after the consideration of all views and objections, and (F) the right to express a position, to have it considered, and to appeal an adverse decision. (6) There are tens of thousands of voluntary consensus standards available for government use. Most of these standards are kept current through interim amendments and interpretations, issuance of addenda, and periodic reaffirmation, revision, or reissuance every 3 to 5 years. (7) Standards developed by government entities generally are not subject to challenge under the antitrust laws. (8) Private developers of the technical standards that are used as Government standards are often not similarly protected, leaving such developers vulnerable to being named as codefendants in lawsuits even though the likelihood of their being held liable is remote in most cases, and they generally have limited resources to defend themselves in such lawsuits. (9) Standards development organizations do not stand to benefit from any antitrust violations that might occur in the voluntary consensus standards development process. (10) As was the case with respect to research and production joint ventures before the passage of the National Cooperative Research and Production Act of 1993, if relief from the threat of liability under the antitrust laws is not granted to voluntary consensus standards bodies, both regarding the development of new standards and efforts to keep existing standards current, such bodies could be forced to cut back on standards development activities at great financial cost both to the Government and to the national economy. SEC. 3. DEFINITIONS. Section 2 of the National Cooperative Research and Production Act of 1993 (15 U.S.C. 4301) is amended-- (1) in subsection (a) by adding at the end the following: ``(7) The term `standards development activity' means any action taken by a standards development organization for the purpose of developing, promulgating, revising, amending, reissuing, interpreting, or otherwise maintaining a voluntary consensus standard, or using such standard in conformity assessment activities. ``(8) The term `standards development organization' has the same meaning as the terms `voluntary consensus standards body' and `voluntary, private sector consensus standards body' as such term are used in section 12(d) of the National Technology Transfer and Advancement Act of 1995 and in Circular Number A- 119, as revised February 10, 1998, of the Office of Management and Budget. ``(9) The term `technical standard' has the meaning given such term in section 12(d)(4) of the National Technology Transfer and Advancement Act of 1995. ``(10) The term `voluntary consensus standard' has the meaning given such term in Circular Number A-119, as revised February 10, 1998, of the Office of Management and Budget.''; and (2) by adding at the end the following: ``(c) The term `standards development activity' excludes the following activities: ``(1) Exchanging information among competitors relating to cost, sales, profitability, prices, marketing, or distribution of any product, process, or service that is not reasonably required for the purpose of developing or promulgating a voluntary consensus standard, or using such standard in conformity assessment activities. ``(2) Entering into any agreement or engaging in any other conduct that would allocate a market with a competitor. ``(3) Entering into any agreement or conspiracy that would set or restrain prices of any good or service.''. SEC. 4. RULE OF REASON STANDARD. Section 3 of the National Cooperative Research and Production Act of 1993 (15 U.S.C. 4302) is amended by striking ``of any person in making or performing a contract to carry out a joint venture shall'' and inserting the following: ``of-- ``(1) any person in making or performing a contract to carry out a joint venture, or ``(2) a standards development organization while engaged in a standards development activity, shall''. SEC. 5. LIMITATION ON RECOVERY. Section 4 of the National Cooperative Research and Production Act of 1993 (15 U.S.C. 4303) is amended-- (1) in subsections (a)(1), (b)(1), and (c)(1) by inserting ``, for a standards development activity engaged in by standards development organization against which such claim is made'' after ``joint venture'', and (2) in subsection (e)-- (A) by inserting ``, or of a standards development activity engaged in by a standards development organization'' before the period at the end, and (B) by redesignating such subsection as subsection (f), and (3) by inserting after subsection (d) the following: ``(e) Subsections (a), (b), and (c) shall not be construed to modify the liability under the antitrust laws of any person (other than a standards development organization) who-- ``(1) directly (or through an employee or agent) participates in a standards development activity with respect to which a violation of any of the antitrust laws is found, ``(2) is not a fulltime employee of the standards development organization that engaged in such activity, and ``(3) is, or is an employee or agent of a person who is, engaged in a line of commerce that is likely to benefit directly from the operation of the standards development activity with respect to which such violation is found.''. SEC. 6. ATTORNEY FEES. Section 5 of the National Cooperative Research and Production Act of 1993 (15 U.S.C. 4304) is amended-- (1) in subsection (a) by inserting ``, or of a standards development activity engaged in by a standards development organization'' after ``joint venture'', and (2) by adding at the end the following: ``(c) Subsections (a) and (b) shall not apply with respect to any person who-- ``(1) directly participates in a standards development activity with respect to which a violation of any of the antitrust laws is found, ``(2) is not a fulltime employee of a standards development organization that engaged in such activity, and ``(3) is, or is an employee or agent of a person who is, engaged in a line of commerce that is likely to benefit directly from the operation of the standards development activity with respect to which such violation is found.''. SEC. 7. DISCLOSURE OF STANDARDS DEVELOPMENT ACTIVITY. Section 6 of the National Cooperative Research and Production Act of 1993 (15 U.S.C. 4305) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, (B) by inserting ``(1)'' after ``(a)'', and (C) by adding at the end the following: ``(2) A standards development organization may, not later than 90 days after commencing a standards development activity engaged in for the purpose of developing or promulgating a voluntary consensus standards or not later than 90 days after the date of the enactment of the Standards Development Organization Advancement Act of 2002, whichever is later, file simultaneously with the Attorney General and the Commission, a written notification disclosing-- ``(A) the name and principal place of business of the standards development organization, and ``(B) documents showing the nature and scope of such activity. Any standards development organization may file additional disclosure notifications pursuant to this section as are appropriate to extend the protections of section 4 to standards development activities that are not covered by the initial filing or that have changed significantly since the initial filing.'', (2) in subsection (b)-- (A) in the 1st sentence by inserting ``, or a notice with respect to such standards development activity that identifies the standards development organization engaged in such activity and that describes such activity in general terms'' before the period at the end, and (B) in the last sentence by inserting ``or available to such organization, as the case may be'' before the period, (3) in subsection (d)(2) by inserting ``, or the standards development activity,'' after ``venture'', (4) in subsection (e)-- (A) by striking ``person who'' and inserting ``person or standards development organization that'', and (B) by inserting ``or any standards development organization'' after ``person'' the last place it appears, and (5) in subsection (g)(1) by inserting ``or standards development organization'' after ``person''.

Standards Development Organization Advancement Act of 2002 - Amends the National Cooperative Research and Production Act of 1993 to provide that, in any action under the antitrust laws, the conduct of a standards development organization (SDO) while engaged in a standards development activity shall be subject to a rule of reason standard.Limits the amount recoverable and attorney's fees with respect to standards development activity engaged in by an SDO.States that an SDO may, not later than 90 days after commencing activity for the purpose of developing or promulgating voluntary consensus standards or 90 days after enactment of the Standards Development Advancement Act of 2002, whichever is later, file simultaneously with the Attorney General and the Commission a written notification disclosing: (1) the name and principal place of business of the SDO; and (2) documents showing the nature and scope of such activity. Allows an SDO to file additional disclosure notifications as appropriate to extend protections under this Act to standards development activities that are not covered by, or that have changed significantly since, the initial filing.Includes standards development activity within notice, disclosure, and withdrawal from notification requirements of the Act.

To encourage the development and promulgation of voluntary consensus standards by providing relief under the antitrust laws to standards development organizations with respect to conduct engaged in for the purpose of developing voluntary consensus standards, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Ocean Observation System Integration and Implementation Act of 2005''. SEC. 2. PURPOSES. The purposes of this Act are the following: (1) To gain a better understanding of the marine environment and marine processes important to coastal and fishery management, marine operations, environmental prediction, and other appropriate activities. (2) To authorize the establishment of an observation system to collect data on environmental variables in coastal ocean waters of the United States to meet regional and national information requirements and support an integrated national ocean observing system. (3) To more effectively predict and mitigate impacts of natural hazards such as tsunamis, hurricanes, coastal erosion, and fluctuating water levels in the Great Lakes, and conserve healthy and restore degraded coastal ecosystems. (4) To enable the sustainable use of ocean and coastal resources. (5) To ensure that a broad-based multisector constituency is included in the development of the System, including local, State, tribal, and Federal agencies, private companies, nongovernmental organizations, and academic institutions. SEC. 3. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the National Oceanic and Atmospheric Administration. (2) Coastal waters of the united states.--The term ``coastal waters of the United States'' means waters of coastal and estuarine areas of United States, waters of the Great Lakes and the exclusive economic zone of the United States, including bays, lagoons, fjords, tidal wetlands, and other semienclosed bodies of water that are connected to ocean waters. (3) Council.--The term ``Council'' means the National Ocean Research Leadership Council. (4) Panel.--The term ``Panel'' means the Ocean and Research Advisory Panel. (5) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administration. (6) System.--The term ``System'' means the Coastal Ocean Observation System established by the Secretary under section 4. SEC. 4. ESTABLISHMENT OF COASTAL OCEAN OBSERVATION SYSTEM. (a) Requirement.--The Secretary, in consultation with the Council, shall establish within the Administration a Coastal Ocean Observation System to support coastal and fishery management activities and an integrated national ocean observation system. (b) Components and Functions.--The System shall-- (1) consist of components of the Administration and other Federal agencies and non-Federal entities designated as units under section 5; (2) transmit such data to users including, as appropriate, in real time or near real time; (3) produce forecasts and other appropriate products representing ocean conditions and processes; and (4) manage the collected data in accordance with best practices for archiving and future use. SEC. 5. DESIGNATION OF UNITS AND STANDARDS. (a) In General.--The Secretary may, in consultation with the Council, designate as a unit of the System to carry out the purposes of this Act any Federal agency or non-Federal entity that operates marine sensors and other devices that collect remotely sensed and in situ observation data in the ocean and coastal waters of the United States in a routine manner, including continuous observations. (b) Criteria for Designation.--The Secretary may not designate an agency or other entity as a unit of the System unless the Secretary certifies, in consultation with the Council, that the entity has adequate technical expertise to operate and sustain the technology in the unit, and collect and distribute data in accordance with standards and protocols established under subsection (c). (c) Data Standards, Protocols, and Systems.--The Secretary shall-- (1) establish, in consultation with the Council and the Panel, standards, and protocols for the collection, availability, and distribution by units of the System of data regarding coastal waters of the United States; and (2) establish management, quality control, and assessment systems for such data collection, availability, and distribution. SEC. 6. COORDINATION AND ACTIVITIES OF THE SYSTEM. (a) In General.--The Secretary shall, in consultation with the Council, coordinate those observation activities of units of the System that are conducted with respect to the coastal waters of the United States, as necessary to collect data to carry out the purposes of this Act. (b) Included Activities.--The Secretary shall, in consultation with the Council, ensure that-- (1) data collection activities of the System include all of the relevant coastal ocean observations necessary to carry out the purposes of this Act; and (2) data collected through the System is useful for developing forecast models to support coastal and fishery management, safe and efficient marine navigation, weather and climate prediction, and other appropriate activities. (c) Prevention Competition With Private Sector and Duplication of Effort.--The Secretary shall ensure that data collection activities conducted through the System-- (1) do not compete with private sector activities; and (2) minimize duplication of effort. SEC. 7. CIVIL LIABILITY. For purposes of determining civil liability under section 2671 of title 28, United States Code, any unit of the System that is designated by the Secretary under section 5, and any employee thereof, shall be treated as an instrumentality of the United States with respect to any act or omission committed by any such unit or employee in fulfilling the purposes of this Act. SEC. 8. DATA AVAILABILITY AND PRODUCTS. The Secretary shall-- (1) work with the Panel and user groups to ensure the development of viable end-use products of the System to support coastal and fishery management activities and other appropriate activities; (2) in consultation with the Council, develop a data management and communication system by which all data collected by the System regarding coastal waters of the United States are integrated and available; and (3) in conjunction with Federal, State, and local agencies, and academic institutions, use data collected by the System to develop forecast models to support and improve coastal and fishery management, safe and efficient marine navigation, weather and climate prediction, and other appropriate activities. SEC. 9. PILOT PROJECTS. (a) Requirement.--The Secretary, in consultation with the Council, shall carry out pilot projects to determine the effectiveness of collecting and integrating coastal ocean observation data to support the Coastal Ocean Observation System established under this Act. (b) Included Projects.--The pilot projects shall-- (1) test the integration of data among multiple Federal agencies and non-Federal entities that operate marine sensors and other devices to collect or use coastal ocean observation data; (2) produce operational applications relevant to the purposes of this Act; (3) demonstrate potential economic and societal benefits of the System; and (4) advance research and development of useful technologies and applications. SEC. 10. PROCESS FOR TRANSITION FROM RESEARCH TO OPERATION. The Secretary, in consultation with the Council, shall formulate a process by which-- (1) funding is made available for research on new technologies for collecting data regarding coastal waters of the United States; (2) such technologies are tested in pilot projects, including-- (A) accelerated research into biological and chemical sensing techniques and satellite sensors for collecting such data; and (B) developing technologies to improve all aspects of the System, especially the timeliness and accuracy of its predictive models and the usefulness of its information products; and (3) technology that has been demonstrated to be useful for the System is incorporated into use by the System. SEC. 11. CONTRACTS AND GRANTS. The Secretary may enter into contracts or cooperative agreements with, or make grants to, units of the System to carry out observation activities with respect to coastal waters of the United States. SEC. 12. IMPLEMENTATION PLAN. Not later than 12 months after the date of the enactment of this Act, the Secretary shall submit to the Congress and the Council a plan for implementation of this Act, including for-- (1) coordinating activities of the Secretary under this Act with other Federal agencies; and (2) distributing, to units of the System, funds available to carry out this Act. SEC. 13. REPORT TO CONGRESS. (a) Requirement.--Not later than two years after the date of the enactment of this Act and every two years thereafter, the Secretary shall transmit to the Congress a report on progress made in implementing this Act. (b) Contents.--The report shall include the following: (1) A description of activities carried out under this Act. (2) An evaluation of the effectiveness of the System. (3) Benefits of the System to users of data products resulting from the System (including the general public, industry, scientists, resource managers, emergency responders, policy makers, and educators). (4) Recommendations concerning-- (A) modifications to the System; and (B) funding levels for the System in subsequent fiscal years. SEC. 14. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act there are authorized to be appropriated to the Secretary-- (1) $25,000,000 for fiscal year 2005; (2) $30,000,000 for fiscal year 2006; (3) $35,000,000 for fiscal year 2007; and (4) $40,000,000 for fiscal year 2008.

Coastal Ocean Observation System Integration and Implementation Act of 2005 - Directs the Secretary of Commerce to establish within the National Oceanic and Atmospheric Administration (NOAA) a Coastal Ocean Observation System (System) to support coastal and fishery management activities and an integrated national ocean observation system. Authorizes the Secretary to: (1) designate as a unit of the System any Federal agency or non-Federal entity that operates marine sensors that collect observation data in U.S. ocean and coastal waters; and (2) coordinate such units' activities. Requires the Secretary to develop: (1) viable end-use products of the System to support coastal and fishery management activities; (2) a data management and communication system by which all System collected data regarding U.S. coastal waters are integrated and available; and (3) forecast models using collected data to support and improve coastal and fishery management, safe and efficient marine navigation, weather and climate prediction, and other appropriate activities. Requires the Secretary to carry out pilot projects to determine the effectiveness of collecting and integrating coastal ocean observation data to support the System.

To authorize the Secretary of Commerce to establish a coastal ocean observation system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ticket Fee Disclosure Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) sellers and resellers of entertainment and sporting event tickets often impose service charges and fees or other additional fees and charges, in excess of the face amount of such tickets, to consumers who purchase such tickets; (2) consumers who desire to purchase entertainment and sporting event tickets are entitled to full, complete, and clear disclosure of any such additional charges or fees; (3) the failure by sellers and resellers of entertainment and sporting event tickets to provide full, complete, and clear disclosure of any such additional charges or fees constitutes an unfair and deceptive act or practice in or affecting commerce within the meaning of section 5 of the Federal Trade Commission Act (15 U.S.C. 45); (4) sellers and resellers of entertainment and sporting event tickets should be required to disclose to potential purchasers of such tickets the amount of any additional fees and charges beyond the face amount of such tickets, and to have the amount of such charges or fees imprinted on the ticket or on a receipt evidencing any such ticket sale; and (5) the Federal Trade Commission should conduct a study and issue a report to the Congress concerning practices by and relationships between persons involved in entertainment and sporting events (such as promoters, facility owners and operators, performers, and sellers and resellers of tickets) and to make recommendations based on such study to achieve better disclosure, information, access, and value for consumers who seek to purchase entertainment or sporting event tickets. SEC. 3. DISCLOSURE OF SERVICE CHARGES OR ADDITIONAL TICKET FEES. It is unlawful for any seller or reseller (including any ticket broker) of entertainment or sporting event tickets-- (1) to fail to disclose to a purchaser of an entertainment or sporting event ticket, prior to any purchase of such ticket, any fee, charge, or assessment (other than a tax or other levy imposed pursuant to Federal, State, or local law) to be imposed in excess of the face amount of the ticket, and (2) to fail to have the amount of any such fee, charge, or assessment imprinted on the ticket or on a receipt evidencing any such ticket sale. SEC. 4. ENFORCEMENT. (a) In General.--Section 3 shall be enforced by the Federal Trade Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). Consequently, no activity which is outside the jurisdiction of that Act shall be affected by this Act. (b) Actions by the Federal Trade Commission.--The Federal Trade Commission shall prevent any person from violating section 3 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates section 3 shall be subject to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties, as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (c) Treatment of Violations.--Any violation of section 3 shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. (d) Effect on Other Laws.--Nothing contained in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. SEC. 5. ACTIONS BY STATES. Whenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in an act or practice in violation of section 3, the State may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such act or practice, to enforce compliance of section 3, to obtain damages, restitution, or other compensation on behalf of residents of such State, or to obtain such further and other relief as the court may deem appropriate. SEC. 6. STUDY. (a) Study.--The Federal Trade Commission shall conduct a study of practices of persons involved in the sale and resale of entertainment and sporting event tickets. The study shall-- (1) include, at a minimum, an examination of relevant practices by, and relationships between, the following persons: promoters of entertainment and sporting events; owners and operators of venues, arenas, stages, and other facilities where such events are staged; artists, athletes, and other performers; and sellers and resellers of entertainment and sporting event tickets, (2) identify charges, fees, or assessments imposed by such persons that purchasers of tickets pay, (3) include an evaluation of unique or exclusive contractual relationships between any such persons and their effect on consumer ticket prices and additional charges, fees, and assessments imposed thereon, (4) include a review of the practice of combining fees, assessments, and other charges with the price of the ticket so that the face amount of the ticket includes such fees, assessments, and other charges, (5) include an analysis of the effects on consumer ticket prices and on additional fees, assessments, and other charges imposed thereon of consolidations, purchases, and other acquisitions by and between such persons, and (6) include an examination of the extent to which entertainment and sporting event tickets are withheld or otherwise not provided for public sale, including an identification of persons who withhold such tickets from public sale, identification of persons (including ticket brokers) who purchase or otherwise acquire tickets that are withheld from public sale, and the effect of any such practices on the ability of consumers to have reasonable access to tickets at publicly available prices. (b) Report.--Not later than one year after the date of the enactment of this Act, the Federal Trade Commission shall submit to the Committee on Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written report based on the study under subsection (a). Such report shall include findings relating to practices that fail to provide consumers with adequate disclosure or information concerning fees, assessments, and other charges imposed on entertainment and sporting event tickets and practices that lead to higher consumer prices for such tickets and shall include recommendations to achieve better disclosure, information, access, and value for consumers of such tickets. SEC. 7. DEFINITIONS. For purposes of this Act: (1) The term ``attorney general'' means the chief legal officer of a State. (2) The term ``State'' means any State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, and any territory or possession of the United States.

Ticket Fee Disclosure Act of 1995 - Prohibits any seller or reseller (including any ticket broker) of entertainment or sporting event tickets from failing to: (1) disclose to a purchaser of such a ticket, prior to purchase, any fee, charge, or assessment (other than a tax or other levy imposed pursuant to Federal, State, or local law) to be imposed in excess of the face amount of the ticket; and (2) have the amount of any such cost imprinted on the ticket or on a receipt evidencing any such ticket sale. Directs that such provision be enforced by the Federal Trade Commission (FTC) under the Federal Trade Commission Act (FTCA). Treats any violation of such provision as a violation of a rule under the FTCA regarding unfair or deceptive acts or practices. Authorizes State attorneys general to bring civil actions on behalf of their residents whenever they believe that the interests of such residents have been or are being threatened or adversely affected because of an act or practice in violation of such provision. Requires the FTC to study, and report to specified congressional committees on, the practices of persons involved in the sale and resale of entertainment and sporting event tickets.

Ticket Fee Disclosure Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Growing Farm to School Programs Act of 2010''. SEC. 2. ACCESS TO LOCAL FOODS: FARM TO SCHOOL PROGRAM. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended-- (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; (2) in subsection (g), by striking ``(g) Access to Local Foods and School Gardens.--'' and all that follows through ``(3) Pilot program for high-poverty schools.--'' and inserting the following: ``(g) Access to Local Foods: Farm to School Program.-- ``(1) Definition of eligible school.--In this subsection, the term `eligible school' means a school or institution that participates in a program under this Act or the school breakfast program established under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(2) Program.--The Secretary shall carry out a program to assist eligible schools, State and local agencies, Indian tribal organizations, agricultural producers or groups of agricultural producers, and nonprofit entities through grants and technical assistance to implement farm to school programs that improve access to local foods in eligible schools. ``(3) Grants.-- ``(A) In general.--The Secretary shall award competitive grants under this subsection to be used for-- ``(i) training; ``(ii) supporting operations; ``(iii) planning; ``(iv) purchasing equipment; ``(v) developing school gardens; ``(vi) developing partnerships; and ``(vii) implementing farm to school programs. ``(B) Regional balance.--In making awards under this subsection, the Secretary shall, to the maximum extent practicable, ensure-- ``(i) geographical diversity; and ``(ii) equitable treatment of urban, rural, and tribal communities. ``(C) Maximum amount.--The total amount provided to a grant recipient under this subsection shall not exceed $100,000. ``(4) Federal share.-- ``(A) In general.--The Federal share of costs for a project funded through a grant awarded under this subsection shall not exceed 75 percent of the total cost of the project. ``(B) Federal matching.--As a condition of receiving a grant under this subsection, a grant recipient shall provide matching support in the form of cash or in-kind contributions, including facilities, equipment, or services provided by State and local governments, nonprofit organizations, and private sources. ``(5) Criteria for selection.--To the maximum extent practicable, in providing assistance under this subsection, the Secretary shall give the highest priority to funding projects that, as determined by the Secretary-- ``(A) benefit local small- and medium-sized farms; ``(B) make local food products available on the menu of the eligible school; ``(C) serve a high proportion of children who are eligible for free or reduced price lunches; ``(D) incorporate experiential nutrition education activities in curriculum planning that encourage the participation of school children in farm and garden- based agricultural education activities; ``(E) demonstrate collaboration between eligible schools, nongovernmental and community-based organizations, agricultural producer groups, and other community partners; ``(F) include adequate and participatory evaluation plans; ``(G) demonstrate the potential for long-term program sustainability; and ``(H) meet any other criteria that the Secretary determines appropriate. ``(6) Evaluation.--As a condition of receiving a grant under this subsection, each grant recipient shall agree to cooperate in an evaluation by the Secretary of the program carried out using grant funds. ``(7) Technical assistance.--The Secretary shall provide technical assistance and information to assist eligible schools, State and local agencies, Indian tribal organizations, and nonprofit entities-- ``(A) to facilitate the coordination and sharing of information and resources in the Department that may be applicable to the farm to school program; ``(B) to collect and share information on best practices; and ``(C) to disseminate research and data on existing farm to school programs and the potential for programs in underserved areas. ``(8) Funding.-- ``(A) In general.--On October 1, 2010, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this subsection $50,000,000, to remain available until expended. ``(B) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under subparagraph (A), without further appropriation. ``(h) Pilot Program for High-Poverty Schools.-- ``(1) In general.--''; and (3) in subsection (h) (as redesignated by paragraph (2))-- (A) in subparagraph (F) of paragraph (1) (as so redesignated), by striking ``in accordance with paragraph (1)(H)'' and inserting ``carried out by the Secretary''; and (B) by redesignating paragraph (4) as paragraph (2). SEC. 3. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Growing Farm to School Programs Act of 2010 - Amends the Richard B. Russell National School Lunch Act to replace the farm-to-cafeteria program with a program providing schools, state and local agencies, Indian tribes, agricultural producers, and nonprofits with competitive matching grants and technical assistance to improve access to local foods by schools participating in the school lunch or breakfast programs. Gives priority to projects that: (1) benefit local small- and medium-sized farms; (2) serve a high proportion of children who are eligible for free or reduced price lunches; and (3) incorporate experiential nutrition education by involving school children in farm and garden-based agricultural education activities.

A bill to amend the Richard B. Russell National School Lunch Act to require the Secretary of Agriculture to carry out a program to assist eligible schools and nonprofit entities through grants and technical assistance to implement farm to school programs that improve access to local foods in eligible schools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Medications for Moms and Babies Act of 2016''. SEC. 2. TASK FORCE ON RESEARCH SPECIFIC TO PREGNANT WOMEN AND LACTATING WOMEN. (a) Task Force.-- (1) Establishment.--Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall establish a task force, in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), to be known as the Task Force on Research Specific to Pregnant Women and Lactating Women (in this section referred to as the ``Task Force''). (2) Duties.--The Task Force shall provide advice and guidance to the Secretary regarding Federal activities related to identifying and addressing gaps in knowledge and research regarding safe and effective therapies for pregnant women and lactating women, including the development of such therapies and the collaboration on and coordination of such activities. (3) Membership.-- (A) Federal members.--The Federal members of the Task Force shall be composed of the following members (or their designees): (i) The Director of the Centers for Disease Control and Prevention. (ii) The Director of the National Institutes of Health, the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development, and the directors of such other national research institutes as the Secretary determines appropriate. (iii) The Commissioner of Food and Drugs. (iv) The Director of the Office on Women's Health. (v) The Director of the National Vaccine Program Office. (vi) The head of any other research-related agency or department not described in clauses (i) through (v) that the Secretary determines appropriate, which may include the Department of Veterans Affairs and the Department of Defense. (B) Non-federal members.--The non-Federal members of the Task Force shall be composed of the following members: (i) Representatives from relevant medical societies with subject matter expertise on pregnant women, lactating women, or children. (ii) Nonprofit organizations with expertise related to the health of women and children. (iii) Relevant industry representatives. (iv) Representatives of patient or consumer advocacy organizations. (v) Other representatives, as appropriate. (C) Limitations.--The non-Federal members described in subparagraph (B) shall-- (i) compose not more than one-half, and not less than one-third, of the total membership of the Task Force; and (ii) be appointed by the Secretary. (4) Termination.-- (A) In general.--Subject to subparagraph (B), the Task Force shall terminate on the date that is 2 years after the date on which the Task Force is established under paragraph (1). (B) Extension.--The Secretary may extend the operation of the Task Force for one additional 2-year period following the 2-year period described in subparagraph (A), if the Secretary determines that the extension is appropriate for carrying out the purpose of this section. (5) Meetings.--The Task Force shall meet not less than 2 times each year and shall convene public meetings, as appropriate, to fulfill its duties under paragraph (2). (6) Task force report to congress.--Not later than 18 months after the date on which the Task Force is established under paragraph (1), and not later than 36 and 48 months after such date if the Secretary extends the operation of the Task Force pursuant to paragraph (4)(B), the Task Force shall prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report on gaps in knowledge and research regarding safe and effective therapies for pregnant women and lactating women. Each such report shall, at a minimum, include each of the following: (A) A plan to identify and address gaps in knowledge and research regarding safe and effective therapies for pregnant women and lactating women, including the development of such therapies. (B) Ethical issues surrounding the inclusion of pregnant women and lactating women in clinical research. (C) Effective communication strategies with health care providers and the public on information relevant to pregnant women and lactating women. (D) Identification of Federal activities, including-- (i) the state of research involving pregnant and lactating women; (ii) recommendations for the coordination of, and collaboration on, research related to pregnant women and lactating women; (iii) dissemination of research findings and information relevant to pregnant women and lactating women to providers and the public; and (iv) existing Federal efforts and programs to improve the scientific understanding of the health impacts of therapies on pregnant women and lactating women and related birth and pediatric outcomes, including with respect to pharmacokinetics, pharmacodynamics, and toxicities. (E) Recommendations to improve the development of safe and effective therapies for pregnant women and lactating women. (b) Confidentiality.--Nothing in this section authorizes the Secretary to disclose any information that is a trade secret, or other privileged or confidential information, described in section 552(b)(4) of title 5, United States Code, or section 1905 of title 18, United States Code. (c) Updating Protections for Pregnant Women and Lactating Women in Research.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, and not later than 3 and 4 years after such date if the Secretary extends the operation of the Task Force pursuant to subsection (a)(4)(B), the Secretary, taking into consideration any recommendations of the Task Force available at such time and in consultation with the heads of relevant agencies of the Department of Health and Human Services, shall, as appropriate, update regulations and guidance, as applicable, regarding the inclusion of pregnant women and lactating women in clinical research. (2) Criteria for excluding pregnant or lactating women.--In updating any regulations or guidance described in paragraph (1), the Secretary shall consider any appropriate criteria to be used by institutional review boards and individuals reviewing grant proposals for excluding from participating in human subject research pregnant women or lactating women as a study population requiring additional protections. SEC. 3. ANNUAL REPORT FROM FDA ON APPROVED NEW DRUG APPLICATIONS WITH INFORMATION ON PREGNANCY AND LACTATION. Not later than 1 year after the date of enactment of this Act, and not less than annually for the succeeding 9 years, the Commissioner of Food and Drugs shall submit to the appropriate committees of the Congress a report on-- (1) the number of new drug applications and supplements to such applications approved or licensed by the Food and Drug Administration under section 505(c) of the Federal Food, Drug, and Cosmetic Act or section 351(a) of the Public Health Services Act (42 U.S.C. 262(a)) based on research that included pregnant women or lactating women in trials; (2) the number of new drug applications and supplements to such applications so approved or licensed that included data on the excretion of the drug in breast milk; (3) the number of new drug applications and supplements to such applications so approved or licensed with required postmarket studies in pregnant or breastfeeding women; and (4) the number of drugs with respect to which a labeling change is made to include new information regarding use in pregnant or breastfeeding women.

Safe Medications for Moms and Babies Act of 2016 This bill requires the Department of Health and Human Services to establish the Task Force on Research Specific to Pregnant Women and Lactating Women to report on issues including: (1) the development of safe and effective therapies for such women, (2) ethical issues surrounding the inclusion of such women in clinical research, and (3) federal research activities regarding such women. The Food and Drug Administration must report specified information including the number of new drugs approved based on research that included such women in clinical trials.

Safe Medications for Moms and Babies Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Health Care Improvement Act of 2003''. SEC. 2. APPOINTMENT OF CHIROPRACTORS IN THE VETERANS HEALTH ADMINISTRATION. (a) Appointments.--Section 7401 of title 38, United States Code, is amended-- (1) by inserting ``and chiropractic care'' in the matter preceding paragraph (1) after ``medical care''; and (2) by inserting ``chiropractors,'' in paragraph (1) after ``podiatrists,''. (b) Qualifications of Appointees.--Section 7402(b) of such title is amended-- (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following new paragraph (10): ``(10) Chiropractor.--To be eligible to be appointed to a chiropractor position, a person must-- ``(A) hold the degree of doctor of chiropractic, or its equivalent, from a college of chiropractic approved by the Secretary; and ``(B) be licensed to practice chiropractic in a State.''. (c) Period of Appointments and Promotions.--Section 7403(a)(2) of such title is amended by adding at the end the following new subparagraph: ``(H) Chiropractors.''. (d) Grades and Pay Scales.--Section 7404(b)(1) of such title is amended by striking the third center heading in the table and inserting the following: ``CLINICAL PODIATRIST, CHIROPRACTOR, AND OPTOMETRIST SCHEDULE''. (e) Temporary and Part-Time Appointments.--Section 7405(a) of such title is amended-- (1) by adding at the end of paragraph (1) the following new subparagraph: ``(E) Chiropractors.''; and (2) by adding at the end of paragraph (2) the following new subparagraph: ``(D) Chiropractors.''. (f) Residencies and Internships.--Section 7406(c) of such title is amended-- (1) in paragraph (1)-- (A) by inserting ``and chiropractic'' after ``medical'' the first place it appears; and (B) by inserting ``or chiropractic'' after ``medical'' the second place it appears; (2) in paragraph (2)(B), by inserting ``or chiropractic'' after ``medical'' the first place it appears; and (3) in paragraph (3)(A), by inserting ``or chiropractic'' after ``medical''. (g) Malpractice and Negligence Protection.--Section 7316(a) of such title is amended-- (1) in paragraph (1), by inserting ``or chiropractic'' after ``medical'' each place it appears; and (2) in paragraph (2)-- (A) by inserting ``or chiropractic'' after ``medical'' the first place it appears; and (B) by inserting ``chiropractor,'' after ``podiatrist,''. (h) Treatment as Scarce Medical Specialists for Contracting Purposes.--Section 7409(a) of such title is amended by inserting ``chiropractors,'' in the second sentence after ``optometrists,''. (i) Reimbursement of Continuing Professional Education Expenses.-- Section 7411 of such title is amended by striking ``or dentist'' and inserting ``, dentist, or chiropractic''. (j) Collective Bargaining Exemption.--Section 7421(b) of such title is amended by adding at the end the following new paragraph: ``(8) Chiropractors.''. (k) Effective Date.--The amendments made by this section shall take effect at the end of the 180-day period beginning on the date of the enactment of this Act. SEC. 3. ELIGIBILITY FOR DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE OF CERTAIN FILIPINO WORLD WAR II VETERANS RESIDING IN THE UNITED STATES. (a) Eligibility.--The text of section 1734 of title 38, United States Code, is amended to read as follows: ``(a) The Secretary shall furnish hospital and nursing home care and medical services to any individual described in subsection (b) in the same manner, and subject to the same terms and conditions, as apply to the furnishing of such care and services to individuals who are veterans as defined in section 101(2) of this title. Any disability of an individual described in subsection (b) that is a service-connected disability for purposes of this subchapter (as provided for under section 1735(2) of this title) shall be considered to be a service- connected disability for purposes of furnishing care and services under the preceding sentence. ``(b) Subsection (a) applies to any individual who is a Commonwealth Army veteran or new Philippine Scout and who-- ``(1) is residing in the United States; and ``(2) is a citizen of the United States or an alien lawfully admitted to the United States for permanent residence.''. (b) Limitation.--(1) The amendment made by subsection (a) shall take effect on the date on which the Secretary of Veterans Affairs submits to the Committees on Veterans' Affairs of the Senate and House of Representatives and publishes in the Federal Register a certification described in paragraph (2). (2) A certification referred to in paragraph (1) is a certification that sufficient resources are available for the fiscal year during which the certification is submitted to carry out section 1734 of title 38, United States Code, as amended by such amendment, during that fiscal year at each significantly affected health care facility of the Department of Veterans Affairs. (3) For purposes of paragraph (2), the term ``significantly affected health care facility'' means a health care facility at which, as determined by the Secretary, it is reasonably foreseeable that the implementation of the provisions of section 1734 of title 38, United States Code, as amended by subsection (a), will result in a significant increase in the use of health care resources due to the number of veterans described in subsection (b) of that section who are considered to be likely to seek hospital or nursing home care or medical services, as authorized by subsection (a) of that section, at that facility. Passed the House of Representatives July 21, 2003. Attest: JEFF TRANDAHL, Clerk.

Veterans Health Care Improvement Act of 2003 - Authorizes the appointment of, and provision of medical care by, chiropractors within the Veterans Health Administration (VHA) of the Department of Veterans Affairs. Includes chiropractors within VHA provisions concerning: (1) qualifications of appointees, periods of appointment, and pay grades; (2) temporary and part-time appointments; (3) residencies and internships; (4) malpractice and negligence protection; (5) treatment as scarce medical specialists for contracting purposes; (6) reimbursement for continuing professional education expenses; and (7) collective bargaining exemptions. Directs (current law authorizes) the Secretary of Veterans Affairs to furnish hospital and nursing home care and medical services for any illness or injury that is a service-connected disability of any Commonwealth Army veteran or new Philippine Scout who: (1) is residing in the United States; and (2) is a citizen or lawfully admitted alien for permanent residence. Requires the Secretary to certify to the congressional veterans' committees, for each fiscal year, that sufficient resources are available to provide such care and services.

To amend title 38, United States Code, to provide for the appointment of chiropractors in the Veterans Health Administration of the Department of Veterans Affairs and to provide eligibility for Department of Veterans Affairs health care for certain Filipino World War II veterans residing in the United States.

SYSTEMS SEC. 101. GRANTS TO STATES. (a) In General.--The Secretary shall make grants to States for the implementation and evaluation of alternative dispute resolution systems. (b) Eligibility.--A State is eligible to receive a grant under this section if the State submits to the Secretary an application at such time, in such form, and containing such information and assurances as the Secretary may require, including-- (1) a description of the alternative dispute resolution system that the State intends to implement with amounts received under the grant; (2) assurances that the State will comply with all data gathering requirements promulgated by the Secretary under section 102(a); and (3) any information and assurances necessary to enable the Secretary to determine whether the State's alternative dispute resolution system meets the qualification standards for such systems developed by the Secretary under section 102(a). (c) Number of Grants.-- (1) In general.--Except as provided in paragraph (2), the Secretary shall award not less than 10 grants each fiscal year under this section. (2) Exception.--Notwithstanding paragraph (1), the Secretary may award less than 10 grants under this section in a fiscal year if the Secretary determines that there are an inadequate number of applications submitted that meet the eligibility and approval requirements of this section in such fiscal year. (d) Designation of Model States.-- (1) In general.--The Secretary shall designate each State receiving a grant under this section as a model alternative dispute resolution State. (2) Extension of period of grant.--Upon application to the Secretary, a State designated under paragraph (1) shall be eligible for a 2-year extension of the grant received under this section. (3) Dissemination of information to other states.--The Secretary shall disseminate information on the alternative dispute resolution systems implemented by the States designated under paragraph (1) to other States, health care professionals, health care providers, and other interested parties. SEC. 102. ADMINISTRATION. (a) Standards and Regulations for Alternative Dispute Resolution Grant Program.-- (1) In general.--In consultation with the Director of the Agency for Health Care Policy and Research, the Secretary shall develop and promulgate standards and regulations necessary to carry out the grant program established under section 101, including-- (A) qualification standards for alternative dispute resolution systems that States must meet in order to receive grants under such section; and (B) regulations establishing data gathering requirements for States receiving grants under such section. (2) Criteria for programs.--In developing qualification standards for alternative dispute resolution systems under paragraph (1)(A), the Secretary shall take into account the effectiveness of such systems in-- (A) supporting access to health care; (B) encouraging improvements in the quality of health care; (C) enhancing and not impairing the physician- patient relationship; (D) encouraging innovation that leads to an improved level of health care; (E) compensating for avoidable medical injury due to provider fault and not compensating for injury which is unavoidable by standard medical practice; (F) resolving claims promptly and in amounts proportional to the injury; (G) providing predictable outcomes; and (H) operating efficiently in terms of financial costs, professional energies, and governmental processes. (b) Technical Assistance.--The Secretary shall provide States with technical assistance to enable States to submit applications for grants under section 101, including information on the establishment and operation of alternative dispute resolution systems. (c) Evaluation of Alternative Dispute Resolution Systems.--Not later than 4 years after awarding the first grant to a State under section 101, the Secretary shall prepare and submit to Congress a report describing and evaluating the alternative dispute resolution systems implemented by States with funds provided under such grants, and shall include in the report-- (1) information on-- (A) the effect of such systems on the cost of health care within the State, (B) the impact of such systems on the access of individuals to health care within the State, and (C) the effect of such systems on the quality of health care provided within such State; and (2) an analysis of the feasibility and desirability of establishing a national alternative dispute resolution system. TITLE II--UNIFORM STANDARDS FOR MALPRACTICE CLAIMS SEC. 201. APPLICABILITY. Except as provided in section 209, this title shall apply to any health care liability action brought in a Federal or State court and to any medical malpractice claim or medical product liability claim subject to an alternative dispute resolution system. SEC. 202. CALCULATION AND PAYMENT OF DAMAGES. (a) Periodic Payments for Future Losses.--No person may be required to pay more than $100,000 in a single payment in damages (whether for economic or noneconomic losses) for expenses to be incurred in the future, but shall be permitted to make such payments on a periodic basis. The periods for such payments shall be determined by the court, based upon projections of when such expenses are likely to be incurred. (b) Limitation on Noneconomic Losses.--The total amount of damages that may be awarded to an individual and the family members of such individual for noneconomic losses resulting from an injury which is the subject of an action or claim may not exceed $250,000, regardless of the number of health care professionals, health care providers, and health care producers against whom the action or claim is brought or the number of actions or claims brought with respect to the injury. (c) Mandatory Offsets for Damages Paid by a Collateral Source.-- (1) In general.--The total amount of damages received by an individual shall be reduced (in accordance with paragraph (2)) by any other payment that has been or will be made to the individual to compensate the individual for the injury that was the subject of the action or claim. (2) Amount of reduction.--The amount by which an award of damages to an individual shall be reduced under paragraph (1) shall be-- (A) the total amount of any payments (other than such award) that have been made or that will be made to the individual to compensate the individual for the injury that was the subject of the action or claim; minus (B) the amount paid by the individual (or by the spouse, parent, or legal guardian of the individual) to secure the payments described in subparagraph (A). (d) Attorney's Fees.--A claimant's attorney's fees may not exceed-- (1) 25 percent of the first $150,000 of any award or settlement paid to the claimant; or (2) 15 percent of any additional amounts paid to the claimant. (e) Limitation on Punitive Damages.--The total amount of punitive damages that may be assessed with respect to an action or claim may not exceed twice the total amount of the damages awarded to compensate the claimant for losses resulting from the injury which is the subject of the claim or action, regardless of the number of health care professionals, health care providers, and health care producers against whom the action or claim is brought or the number of actions or claims brought with respect to the injury. SEC. 203. JOINT AND SEVERAL LIABILITY FOR NONECONOMIC LOSSES. The liability of each defendant for noneconomic losses shall be several only and shall not be joint, and each defendant shall be liable only for the amount of noneconomic losses allocated to the defendant in direct proportion to the defendant's percentage of responsibility (as determined by the trier of fact). SEC. 204. UNIFORM STATUTE OF LIMITATIONS. (a) In General.--No medical malpractice claim or medical product liability claim may be initiated after the expiration of the 2-year period that begins on the earlier of the date which the alleged injury that is the subject of such action was discovered or the date on which such injury should reasonably have been discovered, but in no event after the expiration of the 4-year period that begins on the date the alleged injury occurred. (b) Exception for Minors.--In the case of an alleged injury suffered by a minor who has not attained 6 years of age, no medical malpractice liability claim or medical product liability claim may be brought after the expiration of the 2-year period that begins on the date the alleged injury that is the subject of the action should reasonably have been discovered, but in no event after the date on which the minor attains 10 years of age. SEC. 205. SPECIAL PROVISION FOR CERTAIN OBSTETRIC SERVICES. (a) In General.--In the case of a medical malpractice claim or medical product liability claim relating to services provided during labor or the delivery of a baby, if the defendant health care professional did not previously treat the plaintiff for the pregnancy, the trier of fact may not find that the defendant committed malpractice and may not assess damages against the defendant unless the malpractice is proven by clear and convincing evidence. (b) Applicability to Group Practices or Agreements Among Providers.--For purposes of subsection (a), a health care professional shall be considered to have previously treated an individual for a pregnancy if the professional is a member of a group practice whose members previously treated the individual for the pregnancy or is providing services to the individual during labor or the delivery of a baby pursuant to an agreement with another professional. SEC. 206. UNIFORM STANDARD FOR DETERMINING NEGLIGENCE. (a) Standard of Reasonableness.--Except as provided in subsection (b), a defendant may not be found to have committed malpractice unless the defendant's conduct at the time of providing the health care services that are the subject of the action was not reasonable. (b) Actions Brought Under Strict Liability.--Subsection (a) shall not apply to any action in which the claimant asserts that the defendant is liable under a theory of strict liability. SEC. 207. RESTRICTIONS ON PUNITIVE DAMAGES RELATING TO MEDICAL PRODUCT LIABILITY CLAIMS. (a) Restrictions for Approved Products or Devices.-- (1) In general.--Punitive damages otherwise permitted by applicable law shall not be awarded with respect to any medical product liability claim alleged against a medical product producer if-- (A) the drug or device that is the subject of such claim-- (i) was subject to approval under section 505 or premarket approval under section 515 of the Federal Food, Drug, and Cosmetic Act by the Food and Drug Administration with respect to-- (I) the safety of the formulation or performance of the aspect of the drug or device; or (II) the adequacy of the packaging or labeling of the drug or device, and (ii) was approved by the Food and Drug Administration; or (B) the drug or device is generally recognized as safe and effective pursuant to conditions established by the Food and Drug Administration and applicable regulations, including packaging and labeling regulations. (2) Exception in case of withheld information, misrepresentation, or illegal payment.--The provisions of paragraph (1) shall not apply if it is determined on the basis of clear and convincing evidence that the medical product producer-- (A) withheld from or misrepresented to the Food and Drug Administration information concerning such drug or device that is required to be submitted under the Federal Food, Drug, and Cosmetic Act or section 352 of the Public Health Service Act that is material and relevant to the action; or (B) made an illegal payment to an official of the Food and Drug Administration for the purpose of securing approval of the drug or device. (b) Separate Proceeding To Determine Punitive Damages.-- (1) Considerations.--At the request of a medical product producer in a health care liability action in which a medical product liability claim is alleged against the producer, the trier of fact shall consider in a separate proceeding-- (A) whether punitive damages are to be awarded and the amount of the award; or (B) the amount of punitive damages following a determination of punitive liability. (2) Evidence.--If a separate proceeding is requested in accordance with paragraph (1), evidence relevant only to the claim of punitive damages (as determined by applicable State law) shall be inadmissible in any proceeding to determine whether compensatory damages are to be awarded to the claimant. (c) Criteria for Determining Amount of Punitive Damages.--Subject to the limitation on punitive damages provided in section 202(e), all relevant evidence shall be considered in determining the amount of punitive damages assessed with respect to a medical product liability claim, including-- (1) the financial condition of the medical product producer; (2) the severity of the harm caused by the conduct of the medical product producer; (3) the duration of the conduct or any concealment of the conduct by the medical product producer; (4) the profitability of the conduct to the medical product producer; (5) the number of products sold by the medical product producer of the kind causing the harm complained of by the claimant; (6) awards of punitive or exemplary damages to persons similarly situated to the claimant; (7) prospective awards of compensatory damages to persons similarly situated to the claimant; (8) any criminal penalties imposed on the medical product producer as a result of the conduct complained of by the claimant; and (9) the amount of any civil fines assessed against the defendant as a result of the conduct complained of by the claimant. SEC. 208. JURISDICTION OF FEDERAL COURTS. The district courts of the United States shall not have jurisdiction of any health care liability action based on sections 1331 or 1337 of title 28, United States Code. SEC. 209. PREEMPTION. (a) In General.--This title supersedes any State law only to the extent that the State law permits the recovery by a claimant or the assessment against a defendant of a greater amount of damages, permits the awarding of a greater amount of attorneys' fees, establishes a longer period during which a medical malpractice claim or medical product liability claim may be initiated, or establishes a less strict standard of proof for determining whether a defendant has committed malpractice, than the provisions of this title. (b) Effect on Sovereign Immunity and Choice of Law or Venue.-- Nothing in this title shall be construed to-- (1) waive or affect any defense of sovereign immunity asserted by any State under any provision of law; (2) waive or affect any defense of sovereign immunity asserted by the United States; (3) affect the applicability of any provision of the Foreign Sovereign Immunities Act of 1976; (4) preempt State choice-of-law rules with respect to claims brought by a foreign nation or a citizen of a foreign nation; or (5) affect the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or of a citizen of a foreign nation on the ground in inconvenient forum. HR 1572 IH----2 HR 1572 IH----3

TABLE OF CONTENTS: Title I: Grants to States for Alternative Dispute Resolution Systems Title II: Uniform Standards for Malpractice Claims Medical Care Injury Compensation Reform Act of 1993 - Title I: Grants to States for Alternative Dispute Resolution Systems - Directs the Secretary of Health and Human Services to make grants to States for the implementation and evaluation of alternative dispute resolution (ADR) systems. Requires the Secretary to: (1) designate each State receiving such a grant as a model ADR State (making such State eligible for a two-year extension); and (2) disseminate information on the ADR systems implemented by such States to other States, health care professionals and providers, and other interested parties. Directs the Secretary to: (1) develop and promulgate standards and regulations necessary to carry out the grant program, including qualification standards that States must meet to receive grants and regulations establishing State data gathering requirements; (2) take into account, in developing qualification standards, specified factors such as the effectiveness of such systems in supporting access to health care, encouraging improvements in the quality of care, resolving claims promptly, and providing predictable outcomes; (3) provide States with technical assistance; and (4) report to the Congress, within four years of the first grant, describing and evaluating the ADR systems implemented. Title II: Uniform Standards for Malpractice Claims - Specifies that, with respect to any health care liability action brought in a Federal or State court and any medical malpractice or medical product liability claim subject to an ADR system: (1) no person may be required to pay more than $100,000 in a single payment in damages for expenses to be incurred in the future, but shall be permitted to make periodic payments; (2) the total amount of damages that may be awarded to an individual and the family members of such individual for non-economic losses may not exceed $250,000; (3) the total amount of damages received by an individual shall be reduced by any other payment that has been or will be made to the individual to compensate such individual for the injury; (4) a claimant's attorney's fees may not exceed 25 percent of the first $150,000 of any award or settlement, or 15 percent of any additional amounts, paid to the claimant; (5) the total amount of punitive damages that may be assessed may not exceed twice the total amount of the damages awarded to compensate the claimant for losses resulting from the injury; and (6) the liability of each defendant for non-economic losses shall be several only and not joint, with each defendant liable only for non-economic losses allocated to the defendant in direct proportion to the defendant's percentage of responsibility. Establishes a two-year statute of limitations for medical malpractice and product liability claims, with an exception for minors under age six. Specifies that, in the case of a medical malpractice or product liability claim relating to services provided during labor or the delivery of a baby, if the defendant health care professional did not previously treat the plaintiff for the pregnancy, the trier of fact may not find that the defendant committed malpractice and assess damages against the defendant unless the malpractice is proven by clear and convincing evidence. Bars a defendant from being found to have committed malpractice unless the defendant's conduct at the time of providing the health care services was not reasonable, except where the claimant asserts that the defendant is liable under a strict liability theory. Bars the award of punitive damages with respect to any medical product liability claim alleged against a medical product producer if the drug or device that is the subject of the claim: (1) was subject to approval or premarket approval under the Federal Food, Drug, and Cosmetic Act by the Food and Drug Administration (FDA) with respect to the safety or performance of the drug or device or the adequacy of the packaging or labeling; (2) was approved by FDA; or (3) is generally recognized as safe and effective pursuant to conditions established by FDA and applicable regulations. Makes an exception in the case of withheld information, misrepresentation, or illegal payment to an FDA official for purposes of securing approval of the drug or device.

Medical Care Injury Compensation Reform Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Deep Creek-Yampatika Ute Wilderness Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Certain areas located in the White River National Forest and the Bureau of Land Management, Glenwood Springs Resource Area, in Colorado along Deep Creek should be protected and enhanced for the benefit and enjoyment of present and future generations, including the areas making up the rugged and remote limestone gorge formed by Deep Creek on the White River Plateau of the White River National Forest in Garfield and Eagle Counties, Colorado, which have wilderness values and offer unique and valuable scenic, geological, scientific, and recreational opportunities. (2) The unique high elevation riparian areas and natural and wildlife components, enhanced by the rural western setting of the area, provide extensive opportunities for primitive recreational activities, are publicly used for hiking, cave exploration, and solitude, and are worthy of additional protection as a wilderness area. (3) Deep Creek carves a rugged and remote limestone gorge, forming a dramatic pristine canyon over 2,500 feet deep and 13 miles long. (4) The limestone strata have created ideal conditions for the formation of caves, many of which are among Colorado's most outstanding. (5) There are both absolute and conditional decreed water rights appertaining to waters upstream and downstream from the Wilderness Area. These rights are private property rights and are entitled to protection. (6) It is possible to provide for proper management and protection of the wilderness values of the Wilderness Area in ways that provide for the reasonable development of the upstream and adjacent water rights. (7) Out of respect for the native Ute people who frequented the area near Trappers Lake and the Deep Creek headwaters for centuries, the Wilderness Area shall be known as the Deep Creek-Yampatika Ute Wilderness. (8) Colorado law authorizes the Colorado Water Conservation Board to hold instream flow rights in order to protect the natural environment. Establishment and/or augmentation of such an instream flow right for Deep Creek, abandonment of existing conditional rights appertaining to waters upstream from the Wilderness Area, and/or conversion to such instream flow rights of existing absolute water rights appertaining to such waters would be beneficial to the protection of the resources and values of the Wilderness Area. (9) There are no known water resource facilities or projects, or rights-of-way or access routes serving water resource facilities or projects, within the Wilderness Area. Therefore, it is not necessary to include provisions in this Act for access, operation, routes, maintenance, or repair for water resource facilities or projects. (b) Purpose.--The purpose of this Act is to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important values of the Federal lands depicted on the Map, including wilderness, geological, natural, scientific, recreational, environmental, biological, and scenic resources of such Federal lands, by establishing the Deep Creek- Yampatika Ute Wilderness Area in the State of Colorado. SEC. 3. DEFINITIONS. In this Act: (1) Wilderness area.--The term ``Wilderness Area'' means the Deep Creek-Yampatika Ute Wilderness Area established by section 4. (2) Map.--The term ``Map'' means the map entitled ``Proposed Deep Creek-Yampatika Ute Wilderness Area'' and dated February 25, 2002. (3) Secretary.--The term ``Secretary'' means-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service, with regard to lands over which that Secretary has jurisdiction; and (B) the Secretary of the Interior, acting through the Director of the Bureau of Land Management, with regard to lands over which that Secretary has jurisdiction. SEC. 4. DEEP CREEK-YAMPATIKA UTE WILDERNESS AREA DESIGNATION. (a) In General.--In furtherance of the Wilderness Act, there is established the Deep Creek-Yampatika Ute Wilderness Area in the State of Colorado. (b) Areas Included.--The Wilderness Area shall consist of approximately 7,350 acres of Federal land as generally depicted on the Map. (c) Effective Date.-- (1) Determination.--Subsections (a) and (b) shall take effect upon a determination by the Secretary of Agriculture that-- (A) conditional water rights described in section 6(e)(3)(A)(i) have been canceled or abandoned; (B) absolute water rights described in section 6(e)(3)(A)(ii) have been conveyed to the Colorado Water Conservation Board for conversion to instream flows under Colorado law; or (C) the Colorado Water Conservation Board has made a final determination regarding whether or not instream flow levels in Deep Creek are adequate. (2) Notice.--As soon as practicable after making a determination under paragraph (1), the Secretary of Agriculture shall publish notice of that determination in the Federal Register. SEC. 5. MANAGEMENT. (a) Wilderness Area.--After making a determination under section 4(c), the Secretary, shall manage the Wilderness Area in a manner that-- (1) conserves, protects, and enhances the resources of the Wilderness Area; and (2) is in accordance with-- (A) the Wilderness Act (16 U.S.C. 1131 et seq.), except that, with respect to any wilderness areas designated by this Act, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this Act; (B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (C) other applicable law, including this Act. (b) Withdrawals.--Subject to valid existing rights, all Federal lands within the Wilderness Area are withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) the operation of the mineral leasing, mineral materials, and geothermal leasing laws, and all amendments thereto. (c) Aerial Navigation Training Exercises.-- (1) In general.--The Colorado Army National Guard, through the High Altitude ARNG Aviation Training Site, shall continue to be allowed to conduct aerial navigation training maneuver exercises over and upon the lands within the Wilderness Area in a manner consistent with the memorandum of understanding dated August 4, 1987, among the Colorado Army National Guard, the Bureau of Land Management, and the United States Forest Service as interpreted and implemented prior to the date of the enactment of this Act. (2) Review and modification of memorandum of understanding.--The memorandum of understanding referred to in paragraph (1) may be modified subject to the agreement of all parties thereto. The parties to the memorandum of understanding shall review the memorandum and associated annual operating plan not later than 180 days after the date of the enactment of this Act, and annually thereafter while the memorandum of understanding is in effect. The review shall include consideration of alternative locations over National Forest System lands and lands administered by the Bureau of Land Management outside of the Wilderness Area for the conduct of activities identified in the memorandum. If the Colorado Army National Guard identifies such an alternate location outside of the Wilderness Area that meets its aerial training needs, the memorandum of understanding shall be modified accordingly, subject to the agreement of all parties thereto. (d) Hunting and Fishing.--Nothing in this Act shall affect the authority of the Colorado Division of Wildlife to regulate hunting or fishing in the Wilderness Area. (e) Grazing.-- (1) In general.--Except as provided by paragraph (2), the Secretary shall issue and administer any grazing leases or permits in the Wilderness Area in accordance with the same laws (including regulations) and Executive orders followed by the Secretary in issuing and administering grazing leases and permits on other land under the jurisdiction of the Forest Service and Bureau of Land Management, respectively. (2) Grazing in wilderness area.-- (A) Forest service lands.--Grazing of livestock in the Wilderness Area on lands that are under the jurisdiction of the Forest Service shall be administered in accordance with the provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), in accordance with the guidelines set forth under the heading ``Grazing in National Forest Wilderness'' in House Report 96-617 of the 96th Congress. (B) BLM lands.--Grazing of livestock in the Wilderness Area on lands that are under the jurisdiction of the Bureau of Land Management shall be administered in accordance with the provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), in accordance with the guidelines set forth in Appendix A of House Report 101-405 of the 101st Congress. (f) No Buffer Zones.--Congress does not intend for the establishment of the Wilderness Area to lead to the creation of protective perimeters or buffer zones around the Wilderness Area. The fact that there may be activities or uses on lands outside the Wilderness Area that would not be allowed in the Wilderness Area shall not preclude such activities or uses on such lands up to the boundary of the Wilderness Area consistent with other applicable laws. SEC. 6. WATER RIGHTS AND MANAGEMENT. (a) Definition.--As used in this section, the term ``water resource facility'' means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects and transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. (b) Restrictions on Rights and Disclaimer of Effect.-- (1) Restrictions on rights.--Neither the Secretary of Agriculture nor the Secretary of the Interior, nor any other officer, employee, representative, or agent of the United States, nor any other person, shall assert in any court or agency, nor shall any court or agency consider, any claim to or for water or water rights in the State of Colorado, which is based on any construction of any portion of this Act, or the designation of any lands as wilderness by this Act, as constituting an express or implied reservation of water or water rights. (2) Disclaimer of effect.--(A) Nothing in this Act shall-- (i) be construed as a recognition, disclaimer, relinquishment, or reduction of any water rights of the United States in the State of Colorado existing before the date of the enactment of this Act; or (ii) be construed as constituting an interpretation of any other Act or any designation made by or pursuant thereto. (B) Nothing in this section shall be construed as establishing a precedent with regard to any future wilderness designations. (c) New or Expanded Projects.--Notwithstanding any other provision of law, on and after the date of the enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within lands designated wilderness pursuant to this Act. (d) Interstate Compacts.--Nothing in this Act, and nothing in any previous Act designating any lands as wilderness, shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State of Colorado and other States. Except as expressly provided in this section, nothing in this Act shall affect or limit the development or use by existing and future holders of vested water rights of Colorado's full apportionment of such waters. (e) Stream Flows.-- (1) Recommendations.--The Secretary of Agriculture shall consult with the Colorado Water Conservation Board regarding instream flow protection recommendations on Deep Creek within the Wilderness Area and shall do so in accordance with Colorado law and in consultation with interested parties and local elected officials. (2) Restatement of current law.--As provided by Federal and Colorado State law, the Secretary may continue to enter into enforcement agreements with the Colorado Water Conservation Board for monitoring and protecting instream flows. (3) Grants for compensation relating to water rights.-- (A) In general.--The Secretary of Agriculture may make a grant to the Department of Natural Resources of the State of Colorado for the following purposes: (i) Conditional water rights.--Compensating willing parties for canceling or otherwise abandoning conditional water rights within or upstream of the Wilderness Area which would protect the natural environment within the Wilderness Area. (ii) Absolute water rights.--Compensating willing parties for conveying absolute water rights within or upstream of the Wilderness Area to the Colorado Water Conservation Board for conversion to instream flows under Colorado law. (B) Enforceable agreement.--Compensation under clauses (i) and (ii) of subparagraph (A) shall be given pursuant to an enforceable agreement between the Department of Natural Resources of the State of Colorado and the willing party setting out the fair market value for the conditional water rights to be canceled or abandoned, or the absolute water rights to be conveyed, as applicable. The fair market value shall be determined by an independent appraisal, performed by an appraiser to be mutually agreed upon by the Secretary of Agriculture, the Department of Natural Resources of the State of Colorado, and the willing party. (C) Authorization of appropriations.--There is authorized to be appropriated for the purposes of this paragraph $300,000. SEC. 7. MAP AND LEGAL DESCRIPTION. (a) In General.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to Congress a copy of the Map and a legal description of the Wilderness Area. (b) Force and Effect.--The Map and legal description 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 the legal description. (c) Public Availability.--Copies of the Map and the legal description shall be on file and available for public inspection in the following: (1) The Office of the Director of the Bureau of Land Management. (2) The Office of the Chief of the Forest Service. (3) The Office of the State Director of the Bureau of Land Management in Colorado and the Glenwood Springs Resource area Office in Glenwood Springs, Colorado. (4) The Office of the Regional Forester of the Forest Service in Colorado, and of the White River National Forest, Forest Ranger Office in Glenwood Springs, Colorado. (d) Map Controlling.--In the case of a discrepancy between the Map and the descriptions, the Map shall control. SEC. 8. WILDERNESS POTENTIAL. Nothing in the Act shall preclude or restrict the authority of the Secretary to evaluate the suitability of roadless and unroaded areas adjacent to the Wilderness Area for inclusion in the National Wilderness Preservation System or to make recommendations to Congress for such inclusions.

Deep Creek-Yampatika Ute Wilderness Act - Establishes the Deep Creek Ute Wilderness Area in Colorado. Directs the Secretaries of the Interior and Agriculture to manage such lands in accordance with the Wilderness Act and the Federal Land Policy and Management Act of 1976.Sets forth administrative provisions regarding: (1) withdrawal of such lands from further entry or appropriation under public land, mining, or mineral leasing laws; and (2) use of such lands for navigation training exercises by the Colorado Army National Guard, hunting and fishing, and livestock grazing.Prohibits the development of any new water resource facility. Directs the Secretary of Agriculture to consult with the Colorado Water Conservation Board regarding instream flow protection recommendations. Authorizes the Secretary to make grants to the Colorado Department of Natural Resources for compensating willing parties for any water rights within or upstream of the Wilderness Area.Authorizes the evaluation of adjacent areas for inclusion in the National Wilderness Preservation System.

To establish the Deep Creek Wilderness Area, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hire Our Heroes to Protect Our Schools Act of 2018''. SEC. 2. FINDINGS. Congress finds as follows: (1) According to 2016 data compiled by the U.S. Department of Education, Office for Civil Rights, only 24 percent of elementary schools and 42 percent of high schools nationwide have school resource officers. (2) The absence of school resource officers in many cases has been attributed to the lack of financial resources or the availability of trained police officers to fulfill the role of school resource officers. (3) No one is better trained and better equipped to handle a potential school shooting situation, and therefore serve as a school resource officer, than our Nation's men and women in law enforcement, including retired officers and veterans. (4) In many cases, police officers and veterans retire in their early fifties, while they still have a number of years where they can provide a valuable service to our schools and communities by serving as a school resources officer. (5) Placing highly trained and professional retired police officers and veterans in our schools as school resource officers is one of the easiest ways to bolster school security, and it can be achieved almost immediately. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that school systems should make greater efforts to hire retired police officers and veterans to be school resource officers. SEC. 4. GRANT PROGRAM FOR SCHOOL SECURITY. Part AA of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10551 et seq.) is amended-- (1) in section 2701 (34 U.S.C. 10551)-- (A) in subsection (a)-- (i) by striking ``Director of the Office of Community Oriented Policing Services'' and inserting ``Director of the Bureau of Justice Assistance''; and (ii) by striking ``including the placement and use of metal detectors and other deterrent measures'' and inserting ``through evidence- based training and technical assistance to prevent violence and through the use of appropriate technologies, including the placement and use of metal detectors and other deterrent measures and emergency notification and response technologies''; (B) in subsection (b)-- (i) by redesignating paragraphs (5) and (6) as paragraphs (10) and (11), respectively; (ii) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively, and by inserting before paragraph (2) the following: ``(1) Assignment of additional school resource officers (as such term is defined in part Q), with priority in making such assignments given to law enforcement officers who are veterans (as such term is defined in section 101(2) of title 38, United States Code) or retired law enforcement officers who have returned to service.''; (iii) in paragraph (5), as so redesignated-- (I) by striking ``crisis'' and inserting ``school threat assessment and''; and (II) by inserting ``and school personnel,'' after ``law enforcement agencies''; and (iv) by inserting after paragraph (5), as so redesignated, the following: ``(6) Training to prevent student violence against others and self, including training for local law enforcement officers, school personnel, and students. ``(7) The development and operation of anonymous reporting systems for threats of school violence, including mobile telephone applications, hotlines, and internet websites. ``(8) Subgrants to State or local law enforcement agencies, schools, school districts, nonprofit organizations, or Indian tribal organizations to implement grants awarded under this section. ``(9) Acquisition and installation of technology for expedited notification of local law enforcement during an emergency.''; (C) in subsection (c)-- (i) by striking ``and has'' and inserting ``has''; and (ii) by inserting before the period at the end the following: ``, and will use evidence- based strategies and programs, such as those identified by the Comprehensive School Safety Initiative of the Department of Justice''; and (D) in subsection (d)(1), by striking ``50 percent'' and inserting ``75 percent''; (2) in section 2702 (34 U.S.C. 10552)-- (A) in subsection (a)(2), in the matter preceding subparagraph (A), by striking ``child psychologists'' and inserting ``mental health professionals''; and (B) in subsection (b), by striking ``this part'' and inserting ``the Hire Our Heroes to Protect Our Schools Act of 2018''; (3) in section 2704(1) (34 U.S.C. 10554(1)), by striking ``a public'' and inserting ``an''; and (4) in section 2705-- (A) by striking ``$30,000,000'' and inserting ``$100,000,000''; and (B) by striking ``2001 through 2009'' and inserting ``2019 through 2024''.

Hire Our Heroes to Protect Our Schools Act of 2018 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise and reauthorize through FY2024 the Secure Our Schools grant program. This grant program provides grants to states, local governments, and Indian tribes to improve security, including the placement and use of metal detectors and other deterrent measures, at schools and on school grounds.

Hire Our Heroes to Protect Our Schools Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firefighters Special Operation Task Force Act''. SEC. 2. GRANTS FOR FIREFIGHTING TASK FORCES. The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by adding at the end the following new section: ``SEC. 37. ASSISTANCE FOR FIREFIGHTING TASK FORCES. ``(a) Definitions.--In this section: ``(1) Critical infrastructure.--The term `critical infrastructure' has the meaning given that term in section 1016(e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c(e)). ``(2) Firefighting personnel.--The term `firefighting personnel' has the meaning given that term in section 33(a). ``(3) Incident response.--The term `incident response' means a response by a task force or task force unit to-- ``(A) a terrorist attack, including such an attack that utilizes a weapon of mass destruction; ``(B) a release of a hazardous material; ``(C) a natural disaster; or ``(D) any other emergency for which a response by a fire service is appropriate. ``(4) Member.--The term `member', with respect to a task force, means a fire service that is a party to the cooperative agreement establishing the task force. ``(5) Task force.--The term `task force' means not less than 2 fire services operating pursuant to a cooperative agreement for the purpose of coordinating incident response among such fire services within a geographic area. ``(b) Authority.--The Administrator is authorized-- ``(1) to award grants to a task force for the purposes set out in subsection (c); ``(2) if multiple task forces are formed in a metropolitan area that has a population of more than 1,000,000, to award more than one such grant for such metropolitan area; and ``(3) to award such grants to not more than 100 task forces in the United States. ``(c) Purposes.--A grant awarded to a task force under this section shall be used-- ``(1) to provide salary and benefits to hire firefighting personnel or rehire firefighting personnel who have been laid off to provide services to the task force, including salary and benefits during a fiscal year for not more than-- ``(A) 2 individuals to serve as chief officers; ``(B) 2 individuals to serve as captains; ``(C) 2 individuals to serve as lieutenants; and ``(D) 120 other firefighting personnel; ``(2) to pay expenses related to the participation of firefighting personnel in appropriate training courses offered by the Department of Homeland Security, the National Fire Academy, or a State or local fire academy; ``(3) to provide training related to incident response to firefighting personnel; ``(4) to obtain appropriate equipment, including firefighting vehicles, or support systems for members of the task force; or ``(5) to improve the ability of a member of a task force to communicate with a local police department or hospital. ``(d) Application.--Each task force desiring assistance under this section shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may reasonably require. ``(e) Selection.-- ``(1) In general.--The Administrator shall select each task force to receive assistance under this section. ``(2) Priority.--In selecting a task force to receive assistance under this section, the Administrator shall give priority to task forces that serve a geographic area that is located not more than 50 miles from-- ``(A) a facility that produces nuclear power; ``(B) a large facility that produces, treats, or refines chemicals or petroleum products; ``(C) a business district of national significance; or ``(D) a location with one or more critical infrastructures. ``(f) Matching Requirement.--The Administrator may provide assistance to a task force under this section during a fiscal year only if the task force agrees to provide, for each such fiscal year, an amount of non-Federal funds that is not less than 55 percent of the amount of such assistance provided by the Administrator to the task force for such fiscal year. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator to carry out this section the following amounts: ``(1) $1,500,000,000 for fiscal year 2006. ``(2) $1,000,000,000 for each of the fiscal years 2007 through 2015.''.

Firefighters Special Operation Task Force Act - Amends the Federal Fire Prevention and Control Act of 1974 to authorize the Administrator of the U.S. Fire Administration to award grants to a task force (two or more fire services operating under a cooperative agreement to coordinate incident response within a geographic area) for: (1) salary and benefits to hire or rehire firefighting personnel to provide services to the task force; (2) expenses related to the participation of firefighting personnel in appropriate training courses offered by the Department of Homeland Security, the National Fire Academy, or a State or local fire academy; (3) training related to incident response; (4) appropriate equipment or support systems for task force members; or (5) improved communications between task force members and a local police department or hospital. Requires the Administrator, in selecting grantees, to give priority to task forces serving geographic areas within 50 miles of: (1) a nuclear power facility; (2) a large facility that produces, treats, or refines chemicals or petroleum products; (3) a business district of national significance; or (4) a location with one or more critical infrastructures. Requires grantees to provide non-Federal matching funds of at least 55 percent of the amount awarded by the Administrator for each fiscal year.

A bill to amend the Federal Fire Prevention and Control Act of 1974 to authorize the Administrator of the United States Fire Administration to provide assistance to firefighting task forces, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Colonia Assistance Authorization Act of 1993''. SEC. 2. PURPOSE. The purpose of this Act is to protect the economy, public health, environment, and water quality of the United States-Mexico border area that is endangered and is being polluted by raw or partially treated sewage, effluent, and other pollutants. SEC. 3. DEFINITIONS. As used in this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Border state.--The term ``border State'' means each of the following States: (A) Arizona. (B) California. (C) New Mexico. (D) Texas. (3) Construction.--The term ``construction'' has the meaning provided the term under section 212(1) of the Federal Water Pollution Control Act (33 U.S.C. 1292(1)). (4) Eligible community.--The term ``eligible community'' means a low-income community commonly referred to as a colonia that is located in the United States-Mexico border area (generally in an unincorporated area) and that lacks basic sanitation facilities such as safe drinking water, household plumbing, and a proper sewage disposal system. (5) Treatment works.--The term ``treatment works'' has the meaning provided the term under section 212(2) of the Federal Water Pollution Control Act (33 U.S.C. 1292(2)). SEC. 4. TRANSFERS AND GRANTS TO ALLEVIATE HEALTH RISK. (a) In General.-- (1) Assistance.--The Administrator is authorized to transfer funds to another Federal agency or award grants to any other appropriate entity or border State, designated by the President, to provide assistance to eligible communities for-- (A) the conservation, development, use, and control of water (including the extension or improvement of a water supply system); and (B) the construction or improvement of sewers, wastewater treatment works, and essential community facilities (including necessary related equipment). (2) Use of funds.--Each transfer of funds, and each grant awarded, pursuant to paragraph (1) shall be used to provide assistance to 1 (or more) eligible community with respect to which the residents are subject to a significant health risk (as determined by the Administrator) because a significant proportion of the residents of the eligible community do not have access to, or service by, an adequate and affordable-- (A) water supply system; or (B) treatment works for wastewater treatment. (b) Operation and Maintenance.--To carry out the purpose referred to in section 2, the Administrator and the head of each other Federal agency, entity, or border State, designated by the President pursuant to subsection (a)(1), are each authorized to operate and maintain a treatment works or other project that is constructed with funds made available pursuant to subsection (a). (c) Approval of Plans.-- (1) Plans and specifications.--Each treatment works or other project that is funded by a transfer or a grant made pursuant to subsection (a)(1) shall be constructed in accordance with plans and specifications developed by the Administrator or the head of another Federal agency or the appropriate official of an entity or border State designated by the President under subsection (a), in consultation with the appropriate official of the affected border State. (2) Approval by the administrator.--As a condition of carrying out the construction of a treatment works or other project referred in paragraph (1), the head of the Federal agency or appropriate official of an entity or border State shall submit the plans and specifications referred to in paragraph (1) to the Administrator for approval. (3) Standards for construction.--The Administrator may approve a plan referred to in paragraph (2) if the Administrator determines that the treatment works or other project that is the subject of the plan meets the standards that would apply to the treatment works or other project if the treatment works or other project were constructed under appropriate standards under the laws of the United States and Mexico under applicable treaties and international agreements. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Environmental Protection Agency to carry out this Act such sums as may be necessary for fiscal year 1994, and for each fiscal year thereafter.

Colonia Assistance Authorization Act of 1993 - Authorizes the Administrator of the Environmental Protection Agency to transfer funds to another Federal agency or award grants to any appropriate entity or border State (Arizona, California, New Mexico, or Texas) to provide assistance to low-income communities in such areas that lack basic sanitation facilities for: (1) the conservation, development, use, and control of water; and (2) the construction or improvement of sewers, wastewater treatment works, and essential community facilities. Requires such funds to be used in communities subject to a significant health risk due to lack of access to a water supply system and wastewater treatment works. Authorizes appropriations.

Colonia Assistance Authorization Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``War Crimes Accountability Act of 2012''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States should actively encourage prosecution of war crimes suspects and Nazi war criminals; (2) the Simon Wiesenthal Center should be commended for its historic work in bringing to light the atrocities of the Holocaust and in advancing justice for Nazi war criminals through Operation: Last Chance; (3) the pursuit and prosecution of war crimes suspects and Nazi war criminals--from the crimes of the Nazi era to the most recent conflicts in Sudan--is critical to maintenance of the rule of law globally; and (4) pursuit of war crimes suspects includes enforcement of an arrest warrant issued by an international tribunal against war crimes suspects indicted by such international tribunal, including war crimes suspects visiting a foreign country. SEC. 3. IDENTIFICATION OF COUNTRIES FAILING TO COOPERATE SATISFACTORILY WITH RELEVANT JURISDICTIONS IN EXTRADITING OR DEPORTING WAR CRIMES SUSPECTS OR NAZI WAR CRIMINALS. (a) Report.--The President shall submit to Congress for each of fiscal years 2013 through 2017 a report that identifies each country that is failing to-- (1) cooperate satisfactorily with relevant jurisdictions in extraditing or deporting war crimes suspects or Nazi war criminals to the jurisdiction in which such war crimes suspects or Nazi war criminals, as the case may be, have been indicted or convicted; (2) enforce arrest warrants issued by an international tribunal against war crimes suspects indicted by such international tribunal, including war crimes suspects visiting a foreign country; (3) accept Nazi war criminals deported from the United States; or (4) effectively prosecute war crimes suspects or Nazi war criminals within such country's jurisdiction, including Nazi war criminals who resided in the United States and were deported from or extradited by the United States or left the United States voluntarily. (b) Matters To Be Included.--Each such report shall include detailed information regarding the war crimes suspects and Nazi war criminals described in subsection (a). (c) Form.--Each such report, and the identification of each country in such report, shall be submitted in an unclassified form, but may contain a classified annex if necessary. SEC. 4. PROHIBITION ON GOVERNMENT-TO-GOVERNMENT SALES OF DEFENSE ARTICLES UNDER THE ARMS EXPORT CONTROL ACT TO COUNTRIES IDENTIFIED UNDER SECTION 3. (a) Prohibition.--For each country identified in the report under section 3 for a fiscal year, the President may not issue a letter of offer to sell defense articles under the Arms Export Control Act (22 U.S.C. 2751 et seq.) for $7,000,000 or more to such country for the subsequent fiscal year pursuant to section 36(b) of such Act (22 U.S.C. 2776(b)). (b) Waiver.--The President may waive the prohibition in subsection (a) for any fiscal year in which a letter of offer may be issued by the United States Government if the President determines and certifies to Congress that it is in the national security interest of the United States to do so. SEC. 5. DEFINITIONS. In this Act: (1) Nazi war criminal.--The term ``Nazi war criminal'' means any person accused of or indicted for ordering, inciting, assisting, or otherwise participating in the persecution of any person because of race, religion, national origin, or political opinion during the period beginning on March 23, 1933, and ending on May 8, 1945, under the direction of, or in association with-- (A) the Nazi government of Germany; (B) any government in any area occupied by the military forces of the Nazi government of Germany; (C) any government established with the assistance or cooperation of the Nazi government of Germany; or (D) any government which was an ally of the Nazi government of Germany. (2) War crimes suspect.--The term ``war crimes suspect'' means any person accused by an international tribunal of planning, ordering, assisting, aiding and abetting, committing, or otherwise participating in, including through command responsibility, war crimes, crimes against humanity, genocide or other serious violations of human rights, or who attempted or conspired to do so. SEC. 6. EFFECTIVE DATE. This Act shall take effect on the date that is 90 days after the date of the enactment of this Act.

War Crimes Accountability Act of 2012 - Directs the President to submit a report to Congress for each of FY2013-FY2017 that identifies each country that is failing to: (1) cooperate with relevant jurisdictions in extraditing or deporting war crimes suspects or Nazi war criminals to the appropriate jurisdiction; (2) enforce arrest warrants issued by an international tribunal against war crimes suspects; (3) accept Nazi war criminals deported from the United States; or (4) effectively prosecute war crimes suspects or Nazi war criminals within such country's jurisdiction, including Nazi war criminals who resided in the United States and were deported from or extradited by the United States or left the United States voluntarily. Prohibits the President from issuing a letter of offer to sell defense articles under the Arms Export Control Act for $7 million or more to a country so identified. Authorizes the President to waive such prohibition if in the U.S. national security interest.

To hold war crimes suspects and Nazi war criminals accountable by encouraging foreign governments to more efficiently prosecute, extradite, deport, or accept for deportation such war crimes suspects and Nazi war criminals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Tenants at Foreclosure Act of 2009''. SEC. 2. EFFECT OF FORECLOSURE ON EXISTING TENANCY. (a) In General.--In the case of any foreclosure on any dwelling or residential real property, any immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to-- (1) the provision, by such successor in interest, of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice; and (2) the rights of any bona fide tenant, as of the date of such notice of foreclosure-- (A) under any bona fide lease entered into before the notice of foreclosure to occupy the premises until the end of the remaining term of the lease, except that a successor in interest may terminate a lease effective on the date of sale of the unit to a purchaser who will occupy the unit as a primary residence, subject to the receipt by the tenant of the 90 day notice under paragraph (1); or (B) without a lease or with a lease terminable at will under State law, subject to the receipt by the tenant of the 90 day notice under subsection (1), except that nothing under this section shall affect the requirements for termination of any Federal- or State- subsidized tenancy or of any State or local law that provides longer time periods or other additional protections for tenants. (b) Bona Fide Lease or Tenancy.--For purposes of this section, a lease or tenancy shall be considered bona fide only if-- (1) the mortgagor under the contract is not the tenant; (2) the lease or tenancy was the result of an arms-length transaction; and (3) the lease or tenancy requires the receipt of rent that is not substantially less than fair market rent for the property. SEC. 3. EFFECT OF FORECLOSURE ON SECTION 8 TENANCIES. Paragraph (7) of section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(7)) is amended-- (1) in subparagraph (C), by inserting before the semicolon at the end the following: ``, and in the case of an owner who is an immediate successor in interest pursuant to foreclosure-- ``(i) during the initial term of the tenant's lease having the property vacant prior to sale shall not constitute good cause; and ``(ii) in subsequent lease terms, having the property vacant prior to sale may constitute good cause if the property is unmarketable while occupied, or if such owner will occupy the unit as a primary residence''; (2) in subparagraph (E), by striking ``and'' at the end; (3) by redesignating subparagraph (F) as subparagraph (G); and (4) by inserting after subparagraph (E) the following: ``(F) shall provide that in the case of any foreclosure on any residential real property in which a recipient of assistance under this subsection resides, the immediate successor in interest in such property pursuant to the foreclosure shall assume such interest subject to the lease between the prior owner and the tenant and to the housing assistance payments contract between the prior owner and the public housing agency for the occupied unit; if a public housing agency is unable to make payments under the contract to the immediate successor in interest after foreclosure, due to action or inaction by the successor in interest, including the rejection of payments or the failure of the successor to maintain the unit in compliance with paragraph (8) or an inability to identify the successor, the agency may use funds that would have been used to pay the rental amount on behalf of the family-- ``(i) to pay for utilities that are the responsibility of the owner under the lease or applicable law, after taking reasonable steps to notify the owner that it intends to make payments to a utility provider in lieu of payments to the owner, except prior notification shall not be required in any case in which the unit will be or has been rendered uninhabitable due to the termination or threat of termination of service, in which case the public housing agency shall notify the owner within a reasonable time after making such payment; or ``(ii) for the family's reasonable moving costs, including security deposit costs; except that this subparagraph and the provisions related to foreclosure in subparagraph (C) shall not affect any State or local law that provides longer time periods or other additional protections for tenants.''.

Protecting Tenants at Foreclosure Act of 2009 - States that any immediate successor in interest to residential property in foreclosure assumes such interest subject to: (1) giving an existing tenant at least 90-day notice to vacate; and (2) specified rights of such tenant to occupy the premises until the end of the lease. Amends the United States Housing Act of 1937 to require a housing assistance payment contract to provide that in the case of an owner who is an immediate successor in interest pursuant to foreclosure: (1) during the initial term of the lease vacating the property prior to sale shall not constitute other good cause for termination of the lease; but (2) in subsequent lease terms vacating the property prior to sale may constitute good cause if the property is unmarketable while occupied, or if such owner will occupy the unit as a primary residence. Authorizes: (1) a housing assistance payment contract entered into by the public housing agency and the owner of a dwelling unit to provide that the immediate successor in interest to property in foreclosure in which a housing assistance recipient resides assumes such interest subject to the lease between the prior owner and the tenant, and subject to the housing assistance payments contract between the prior owner and the public housing agency for the occupied unit; and (2) the public housing agency, where the successor owner cannot be identified, to use rental funds to pay for the property's utilities if owed by the owner or for reasonable moving costs, including security deposits.

To protect the interests of bona fide tenants in the case of any foreclosure on any dwelling or residential real property, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Against Indebting our Descendants through Fully Offset Relief (PAID FOR) Temporary Extension Act of 2010''. SEC. 2. EXTENSION OF UNEMPLOYMENT INSURANCE PROVISIONS. (a) In General.--(1) Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (A) by striking ``June 2, 2010'' each place it appears and inserting ``July 7, 2010''; (B) in the heading for subsection (b)(2), by striking ``june 2, 2010'' and inserting ``july 7, 2010''; and (C) in subsection (b)(3), by striking ``November 6, 2010'' and inserting ``December 11, 2010''. (2) Section 2002(e) of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 438), is amended-- (A) in paragraph (1)(B), by striking ``June 2, 2010'' and inserting ``July 7, 2010''; (B) in the heading for paragraph (2), by striking ``june 2, 2010'' and inserting ``july 7, 2010''; and (C) in paragraph (3), by striking ``December 7, 2010'' and inserting ``January 11, 2011''. (3) Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended-- (A) by striking ``June 2, 2010'' each place it appears and inserting ``July 7, 2010''; and (B) in subsection (c), by striking ``November 6, 2010'' and inserting ``December 11, 2010''. (4) Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking ``November 6, 2010'' and inserting ``December 11, 2010''. (b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; and (2) by inserting after subparagraph (E) the following: ``(F) the amendments made by section 2(a)(1) of the Protecting Against Indebting our Descendants through Fully Offset Relief (PAID FOR) Temporary Extension Act of 2010; and''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Continuing Extension Act of 2010 (Public Law 111-157). SEC. 3. EXTENSION AND IMPROVEMENT OF PREMIUM ASSISTANCE FOR COBRA BENEFITS. (a) Extension of Eligibility Period.--Subsection (a)(3)(A) of section 3001 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), as amended by section 3(a) of the Continuing Extension Act of 2010 (Public Law 111-157), is amended by striking ``May 31, 2010'' and inserting ``June 30, 2010''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the provisions of section 3001 of division B of the American Recovery and Reinvestment Act of 2009. SEC. 4. INCREASE IN THE MEDICARE PHYSICIAN PAYMENT UPDATE. Paragraph (10) of section 1848(d) of the Social Security Act, as added by section 1011(a) of the Department of Defense Appropriations Act, 2010 (Public Law 111-118) and as amended by section 5 of the Temporary Extension Act of 2010 (Public Law 111-144) and section 4 of the Continuing Extension Act of 2010 (Public Law 111-157), is amended-- (1) in subparagraph (A), by striking ``May 31, 2010'' and inserting ``June 30, 2010''; and (2) in subparagraph (B), by striking ``June 1, 2010'' and inserting ``July 1, 2010''. SEC. 5. EXTENSION OF USE OF 2009 POVERTY GUIDELINES. Section 1012 of the Department of Defense Appropriations Act, 2010 (Public Law 111-118), as amended by section 6 of the Continuing Extension Act of 2010 (Public Law 111-157), is amended by striking ``May 31, 2010'' and inserting ``June 30, 2010''. SEC. 6. EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM. (a) Extension.--Section 129 of the Continuing Appropriations Resolution, 2010 (Public Law 111-68), as amended by section 7 of the Continuing Extension Act of 2010 (Public Law 111-157), is amended by striking ``by substituting'' and all that follows through the period at the end and inserting ``by substituting June 30, 2010, for the date specified in each such section.''. (b) Effective Date.--The amendments made by subsection (a) shall be considered to have taken effect on February 28, 2010. SEC. 7. EXTENSION OF SMALL BUSINESS LOAN GUARANTEE PROGRAM. (a) Appropriation.--There is appropriated, out of any funds in the Treasury not otherwise appropriated, $60,000,000, for an additional amount for ``Small Business Administration--Business Loans Program Account'', to remain available until expended, for the cost of fee reductions and eliminations under section 501 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 151) and loan guarantees under section 502 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 152), as amended by this section: Provided, That such costs shall be as defined in section 502 of the Congressional Budget Act of 1974. (b) Extension of Sunset Date.--Section 502(f) of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 153) is amended by striking ``May 31, 2010'' and inserting ``June 30, 2010''. SEC. 8. USE OF STIMULUS FUNDS TO OFFSET SPENDING. The unobligated balance of each amount appropriated or made available under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) (other than under title X of division A of such Act) is rescinded pro rata such that the aggregate amount of such rescissions equals $13,000,000,000 in order to offset the net increase in spending resulting from the provisions of, and amendments made by, sections 2 through 7. The Director of the Office of Management and Budget shall report to each congressional committee the amounts so rescinded within the jurisdiction of such committee. SEC. 9. DETERMINATION OF BUDGETARY EFFECTS. (a) In General.--The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. (b) Emergency Designation for Congressional Enforcement.--In the House of Representatives, this Act, with the exception of section 4, is designated as an emergency for purposes of pay-as-you-go principles. In the Senate, this Act is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. (c) Emergency Designation for Statutory PAYGO.--This Act, with the exception of section 4, is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)).

Protecting Against Indebting our Descendants through Fully Offset Relief (PAID FOR) Temporary Extension Act of 2010 - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the final date for entering a federal-state agreement under the Emergency Unemployment Compensation (EUC) program through July 7, 2010. Postpones the termination of the program until December 11, 2010. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until July 7, 2010: (1) federal-state agreements increasing regular unemployment compensation payments to individuals; and (2) requirements that federal payments to states cover 100% of EUC. Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and December 11, 2010, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.) Amends the American Recovery and Reinvestment Act of 2009 (ARRA) to extend through June 30, 2010, premium assistance for COBRA (health insurance continuation benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985) benefits. Amends title XVIII (Medicare) of the Social Security Act to extend through June 30, 2010, the 0% update to the conversion factor in the Medicare physican payment computation. Amends the Department of Defense Appropriations Act, 2010 to extend the use of 2009 poverty guidelines through June 30, 2010. Prohibits the Secretary of Health and Human Services (HHS) from publishing updated poverty guidelines for 2010 until after such date. Amends the Continuing Appropriations Resolution, 2010 to extend through June 30, 2010, the national flood insurance program. Amends the ARRA to extend through June 30, 2010, the small business loan guarantee program. Makes appropriations for the program as well as for the cost of certain loan guarantee fee reductions and eliminations. Rescinds pro rata the unobligated balance of each amount appropriated or made available under ARRA (except under title X: Military Construction and Veterans Affairs of division A), so that the aggregate amount of such rescissions equals $13 billion to offset the net increase in spending resulting from this Act.

A bill to provide a temporary extension of certain programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Timely Review and Increased Access to Affordable Drugs Act''. SEC. 2. 30-MONTH STAY-OF-EFFECTIVENESS PERIOD. (a) In General.--Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended-- (1) in paragraph (2)(A)(vii)-- (A) by striking ``a certification, the opinion of the applicant and to the best of his knowledge,'' and inserting ``a certification that, in the opinion of and to the best knowledge of the applicant,''; and (B) by inserting after ``each patent'' the following: ``published by the Secretary under subsection (c)(2) at least 1 day before the date on which the application is filed''; and (2) in paragraph (5)-- (A) in subparagraph (B)(iii)-- (i) by inserting after ``of a patent'' the following: ``published by the Secretary under subsection (c)(2) at least 1 day before the date on which the application is filed''; (ii) by striking ``paragraph (2)(B)(i)'' each place it appears and inserting ``(2)(B)''; and (iii) by adding at the end the following: ``If, in connection with an application for approval of a drug under this subsection, the applicant provides an owner of a patent notice under paragraph (2)(B) with respect to the patent, and the owner of the patent fails to bring a civil action against the applicant for infringement of the patent on or before the date that is 45 days after the date on which the notice is received, the owner of the patent shall be barred from bringing a civil action against the applicant with respect to the application.''; (B) by redesignating subparagraphs (C) and (D) as subparagraphs (E) and (F), respectively; and (C) by inserting after subparagraph (B) the following: ``(C) Availability of 30-month period.-- ``(i) In general.--The 30-month period provided under subparagraph (B)(iii) shall be available only with respect to patents published by the Secretary under subsection (c)(2) at least 1 day before the date on which the application is filed. ``(ii) Amendment of application.--If an application is amended to include a certification described in paragraph (2)(A)(vii)(IV), the 30-month period provided under subparagraph (B)(iii) shall be available with respect to the patent concerning which the certification was made. ``(iii) Subsequent patents.-- ``(I) Separate application.--Any patent published by the Secretary under subsection (c)(2) subsequent to the filing date but before approval of an application under this paragraph shall be addressed in a subsequent application if the subsequent applicant makes a certification described in subparagraph (2)(A)(vii)(IV) with respect to the patent, in which case the 30-month period provided under subparagraph (B)(iii) shall be available to the subsequently published patent. ``(II) Referencing information in the previous application.--If a subsequent application is filed, the Secretary shall permit the applicant, to the extent that the Secretary determines it to be appropriate, to reference information submitted in the previous application.''. (b) Conforming Amendments.--Section 505A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355a) is amended-- (1) in subsections (b)(1)(A)(i) and (c)(1)(A)(i), by striking ``(j)(5)(D)(ii)'' each place it appears and inserting ``(j)(5)(F)(ii)''; (2) in subsections (b)(1)(A)(ii) and (c)(1)(A)(ii), by striking ``(j)(5)(D)'' each place it appears and inserting ``(j)(5)(F)''; and (3) in subsections (e) and (l), by striking ``505(j)(5)(D)'' each place it appears and inserting ``505(j)(5)(F)''. SEC. 3. FORFEITURE OF 180-DAY EXCLUSIVITY PERIOD. Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)) (as amended by section 2) is amended-- (1) in subparagraph (B)(iv), by striking subclause (II) and inserting the following: ``(II) the earlier of-- ``(aa) the date of a final decision of a court in a civil action described in clause (iii) from which no appeal has been or can be taken; or ``(bb) the date of a settlement order or consent decree signed by a Federal judge that enters a final judgment and includes a finding that the patent that is the subject of the certification is invalid or not otherwise infringed;''; and (2) by inserting after subparagraph (C) the following: ``(D) Forfeiture of 180-day exclusivity period.-- ``(i) In general.--The 180-day exclusivity period described in subparagraph (B)(iv) shall be forfeited if the applicant-- ``(I) fails to market the drug within 30 days after the date on which the approval of the application for the drug is made effective under subparagraph (B)(iii); ``(II) fails to market the drug-- ``(aa) within 30 days after the date of a final decision of a court or the date of a settlement order or consent decree in a civil action described in subparagraph (B)(iii); or ``(bb) if the application has not been approved before the date of such a decision, within 30 days after the date of approval of the application; ``(III) withdraws the application; ``(IV) amends the application from a certification under paragraph (2)(A)(vii)(IV) to a certification under paragraph (2)(A)(vii)(III); ``(V) fails to get tentative approval of the application within 30 months after the date on which the application is filed, if the failure is not caused by a change in the requirements for tentative approval of the application imposed after the date on which the application is filed; or ``(VI) enters into an agreement with the owner of the patent-- ``(aa) that is the subject of the certification under paragraph (2)(A)(vii)(IV); and ``(bb) that the Federal Trade Commission determines has violated the antitrust laws (as defined in section 1 of the Clayton Act (15 U.S.C. 12), except that the term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that that section applies to unfair methods of competition). ``(ii) Subsequent applicant.--If an applicant forfeits the 180-day exclusivity period under clause (i)-- ``(I) a subsequent application containing a certification period described in paragraph (2)(A)(vii)(IV) shall become effective immediately on approval; and ``(II) the subsequent applicant shall not be eligible for a 180-day exclusivity period under subparagraph (B)(iv).''. SEC. 4. BIOEQUIVALENCE. (a) In General.--The amendments to part 320 of title 21, Code of Federal Regulations, promulgated by the Commissioner of Food and Drugs on July 17, 1991 (57 Fed. Reg. 17997 (April 28, 1992)), shall continue in effect as an exercise of authorities under sections 501, 502, 505, and 701 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351, 352, 355, 371). (b) Effect.--Subsection (a) does not affect the authority of the Commissioner of Food and Drugs to amend part 320 of title 21, Code of Federal Regulations. SEC. 5. OVER-THE-COUNTER DRUGS. Section 503(b)(3) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(3)) is amended-- (1) by striking ``(3) The Secretary may by regulation remove drugs'' and inserting the following: ``(3) Removal of certain drugs from requirements of paragraph (1).-- ``(A) In general.--The Secretary may by regulation remove a drug''; and (2) by adding at the end the following: ``(B) Misbranding.--A drug that is removed from the requirements of paragraph (1) under subparagraph (A) shall be deemed to be misbranded under paragraph (1) in a case in which any person introduces the drug into interstate commerce in accordance with the requirements of paragraph (1).''.

Timely Review and Increased Access to Affordable Drugs Act - Amends the Federal Food, Drug, and Cosmetic Act to revise provisions concerning the timing of generic drug availability.Prohibits (for subsequently issued patents) an extension of the 30 month stay of Food and Drug Administration (FDA) approval for any new drug where an abbreviated new drug application (ANDA) contains a Paragraph IV filing/certification and the patent holder indicates an intention to bring a patent infringement suit against the new (generic) drug's manufacturer.Requires the first generic applicant (ANDA) with a Paragraph IV filing to forfeit the 180 day marketing exclusivity period to a subsequent generic applicant if the first generic applicant engages in certain behaviors which delay or prevent the marketing of the generic drug, including failure to market and agreements with the patent holder which violate the antitrust laws.Continues current regulations concerning bioeqiovalence.States that drugs which no longer require a prescription (over-the-counter) but that are sold as if they did are deemed misbranded (mislabeled and subject to seizure).

A bill to amend the Federal Food, Drug, and Cosmetic Act to ensure that there is competition in the pharmaceutical industry and increased access to affordable drugs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mathematics and Science Education Excellence Act''. SEC. 2. PURPOSE. It is the purpose of this Act to-- (1) upgrade the status and stature of mathematics and science teaching as a profession by encouraging institutions of higher education to assume greater responsibility for improving mathematics and science teacher education through the establishment of a comprehensive, integrated system of recruiting and advising such teachers; (2) focus on the education of mathematics and science teachers as a career-long process that should continuously stimulate teachers' intellectual growth and upgrade teachers' knowledge and skills; (3) bring together mathematics and science teachers in elementary schools and secondary schools with scientists, mathematicians, and engineers to increase teacher content knowledge and improve teaching skills through the use of more sophisticated laboratory space and equipment, computing facilities, libraries, and other resources that colleges and universities are more able to provide; (4) develop more rigorous mathematics and science curricula that are aligned with challenging State academic content standards and intended to prepare students for postsecondary study in mathematics and science; and (5) conduct and evaluate research related to the science of learning and teaching in order to develop ways in which the results of such research can be applied, duplicated, and scaled up for use in low-performing elementary schools and secondary schools to improve the teaching and student achievement levels in mathematics and science. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) Elementary school.--The term ``elementary school'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) Secondary school.--The term ``secondary school'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). SEC. 4. MATHEMATICS AND SCIENCE PARTNERSHIP. (a) Competitive Grant Program.--During fiscal years 2003 and 2004, the Director shall carry out a mathematics and science partnership program in accordance with the requirements of sections 2201 and 2202 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6661 and 6662), by awarding competitive grants to eligible partnerships (as defined under section 2201 of such Act) in accordance with section 2202(a)(1) of such Act without regard to the amount of funds appropriated for such program under section 2203 of such Act. (b) Formula Grant Program.--During fiscal years 2005, 2006, and 2007, the Director shall carry out a mathematics and science partnership program in accordance with the requirements of sections 2201 and 2202 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6661 and 6662), by awarding grants to State educational agencies in accordance with section 2202(a)(2) of such Act without regard to the amount of funds appropriated for such program under section 2203 of such Act. (c) Shared Plan.--Not later than 120 days after the date of enactment of this Act, the Director and the Secretary of Education shall prepare a plan for the joint administration of this section and submit such plan to Congress for review and comment. (d) Technical Assistance.--The Director shall provide an eligible partnership or State educational agency, at the request of the eligible partnership or State educational agency, with technical assistance in meeting any requirements of the mathematics and science partnership program carried out by the Director, including providing advice from experts on how to develop-- (1) a high-quality application for a grant or subgrant under the program; and (2) high-quality activities from funds received from a grant or subgrant under the program. SEC. 5. ESTABLISHMENT OF RESEARCH ON MATHEMATICS AND SCIENCE LEARNING AND EDUCATION IMPROVEMENT. (a) Establishment.--From funds appropriated under subsection (g), the Director shall award grants, on a competitive basis, to eligible recipients to-- (1) conduct and evaluate research in cognitive science, education, and related fields associated with the science of learning and teaching mathematics and science; and (2) develop ways in which the results of such research can be applied, duplicated, and scaled up for use in low-performing elementary schools and secondary schools to improve the teaching and student achievement levels in mathematics and science. (b) Eligible Recipient.--In this section, the term ``eligible recipient'' means an institution of higher education, a nonprofit organization, or a consortium of such entities. (c) Application.--An eligible recipient desiring to receive a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. (d) Evaluation.-- (1) In general.--In evaluating the applications submitted under subsection (c), the Director shall consider, at a minimum-- (A) the ability of the eligible recipient to effectively carry out the research program and reduce the eligible recipient's results to effective educational practice; (B) the experience of the eligible recipient in conducting research on the science of teaching and learning and the capacity of the applicant to foster new multidisciplinary collaborations; and (C) the capacity of the eligible recipient to attract and provide adequate support for graduate students to pursue research at the intersection of educational practice and basic research on human cognition and learning. (2) Current practices.--Not less than 1 of the grants awarded by the Director under subsection (a) shall include a comprehensive evaluation of the effectiveness of current mathematics and science teaching practices. (e) Activities.--An eligible recipient receiving a grant under this section shall-- (1) include, in such recipient's research, the active participation of elementary school and secondary school administrators and mathematics and science teachers; and (2) submit the results of such recipient's research to the Director. (f) Coordination.--The Director shall coordinate with the Secretary of Education and the Director of the Office of Science and Technology Policy in-- (1) carrying out this section; (2) disseminating the results of the research conducted pursuant to grants awarded under this section to elementary school teachers and secondary school teachers; and (3) providing programming, guidance, and support to ensure that such teachers-- (A) understand the implications of the research disseminated under paragraph (1) for classroom practice; and (B) can use the research to improve such teachers performance in the classroom. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $12,000,000 for fiscal year 2003 and such sums as may be necessary for each of the succeeding fiscal years. SEC. 6. DUPLICATION OF PROGRAMS. (a) In General.--The Director shall review the education programs of the National Science Foundation that are in operation as of the date of enactment of this Act to determine whether any of such programs duplicate the programs authorized under this Act. (b) Implementation.--As programs authorized under this Act are implemented, the Director shall-- (1) terminate any existing duplicative program being carried out by the National Science Foundation or merge the existing duplicative program into a program authorized under this Act; and (2) not establish any new program that duplicates a program that has been implemented pursuant to this Act. (c) Report.-- (1) Review.--The Director of the Office of Science and Technology Policy shall review the education programs of the National Science Foundation to ensure compliance with the provisions of this section. (2) Submission.--Not later than 1 year after the date of enactment of this Act, and annually thereafter as part of the annual Office of Science and Technology Policy's budget submission to Congress, the Director of the Office of Science and Technology Policy shall complete a report on the review carried out under this subsection and shall submit the report to-- (A) the Committee on Science of the House of Representatives; (B) the Committee on Education and the Workforce of the House of Representatives; (C) the Committee on Appropriations of the House of Representatives; (D) the Committee on Health, Education, Labor, and Pensions of the Senate; and (E) the Committee on Appropriations of the Senate.

Mathematics and Science Education Excellence Act - Requires the Director of the National Science Foundation (NSF Director) to make grants for a mathematics and science partnership program in accordance with certain provisions of the Elementary and Secondary Education Act of 1965 (ESEA). Includes: (1) competitive grants to eligible partnerships; and (2) formula grants to State educational agencies. Requires the NSF Director and the Secretary of Education to prepare a plan for joint administration of such program.Establishes a program of research on mathematics and science learning and improvement. Requires the NSF Director to award competitive grants for such program to institutions of higher education, nonprofit organizations, or consortia. Requires coordination of such program by the NSF Director with the Secretary and the Director of the Office of Science and Technology Policy (OSTP Director).Requires the NSF Director to remedy any duplication of programs authorized under this Act by current or subsequent NSF education programs. Requires the OSTP Director to review NSF education programs to ensure such compliance.

A bill to promote mathematics and science education through a mathematics and science partnership and through the establishment of a grant program to increase student academic achievement in mathematics and science, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced New Markets and Expanded Investment in Renewable Energy for Small Manufacturers Act of 2009''. TITLE I--ENHANCED NEW MARKETS VENTURE CAPITAL PROGRAM SEC. 101. EXPANSION OF NEW MARKETS VENTURE CAPITAL PROGRAM. (a) 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''. (b) 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 describing any expansion of the New Markets Venture Capital Program as a result of this section. SEC. 102. IMPROVED NATIONWIDE DISTRIBUTION. Section 354 of the Small Business Investment Act of 1958 (15 U.S.C. 689c) is amended by adding at the end the following: ``(f) Geographic Expansion.--From among companies submitting applications under subsection (b), the Administrator shall consider the selection criteria and promotion of nationwide distribution under subsection (c) and shall, to the extent practicable, approve at least one company from each geographic region of the Small Business Administration.''. SEC. 103. INCREASED INVESTMENT IN SMALL BUSINESS CONCERNS ENGAGED PRIMARILY IN MANUFACTURING. (a) Developmental Venture Capital and Participation Agreements.-- Section 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689) is amended-- (1) in paragraph (1) by inserting after ``geographic areas'' the following: ``or encouraging the growth or continuation of small business concerns located in low-income geographic areas and engaged primarily in manufacturing''; and (2) in paragraph (6)(B) by inserting after ``geographic areas'' the following: ``or in small business concerns located in low-income geographic areas at least 80 percent of which are engaged primarily in manufacturing''. (b) Purposes.--Section 352(2) of the Small Business Investment Act of 1958 (15 U.S.C. 689a(2)) is amended-- (1) in the matter preceding subparagraph (A) by inserting after ``geographic areas'' the following: ``and small business concerns located in low-income geographic areas and engaged primarily in manufacturing''; (2) in subparagraph (B) by inserting after ``geographic areas'' the following: ``or in small business concerns located in low-income geographic areas and engaged primarily in manufacturing''; and (3) in subparagraph (C) by inserting after ``smaller enterprises'' the following: ``and small business concerns''. (c) Eligibility, Applications, and Requirements for Final Approval.--Section 354 of the Small Business Investment Act of 1958 (15 U.S.C. 689c), as amended by this Act, is further amended-- (1) in subsection (a)(3) by inserting after ``geographic areas'' the following: ``or investing in small business concerns located in low-income geographic areas and engaged primarily in manufacturing''; (2) in subsection (b)-- (A) in paragraph (1) by inserting after ``geographic areas'' the following: ``or in small business concerns located in low-income geographic areas and engaged primarily in manufacturing''; and (B) in paragraph (4) by inserting after ``smaller enterprises'' the following: ``or small business concerns''; and (3) in subsection (d)-- (A) in paragraph (1)-- (i) by striking ``Each'' and inserting the following: ``(A) In general.--Except as provided in subparagraph (B), each''; and (ii) by adding at the end the following: ``(B) Small business concerns engaged primarily in manufacturing.--Each conditionally approved company engaged primarily in development of and investment in small business concerns located in low-income geographic areas and engaged primarily in manufacturing shall raise not less than $3,000,000 of private capital or binding capital commitments from one or more investors (other than agencies or departments of the Federal Government) who met criteria established by the Administrator.''; and (B) in paragraph (2)(A) by inserting after ``smaller enterprises'' the following: ``or small business concerns''. (d) Operational Assistance Grants.--Section 358 of the Small Business Investment Act of 1958 (15 U.S.C. 689g) is amended-- (1) in subsection (a)(1) by inserting after ``smaller enterprises'' the following: ``and small business concerns''; and (2) in subsection (b)(1) by inserting after ``smaller enterprises'' the following: ``and small business concerns''. SEC. 104. EXPANDED USES FOR OPERATIONAL ASSISTANCE IN MANUFACTURING. Section 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689), as amended by this Act, is further amended in paragraph (5) by inserting after ``business development'' the following: ``or assistance that assists a small business concern located in a low-income geographic area and engaged primarily in manufacturing with retooling, updating, or replacing machinery or equipment''. SEC. 105. UPDATING DEFINITION OF LOW-INCOME GEOGRAPHIC AREA. Section 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689), as amended by this Act, is further amended-- (1) by striking paragraphs (2) and (3); (2) by inserting after paragraph (1) the following: ``(2) Low-income geographic area.--The term `low-income geographic area' has the meaning given the term `low-income community' in section 45D(e) of the Internal Revenue Code of 1986.''; and (3) by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively. SEC. 106. EXPANDING OPERATIONAL ASSISTANCE TO CONDITIONALLY APPROVED COMPANIES. Section 358(a) of the Small Business Investment Act of 1958 (15 U.S.C. 689g(a)) is amended by adding at the end the following: ``(6) Grants to conditionally approved companies.-- ``(A) In general.--Subject to the provisions of this paragraph, upon the request of a company conditionally approved under section 354(c), the Administrator shall make a grant to the company under this subsection. ``(B) Repayment by companies not approved.--If a company receives a grant under this paragraph and does not receive final approval under section 354(e), the company shall repay the amount of the grant to the Administrator. ``(C) Deduction from grant to approved company.--If a company receives a grant under this paragraph and receives final approval under section 354(e), the Administrator shall deduct the amount of such grant from the amount of any immediately succeeding grant the company receives for operational assistance. ``(D) Amount of grant.--No company may receive a grant of more than $50,000 under this paragraph.''. SEC. 107. LIMITATION ON TIME FOR FINAL APPROVAL. Section 354(d) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(d)) is amended in the matter preceding paragraph (1) by striking ``a period of time, not to exceed 2 years,'' and inserting ``2 years''. SEC. 108. STREAMLINED APPLICATION FOR NEW MARKETS VENTURE CAPITAL PROGRAM. Not later than 60 days after the date of the enactment of this Act, the Administrator of the Small Business Administration shall prescribe standard documents for a New Markets Venture Capital company final approval application under section 354(e) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(e)). The Administrator shall ensure that the standard documents are designed to substantially reduce the cost burden of the application process for companies. SEC. 109. ELIMINATION OF MATCHING REQUIREMENT. Section 354(d)(2)(A)(i) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(d)(2)(A)(i)) is amended-- (1) in subclause (I) by adding ``and'' at the end; (2) in subclause (II) by striking ``and'' at the end; and (3) by striking subclause (III). SEC. 110. SIMPLIFIED FORMULA FOR OPERATIONAL ASSISTANCE GRANTS. Section 358(a)(4)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 689g(a)(4)(A)) is amended-- (1) by striking ``shall be equal to'' and all that follows through the period at the end and inserting ``shall be equal to the lesser of--''; and (2) by adding at the end the following: ``(i) 10 percent of the resources (in cash or in-kind) raised by the company under section 354(d)(2); or ``(ii) $1,000,000.''. SEC. 111. AUTHORIZATION OF APPROPRIATIONS AND ENHANCED ALLOCATION FOR SMALL MANUFACTURING. Section 368(a) of the Small Business Investment Act of 1958 (15 U.S.C. 689q(a)) is amended-- (1) in the matter preceding paragraph (1) by striking ``fiscal years 2001 through 2006'' and inserting ``fiscal years 2010 and 2011''; (2) in paragraph (1)-- (A) by striking ``$150,000,000'' and inserting ``$100,000,000''; and (B) by inserting before the period at the end the following: ``, of which not less than 50 percent shall be used to guarantee debentures of companies engaged primarily in development of and investment in small business concerns located in low-income geographic areas and engaged primarily in manufacturing''; and (3) in paragraph (2)-- (A) by striking ``$30,000,000'' and inserting ``$20,000,000''; and (B) by inserting before the period at the end the following: ``, of which not less than 50 percent shall be used to make grants to companies engaged primarily in development of and investment in small business concerns located in low-income geographic areas and engaged primarily in manufacturing''. TITLE II--EXPANDED INVESTMENT IN SMALL BUSINESS RENEWABLE ENERGY SEC. 201. EXPANDED INVESTMENT IN RENEWABLE ENERGY. Part C of title III of the Small Business Investment Act of 1958 (15 U.S.C. 690 et seq.) is amended-- (1) in the heading by striking ``renewable fuel capital investment'' and inserting ``renewable energy capital investment''; (2) in the heading of paragraph (4) of section 381 by striking ``Renewable fuel capital investment'' and inserting ``Renewable energy capital investment''; (3) in the heading of section 384 by striking ``renewable fuel capital investment'' and inserting ``renewable energy capital investment''; and (4) by striking ``Renewable Fuel Capital Investment'' each place it appears and inserting ``Renewable Energy Capital Investment''. SEC. 202. RENEWABLE ENERGY CAPITAL INVESTMENT PROGRAM MADE PERMANENT. Part C of title III of the Small Business Investment Act of 1958 (15 U.S.C. 690 et seq.), as amended by this Act, is further amended-- (1) in the heading by striking ``pilot''; and (2) by striking section 398. SEC. 203. EXPANDED ELIGIBILITY FOR SMALL BUSINESSES. Part C of title III of the Small Business Investment Act of 1958 (15 U.S.C. 690 et seq.), as amended by this Act, is further amended by striking ``smaller enterprises'' each place it appears and inserting ``small business concerns''. SEC. 204. EXPANDED USES FOR OPERATIONAL ASSISTANCE IN MANUFACTURING AND SMALL BUSINESSES. Section 381(1) of the Small Business Investment Act of 1958 (15 U.S.C. 690(1)) is amended by inserting after ``business development'' the following: ``, assistance that assists a small business concern to reduce energy consumption, or assistance that assists a small business concern engaged primarily in manufacturing with retooling, updating, or replacing machinery or equipment''. SEC. 205. EXPANSION OF RENEWABLE ENERGY CAPITAL INVESTMENT PROGRAM. (a) Administration Participation Required.--Section 383 of the Small Business Investment Act of 1958 (15 U.S.C. 690b) is amended by striking ``under which the Administrator may'' and inserting ``under which the Administrator shall''. (b) 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 describing any expansion of the Renewable Energy Capital Investment Program as a result of this section. SEC. 206. SIMPLIFIED FEE STRUCTURE TO EXPEDITE IMPLEMENTATION. Section 387(a) of the Small Business Investment Act of 1958 (15 U.S.C. 690f(a)) is amended by striking ``or grant''. SEC. 207. INCREASED OPERATIONAL ASSISTANCE GRANTS. Section 397(a) of the Small Business Investment Act of 1958 (15 U.S.C. 690p(a)) is amended by inserting after ``and 2009'' the following: ``and $30,000,000 in such grants for each of fiscal years 2010 and 2011''. SEC. 208. AUTHORIZATIONS OF APPROPRIATIONS. Section 397 of the Small Business Investment Act of 1958 (15 U.S.C. 690p) is amended-- (1) in the heading by inserting after ``appropriations'' the following: ``and program levels''; and (2) by adding at the end the following: ``(c) Program Levels.--For the programs authorized by this part, the Administration is authorized to make $1,000,000,000 in guarantees of debentures for each of fiscal years 2010 and 2011.''.

Enhanced New Markets and Expanded Investment in Renewable Energy for Small Manufacturers Act of 2009 - Amends the Small Business Investment Act of 1958 to require (under current law, authorizes) the Administrator of the Small Business Administration (SBA) to participate in the new markets venture capital program (program) (a program under which investment companies provide capital financing to small businesses). Requires the Administrator, in selecting companies for program participation, to approve at least one company from each SBA geographic region. Provides for new market capital venture investment in, as well as operational assistance to, small businesses located in low-income geographic areas and engaged primarily in manufacturing. Makes the SBA definition of "low-income geographic area" the same as the definition of "low-income community" under the Internal Revenue Code. Expands SBA operational assistance to conditionally-approved companies. Directs the Administrator to grant each such company two years to satisfy capital and other requirements for such assistance. Provides: (1) a streamlined application process for new market venture capital companies; and (2) a simplified formula for operational assistance grants. Increases amounts allocated for investment in small businesses located in low-income geographic areas and engaged primarily in manufacturing. Redesignates (thereby expanding) the SBA's renewable fuel capital investment program as the renewable energy capital investment program. Makes such program permanent (currently a pilot program). Makes eligible under such program all small businesses (under current law, only smaller enterprises). Requires (under current law, authorizes) the Administrator to participate in such program. Increases amounts allocated for operational assistance grants for renewable energy purposes.

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Honors Scholarship Act of 1996''. SEC. 2. PRESIDENTIAL HONORS SCHOLARSHIP PROGRAM. Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended by inserting after subpart 6 the following new subpart: ``Subpart 7--Presidential Honors Scholarship Program ``SEC. 420A. PRESIDENTIAL HONORS SCHOLARSHIP PROGRAM. ``(a) Purpose.--It is the purpose of this subpart to establish a Presidential Honors Scholarship Program to encourage high academic achievement in public and private secondary schools and to recognize and reward the achievement of their outstanding graduates. ``(b) Program Authority.--The Secretary is authorized, in accordance with this subpart, to carry out a program of recognizing high academic achievement in public and private secondary schools by awarding scholarships to all students in the top 5 percent of their graduating class, and thereby encouraging students to excel in their secondary studies and pursue postsecondary education. ``(c) Authorization of Appropriations.--There are authorized to be appropriated $130,000,000 for fiscal year 1998, and such sums as may be necessary for each of the 4 succeeding fiscal years, to carry out the purposes of this subpart. Funds shall remain available for obligation until the end of the fourth fiscal year immediately succeeding the fiscal year for which such funds were appropriated. ``(d) Terms of Scholarships.-- ``(1) Amount of scholarship.--(A) The amount of a scholarship awarded under this subpart shall be $1,000. ``(B) Notwithstanding subparagraph (A), if funds available in a fiscal year are insufficient to fully fund all scholarships under this subpart, the amount paid to each student shall be reduced proportionately. ``(C) Notwithstanding any other provision of this title, a scholarship awarded under this part-- ``(i) shall not be counted in determining the student's need for grant, loan, or work assistance under this title; and ``(ii) may, alone or in combination with other grant, loan, or work assistance received under this title, exceed the student's cost of attendance, as defined in section 472. ``(2) Period of scholarships.--A student who satisfies the requirements of subsection (f) may receive a scholarship under this subpart for a period of not more than 1 academic year of postsecondary education or training on at least a half-time basis, as determined by the institution. ``(3) Scholarship proceeds.-- ``(A) Use and availability.--Scholarship proceeds shall be used for the scholarship recipient's first year of postsecondary education or training, and shall remain available for such use for not more than 3 academic years following his or her graduation from secondary school. ``(B) Disbursal.--Scholarship proceeds shall be disbursed on behalf of students who receive scholarships under this subpart to the institutions of higher education at which the students are enrolled. No scholarship proceeds shall be disbursed on behalf of a student until the student is enrolled at an institution of higher education on at least a half-time basis, as determined by such institution. ``(4) Use at any institution permitted.--A scholarship awarded under this subpart may be used to attend any institution of higher education, as defined in section 481. ``(e) Selection of Scholars.-- ``(1) In general.--Scholarships shall be awarded to all students who rank in the top 5 percent of the graduating class of each secondary school that participates in the program under this subpart. Ranking procedures shall be established by each such school, but may not include any nonacademic or extracurricular factors. ``(2) Annual announcement of scholarships.--Each participating school shall announce the availability of scholarships under this subpart, and its selection procedures, to all students in the school, and their parents, at the beginning of each academic year. ``(3) Records.--Each participating school shall maintain records of its selection procedures, the names of the students selected, and such other related information as the Secretary may require. ``(f) Student Eligibility.--In order to receive a scholarship under this subpart, a student must-- ``(1) rank in the top 5 percent of the graduating class at the secondary school that he or she attends, as established by such school in accordance with subsection (e); and ``(2) meet the requirements of section 484. ``(g) Recognition of Scholarship Receipt.-- ``(1) Designation of scholarship recipients.--Students awarded scholarships under this subpart shall be known as `Presidential Honors Scholars'. ``(2) Certificates; ceremonies.--The Secretary shall provide each student awarded a scholarship under this subpart a certificate from the President that indicates that the recipient is a Presidential Honors Scholar. The certificates shall be provided through the secondary schools that selected such students. Such schools may present these certificates in appropriate ceremonies. ``(h) Evaluation.--The Secretary shall, from time to time, conduct an evaluation of the program authorized by this subpart. ``(i) Secretarial Authority.--In order to carry out the purposes of this subpart, the Secretary may, from time to time, establish policies, procedures, and requirements, set deadlines, and require information.''.

Presidential Honors Scholarship Act of 1996 - Amends the Higher Education Act of 1965 to authorize the award of Presidential Honors Scholarships to all students who graduate in the top five percent of their secondary school graduating class. Authorizes appropriations.

Presidential Honors Scholarship Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in America's Small Businesses Act of 2011''. SEC. 2. FINDINGS. The Congress finds the following: (1) Small businesses in underserved areas have for generations been unable to access affordable credit. (2) The financial crisis of 2008 only served to exacerbate efforts by entrepreneurs to access capital for the purpose of creating jobs and improving economic outcomes in the community. (3) The Create Jobs for USA campaign by Starbucks Coffee Company and Opportunity Finance Network, through community development financial institutions, will provide loans to underserved small businesses and microenterprises to create and sustain jobs throughout America. This will allow Americans to help Americans create and sustain jobs, but will not be enough to help our Nation's small businesses. (4) Small business investments revitalize communities by creating jobs but also contribute to the local tax base, which helps finance investments in schools, hospitals, infrastructure, and public safety. (5) The Community Development Financial Institutions Fund, an agency of the Federal Government located within the United States Department of the Treasury, has reported that in 2010 alone, community development financial institutions awardees originated loans or investments totaling more than $1 billion, and financed almost 18,000 affordable housing units; more than 5,200 business and microenterprise loans; and created or maintained over 25,000 jobs and leveraged $1.5 billion in private investment. (6) The Community Development Financial Institutions Fund awardees have almost tripled jobs created since 2007, making almost 14,000 loans to small businesses on average each year, representing an average investment of close to $1 billion annually. (7) The Community Development Financial Institutions Fund is well placed to complement the Create Jobs for USA campaign through careful, targeted investments in community development financial institutions for the purposes of improving economic outcomes for underserved families across the country. SEC. 3. GRANTS TO ESTABLISH LOAN-LOSS RESERVE FUNDS FOR SMALL BUSINESS LENDING. (a) In General.--The Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4701 et seq.) is amended by adding at the end the following: ``SEC. 123. GRANTS TO ESTABLISH LOAN-LOSS RESERVE FUNDS FOR SMALL BUSINESS LENDING. ``(a) Purposes.--The purposes of this section are-- ``(1) to make financial assistance available from the Fund in order to help community development financial institutions defray the costs of operating small business loan programs, by providing the amounts necessary for such institutions to establish their own loan loss reserve funds to mitigate some of the losses on such small business loan programs; ``(2) to encourage community development financial institutions to establish and maintain small business loan programs that would help provide borrowers access to mainstream financial institutions and combat high cost small business lending; and ``(3) to encourage community development financial institutions to expand the development services they offer and to serve new investment areas and new targeted populations. ``(b) Grants.-- ``(1) Loan-loss reserve fund grants.-- ``(A) In general.--The Fund shall make grants to community development financial institutions to enable such institutions to establish a loan-loss reserve fund in order to defray the costs of a small business loan program established or maintained by such institution. ``(B) Application.--A community development financial institution that wishes to receive a grant under this paragraph shall submit an application to the Administrator in such form and manner and containing such information as the Administrator may require. ``(C) Matching requirement.--A community development financial institution shall provide non- Federal matching funds in an amount equal to 50 percent of the amount of any grant received under this paragraph. ``(D) Use of funds.--Any grant amounts received by a community development financial institution under this paragraph-- ``(i) may not be used by such institution to provide direct loans to small businesses; ``(ii) may be used by such institution to help recapture a portion or all of a defaulted loan made under the small business loan program of such institution on or after the date of the enactment of this section; and ``(iii) may be used to designate and utilize a fiscal agent for services normally provided by such an agent. ``(2) Technical assistance grants.-- ``(A) In general.--The Fund shall make technical assistance grants to community development financial institutions to create, support, or maintain a small business loan program. Any grant amounts received under this paragraph may be used for-- ``(i) technology, staff support, staff capacity building, and other costs associated with establishing, supporting, or maintaining a small business loan program; and ``(ii) establishing, supporting, or maintaining technical assistance programs for borrowers. ``(B) Application.--A community development financial institution that wishes to receive a grant under this paragraph shall submit an application to the Administrator in such form and manner and containing such information as the Administrator may require. ``(c) Reports.--For each fiscal year for which grants are made under this section, the Administrator shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate containing a description of the activities funded and amounts distributed under this section for such fiscal year, as well as measurable results of such actions. ``(d) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Fund $25,000,000 for each of fiscal years 2012 to 2017 to carry out this section. ``(2) Administrative costs.--There are authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2012 to 2017 for the administrative costs of carrying out this section. ``(e) Definitions.--For purposes of this section: ``(1) Small business.--The term `small business' has the meaning given the term `small business concern' under section 3(a) of the Small Business Act (15 U.S.C. 632(a)). ``(2) Small business loan program.--The term `small business loan program' means a loan program wherein a community development financial institution offers loans to small businesses that-- ``(A) are made in amounts not exceeding $25,000; ``(B) have no pre-payment penalty; and ``(C) meet any other affordability requirements as may be established by the Administrator.''. (b) Conforming Amendment.--The table of contents for the Riegle Community Development and Regulatory Improvement Act of 1994 is amended by inserting after the item relating to section 121 the following: ``Sec. 122. Grants to establish loan-loss reserve funds. ``Sec. 123. Grants to establish loan-loss reserve funds for small business lending.''.

Investing in America's Small Businesses Act of 2011 - Amends the Community Development Banking and Financial Institutions Act of 1994 to require the Community Development Financial Institutions Fund to make grants to community development financial institutions to enable such institutions to establish a loan-loss reserve fund to defray the costs of a small business loan program. Defines "small business loan program" as a program in which a community development financial institution offers loans to small businesses that: (1) are made in amounts up to $25,000, (2) have no prepayment penalty, and (3) meet any affordability requirements established by Administrator of the Fund. Requires a community development financial institution to provide non-federal matching funds equal to 50% of the amount of any grant received. Prohibits the use of such grants to make direct loans to small businesses. Permits a community development financial institution to use such a grant to: (1) help recapture a portion or all of a defaulted loan made under its small business loan program, and (2) designate and utilize a fiscal agent for services the agent normally provides. Requires the Fund to make technical assistance grants to community development financial institutions to create, support, or maintain such a program.

To encourage initiatives for financial products and services that are appropriate and accessible for millions of American small businesses that do not have access to the financial mainstream.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Congressional Hunger Fellows Act of 2001''. (b) Findings.--The Congress finds as follows: (1) There is a critical need for compassionate individuals who are committed to assisting people who suffer from hunger as well as a need for such individuals to initiate and administer solutions to the hunger problem. (2) Bill Emerson, the distinguished late Representative from the 8th District of Missouri, demonstrated his commitment to solving the problem of hunger in a bipartisan manner, his commitment to public service, and his great affection for the institution and the ideals of the United States Congress. (3) George T. (Mickey) Leland, the distinguished late Representative from the 18th District of Texas, demonstrated his compassion for those in need, his high regard for public service, and his lively exercise of political talents. (4) The special concern that Mr. Emerson and Mr. Leland demonstrated during their lives for the hungry and poor was an inspiration for others to work toward the goals of equality and justice for all. (5) These two outstanding leaders maintained a special bond of friendship regardless of political affiliation and worked together to encourage future leaders to recognize and provide service to others, and therefore it is especially appropriate to honor the memory of Mr. Emerson and Mr. Leland by creating a fellowship program to develop and train the future leaders of the United States to pursue careers in humanitarian service. SEC. 2. ESTABLISHMENT; BOARD OF TRUSTEES. (a) In General.--There is established as an independent entity of the legislative branch of the United States Government the Congressional Hunger Fellows Program (hereinafter in this Act referred to as the ``Program''). (b) Board of Trustees.--The Program shall be subject to the supervision and direction of a Board of Trustees. (1) Appointment.--The Board shall be composed of 6 voting members appointed under subparagraph (A) and 1 nonvoting ex officio member designated in subparagraph (B) as follows: (A) Voting members.--(i) The Speaker of the House of Representatives shall appoint 2 members. (ii) The minority leader of the House of Representatives shall appoint 1 member. (iii) The majority leader of the Senate shall appoint 2 members. (iv) The minority leader of the Senate shall appoint 1 member. (B) Nonvoting member.--The Executive Director of the Program shall serve as a nonvoting ex officio member of the Board. (2) Terms.--Members of the Board shall serve a term of 4 years. (3) Vacancy.-- (A) Authority of board.--A vacancy in the membership of the Board does not affect the power of the remaining members to carry out this Act. (B) Appointment of successors.--A vacancy in the membership of the Board shall be filled in the manner in which the original appointment was made. (C) Incomplete term.--If a member of the Board does not serve the full term applicable to the member, the individual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual. (4) Chairperson.--As the first order of business of the first meeting of the Board, the members shall elect a Chairperson. (5) Compensation.-- (A) In general.--Subject to subparagraph (B), members of the Board may not receive compensation for service on the Board. (B) Travel.--Members of the Board may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Program. SEC. 3. PURPOSES; AUTHORITY OF PROGRAM. (a) Purposes.--The purposes of the Program are-- (1) to encourage future leaders of the United States to pursue careers in humanitarian service, to recognize the needs of people who are hungry and poor, and to provide assistance and compassion for those in need; (2) to increase awareness of the importance of public service; and (3) to provide training and development opportunities for such leaders. (b) Authority.--The Program is authorized to develop such fellowships, activities, and services to carry out the purposes of this Act, including the fellowships described in subsection (c). (c) Fellowships.-- (1) In general.--The Program shall establish and carry out the Bill Emerson Hunger Fellowship and the Mickey Leland Hunger Fellowship. (2) Curriculum.-- (A) In general.--The fellowships established under paragraph (1) shall provide education and training to develop the skills and understanding necessary to improve the humanitarian conditions and the lives of individuals who suffer from hunger, including-- (i) training in direct service to the hungry in conjunction with community-based organizations through a program of field placement; and (ii) experience in policy development through placement in a governmental entity or nonprofit organization. (B) Focus of bill emerson hunger fellowship.--The Bill Emerson Hunger Fellowship shall address hunger and other humanitarian needs in the United States. (C) Focus of mickey leland hunger fellowship.--The Mickey Leland Hunger Fellowship shall address international hunger and other humanitarian needs. (3) Period of fellowship.--A fellowship awarded under this subsection shall be for a period of not less than 12 months and not more than 24 months. (4) Selection of fellows.-- (A) In general.--A fellowship shall be awarded pursuant to a nationwide competition established by the Program. (B) Qualification.--A successful applicant shall be an individual who has demonstrated both a desire to pursue a career in humanitarian service and outstanding potential for such a career. (C) Amount of award.--Each individual awarded a fellowship under this subsection shall receive an educational award and living allowance as determined by the Program. (D) Recognition of fellowship award.-- (i) Emerson fellow.--An individual awarded a fellowship from the Bill Emerson Hunger Fellowship shall be known as an ``Emerson Fellow''. (ii) Leland fellow.--An individual awarded a fellowship from the Mickey Leland Hunger Fellowship shall be known as a ``Leland Fellow''. (d) Evaluation.--The Program shall conduct periodic evaluations of the Bill Emerson and Mickey Leland Hunger Fellowships. SEC. 4. TRUST FUND. (a) Establishment.--There is established the Congressional Hunger Fellows Trust Fund (hereinafter in this Act referred to as the ``Fund'') in the Treasury of the United States, consisting of amounts appropriated to the Fund under section 7(a), amounts credited to it under subsection (c), and amounts received under section 6(c)(2). (b) Investment of Funds.--The Secretary of the Treasury shall invest the full amount of the Fund. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Secretary in consultation with the Board, has a maturity suitable for the Fund. (c) Return on Investment.--Except as provided in section 5(a), the Secretary of the Treasury shall credit to the Fund the interest on, and the proceeds from sale or redemption of, obligations held in the Fund. SEC. 5. EXPENDITURES; AUDITS. (a) In General.--The Secretary of the Treasury shall transfer to the Program from the amounts described in section 4(c) and section 6(c)(2) such sums as the Board determines are necessary to enable the Program to carry out the provisions of this Act. (b) Limitation.--The Secretary may not transfer to the Program the amounts appropriated to the Fund under section 7(a). (c) Audit by GAO.-- (1) In general.--The Comptroller General of the United States shall conduct an annual audit of the accounts of the Program. (2) Books.--The Program shall make available to the Comptroller General all books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the Program and necessary to facilitate such audit. (3) Report to congress.--The Comptroller General shall submit a copy of the results of each such audit to the Congress. SEC. 6. STAFF; POWERS OF PROGRAM. (a) Executive Director.-- (1) In general.--The Board shall appoint an Executive Director of the Program who shall administer the Program. The Executive Director shall carry out such other functions consistent with the provisions of this Act as the Board shall prescribe. (2) Restriction.--The Executive Director may not serve as Chairperson of the Board. (3) Compensation.--The Executive Director shall be paid at a rate not to exceed the rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (b) Staff.-- (1) In general.--With the approval of a majority of the Board, the Executive Director may appoint and fix the pay of additional personnel as the Executive Director considers necessary and appropriate to carry out the functions of the provisions of this Act. (2) Compensation.--An individual appointed under paragraph (1) shall be paid at a rate not to exceed the rate of basic pay payable for level GS-15 of the General Schedule. (c) Powers.--In order to carry out the provisions of this Act, the Program may perform the following functions: (1) Gifts.--The Program may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Program. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Fund and shall be available for disbursement upon order of the Board. (2) Experts and consultants.--The Program may procure temporary and intermittent services under section 3109 of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-15 of the General Schedule. (3) Contract authority.--The Program may contract with and compensate government and private agencies or persons without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (4) Other necessary expenditures.--The Program shall make such other expenditures which the Program considers necessary to carry out the provisions of this Act. SEC. 7. REPORT. Not later than December 31 of each year, the Board shall submit to Secretary of Agriculture and to Congress a report on the activities of the Program carried out during the previous fiscal year. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $18,000,000 to carry out the provisions of this Act.

Congressional Hunger Fellows Act of 2001 - Establishes the Congressional Hunger Fellows Program and the Congressional Hunger Fellows Trust Fund in order to establish Bill Emerson and Mickey Leland Hunger Fellowships, respectively, to address hunger and other humanitarian needs in the United States and internationally.

To establish the Bill Emerson and Mickey Leland memorial fellowship programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Commission Act of 2014''. SEC. 2. ESTABLISHMENT. There is established in the legislative branch a commission to be known as the ``Commission on Long Term Social Security Solvency'' (in this Act referred to as the ``Commission''). SEC. 3. DUTY OF THE COMMISSION. Not later than 1 year after the initial meeting of the Commission, the Commission shall transmit to Congress a special message that includes recommendations and proposed legislation for achieving solvency in each of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund for a period of at least 75 years beginning on the date that is 1 year after the initial meeting of the Commission. Such message shall be approved by at least 9 members of the Commission. SEC. 4. MEMBERS. (a) Number and Appointment.--The Commission shall be composed of 13 members. Of the members of the Commission-- (1) 1 shall be appointed by the President; (2) 3 shall be appointed by the Speaker of the House of Representatives; (3) 3 shall be appointed by the Minority Leader of the House of Representatives; (4) 3 shall be appointed by the Majority Leader of the Senate; and (5) 3 shall be appointed by the Minority Leader of the Senate. (b) Qualifications for Congressional Appointees.--Of the members of the Commission appointed by the Congress, at least 1 appointed by each political party shall be an expert who is not an elected official or an officer or employee of the Federal Government or of any State. (c) Timing of Appointments.--Each of the appointments made under subsection (a) shall be made not later than 45 days after the date of the enactment of this Act. (d) Terms; Vacancies.--Each member shall be appointed for the life of the Commission, and a vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Compensation.-- (1) In general.--Members of the Commission shall serve without pay. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 5. OPERATION AND POWERS OF THE COMMISSION. (a) Chair and Co-Chair.--The member of the Commission appointed by the President under section 4(a) shall serve as the chair of the Commission. A co-chair of the Commission shall be designated by the Speaker of the House of Representatives at the time of the appointment. (b) Meetings.--The Commission shall meet not later than 30 days after the members of the Commission have been appointed, and at such times thereafter as the chair or co-chair shall determine. (c) Rules of Procedure.--The chair and co-chair shall, with the approval of a majority of the members of the Commission, establish written rules of procedure for the Commission, which shall include a quorum requirement to conduct the business of the Commission. (d) Hearings.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (e) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States, including the Congressional Budget Office and the Government Accountability Office, any information or technical assistance necessary to enable it to carry out this Act. Upon request of the chair or co-chair of the Commission, the head of that department or agency shall furnish that information or technical assistance to the Commission. (f) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for any purpose necessary to enable it to carry out this Act. (g) 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. PERSONNEL. (a) Director.--The Commission shall have a Director who shall be appointed by the Commission. The Director shall be paid at a rate of pay equivalent to the annual rate of basic pay for a comparable position paid under the Executive Schedule, subject to the approval of the chair and the co-chair. (b) Staff.--The Director may appoint and fix the pay of additional staff as the Director considers appropriate. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay for a comparable position paid under the Executive Schedule. (d) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, without reimbursement, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. SEC. 7. TERMINATION. The Commission shall terminate not later than 60 days after the submission of the report described in section 3. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated not more than $2,000,000 to carry out this Act. SEC. 9. EXPEDITED CONSIDERATION OF COMMISSION RECOMMENDATIONS. (a) Expedited Consideration.-- (1) Introduction of approval bill.--The majority leader of each House or a designee shall (by request) introduce an approval bill as described in subsection (c) not later than the third day of session of that House after the date of receipt of a special message transmitted to the Congress under Section 3. (2) Consideration in the house of representatives.-- (A) Referral and reporting.--Any committee of the House of Representatives to which an approval bill is referred shall report it to the House without amendment not later than the third legislative day after the date of its introduction. If a committee fails to report the bill within that period or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. (B) Proceeding to consideration.--Not later than 3 legislative days after the approval bill is reported or a committee has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the approval bill in the House. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces an intention to the House to offer the motion provided that such notice may not be given until the approval bill is reported or a committee has been discharged from further consideration thereof. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that special message. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (C) Consideration.--If the motion to proceed is agreed to, the House shall immediately proceed to consider the approval bill in the House without intervening motion. The approval bill shall be considered as read. All points of order against the approval bill and against its consideration are waived. The previous question shall be considered as ordered on the approval bill to its passage without intervening motion except 4 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the bill. A motion to reconsider the vote on passage of the approval bill shall not be in order. (3) Consideration in the senate.-- (A) Committee action.--The appropriate committee of the Senate shall report without amendment the approval bill not later than the third session day after introduction. If a committee fails to report the approval bill within that period or the Senate has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, the Committee shall be automatically discharged from further consideration of the approval bill and it shall be placed on the appropriate calendar. (B) Motion to proceed.--Not later than 3 session days after the approval bill is reported in the Senate or the committee has been discharged thereof, it shall be in order for any Senator to move to proceed to consider the approval bill in the Senate. The motion shall be decided without debate and the motion to reconsider shall be deemed to have been laid on the table. Such a motion shall not be in order after the Senate has disposed of a prior motion to proceed with respect to the approval bill. (C) Consideration.--If a motion to proceed to the consideration of the approval bill is agreed to, the Senate shall immediately proceed to consideration of the approval bill without intervening motion, order, or other business, and the approval bill shall remain the unfinished business of the Senate until disposed of. Consideration on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours equally divided in the usual form. All points of order against the approval bill or its consideration are waived. Consideration in the Senate on any debatable motion or appeal in connection with the approval bill shall be limited to not more than 1 hour. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the approval bill is not in order. A motion to reconsider the vote by which the approval bill is agreed to or disagreed to is not in order. (4) Amendments prohibited.--No amendment to, or motion to strike a provision from, an approval bill considered under this section shall be in order in either the Senate or the House of Representatives. (5) Coordination with action by other house.-- (A) In general.--If, before passing the approval bill, one House receives from the other a bill-- (i) the approval bill of the other House shall not be referred to a committee; and (ii) the procedure in the receiving House shall be the same as if no approval bill had been received from the other House until the vote on passage, when the bill received from the other House shall supplant the approval bill of the receiving House. (B) Exception.--This paragraph shall not apply to the House of Representatives. (b) Limitation.--Subsection (a) shall apply only to an approval bill described in subsection (c) and introduced pursuant to subsection (a)(1). (c) Approval Bill Described.--For purposes of subsection (a), a bill described in this paragraph is a bill-- (1) which consists of the proposed legislation which is included in such report to carry out the recommendations made by the Commission in the report; and (2) the title of which is as follows: ``A bill to carry out the recommendations of the Commission on Long Term Social Security Solvency.''. (d) Extended Time Period.--If Congress adjourns at the end of a Congress and an approval bill was then pending in either House of Congress or a committee thereof, or an approval bill had not yet been introduced with respect to a special message, then within the first 3 days of session of the next Congress, the Commission shall transmit to Congress an additional special message containing all of the information in the previous, pending special message. An approval bill may be introduced within the first five days of session of such next Congress and shall be treated as an approval bill under this section, and the time periods described in paragraphs (2) and (3) of subsection (a) shall commence on the day of introduction of that approval bill.

Social Security Commission Act of 2014 - Establishes in the legislative branch the Commission on Long Term Social Security Solvency to make recommendations to Congress, including proposed legislation, for achieving solvency in the Social Security trust funds for a period of at least 75 years. Requires expedited consideration of any proposed legislation approving Commission recommendations.

Social Security Commission Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Caregiver Credit Act of 2014''. SEC. 2. FINDINGS. Congress finds that: (1) Caregiving is an essential element of family life and a vital service for children, the ill, the disabled, and the elderly. (2) The establishment of a caregiver credit would bolster the economic prospects of unpaid caregivers and would provide them with vital retirement security. (3) The 2013 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds concluded that the combined Trust Funds will be able to pay scheduled benefits in full until 2033. (4) While there is no immediate crisis, policy options should be considered to extend OASDI solvency, including by eradicating the gender wage gap, increasing overall employment, or increasing the minimum wage. SEC. 3. DEEMED WAGES FOR CAREGIVERS OF DEPENDENT RELATIVES. Title II of the Social Security Act is amended by adding after section 234 (42 U.S.C. 434) the following new section: ``deemed wages for caregivers of dependent relatives ``Sec. 235. (a) Definitions.--For purposes of this section-- ``(1) The term `qualifying month' means, in connection with an individual, a month during which such individual was engaged for not less than 80 hours in providing care to a dependent relative without monetary compensation. Such term does not include any month ending after the date on which such individual attains retirement age (as defined in section 216(l)). ``(2) The term `dependent relative' means, in connection with an individual-- ``(A) a child, grandchild, niece, or nephew (of such individual or such individual's spouse or domestic partner) who is under the age of 12, or ``(B) a child, grandchild, niece, or nephew (of such individual or such individual's spouse or domestic partner), a parent, aunt, or uncle (of such individual or his or her spouse or domestic partner), or such individual's spouse or domestic partner, if such child, grandchild, niece, nephew, parent, aunt, uncle, spouse, or domestic partner is a chronically dependent individual. ``(3)(A) The term `chronically dependent individual' means an individual who-- ``(i) is dependent on a daily basis on verbal reminding, physical cueing, supervision, or other assistance provided to the individual by another person in the performance of at least two of the activities of daily living (described in subparagraph (B)), and ``(ii) without the assistance described in clause (i), could not perform such activities of daily living. ``(B) The `activities of daily living' referred to in subparagraph (A) are the following: ``(i) Eating. ``(ii) Bathing. ``(iii) Dressing. ``(iv) Toileting. ``(v) Transferring in and out of a bed or in and out of a chair. ``(b) Deemed Wages of Caregiver.--(1)(A) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 2014, or entitlement to and the amount of any lump-sum death payment in the case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216(i)(3), such individual shall be deemed to have been paid during each qualifying month (in addition to wages or self-employment income actually paid to or derived by such individual during such month) at an amount per month equal to-- ``(i) in the case of a qualifying month during which no wages or self-employment income were actually paid to or derived by such individual, 50 percent of the average amount of wages and self-employment income otherwise credited to individuals for such month under this title; and ``(ii) in the case of any other qualifying month, the excess of the amount determined under clause (i) over \1/2\ of the wages or self-employment income actually paid to or derived by such individual during such month. ``(B) In any case in which there are more than 60 qualifying months for an individual, only the last 60 of such months shall be taken into account for purposes of this section. ``(2) Paragraph (1) shall not be applicable in the case of any monthly benefit or lump-sum death payment if a larger such benefit or payment, as the case may be, would be payable without its application. ``(c) Identification Requirements.--A qualifying month shall not be taken into account under this section with respect to an individual unless such individual provides the Commissioner of Social Security with the name and identifying information of the dependent relative with respect to whom the individual was engaged in providing care during such month, and other information as the Commissioner may require to verify the status of the dependent relative, on whatever application may be required to obtain benefits under this section.''.

Social Security Caregiver Credit Act of 2014 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act with respect to determining entitlement to and the amount of any monthly benefit, including any lump-sum death payment, payable under OASDI on the basis of the wages and self-employment income of any individual. Deems such an individual to have been paid a wage (according to a specified formula) during each month during which the individual was engaged for at least 80 hours in providing care to a dependent relative without monetary compensation for up to five years of such service. Makes this Act inapplicable in the case of any monthly benefit or lump-sum death payment if a larger benefit or payment would be payable without its application.

Social Security Caregiver Credit Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Businesses Supporting Education Act of 2006''. SEC. 2. TAX CREDIT FOR CONTRIBUTIONS TO EDUCATION SCHOLARSHIP ORGANIZATIONS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45N. CONTRIBUTIONS TO EDUCATION SCHOLARSHIP ORGANIZATIONS. ``(a) General Rule.--For purposes of section 38, in the case of a corporation, partnership, or trade or business carried on as a sole proprietorship, the education scholarship credit determined under this section for the taxable year is the aggregate amount of qualified contributions for the taxable year. ``(b) Limitation.-- ``(1) Dollar limitation.--The amount of the credit determined under this section for any taxable year shall not exceed $100,000. ``(2) Application to partnerships and s corporations.--In the case of a partnership, the limitations of paragraph (1) shall apply with respect to the partnership and with respect to each partner. A similar rule shall apply in the case of an S corporation and its shareholders. ``(c) Qualified Contributions.--For purposes of this section-- ``(1) In general.--The term `qualified contribution' means a charitable contribution (as defined by section 170(c)) to an education scholarship organization. ``(2) Education scholarship organization.--The term `education scholarship organization' means any organization which is described in section 170(c)(2) and exempt from tax under section 501(a) and whose exclusive purpose is to provide scholarships for the qualified elementary and secondary education expenses of eligible students. ``(3) Eligible student.--The term `eligible student' means an individual-- ``(A) who is enrolled in an elementary or secondary school (within the meaning of section 530(b)(4)(B)), ``(B) who is a member of a household with a total annual household income which does not exceed 250 percent of the Federal poverty guidelines (as determined by the Secretary of Health and Human Services), and ``(C) with respect to whom the taxpayer is entitled to a deduction for the taxable year under section 151. ``(4) Qualified elementary and secondary education expenses.--The term `qualified elementary and secondary education expenses' has the meaning given such term by section 530(b)(4), except that `child' shall be substituted for `beneficiary' and `a child' shall be substituted for `the designated beneficiary of the trust' in clauses (i) and (iii) of subparagraph (A) thereof. ``(5) Scholarship.--The term `scholarship' does not include any payment to fulfill or fund any obligation or project of any school or school system to provide a free, appropriate public education. ``(d) Denial of Double Benefit.--No deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. ``(e) Election.--This section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year.''. (b) Excise Tax on Failure of Education Scholarship Organizations to Make Distributions.-- (1) In general.--Chapter 42 of such Code (relating to private foundations and certain other tax-exempt organizations) is amended by adding at the end the following new subchapter: ``Subchapter F--Education Scholarship Organizations ``Sec. 4966. Tax on failure to distribute receipts. ``SEC. 4966. TAX ON FAILURE TO DISTRIBUTE RECEIPTS. ``(a) Tax Imposed.--There is hereby imposed a tax on the failure of an education scholarship organization to make required distributions before the distribution deadline. ``(b) Amount of Tax.--The tax imposed by subsection (a) shall be equal to 15 percent of the excess (if any) of-- ``(1) the required distribution amount with respect to a taxable year, over ``(2) the amount of receipts of the education scholarship organization for such taxable year which are distributed before the distribution deadline with respect to such receipts. ``(c) Definitions.--For purposes of this section-- ``(1) Required distribution amount.--The required distribution amount with respect to a taxable year is the amount equal to 90 percent of the total receipts of the education scholarship organization for such taxable year. ``(2) Distributions.--Distributions include amounts which are formally committed but not distributed. ``(3) Distribution deadline.--The distribution deadline with respect to receipts for a taxable year is the first day of the second taxable year following the taxable year in which such receipts are received by the education scholarship organization. ``(d) Reasonable Cause Exception.--The tax imposed by subsection (a) shall not apply with respect to any failure to make required distributions before the distribution deadline which is not willful and is due to reasonable cause.''. (2) Abatement of tax.-- (A) General rule.--Subsection (b) of section 4962 of such Code (defining qualified first tier tax) is amended by striking ``or D'' and inserting ``D, or F''. (B) First tier tax.--Subsection (a) of section 4963 of such Code (defining first tier tax) is amended by inserting ``4966,'' after ``4958,''. (C) Taxable event.--Subsection (c) of section 4963 of such Code (defining taxable event) is amended by inserting ``4966,'' after ``4958,''. (3) Correction period.--Subparagraph (A) of section 4963(e)(2) of such Code (relating to special rules for when taxable event occurs) is amended by inserting ``or 4966'' after ``4942''. (4) Conforming amendment.--The table of subchapters for chapter 42 of such Code is amended by adding at the end the following new item: ``subchapter f. education scholarship organizations''. (c) Credit to Be Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (29), by striking the period at the end of paragraph (30) and inserting ``, plus'' , and by adding at the end the following new paragraph: ``(31) the education scholarship credit section 45N(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45M the following new item: ``Sec. 45M. Contributions to education scholarship organizations.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005.

Businesses Supporting Education Act of 2006 - Amends the Internal Revenue Code to allow business entities a tax credit for contributions to a tax-exempt education scholarship organization which provides scholarships to elementary or secondary school students from low or moderate income families. Limits the annual amount of such credit to $100,000. Imposes a penalty tax on education scholarship organizations that fail to make required distributions of scholarship funds.

To amend the Internal Revenue Code of 1986 to allow a business tax credit for contributions to education scholarship organizations.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Class Action Act of 2003''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; reference; table of contents. Sec. 2. Coupon settlements in class action cases. Sec. 3. Federal district court jurisdiction for national class actions. Sec. 4. Removal of national class actions to Federal court. Sec. 5. Effective date. SEC. 2. COUPONS SETTLEMENTS IN CLASS ACTION CASES. (a) In General.--Part V of title 28, United States Code, is amended by inserting after chapter 113 the following: ``CHAPTER 114--CLASS ACTIONS ``Sec. ``1711. Definitions. ``1712. Coupons settlements. ``Sec. 1711. Definitions ``In this chapter, the following definitions shall apply: ``(1) Class.--The term `class' means all of the class members in a class action. ``(2) Class action.--The term `class action' means any civil action-- ``(A) filed in a district court of the United States under rule 23 of the Federal Rules of Civil Procedure; or ``(B) any civil action that is removed to a district court of the United States that was originally filed under a State statute or rule of judicial procedure authorizing an action to be brought by 1 or more representatives on behalf of a class. ``(3) Class counsel.--The term `class counsel' means the persons who serve as the attorneys for the class members in a proposed or certified class action. ``(4) Class members.--The term `class members' means the persons (named or unnamed) who fall within the definition of the proposed or certified class in a class action. ``Sec. 1712. Coupons settlements ``(a) Contingent Fees in Coupon Settlements.--If a proposed settlement in a class action provides for a recovery of coupons to a class member, the portion of any attorney's fee to be paid to class counsel based on the recovery of the coupons shall be based on the value to class members of the coupons that are redeemed. ``(b) Other Attorney's Fee Awards in Coupon Settlements.-- ``(1) In general.--If a proposed settlement in a class action provides for a recovery of coupons to a class member, and a portion of the recovery of the coupons is not used to determine the attorney's fee to be paid to class counsel, the attorney's fee shall be based upon the amount of time class counsel expended working on the action. ``(2) Court approval.--Any attorney's fee under this subsection shall be subject to approval by the court and shall include an appropriate attorney's fee for obtaining equitable relief, including an injunction, if applicable. Nothing in this subsection shall be construed to prohibit application of a lodestar with a multiplier method of determining attorney's fees. ``(c) Attorney's Fee Awards Calculated on a Mixed Basis in Coupon Settlements.--If a proposed settlement in a class action provides for an award of coupons to a class member and also provides for equitable relief, including injunctive relief-- ``(1) that portion of the attorney's fee to be paid to class counsel that is based upon a portion of the recovery of the coupons shall be calculated according to subsection (a); and ``(2) that portion of the attorney's fee to be paid to class counsel that is not based upon a portion of the recovery of the coupons shall be calculated according to subsection (b). ``(d) Settlement Valuation Expertise.--In a class action involving the awarding of coupons, the court may in its discretion, upon the motion of a party, receive expert testimony from a witness qualified to provide information on the actual value of the settlement. ``(e) Judicial Scrutiny of Coupon Settlements.--In a class action that provides for a recovery of coupons to a class member, the court may approve a proposed settlement only after a hearing to determine whether, and making a written finding that, the settlement is fair, reasonable, and adequate for class members.''. (b) Technical and Conforming Amendment.--The table of chapters for part V of title 28, United States Code, is amended by inserting after the item relating to chapter 113 the following: ``114. Class Actions........................................ 1711''. SEC. 3. FEDERAL DISTRICT COURT JURISDICTION FOR NATIONAL CLASS ACTIONS. (a) In General.--Chapter 85 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1370. National class actions ``(a) In addition to the jurisdiction conferred under this chapter, a district court of the United States shall have jurisdiction over a class action in which \1/3\ or fewer of the members of all proposed plaintiff classes in the aggregate are citizens of the State in which the action was originally filed. ``(b) A district court of the United States may, in the interests of justice, decline to exercise jurisdiction over a class action in which greater than \1/3\ but less than \2/3\ of the members of all proposed plaintiff classes in the aggregate are citizens of the State in which the action was originally filed based on consideration of-- ``(1) whether the claims asserted involve matters of State or local interest; ``(2) whether the claims asserted will be governed by laws other than those of the State in which the action was originally filed; ``(3) whether the forum for the class action was chosen frivolously or in bad faith; ``(4) whether the number of citizens of the State in which the action was originally filed in all proposed plaintiff classes in the aggregate is substantially larger than the number of citizens from any other State, and the citizenship of the other members of the proposed class is dispersed among a substantial number of States; and ``(5) whether the State claims asserted by class members of the State in which the action was filed would be preempted by a Federal class action. ``(c) A district court of the United States shall not exercise jurisdiction over a class action in which-- ``(1) \2/3\ or more of the members of all proposed plaintiff classes in the aggregate are citizens of the State in which the action was originally filed; ``(2) the primary defendants are States, State officials, or other governmental entities against whom the district court may be foreclosed from ordering relief; or ``(3) the number of members of all proposed plaintiff classes in the aggregate is less than 100. ``(d) Citizenship of proposed class members in subsection (a), (b), and (c) shall be determined on the date of filing the proposed class action in Federal district court or State court. ``(e) This section shall not apply to any class action that soley involves a claim-- ``(1) concerning a covered security as defined under 16(f)(3) of the Securities Act of 1933 (15 U.S.C. 77p(f)(3)); ``(2) that relates to the internal affairs or governance of a corporation or other form of business enterprise and that arises under or by virtue of the laws of the State in which such corporation or business enterprise is incorporated or organized; or ``(3) that relates to the rights, duties (including fiduciary duties), and obligations relating to or created by or pursuant to any security (as defined under section 2(a)(1) of the Securities Act of 1933 (15 U.S.C. 77b(a)(1)) and the regulations issued thereunder). (f) Nothing in this section shall be construed to limit Federal jurisdiction over any class action that meets diversity of citizenship requirements under section 1332.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 85 of title 28, United States Code, is amended by adding at the end the following: ``1370. National class actions.''. SEC. 4. REMOVAL OF NATIONAL CLASS ACTIONS TO FEDERAL COURT. (a) In General.--Chapter 89 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1453. Removal of national class actions ``(a) A class action over which a district court would have jurisdiction under section 1370 may be removed to a district court of the United States, in accordance with this chapter, by-- ``(1) any defendant without the consent of all defendants; or ``(2) any plaintiff class member who has intervened, seeks to be designated as a representative class member, and is not a named or representative class member without the consent of all members of such class. ``(b) The Federal district court which receives a class action removed in accordance with this section shall make a determination regarding the jurisdiction of the proposed class action before deciding a motion to transfer to any other court under-- ``(1) section 1391; or ``(2) section 1407. ``(c) Section 1446 (relating to a defendant removing a case) shall apply to a plaintiff removing a case under this section, except that the application of section 1446(b) (relating to the 30-day filing period requirement) shall be met if a plaintiff class member files notice of removal not later than 30 days after the receipt by such class member, through service or otherwise, of the initial written notice of class action. ``(d) This section shall not apply to any class action that solely involves a claim-- ``(1) concerning a covered security (as defined under section 16(f)(3) of the Securities Act of 1933 (15 U.S.C. 77p(f)(3)); ``(2) that relates to the internal affairs or governance of a corporation or other form of business enterprise and that arises under or by virtue of the laws of the State in which such corporation or business enterprise is incorporated or organized; or ``(3) that relates to the rights, duties (including fiduciary duties), and obligations relating to or created by or pursuant to any security (as defined under section 2(a)(1) of the Securities Act of 1933 (15 U.S.C. 77b(a)(1)) and the regulations issued thereunder).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 89 of title 28, United States Code, is amended by adding at the end the following: ``1453. Removal of national class actions.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to any civil action commenced on or after the date of enactment of this Act.

National Class Action Act of 2003 - Amends the Federal judicial code to require: (1) the portion of any attorney's fee paid to class counsel based on a recovery of coupons in a class action settlement to be based on the value to class members of the coupons redeemed; and (2) the attorney's fee in such a settlement otherwise to be based upon the amount of time class counsel expended working on the action, subject to court approval. Grants a U.S. district court jurisdiction over a class action in which one-third or fewer of the members of all proposed plaintiff classes in the aggregate are citizens of the State in which the action was originally filed. Lists grounds under which a U.S. district court may decline to exercise jurisdiction over a class action in which greater than one-third but less than two-thirds of the members of the plaintiff class are citizens of the State in which the action was originally filed. Bars a U.S. district court from exercising jurisdiction over a class action (with exceptions) in which: (1) two-thirds or more of the members of all proposed plaintiff classes are citizens of the State in which the action was originally filed; (2) the primary defendants are States, State officials, or other governmental entities against whom the district court may be foreclosed from ordering relief; or (3) the number of members of all proposed plaintiff classes in the aggregate is less than 100. Allows a class action over which a district court would have jurisdiction under this Act to be removed to a U.S. district court by any: (1) defendant without the consent of all defendants; or (2) plaintiff class member who has intervened, seeks to be designated as a representative class member, and is not a named or representative class member without the consent of all members of such class.

A bill to provide for class action reform, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chief Martin Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) For more than 45 years, Chief Phillip Martin has provided extraordinary leadership to the Mississippi Band of Choctaw Indians, a federally recognized Indian tribe located in the State of Mississippi, as the tribe has undertaken a long and courageous journey to preserve social and cultural identity while developing relative prosperity. (2) The vision, guidance, and determination of Chief Martin has led to the emergence of a virtual economic miracle, the creation and development of a new government, and the revitalization of an ancient society, a claim few governmental leaders of our time are able to make. (3) Chief Martin has led efforts designed to create a vibrant tribal economy that would first provide jobs, then dignity, and over time a higher quality of life for the Choctaw people as well as neighboring communities. (4) Once described as ``the worst poverty pocket in the poorest State of the Union'', the Choctaws under Chief Martin's leadership have evolved from subsistence sharecroppers to become proprietors of a multi-enterprise, industrial and commercial powerhouse. (5) With the creation of nearly 9,000 permanent, full-time jobs, the Choctaw tribe is now 1 of the 5 largest employers in the State of Mississippi. (6) Chief Martin has been guided by a belief that self- reliance breeds opportunity. (7) Early developments on the Choctaw reservation, while modest in retrospect, were nonetheless ambitious and challenging in their beginnings. (8) Faced with active opposition from Federal authorities and expectations of failure from many others, Chief Martin tenaciously led the Choctaw tribe to establish a tribally-owned construction company, then a small industrial park which produced the first large scale reservation-based manufacturing jobs in the Nation. (9) In addition to more usual government-operated enterprises, such as a transit authority, a utility commission, and a public works department, the Chief also created many fruitful partnerships with the private sector. (10) These dynamic developments have now given the tribe a solid economic foundation. (11) Recognizing that the most valuable asset of any community is its people, Chief Martin led the Choctaws to take over direct operation of its own education system from the Bureau of Indian Affairs. (12) The tribe today operates the largest unified tribal school system in the Nation, with 6 elementary schools, a middle school, and a high school. (13) Chief Martin has continued toward the goal of producing a new generation of well-educated and well-trained tribal members through establishment of the Choctaw Indian Scholarships Program, giving all Mississippi Choctaw students the opportunity to attend colleges and universities of their choice. (14) With the passage of the Indian Self-Determination and Education Assistance Act in 1975, the Congress established the concepts of self-determination, self-reliance, and tribal initiative as the basis for a new covenant between the Federal Government and the American Indian peoples. (15) However, it has only been through the extraordinary commitment and ceaseless efforts of tribal leaders, such as Chief Martin, that these concepts were given life and put into practice. (16) ``Choctaw Self Determination'' became Chief Martin's clarion call (and it remains the tribe's unofficial slogan) to motivate an impoverished reservation that institutionalized poverty and hopelessness to transform itself into the vibrant entity that today serves as a beacon of success for other tribal and non-tribal communities. (17) Deeply devoted to tribal sovereignty, trust land, and economic development issues, Chief Martin has improved the lives of thousands in Mississippi, and is perhaps the most recognized American Indian leader: he has been called ``one of Indian Country's greatest leaders''. (18) The outstanding example of Chief Phillip Martin deserves to be recognized and honored by the United States Congress. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design, to Chief Phillip Martin in recognition of his leadership of the Mississippi Band of Choctaw Indians for over 45 years, and for his invaluable contributions nationally to the American Indian community and particularly to the native and non-native communities of Mississippi. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3, under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.

Chief Martin Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation, on behalf of Congress, of a gold medal to Chief Phillip Martin in recognition of his leadership of the Mississippi Band of Choctaw Indians for over 45 years and for his contributions to the American Indian community, particularly to the native and non-native communities of Mississippi.

A bill to award a congressional gold medal to Chief Phillip Martin of the Mississippi Band of Choctaw Indians.

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Federal Judiciary Emergency Special Sessions Act of 2005''. SEC. 2. EMERGENCY AUTHORITY TO CONDUCT COURT PROCEEDINGS OUTSIDE THE TERRITORIAL JURISDICTION OF THE COURT. (a) Circuit Courts.--Section 48 of title 28, United States Code, is amended by adding at the end the following: ``(e) Each court of appeals may hold special sessions at any place within the United States outside the circuit as the nature of the business may require and upon such notice as the court orders, upon a finding by either the chief judge of the court of appeals (or, if the chief judge is unavailable, the most senior available active judge of the court of appeals) or the judicial council of the circuit that, because of emergency conditions, no location within the circuit is reasonably available where such special sessions could be held. The court may transact any business at a special session outside the circuit which it might transact at a regular session. ``(f) If a court of appeals issues an order exercising its authority under subsection (e), the court-- ``(1) through the Administrative Office of the United States Courts, shall-- ``(A) send notice of such order, including the reasons for the issuance of such order, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and ``(B) not later than 180 days after the expiration of such court order submit a brief report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives describing the impact of such order, including-- ``(i) the reasons for the issuance of such order; ``(ii) the duration of such order; ``(iii) the impact of such order on litigants; and ``(iv) the costs to the judiciary resulting from such order; and ``(2) shall provide reasonable notice to the United States Marshals Service before the commencement of any special session held pursuant to such order.''. (b) District Courts.--Section 141 of title 28, United States Code, is amended-- (1) by inserting ``(a)(1)'' before ``Special''; (2) by inserting ``(2)'' before ``Any''; and (3) by adding at the end the following: ``(b)(1) Special sessions of the district court may be held at such places within the United States outside the district as the nature of the business may require and upon such notice as the court orders, upon a finding by either the chief judge of the district court (or, if the chief judge is unavailable, the most senior available active judge of the district court) or the judicial council of the circuit that, because of emergency conditions, no location within the district is reasonably available where such special sessions could be held. ``(2) Pursuant to this subsection, any business which may be transacted at a regular session of a district court may be transacted at a special session conducted outside the district, except that a criminal trial may not be conducted at a special session outside of the State in which the crime has been committed unless the defendant consents to such a criminal trial. ``(3) Notwithstanding any other provision of law, in any case in which a special session is conducted pursuant to this subsection, the district court may summon jurors-- ``(A) in civil proceedings, from any part of the district in which the court ordinarily conducts business or the district in which the court is holding a special session; and ``(B) in criminal trials, from any part of the district in which the crime has been committed and, if a defendant so consents, from any district in which the court is conducting business pursuant to this subsection. ``(4) If a district court issues an order exercising its authority under paragraph (1), the court-- ``(A) through the Administrative Office of the United States Courts, shall-- ``(i) send notice of such order, including the reasons for the issuance of such order, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and ``(ii) not later than 180 days after the expiration of such court order submit a brief report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives describing the impact of such order, including-- ``(I) the reasons for the issuance of such order; ``(II) the duration of such order; ``(III) the impact of such order on litigants; and ``(IV) the costs to the judiciary resulting from such order; and ``(B) shall provide reasonable notice to the United States Marshals Service before the commencement of any special session held pursuant to such order.''. (c) Bankruptcy Courts.--Section 152(c) of title 28, United States Code, is amended-- (1) by inserting ``(1)'' after ``(c)''; (2) by adding at the end the following: ``(2)(A) Bankruptcy judges may hold court at such places within the United States outside the judicial district as the nature of the business of the court may require, and upon such notice as the court orders, upon a finding by either the chief judge of the bankruptcy court (or, if the chief judge is unavailable, the most senior available bankruptcy judge) or by the judicial council of the circuit that, because of emergency conditions, no location within the district is reasonably available where the bankruptcy judges could hold court. ``(B) Bankruptcy judges may transact any business at special sessions of court held outside the district pursuant to this paragraph that might be transacted at a regular session. ``(C) If a bankruptcy court issues an order exercising its authority under subparagraph (A), the court-- ``(i) through the Administrative Office of the United States Courts, shall-- ``(I) send notice of such order, including the reasons for the issuance of such order, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and ``(II) not later than 180 days after the expiration of such court order submit a brief report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives describing the impact of such order, including-- ``(aa) the reasons for the issuance of such order; ``(bb) the duration of such order; ``(cc) the impact of such order on litigants; and ``(dd) the costs to the judiciary resulting from such order; and ``(ii) shall provide reasonable notice to the United States Marshals Service before the commencement of any special session held pursuant to such order.''. (d) United States Magistrate Judges.--Section 636 of title 28, United States Code, is amended in subsection (a) by striking ``territorial jurisdiction prescribed by his appointment--'' and inserting ``district in which sessions are held by the court that appointed the magistrate judge, at other places where that court may function, and elsewhere as authorized by law--''.

Federal Judiciary Emergency Special Sessions Act of 2005 - Allows federal circuit courts of appeals, district courts, bankruptcy courts, and magistrate judges to hold special sessions outside their circuits or districts upon a finding by a chief judge or judicial council that, because of emergency conditions, no location within the courts' regular circuits or districts is reasonably available. Authorizes such courts to transact any business, except certain district court criminal proceedings, at a special session outside their circuits or districts which they might transact at a regular session. Requires special session courts, through the Administrative Office of the U.S. Courts, to notify the Judiciary Committees of Congress of any order issued in a special session. Requires the Administrative Office to report to such congressional committees describing the reasons for the issuance of a special session order, the duration of such order, the impact of such order on litigants, and the costs to the judiciary resulting from such order. Requires special session courts to provide reasonable notice to the U.S. Marshals Service before the commencement of any special session. Prohibits a criminal trial from being conducted at a special session outside the state in which the crime was committed unless the defendant consents. Restricts criminal jury pools to the district in which a crime was committed unless the defendant consents to be tried by jurors from the district in which the trial court is holding a special session.

A bill to allow United States courts to conduct business during emergency conditions, and for other purposes.

SECTION 1. TAX CREDIT FOR REGIONAL JET AIRCRAFT SERVING UNDERSERVED COMMUNITIES. (a) Allowance of Credit.-- (1) In general.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by inserting after paragraph (3) the following new paragraph: ``(4) in the case of an eligible small air carrier, the underserved community jet access credit.'' (2) Underserved community jet access credit.--Section 48 of such Code (relating to the energy credit and the reforestation credit) is amended by adding after subsection (b) the following new subsection: ``(c) Underserved Community Jet Access Credit.-- ``(1) In general.--For purposes of section 46, the underserved community jet access credit of an eligible small air carrier for any taxable year is an amount equal to 10 percent of the qualified investment in any qualified regional jet aircraft. ``(2) Eligible small air carrier.--For purposes of this subsection and section 46-- ``(A) In general.--The term `eligible small air carrier' means, with respect to any qualified regional jet aircraft, an air carrier-- ``(i) to which part 121 of title 14, Code of Federal Regulations, applies, and ``(ii) which has less than 10,000,000,000 (10 billion) revenue passenger miles for the calendar year preceding the calendar year in which such aircraft is originally placed in service. ``(B) Air carrier.--The term `air carrier' means any air carrier holding a certificate of public convenience and necessity issued by the Secretary of Transportation under section 41102 of title 49, United States Code. ``(C) Start-up carriers.--If an air carrier has not been in operation during the entire calendar year described in subparagraph (A)(ii), the determination under such subparagraph shall be made on the basis of a reasonable estimate of revenue passenger miles for its first full calendar year of operation. ``(D) Aggregation.--All air carriers which are treated as 1 employer under section 52 shall be treated as 1 person for purposes of subparagraph (A)(ii). ``(3) Qualified regional jet aircraft.--For purposes of this subsection, the term `qualified regional jet aircraft' means a civil aircraft-- ``(A) which is originally placed in service by the taxpayer, ``(B) which is powered by jet propulsion and is designed to have a maximum passenger seating capacity of not less than 30 passengers and not more than 100 passengers, and ``(C) at least 50 percent of the flight segments of which during any 12-month period beginning on or after the date the aircraft is originally placed in service are between a hub airport (as defined in section 41731(a)(3) of title 49, United States Code, and an underserved airport. ``(4) Underserved airport.--The term `underserved airport' means, with respect to any qualified regional jet aircraft, an airport which for the calendar year preceding the calendar year in which such aircraft is originally placed in service had less than 600,000 enplanements. ``(5) Qualified investment.--For purposes of paragraph (1), the term `qualified investment' means, with respect to any taxable year, the basis of any qualified regional jet aircraft placed in service by the taxpayer during such taxable year. ``(6) Qualified progress expenditures.-- ``(A) Increase in qualified investment.--In the case of a taxpayer who has made an election under subparagraph (E), the amount of the qualified investment of such taxpayer for the taxable year (determined under paragraph (5) without regard to this subsection) shall be increased by an amount equal to the aggregate of each qualified progress expenditure for the taxable year with respect to progress expenditure property. ``(B) Progress expenditure property defined.--For purposes of this paragraph, the term `progress expenditure property' means any property which is being constructed for the taxpayer and which it is reasonable to believe will qualify as a qualified regional jet aircraft of the taxpayer when it is placed in service. ``(C) Qualified progress expenditures defined.--For purposes of this paragraph, the term `qualified progress expenditures' means the amount paid during the taxable year to another person for the construction of such property. ``(D) Only construction of aircraft to be taken into account.--Construction shall be taken into account only if, for purposes of this subpart, expenditures therefor are properly chargeable to capital account with respect to the qualified regional jet aircraft. ``(E) Election.--An election under this paragraph may be made at such time and in such manner as the Secretary may by regulations prescribe. Such an election shall apply to the taxable year for which made and to all subsequent taxable years. Such an election, once made, may not be revoked except with the consent of the Secretary. ``(7) Coordination with other credits.--This subsection shall not apply to any property with respect to which the energy credit or the rehabilitation credit is allowed unless the taxpayer elects to waive the application of such credits to such property. ``(8) Special lease rules.--For purposes of section 50(d)(5), section 48(d) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall be applied for purposes of this section without regard to paragraph (4)(B) thereof (relating to short-term leases of property with class life of under 14 years). ``(9) Application.--This subsection shall apply to periods after the date of the enactment of this subsection and before January 1, 2009, under rules similar to the rules of section 48(m) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).'' (3) Recapture.--Section 50(a) of such Code (relating to recapture in the case of dispositions, etc.) is amended by adding at the end the following new paragraph: ``(6) Special rules for aircraft credit.-- ``(A) In general.--For purposes of determining whether a qualified regional jet aircraft ceases to be investment credit property, an airport which was an underserved airport as of the date such aircraft was originally placed in service shall continue to be treated as an underserved airport during any period this subsection applies to the aircraft. ``(B) Property ceases to qualify for progress expenditures.--Rules similar to the rules of paragraph (2) shall apply in the case of qualified progress expenditures for a qualified regional jet aircraft under section 48(c).'' (4) Technical amendments.-- (A) Subparagraph (C) of section 49(a)(1) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) the portion of the basis of any qualified regional jet aircraft attributable to any qualified investment (as defined by section 48(c)(5)).'' (B) Paragraph (4) of section 50(a) of such Code is amended by striking ``and (2)'' and inserting ``, (2), and (6)''. (C)(i) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.'' (ii) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following new item: ``Sec. 48. Other credits.'' (5) Effective date.--The amendments made by this subsection shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990. (b) Reduced Passenger Tax Rate on Rural Domestic Flight Segments.-- Section 4261(e)(1)(C) of such Code (relating to segments to and from rural airports) is amended to read as follows: ``(C) Reduction in general tax rate.-- ``(i) In general.--The tax imposed by subsection (a) shall apply to any domestic segment beginning or ending at an airport which is a rural airport for the calendar year in which such segment begins or ends (as the case may be) at the rate determined by the Secretary under clause (ii) for such year in lieu of the rate otherwise applicable under subsection (a). ``(ii) Determination of rate.--The rate determined by the Secretary under this clause for each calendar year shall equal the rate of tax otherwise applicable under subsection (a) reduced by an amount which reflects the net amount of the increase in revenues to the Treasury for such year resulting from the amendments made by subsections (a) and (c) of section ____ of the Wendell H. Ford National Air Transportation System Improvement Act of 1998. ``(iii) Transportation involving multiple segments.--In the case of transportation involving more than 1 domestic segment at least 1 of which does not begin or end at a rural airport, the rate applicable by reason of clause (i) shall be applied by taking into account only an amount which bears the same ratio to the amount paid for such transportation as the number of specified miles in domestic segments which begin or end at a rural airport bears to the total number of specified miles in such transportation.''. (c) Treatment of Certain Deductible Liquidating Distributions of Regulated Investment Companies and Real Estate Investment Trusts.-- (1) In general.--Section 332 of the Internal Revenue Code of 1986 (relating to complete liquidations of subsidiaries) is amended by adding at the end the following new subsection: ``(c) Deductible Liquidating Distributions of Regulated Investment Companies and Real Estate Investment Trusts.--If a corporation receives a distribution from a regulated investment company or a real estate investment trust which is considered under subsection (b) as being in complete liquidation of such company or trust, then, notwithstanding any other provision of this chapter, such corporation shall recognize and treat as a dividend from such company or trust an amount equal to the deduction for dividends paid allowable to such company or trust by reason of such distribution.''. (2) Conforming amendments.-- (A) The material preceding paragraph (1) of section 332(b) of such Code is amended by striking ``subsection (a)'' and inserting ``this section''. (B) Paragraph (1) of section 334(b) of such Code is amended by striking ``section 332(a)'' and inserting ``section 332''. (3) Effective date.--The amendments made by this subsection shall apply to distributions after May 21, 1998.

Amends the Internal Revenue Code (IRC) to provide for an underserved community jet access credit for an eligible small carrier equal to ten percent of the qualified investment in qualified regional jet aircraft. Provides for a reduced passenger tax rate on rural domestic flights. Amends IRC provisions relating to complete liquidations of subsidiaries to provide that if a corporation receives a distribution from a regulated investment company or a real estate investment trust which is considered as being in complete liquidation of such company or trust, then, notwithstanding other specified IRC provisions, such corporation shall recognize and treat as a dividend from such company or trust an amount equal to the deduction for dividends paid allowable to such company or trust by reason of such distribution.

A bill to amend the Internal Revenue Code of 1986 to provide an investment credit to promote the availability of jet aircraft to underserved communities, to reduce the passenger tax rate on rural domestic flight segments, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Executive Office Accountability Act of 1993''. SEC. 2. ESTABLISHMENT OF INSPECTOR GENERAL FOR EXECUTIVE OFFICE OF THE PRESIDENT. (a) Establishment of Office.--Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in paragraph (1) by inserting ``the President (with respect only to the Executive Office of the President),'' after ``means''; and (2) in paragraph (2) by inserting ``the Executive Office of the President,'' after ``means''. (b) Appointment of Inspector General.--Not later than 120 days after the date of the enactment of this Act, the President shall nominate an individual as the Inspector General of the Executive Office of the President pursuant to the amendments made by subsection (a). SEC. 3. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE EXECUTIVE OFFICE OF THE PRESIDENT. The Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) by redesignating section 8F as section 8G; and (2) by inserting after section 8E the following: ``SEC. 8F. SPECIAL PROVISIONS CONCERNING INSPECTOR GENERAL OF THE EXECUTIVE OFFICE OF THE PRESIDENT. ``(a) Authority, Direction, and Control of President.-- Notwithstanding the last 2 sentences of section 3(a), the Inspector General of the Executive Office of the President shall be under the authority, direction, and control of the President with respect to audits or investigations, or the issuance of subpoenas, which require access to information concerning-- ``(1) ongoing criminal investigations or proceedings; ``(2) undercover operations; ``(3) the identity of confidential sources, including protected witnesses; ``(4) deliberations and decisions on policy matters, including documented information used as a basis for making policy decisions; ``(5) intelligence or counterintelligence matters; or ``(6) other matters the disclosure of which would constitute a serious threat to the national security, or would cause significant impairment to the national interests (including interests in foreign trade negotiations), of the United States. ``(b) Prohibiting Activities of Inspector General.--With respect to information described in subsection (a), the President may prohibit the Inspector General of the Executive Office of the President from carrying out or completing any audit or investigation, or issuing any subpoena, after the Inspector General has decided to initiate, carry out, or complete such audit or investigation or to issue such subpoena, if the President determines that-- ``(1) the disclosure of that information would interfere with the core functions of the constitutional responsibilities of the President; and ``(2) the prohibition is necessary to prevent the disclosure of that information. ``(c) Notice.-- ``(1) Notice to inspector general.--If the President makes a determination referred to in subsection (b)(1) or (2), the President shall within 30 days notify the Inspector General in writing stating the reasons for that determination. ``(2) Notice to congress.--Within 30 days after receiving a notice under paragraph (1), the Inspector General shall transmit a copy of the notice to each of the Chairman and the ranking minority party member of the Committee on Government Operations of the House of Representatives, the Committee on Governmental Affairs of the Senate, and other appropriate committees or subcommittees of the Congress. ``(d) Semiannual Reports.-- ``(1) Information to be included.--The Inspector General of the Executive Office of the President shall include in each semiannual report to the President under section 5, at a minimum-- ``(A) a list of the title or subject of each inspection, investigation, or audit conducted during the reporting period; ``(B) a statement of whether corrective action has been completed on each significant recommendation described in previous semiannual reports, and, in a case where corrective action has been completed, a description of such corrective action; ``(C) a certification that the Inspector General has had full and direct access to all information relevant to the performance of functions of the Inspector General; ``(D) a description of all cases occurring during the reporting period in which the Inspector General could not obtain documentary evidence relevant to any inspection, audit, or investigation due to a determination of the President under subsection (b); and ``(E) such recommendations as the Inspector General considers appropriate concerning legislation to promote economy and efficiency in the administration of programs and operations undertaken by the Executive Office of the President, and to detect and eliminate fraud, waste, and abuse in such programs and operations. ``(2) Transmission to congress.--Within 30 days after receiving a semiannual report under section 5 from the Inspector General of the Executive Office of the President, the President shall transmit the report to each of the Chairman and the ranking minority party member of the Committee on Government Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate with any comments the President considers appropriate.''. SEC. 4. ESTABLISHMENT AND APPOINTMENT OF CHIEF FINANCIAL OFFICER FOR EXECUTIVE OFFICE OF THE PRESIDENT. (a) Establishment.--Section 901(b)(2) of title 31, United States Code, is amended by adding at the end the following: ``(H) The Executive Office of the President.''. (b) Appointment.--The President shall appoint an individual as the Chief Financial Officer of the Executive Office of the President, pursuant to the amendment made by subsection (a), by not later than 90 days after the date of the enactment of this Act. SEC. 5. FINANCIAL MANAGEMENT ACTIVITIES WITHIN EXECUTIVE OFFICE OF THE PRESIDENT. (a) Review of Financial Management Activities Within the Executive Office of the President.--Not later than 30 days after the appointment of a Chief Financial Officer of the Executive Office of the President (in this section referred to as the ``Chief Financial Officer''), the Director of the Office of Management and Budget shall direct the Chief Financial Officer to conduct a review of the financial management activities within the Executive Office of the President for the purpose of consolidating its accounting, budgeting, and other financial management activities under the Chief Financial Officer. (b) Reorganization Proposal.--Not later than 60 days after the date the Director directs the Chief Financial Officer to conduct a review under subsection (a), and subject to all laws vesting functions in particular officers and employees of the United States, the Chief Financial Officer shall submit to the Director of the Office of Management and Budget a proposal for reorganizing the Executive Office of the President for the purpose stated in subsection (a). The proposal shall include-- (1) a description of all functions, powers, duties, personnel, property, or records which the Chief Financial Officer is proposed to have authority over, including those relating to functions that are not related to financial management activities; and (2) a detailed outline of the administrative structure of the office of the Chief Financial Officer, including a description of the responsibility and authority of financial management personnel and resources in agencies or other subdivisions as appropriate for the Executive Office of the President. (c) Review and Approval of Proposal.--Not later than 30 days after receiving a proposal from the Chief Financial Officer under subsection (c), the Director of the Office of Management and Budget shall approve or disapprove the proposal and notify the Chief Financial Officer of that approval or disapproval. The Director shall approve the proposal if it establishes a financial management structure reasonably tailored to the functions of the Executive Office of the President. Upon approving or disapproving the proposal, the Director shall transmit to the Chief Financial Officer a written notice of that approval or disapproval. The Director shall also provide to the Chairman and ranking minority party member of the Committee on Government Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate a copy of the proposal and the Director's approval or disapproval. (d) Implementation of Proposal.--Upon receiving written notice of approval from the Director of the Office of Management and Budget, the Chief Financial Officer shall implement that proposal.

Executive Office Accountability Act of 1993 - Amends the Inspector General Act of 1978 to: (1) establish an Office of Inspector General (IG) in the Executive Office of the President; (2) require the IG to serve under the President's authority, direction, and control with respect to matters concerning ongoing criminal investigations, policy making, and national security (unless the President notifies the IG that disclosure of pertinent information would interfere with the core functions of his or her constitutional responsibilities); and (3) require the IG to comply with the same semiannual reporting requirements that all other IGs are subject to, plus, at a minimum, supply additional specified information as well. Requires the President to appoint a Chief Financial Officer (CFO) of the Executive Office of the President. Requires the: (1) Director of the Office of Management and Budget (OMB) to direct the CFO to review the financial management activities within the Executive Office of the President for the purpose of consolidating its accounting, budgeting, and other financial management activities under the CFO; (2) CFO to submit to the Director of OMB a proposal for reorganizing the Executive Office of the President for such purposes; (3) Director of OMB to approve or disapprove such proposal; and (4) CFO to implement the proposal upon such approval.

Executive Office Accountability Act of 1993

SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``MSPA Clarification Act of 1997''. (b) Reference.--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 Migrant and Seasonal Agricultural Worker Protection Act. SEC. 2. FAMILY BUSINESS EXEMPTION. Section 4(a)(1) (29 U.S.C. 1803(a)(1)) is amended by inserting before the period the following: ``, such individual's employees choose to work for another person on their free time, such individual used a State employment service agency to obtain employees, or such individual obtained referrals for employment from the other migrant or seasonal agricultural employees''. SEC. 3. FARM LABOR CONTRACTOR. Section 3(6) (29 U.S.C. 1802(6)) is amended by inserting at the end the following: ``Such term does not include a migrant or seasonal agricultural worker who voluntarily enters into carpool arrangements or who is directed or requested to do so by a person pursuant to Federal, State, or local law. SEC. 4. INSPECTIONS. Part A of title V is amended by adding at the end the following: ``investigations ``Sec. 507. No investigation by entry onto a place of agricultural employment may be made under this Act to determine if a person violated this Act unless a conference is first held with such person to inform such person of the purpose of the investigation and a conference is held with such person at the end of the investigation to inform such person of the results of the investigation.''. SEC. 5. VIOLATION CORRECTIONS. (a) Administrative Sanctions.--Section 503(a)(1) (29 U.S.C. 1853(a)(1)) is amended by adding at the end the following: ``If an agricultural employer, agricultural association, or farm labor contractor corrects a violation of this Act or a regulation under this Act within 10 working days of the date on which a citation for such violation has been served upon such employer, association, or contractor, no civil money penalty shall be imposed on such person for such violation. Such correction of a violation shall be allowed only where such agricultural employer, agricultural association, or farm labor contractor has not previously been finally adjudicated to have violated the same section of this Act or section of the regulations under this Act as is specified in the citation and the prior violation occurred after the date this sentence takes effect.''. (b) Private Right of Action.--Section 504(a) (29 U.S.C. 1854(a)) is amended by adding at the end the following: ``If an agricultural employer, agricultural association, or farm labor contractor corrects a violation of this Act or regulation under this Act within 10 working days of the date on which the agricultural employer, agricultural association, or farm labor contractor was notified in writing of such violation, no action, including a complaint, may be brought under this subsection with respect to such violation. Such correction of a violation shall be allowed only where such agricultural employer, agricultural association, or farm labor contractor has not previously been finally adjudicated to have violated the same section of this Act or section of the regulations under this Act as is specified in the written notification alleging the violation and the prior violation occurred after the date this sentence takes effect.''. SEC. 6. REGULATION OF HOUSING. Section 203 (29 U.S.C. 1823) is amended by adding at the end the following: ``(d) Approved Housing.--Any farm worker housing which is regulated and approved for health and safety by a Federal or State agency shall not be subject to regulation under this section. ``(e) Liability.--Subsection (a) of section 203 (29 U.S.C. 1823) is amended by adding at the end the following: ``A person who owns or controls a facility for housing migrant agricultural workers shall not be held liable under this subsection for housing conditions which are caused by or are within the responsibility of the housed migrant workers.''. SEC. 7. JOINT EMPLOYMENT. Sections 522, 523, and 524 (29 U.S.C. 1872, 1801 note) are redesignated as sections 523, 524, and 525, respectively, and the following new section is inserted after section 521: ``joint employment ``Sec. 522. (a) In determining if an agricultural employer, agricultural association, or farm labor contractor jointly employs any migrant or seasonal agricultural worker, only each of the following factors shall be taken into account-- ``(1) the nature and degree of control of the workers, ``(2) the degree of supervision, direct or indirect, of the work, ``(3) the power to determine the pay rates or the methods of payment of the workers, ``(4) the right, directly or indirectly, to hire, fire, or modify the employment conditions of the workers, and ``(5) preparation of payroll and the payment of wages. In the case of joint responsibility for housing of migrant agricultural workers, who owns or controls the housing shall be taken into account. In the case of joint responsibility for transportation of migrant and seasonal agricultural workers, who owns or directs the transportation to be utilized shall be taken into account. A person shall not be considered jointly responsible for transportation of migrant or seasonal agricultural workers because that person participates in, or directs or requests such agricultural workers to enter into carpooling arrangements pursuant to the requirements of Federal, State, or local law. ``(b) Joint employment or joint responsibility between an agricultural employer and an agricultural association or farm labor contractor may not be presumed. Before making a determination of joint employment or joint responsibility and the imposition of the requirements of this Act or the issuance of a penalty, the agricultural employer, the agricultural association, and farm labor contractor shall be provided with a written determination of joint employment or joint responsibility with the reasons therefor. For purposes of this subsection, joint responsibility is not established through a joint employment analysis.''. SEC. 8. CONFIRMATION OF REGISTRATION. Section 402 (29 U.S.C. 1842) is amended by adding at the end the following: ``Notwithstanding the foregoing, where a person is a farm labor contractor solely because that person, for any money or other valuable consideration paid or promised to be paid, engages in transporting any migrant or seasonal agricultural worker, an agricultural employer or agricultural association employing any such migrant or seasonal agricultural worker shall be required to take such reasonable steps only where such agricultural employer or agricultural association had actual knowledge that such transportation was not a carpooling arrangement among the workers themselves.''. SEC. 9. DEFINITIONS. (a) Definition of Migrant Agricultural Worker.--Section 3(8)(B) (29 U.S.C. 1802(8)(B)) is amended by striking ``or'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``; or'', and by adding at the end the following: ``(iii) any individual who is employed by a specific agricultural employer or association on a year-round basis.''. (b) Definition of Seasonal Agricultural Worker.--Section 3(10)(B) (29 U.S.C. 1802(10)(B)) is amended by striking ``or'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``; or'', and by adding at the end the following: ``(iv) any individual who is employed by a specific agricultural employer or association on a year-round basis.''. SEC. 10. MOTOR VEHICLE SAFETY INSURANCE REQUIREMENTS. Section 401(b) (29 U.S.C. 1841(b)) is amended by amending paragraph (3) to read as follows: ``(3) The level of insurance required under paragraph (1)(C) shall be determined by the applicable transportation requirements under State law.''. SEC. 11. STATUTE OF LIMITATIONS. (a) Section 503.--Section 503(a)(1) (29 U.S.C. 1853(a)(1)) is amended by inserting ``within 2 years of the date of such violation'' after ``assessed''. (b) Section 504.--Section 504(a) (29 U.S.C. 1854) is amended by inserting ``within 2 years of the date of such violation'' after ``suit''.

MSPA Clarification Act of 1997 - Amends the Migrant and Seasonal Agricultural Worker Protection Act to enlarge the scope of the family business exemption. (Sec. 3) Excludes from the definition of "farm labor contracting activity" a migrant or seasonal agricultural worker in a carpool arrangement. (Sec. 4) Prohibits an investigatory entry into a place of agricultural employment without prior and subsequent conferences with the person being investigated. (Sec. 5) States that an agricultural employer, association, or farm labor contractor that corrects a violation for which there is no prior adjudication of guilt shall not be subject to a civil money penalty or a private right of action. (Sec. 6) Exempts: (1) Federal or State approved farm worker housing from regulation under such Act; and (2) owners or operators of migrant agricultural housing from liability for housing conditions caused by or the responsibility of such workers. (Sec. 7) Sets forth joint employment criteria. (Sec. 8) Exempts an agricultural employer or association from confirming the registration of a farm labor contractor who supplies only worker transportation services unless the employer or association had actual knowledge that the transportation was not a worker carpooling arrangement. (Sec. 9) Excludes from the definitions of "migrant agricultural worker" and "seasonal agricultural worker" an individual employed on a year-round basis by a specific employer or association. (Sec. 10) Subjects motor vehicle safety insurance provisions to State, rather than specified Federal, requirements. (Sec. 11) Establishes a two-year statute of limitations for violations under such Act.

MSPA Clarification Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Physician Payments Sunshine Act of 2008''. SEC. 2. QUARTERLY TRANSPARENCY REPORTS FROM MANUFACTURERS OF COVERED DRUGS, DEVICES, OR MEDICAL SUPPLIES UNDER MEDICARE, MEDICAID, OR SCHIP. Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1128F the following new section: ``SEC. 1128G. QUARTERLY TRANSPARENCY REPORTS FROM MANUFACTURERS OF COVERED DRUGS, DEVICES, OR MEDICAL SUPPLIES UNDER MEDICARE, MEDICAID, OR SCHIP. ``(a) Reporting of Payments or Other Transfer of Value.--On January 1, 2009, and the first day of each fiscal year quarter beginning thereafter, each manufacturer of a covered drug, device, or medical supply who provides a payment or other transfer of value, directly, indirectly, or through an agent, subsidiary, or other third party, to a physician; to an entity that a physician is employed by, has tenure with, or has a significant ownership interest in; or to a covered organization in which a physician has a significant professional membership interest, shall submit to the Secretary, in such electronic form as the Secretary shall require, the following: ``(1) The name of-- ``(A) the physician; ``(B) if a payment or other transfer of value was provided to an entity that the physician is employed by, has tenure with, or has a significant ownership interest in, the name of the entity; and ``(C) if a payment or other transfer of value was provided to an organization so specified in which the physician has such a significant professional membership interest, the name of the organization. ``(2) The address of-- ``(A) the physician's office; ``(B) in the case of an entity required to be named under paragraph (1)(B), the primary place of business or headquarters for the entity; and ``(C) in the case of an organization required to be named under paragraph (1)(C), the primary place of business or headquarters of the organization. ``(3) The facility with which the physician is affiliated, if any. ``(4) The value of the payment or other transfer of value. ``(5) The date on which the payment or other transfer of value was provided. ``(6) A description of the nature of the payment or other transfer of value, indicated (as appropriate for all that apply) as-- ``(A) compensation; ``(B) food, entertainment, or gifts; ``(C) trips or travel; ``(D) a product or other item provided for less than market value; ``(E) participation in a medical conference, continuing medical education, other educational or informational program or seminar, or funded research (such as lab-based, epidemiology, or health services research) that is not a clinical trial; provision of materials related to such a conference, educational or informational program or seminar, or research; or remuneration for promoting or participating in such a conference, educational or informational program or seminar, or research; ``(F) product rebates or discounts; ``(G) consulting fees or honoraria; ``(H) dividend, profit distribution, stock or stock option grant, or any ownership or investment interest held by a physician in a manufacturer (excluding a dividend or other profit distribution from, or ownership or investment interest in, a publicly traded security and mutual fund (as described in section 1877(c)); or ``(I) any other economic benefit, as defined by the Secretary. ``(7) The purpose of the expenditure according to categories specified by the Secretary, such as consulting, education, royalty, and research. ``(b) Annual Summary Report.--Each manufacturer of a covered drug, device, or medical supply that is required to submit information under subsection (a) during a year shall submit a report to the Secretary not later than December 31 of the year that summarizes, in such electronic form as the Secretary shall specify, each submission of information under subsection (a) made by the manufacturer during the year. The summary report shall include the aggregate amount of all transfers of anything of value that is less than $25, including any compensation, gift, honorarium, speaking fee, consulting fee, travel, discount, cash rebate, or services. ``(c) Reporting Date for Applicable Clinical Trials.-- ``(1) In general.--Notwithstanding subsection (a), a payment or other transfer of value made for the general funding of a clinical trial described in paragraph (2) shall be disclosed in the first quarterly report after the date clinical trial information for such trial is required to be posted under section 402(j)(2)(D) of the Public Health Service Act. ``(2) Clinical trial.--A clinical trial described in this paragraph is an applicable clinical trial for which clinical trial information is required to be submitted under section 402(j)(2)(C) of the Public Health Service Act. ``(d) Penalty for Noncompliance.--Any manufacturer of a covered drug, device, or medical supply that knowingly fails to submit information required under subsection (a) or (b) in accordance with regulations promulgated to carry out such subsection, shall be subject to a civil money penalty of not less than $10,000, but not more than $100,000, for each such failure. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A are imposed and collected under that section. ``(e) Public Availability.--Not later than June 1, 2009, the Secretary shall establish procedures to ensure that the information reported under subsection (a) and the summary reports submitted under subsection (b) are readily accessible to the public through an Internet website that is easily searchable, downloadable, and understandable. ``(f) Report to Congress.--Not later than April 1 of each year beginning with 2010, the Secretary shall submit to Congress a report that includes the following: ``(1) The information submitted under subsections (a) and (b) during the preceding year, aggregated for each manufacturer of a covered drug, device, or medical supply that submitted such information during such year. ``(2) A description of any enforcement actions taken to carry out this section, including any penalties imposed under subsection (d), during the preceding year. ``(g) Definitions.--In this section: ``(1) Covered drug, device, or medical supply.--The term `covered drug, device, or medical supply' means any drug, biological product, device, or medical supply for which payment is available under title XVIII or a State plan under title XIX or XXI (or a waiver of such a plan). ``(2) Covered organization.--The term `covered organization' means an organization that is involved in health care financing, organization, or delivery. ``(3) Manufacturer of a covered drug, device, or medical supply.--The term `manufacturer of a covered drug, device, or medical supply' means any entity-- ``(A) with annual gross revenues that exceed $1,000,000; and ``(B) which is engaged in the production, preparation, propagation, compounding, conversion, or processing of a covered drug, device, or medical supply. ``(4) Payment or other transfer of value.-- ``(A) In general.--The term `payment or other transfer of value' means a transfer of anything of value that exceeds $25, and includes any compensation, gift, honorarium, speaking fee, consulting fee, travel, discount, cash rebate, services, or dividend, profit distribution, stock or stock option grant, or any ownership or investment interest held by a physician in a manufacturer (excluding a dividend or other profit distribution from, or ownership or investment interest in, a publicly traded security or mutual fund (as described in section 1877(c)). ``(B) Exclusions.--Such term does not include the following: ``(i) Product samples that are intended for patients. ``(ii) A payment or other transfer of value made for the general funding of a clinical trial, other than an applicable clinical trial for which clinical trial information is required to be submitted under section 402(j)(2)(C) of the Public Health Service Act. ``(iii) A transfer of anything of value to a physician when the physician is a patient and not acting in his or her professional capacity. ``(iv) Compensation paid by a manufacturer of a covered drug, device, or medical supply to a physician who is directly employed by and works solely for such manufacturer. ``(5) Physician.--The term `physician' has the meaning given that term in section 1861(r). ``(6) Significant professional membership interest.--The term `significant professional membership interest' means, with respect to a physician and a covered organization, the physician is a voluntary paying member of such organization or the physician receives professional certification through such organization.''. SEC. 3. LIMITATION ON TAX DEDUCTIONS FOR ADVERTISING BY CERTAIN MANUFACTURERS OF DRUGS, DEVICES, OR MEDICAL SUPPLIES. (a) In General.--Part IX of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 (relating to items not deductible) is amended by adding at the end the following: ``SEC. 280I. LIMITATION ON TAX DEDUCTIONS FOR ADVERTISING BY CERTAIN MANUFACTURERS OF DRUGS, DEVICES, OR MEDICAL SUPPLIES. ``(a) In General.--No deduction shall be allowed under this chapter for any taxable year for any expenditure relating to the advertising, promoting, or marketing (in any medium) of any covered drug, device, or medical supply manufactured by the taxpayer if, during the taxable year, a penalty is imposed on the taxpayer under section 1128G(d) of the Social Security Act (relating to quarterly transparency reports from manufacturers of covered drugs, devices, or medical supplies under Medicare, Medicaid, or SCHIP). ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Covered drug, device, or medical supply.--The term `Covered drug, device, or medical supply' has the meaning given such term by section 1128G(g) of the Social Security Act. ``(2) Aggregation rules.--All members of the same controlled group of corporations (within the meaning of section 52(a)) and all persons under common control (within the meaning of section 52(b)) shall be treated as 1 person.''. (b) Conforming Amendment.--The table of sections for such part IX is amended by adding after the item relating to section 280H the following: ``Sec. 280I. Limitation on tax deductions for advertising by certain manufacturers of drugs, devices, or medical supplies.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning ending after the date of the enactment of this Act.

Physician Payments Sunshine Act of 2008 - Amends part A of title XI of the Social Security Act to require quarterly transparency reports to the Secretary of Health and Human Services of payments to physicians or their employers, or to a covered organization in which a physician has a significant professional membership interest, by manufacturers of covered drugs, devices, or medical supplies under titles XVIII (Medicare), XIX (Medicaid), or XXI (State Children's Health Insurance Program (SCHIP)) of the Social Security Act. Amends the Internal Revenue Code to prohibit tax deductions for the advertising, promotion, or marketing by manufacturers of drugs, devices, and medical supplies on whom a penalty is imposed for failing to meet the requirements of this Act.

To amend title XI of the Social Security Act to provide for transparency in the relationship between physicians and manufacturers of drugs, devices, or medical supplies for which payment is made under Medicare, Medicaid, or SCHIP, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``JTTF Enhancement Act of 2001''. SEC. 2. JOINT TERRORISM TASK FORCES. (a) JTTFs Required.--The Director of the Federal Bureau of Investigation shall carry out a program under which the Director maintains, in such regions and localities of the United States as the Director considers appropriate, task forces of law enforcement agents to combat international terrorism (known as joint terrorism task forces). (b) Composition.--Each task force under the program required by subsection (a) shall be comprised of at least one law enforcement agent of the Federal Bureau of Investigation. Each such task force shall also include such other law enforcement agents as the Director considers appropriate, selected by the Director from among those Federal, State, and local law enforcement agents that are made available to the Director for such purposes. (c) Training.--The Director shall make available to the law enforcement agents participating in such program such training as the Director considers appropriate to ensure that such agents are fully and properly prepared to combat international terrorism. (d) Funding of State and Local Agents.--For each State and local law enforcement agent participating in such program, the Director shall reimburse the agent's jurisdiction for the agent's salary during the period the agent was so participating. (e) Sense of Congress on Number of Task Forces.--It is the sense of Congress that the Director, in carrying out such program, should expand such program as rapidly as feasible to include at least one task force for each field division of the Bureau. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 3. INCREASED PARTICIPATION OF INS AGENTS ON JOINT TERRORISM TASK FORCES. (a) In General.--From amounts made available to carry out this section, the Attorney General shall increase the number of law enforcement agents of the Immigration and Naturalization Service available for participation in the joint terrorism task force program carried out under section 2. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 4. DETAIL PROGRAM FOR STATE AND LOCAL LAW ENFORCEMENT PERSONNEL TO THE CENTRAL INTELLIGENCE AGENCY. The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is amended by adding at the end the following new section: ``detail of employees with state and local law enforcement agencies ``Sec. 23. (a) Detail.--Notwithstanding any other provision of law-- ``(1) upon request of the head of State or local law enforcement agency, the Director of Central Intelligence may detail any employee within Central Intelligence Agency to that State or local law enforcement agency on a nonreimbursable basis; and ``(2) subject to the approval of the Director of Central Intelligence, the head of a State or local law enforcement agency may detail any employee of that State or local law enforcement agency to the Central Intelligence Agency on a reimbursable basis. ``(b) Period of Detail.--Details shall be for such periods as are agreed to between the Director and the head of the State or local agency. ``(c) Benefits, Allowances, Travel, Incentives.--An employee detailed under subsection (a) may be authorized any benefit, allowance, travel, or incentive otherwise provided to enhance staffing by the organization from which the employee is detailed. ``(d) Appropriations.--(1) There are authorized to be appropriated such sums as may be necessary to carry out this section. ``(2) Details under subsection (a) are subject to the availability of appropriations for such purpose.''. SEC. 5. DETAIL PROGRAM FOR STATE AND LOCAL LAW ENFORCEMENT PERSONNEL TO THE DEPARTMENT OF JUSTICE AND ITS ELEMENTS. (a) Detail.--Notwithstanding any other provision of law-- (1) upon request of the head of State or local law enforcement agency, the Attorney General may detail any employee within the Department of Justice, or any element of the Department, to that State or local law enforcement agency on a nonreimbursable basis; and (2) subject to the approval of the Attorney General, the head of a State or local law enforcement agency may detail any employee of that State or local law enforcement agency to the Department of Justice, or any element of the Department, on a reimbursable basis. (b) Period of Detail.--Details shall be for such periods as are agreed to between the Attorney General and the head of the State or local agency. (c) Benefits, Allowances, Travel, Incentives.--An employee detailed under subsection (a) may be authorized any benefit, allowance, travel, or incentive otherwise provided to enhance staffing by the organization from which the employee is detailed. (d) Appropriations.--(1) There are authorized to be appropriated such sums as may be necessary to carry out this section. (2) Details under subsection (a) are subject to the availability of appropriations for such purpose. SEC. 6. EXPANSION OF LAW ENFORCEMENT SUPPORT CENTER. (a) Expansion of Center.--From amounts made available to carry out this section, the Attorney General shall expand the Law Enforcement Support Center to ensure that all Federal, State, and local law enforcement agencies are able to access the Center. (b) Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

JTTF Enhancement Act of 2001 - Requires the Director of the Federal Bureau of Investigation (FBI) to carry out a program under which the Director maintains in appropriate U.S. regions and localities task forces of law enforcement agents to combat international terrorism. Directs that each task force be comprised of at least one FBI agent and selected Federal, State, and local law enforcement agents.Requires the Director to: (1) make available appropriate training to each participating agent; and (2) reimburse the salary for each participating State and local agent.Expresses the sense of Congress that the Director should expand the program as rapidly as feasible to include at least one task force for each FBI field division.Directs the Attorney General to increase the number of Immigration and Naturalization Service agents available for the program.Amends the Central Intelligence Agency Act of 1949 to authorize a program of detailing Central Intelligence Agency employees with State and local law enforcement agencies.Authorizes a detail program for State and local enforcement personnel to the Department of Justice.Directs the Attorney General to expand the Law Enforcement Support Center to ensure access for all Federal, State, and local law enforcement agencies.

To promote the sharing of personnel between Federal law enforcement agencies and other public law enforcement agencies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bringing Success to Scale Act''. SEC. 2. BRINGING SUCCESS TO SCALE PROGRAM. (a) Academic Achievement Awards Program.--The Secretary is authorized to establish a Bringing Success to Scale program for making academic achievement awards that recognize local educational agencies and schools that meet the requirements described in subsection (b). The Bringing Success to Scale program shall-- (1) award grants that designate and reward as Distinguished School Districts such local educational agencies that have made the greatest gains in closing the achievement gap as described in subsection (b)(1), in order that such local educational agencies may serve as models for and provide support to other school districts; (2) award grants that designate and reward-- (A) as Distinguished Schools such schools that meet the criteria described in subsection (b)(1); and (B) as Distinguished School Support Organizations, school management or support organizations, nonprofit organizations and human capital providers in order to allow them to work in partnerships with the private sector and philanthropic community in order to-- (i) ensure their sustainability and growth; (ii) sustain and expand innovative programs that produce results; and (iii) identify and document the best practices that can be shared with schools and local educational agencies in communities across the country. (b) Requirements.--To receive an award under subsection (a), a local educational agency or school shall-- (1) have significantly closed the achievement gap between the groups of students described in section 1111(b)(2) of the Elementary and Secondary Education Act of 1965; (2) exceeded the State's Annual Measurable Objectives consistent with such section 1111(b)(2) for two or more consecutive years; (3) have made significant improvement on other meaningful data such as graduation rates and increased recruitment and placement of high quality teachers and principals; and (4) demonstrate that they have established partnerships with the private sector, which may include philanthropic organizations, and will provide matching funds in order to help bring results to scale. (c) Criteria.--The Secretary shall select, for awards under subsection (a), local educational agencies and schools based on the following criteria: (1) Demonstrated impact in realizing significant gains in student achievement. (2) Demonstrated improvement in at least one of the following indicators: (A) Increased graduation rates. (B) Increased recruitment and placement of outstanding teachers and principals. (C) Increase in the quality of professional development including facilitating use of formative assessments and use of data to improve instruction and the implementation of these practices into classrooms. (D) Increased parental and community involvement. (3) Demonstrate a clear strategy for taking the implications of their work to scale and a sound organizational and growth plan to expand the impact of the organization or program. (4) Demonstrate the establishment of clear measures of success that will be used in the ongoing evaluation and management of the program. (d) Authorized Activities.--Grant funds provided under this section may be used to carry out the following activities: (1) Expansion of highly successful school management organizations. (2) Supporting the growth of human capital organizations, which could include-- (A) supporting teacher training programs in order to expand the number of teachers they prepare or the number of sites in which they place teachers; and (B) supporting principal training programs in order to expand the number of principals they prepare or the number of sites in which they place principals; including (C) expanding support for residency based training models in order to host more residents through funding more mentors. (3) Supporting the replication of highly successful practices within local educational agencies, which may include-- (A) expanding teacher recruitment, training and development strategies; (B) expanding innovative teacher compensation strategies; (C) supporting principals to become more effective leaders; and (D) supporting and training teachers to be more effective grade level and school leaders and to be more effective in identifying and meeting the specific needs of each child. (4) Promoting more effective parent and community involvement in schools, which could include programs that systematically engage networks of parents to support student learning. (5) Supporting the building and dissemination of educational tools that improve student learning and which could include-- (A) high quality assessment systems that teachers can use to modify instruction; (B) classroom technology aids that help target the learning needs of individual students based on past performance; and (C) supporting technical assistance and training which improves: principals' ability to manage change, teachers' ability to improve achievement, and district teams' ability to implement instructional reform at the school or network level. (6) Supporting nonprofit organizations or local educational agencies working with networks of schools with site-based decisionmaking authority, including supporting guidance, technical assistance, and training for implementing a site- based decisionmaking model and scaling up the best and proven practices from these schools across a school network. (7) Supporting educational support organizations that provide high quality before school, after school, or in school academic, emotional, and behavioral supports that may include-- (A) high quality exposure to arts, athletic, and service opportunities for students; (B) mentoring programs that provide instructional and behavioral support; and (C) wrap-around service programs that provide social, emotional, or behavioral support to students and parents through school or community-based programming. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary.

Bringing Success to Scale Act - Authorizes the Secretary of Education to establish a Bringing Success to Scale program making academic achievement grant awards to local educational agencies (LEAs) and schools that: (1) significantly close the achievement gap between poor, minority, disabled, limited English proficient, and other students; (2) exceed the state's annual measurable academic objectives for two or more consecutive years; (3) make significant improvement on other meaningful data, such as graduation rates and the recruitment of high quality teachers and principals; and (4) demonstrate that they have established partnerships with the private sector and will provide matching funds to help bring results to scale. Designates such LEAs and schools as Distinguished School Districts and Distinguished Schools, respectively. Requires the program to award grants to school management or support organizations, nonprofit organizations, and human capital providers so that they can work in partnership with the private sector and philanthropic community to expand innovative programs that produce results and share best practices with schools and LEAs. Designates such entities as Distinguished School Support Organizations.

To establish the Bringing Success to Scale program in the Department of Education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``High Risk Rural Roads Safety Act of 2011''. SEC. 2. HIGH RISK RURAL ROADS SAFETY PROGRAM. Title 23, United States Code, is amended by inserting after section 149 the following: ``Sec. 150. High risk rural roads safety program ``(a) In General.--The Secretary shall carry out a program to improve the safety of high risk rural roads in accordance with this section. ``(b) High Risk Rural Road Projects.--Funds apportioned to a State under this section may be used for any of the following projects and activities to improve the safety of a high risk rural road: ``(1) A road safety audit. ``(2) An intersection safety improvement. ``(3) Installation of rumble strips or another warning device, if the rumble strips or other warning devices do not adversely affect the safety or mobility of bicyclists, pedestrians, and the disabled. ``(4) An improvement for pedestrian or bicyclist safety or safety of the disabled. ``(5) Construction of a railway-highway crossing safety feature, including installation of protective devices. ``(6) Construction of a traffic calming feature. ``(7) Improvement of highway signage and pavement markings, including to meet minimum levels of retroreflectivity established by the Department of Transportation. ``(8) Installation of a priority control system for emergency vehicles at signalized intersections. ``(9) Installation of a traffic control or other warning device at a location with high accident potential. ``(10) Installation of guardrails, barriers (including barriers between construction work zones and traffic lanes for the safety of motorists and workers), and crash attenuators. ``(11) The addition or retrofitting of structures or other measures to eliminate or reduce accidents involving vehicles and wildlife. ``(12) Installation and maintenance of signs (including fluorescent, yellow-green signs) at pedestrian-bicycle crossings and in school zones. ``(13) Installation of a skid-resistant surface at an intersection or other location with a high frequency of accidents. ``(14) Improvement of an edge drop-off that is greater than 4 inches. ``(15) Spot pavement and shoulder widening. ``(16) Elimination of a roadside obstacle. ``(17) Systemic improvements focusing on low-cost safety infrastructure investments. ``(18) Traffic enforcement or other activities relating to work zone safety. ``(c) Apportionment of Funds.--On October 1 of each fiscal year, the Secretary shall apportion the sums authorized to be appropriated to carry out this section for such fiscal year among the States in accordance with the following: ``(1) 25 percent in the ratio that-- ``(A) the total rural major collector lane miles in each State; bears to ``(B) the total rural major collector lane miles in all States. ``(2) 25 percent in the ratio that-- ``(A) the total rural minor collector lane miles in each State; bears to ``(B) the total rural minor collector lane miles in all States. ``(3) 25 percent in the ratio that-- ``(A) the total rural local road lane miles in each State; bears to ``(B) the total rural local road lane miles in all States. ``(4) 25 percent in the ratio that-- ``(A) the total number of fatalities, in the most recent fiscal year for which data is available, on rural major collector, rural minor collector, and rural local roads in each State; bears to ``(B) the total number of fatalities, in the most recent fiscal year for which data is available, on rural major collector, rural minor collector, and rural local roads in all States. ``(d) Federal Share.--The Federal share of the cost of a high risk rural road project carried out with funds apportioned to a State under this section shall be 90 percent. ``(e) Road Assessment Programs.--Notwithstanding subsection (b), a State may use not more than 1.25 percent or $100,000 of the funds apportioned to the State under this section in a fiscal year, whichever is greater, for a road assessment program, under which any of the following may be carried out to improve the safety of a high risk rural road: ``(1) Risk mapping to document the safety performance of a road. ``(2) Documenting the risk of death or serious injury from an accident with respect to a road, including specifying the locations where that risk is high or low. ``(3) Monitoring changes in the safety performance of a road segment over time and determining how those changes relate to safety improvement activities. ``(4) Examining the effectiveness of road infrastructure improvements with respect to protecting road users from accidents, including accidents that result in death or serious injury. ``(5) Identifying roads eligible to be assisted under subsection (b). ``(6) Identifying cost-effective improvements for a specific road segment. ``(f) Reports.--The Secretary shall submit annually to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing progress made in reducing the number of fatalities and incapacitating injuries on each of the high risk rural roads with respect to which a project was carried out under this section. ``(g) High Risk Rural Road Defined.--In this section, the term `high risk rural road' means any roadway functionally classified as a rural major or minor collector or a rural local road-- ``(1) with respect to which there is a significant likelihood of accidents resulting in fatalities or incapacitating injuries; or ``(2) with respect to which there is a physical condition that presents to users of the roadway an increased risk of an accident, including an accident resulting in a serious injury. ``(h) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $400,000,000 for each of fiscal years 2012 through 2017. Funds made available to carry out this section shall not be transferrable and shall remain available until expended.''. SEC. 3. CONFORMING AMENDMENTS. Section 148 of title 23, United States Code, is amended-- (1) by striking subsection (f); and (2) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively. SEC. 4. CLERICAL AMENDMENT. The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 149 the following: ``150. High risk rural roads safety program.''.

High Risk Rural Roads Safety Act of 2011 - Directs the Secretary of Transportation (DOT) to carry out a program to improve the safety of high risk rural roads. Requires the Secretary to apportion formulated percentages of federal funds to states to carry out specified projects and activities to improve the safety of such roads. Prescribes the federal share of project costs at 90%. Authorizes a state to use not more than 1.25% or $100,000 (whichever is greater) of apportioned funds for a road safety assessment program.

To amend title 23, United States Code, to improve the safety of high risk rural roads, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stealth Lobbyist Disclosure Act of 2002''. SEC. 2. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN COALITIONS AND ASSOCIATIONS. (a) In General.--Paragraph (2) of section 3 of the Lobbying Disclosure Act of 1995 is amended to read as follows: ``(2) Client.-- ``(A) In general.--The term `client' means any person or entity that employs or retains another person for financial or other compensation to conduct lobbying activities on behalf of that person or entity. A person or entity whose employees act as lobbyists on its own behalf is both a client and an employer of such employees. ``(B) Treatment of coalitions and associations.-- ``(i) In general.--Except as provided in clauses (ii) and (iii), in the case of a coalition or association that employs or retains other persons to conduct lobbying activities, each of the individual members of the coalition or association (and not the coalition or association) is the client. For purposes of section 4(a)(3), the preceding sentence shall not apply, and the coalition or association shall be treated as the client. ``(ii) Exception for certain tax-exempt associations.--In case of an association-- ``(I) which is described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, or ``(II) which is described in any other paragraph of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code and which has substantial exempt activities other than lobbying with respect to the specific issue for which it engaged the person filing the registration statement under section 4, the association (and not its members) shall be treated as the client. ``(iii) Exception for certain members.-- ``(I) In general.--Information on a member of a coalition or association need not be included in any registration under section 4 if the amount reasonably expected to be contributed by such member toward the activities of the coalition or association of influencing legislation is less than $1,000 per any semiannual period. ``(II) Exception.--Subclause (I) shall not apply with respect to any member who unexpectedly makes aggregate contributions of more than $1,000 in any semiannual period, and the date the aggregate of such contributions first exceeds $1,000 in such period shall be treated as the date of first employment or retention to make a lobbying contact for purposes of section 4. ``(iv) Look-thru rules.--In the case of a coalition or association which is treated as a client under the first sentence of clause (i)-- ``(I) such coalition or association shall be treated as employing or retaining other persons to conduct lobbying activities for purposes of determining whether any individual member thereof is treated as a client under clause (i), and ``(II) information on such coalition or association need not be included in any registration under section 4 of the coalition or association with respect to which it is treated as a client under clause (i).'' (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to-- (A) coalitions and associations listed on registration statements filed under section 4 of the Lobbying Disclosure Act of 1995 after the date of the enactment of this Act, and (B) coalitions and associations for whom any lobbying contact is made after the date of the enactment of this Act. (2) Special rule.--In the case of any coalition or association to which the amendments made by this Act apply by reason of paragraph (1)(B), the person required by such section 4 to file a registration statement with respect to such coalition or association shall file a new registration statement within 30 days after the date of the enactment of this section.

Stealth Lobbyist Disclosure Act of 2002 - Amends the Lobbying Disclosure Act of 1995 to redefine the term "client" with respect to coalitions and associations on whose behalf a lobbyist must file a registration. Provides that, in the case of a coalition or association that employs or retains other persons to conduct lobbying activities, each of the individual members of the coalition or association, and not the coalition or association itself as under current law, is the client for whom a registration must be filed. Makes an exception for certain tax-exempt associations and for certain members of a coalition or association if the amount reasonably expected to be contributed by such member toward specific legislation-influencing activities of the coalition or association is less than $1,000 per any semiannual period.

To amend the Lobbying Disclosure Act of 1995 to require certain coalitions and associations to disclose their lobbying activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Election Law Integrity Act of 2001''. SEC. 2. FINDINGS AND DECLARATIONS. Congress finds and declares that-- (1) Congress does not intend, and has never intended, to permit foreign nationals to make political contributions or donations to any candidate for local, State, or Federal public office in the United States or to any political party in the United States, directly or indirectly, or to support or participate in the activities of political committees established pursuant to the Federal Election Campaign Act of 1971; (2) to this end, section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e) makes it ``unlawful for a foreign national directly or through another person to make any contribution of money or other thing of value . . . in connection with'' any election to political office or proceeding to select a political candidate; (3) despite this statutory prohibition, its applicability to certain donations by foreign nationals to accounts of political parties has recently been questioned; (4) on October 9, 1998, the United States District Court for the District of Columbia Circuit dismissed portions of a criminal indictment against Yah Lin Trie, in United States v. Yah Lin Trie, based on a judicial determination that the prohibition on political contributions by foreign nationals established by section 319 of the Federal Election Campaign Act of 1971 does not clearly prohibit all political contributions by foreign nationals, particularly, donations by foreign nationals to United States political party accounts not made ``in connection with'' an election or primary; and (5) it is the intent of Congress and this Act to reaffirm that foreign nationals may not make any donation of money or other thing of value to any United States candidate, political committee or party account, directly or indirectly and whether or not made ``in connection with'' an election or primary. SEC. 3. PROHIBITION OF CERTAIN ELECTION-RELATED ACTIVITIES BY FOREIGN NATIONALS. Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e) is amended-- (1) by redesignating subsection (b) as subsection (h); (2) by amending subsection (a) to read as follows: ``(a) It shall be unlawful for a foreign national directly or through any other person to make any contribution or donation, or to promise expressly or impliedly to make any such contribution or donation, to any candidate for political office, any political committee, or any organization or account created or controlled by any United States political party or candidate, including but not limited to contributions or donations made in connection with any election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office.''; and (3) by inserting after subsection (a) the following new subsections: ``(b) It shall be unlawful for any person to solicit, accept, or receive any contribution or donation prohibited under subsection (a). ``(c) It shall be unlawful for any person organized under or created by the laws of the United States or of any State or other place subject to the jurisdiction of the United States to make any contribution to any candidate for political office, or to make any contribution or donation to any political committee or to any organization or account created or controlled by any United States political party, unless such contribution or donation (as the case may be) is derived solely from funds generated from such person's own business activities in the United States. ``(d) A foreign national shall not direct, dictate, control, or directly or indirectly participate in the decision-making process of any person organized under or created by the laws of the United States or any State or other place subject to the jurisdiction of the United States with regard to-- ``(1) any decisionmaking concerning the administration of a political committee; ``(2) the making of any contributions or expenditures to or on behalf of any candidate for political office; or ``(3) the making of any contributions, donations, or expenditures to or on behalf of any political committee, or to or on behalf of any organization or account created or controlled by any United States political party. ``(e) Nothing in this Act may be construed to prohibit any individual eligible to vote in an election for Federal office from making contributions, donations, or expenditures in support of a candidate for such an election (including voluntary contributions or expenditures made through a separate segregated fund established by the individual's employer or labor organization) or otherwise participating in any campaign for such an election in the same manner and to the same extent as any other individual eligible to vote in an election for such office. ``(f) As used in this section, the term `donation' means money or any other thing of value (other than a contribution) which is given to a candidate for public office, political committee, or organization or account created or controlled by any United States political party.''.

Federal Election Law Integrity Act of 2001 - Amends the Federal Election Campaign Act of 1971 to revise the ban on direct or indirect contributions by a foreign national in connection with any election to a political office, or any primary election, convention, or caucus held to select candidates for such an office. Specifies donations as well as contributions under such ban. Extends the ban to cover contributions or donations (or the promise of them) to any political committee, or any organization or account created or controlled by any U.S. political party or candidate.Makes it unlawful for any person to solicit, accept, or receive any such contribution or donation.Prohibits any person organized under or created by Federal or State law from making any contribution to any candidate for political office, or to any political committee or any organization or account created or controlled by any U.S. political party, unless such contribution or donation is derived solely from funds generated from such person's own business activities in the United States.Prohibits any foreign national from directing, dictating, controlling, or directly or indirectly participating in the decisionmaking process of any person organized under or created by Federal or State law with regard to: (1) any decisionmaking concerning the administration of a political committee; (2) the making of any contributions or expenditures to or on behalf of any candidate for political office; or (3) the making of any contributions, donations, or expenditures to or on behalf of any political committee, or any organization or account created or controlled by any United States political party.

To prohibit certain election-related activities by foreign nationals.

SECTION 1. FINDINGS. Congress makes the following findings: (1) Across the United States, family, juvenile, and domestic relations courts experience shortages of qualified attorneys to represent the interests of men, women, and children involved in the court system. (2) The Constitution of the United States provides that everyone charged with a crime is entitled to adequate counsel. (3) In 1967, the Supreme Court held, for the first time, that children were persons under the provisions of the 14th amendment to the Constitution relating to due process and entitled to certain constitutional rights. (4) In the case of In re Gault (387 U.S. 1) (1967), the Supreme Court held that juveniles are entitled to notice of the charges against them, legal counsel, questioning of witnesses, and protection against self-incrimination in a hearing that could result in commitment to an institution. (5) Studies have indicated that many juveniles do not receive the due process protections to which they are entitled. More importantly, they frequently do not receive effective assistance of legal counsel. (6) Lawyers who represent juveniles often labor under enormous caseloads with little training or support staff. (7) Public defenders who represent juveniles have, on average, more than 500 cases per year, with more than 300 of those cases being juvenile cases. (8) Public defenders often lack specialized training in representing juveniles. Approximately one-half of public defender offices do not even have a section devoted to juvenile delinquency practice in their office training manuals. (9) Due to relatively low wages, there is a nationwide shortage of family law attorneys willing to represent juveniles. (10) The shortage of family law attorneys results in a severe, disproportionate, and negative impact upon children, impoverished parents, and victims of domestic violence. (11) Children involved in family court cases are assigned attorneys to protect their interests. Adults are entitled to representation by attorneys. The lack of available representation by family law attorneys causes children to spend more time in foster care because cases are adjourned or postponed due to lack of appropriate representation. Victims of domestic violence seeking protection from their abusers often will remain in the abusive situation, choose to represent themselves, or wait until an attorney becomes available, all of which risk their personal safety. (12) In 1995, 3,100,000 children were reported to child protection agencies as being abused or neglected, which is about double the number reported in 1984. Of these, 996,000 children were confirmed after investigation to be abused or neglected. A 1996 study by the Department of Health and Human Services found that the number of children seriously injured nearly quadrupled between 1986 and 1993 from 141,700 to 565,000. (13) As of 1995, year-end, about 494,000 children were in foster care, a considerable rise from the estimated 280,000 children in foster care at the end of 1986. Most of these children were in foster care because of abuse, neglect, or abandonment by their parents. Many are also placed in foster care due to a court order during a child protection case. (14) Some estimates suggest that in 70 percent of homes where there is domestic violence, there is also child abuse. (15) Children who witness domestic violence can also develop posttraumatic stress disorder, low self-esteem, anxiety, depression, eating disorders, and destructive behavior that can last through adulthood, limiting an individual's ability to achieve academically, socially, and on the job. However, early intervention and education can help prevent further danger to children. (16) Continued adjournment forces victims to repeatedly confront their abusers in court. This not only increases the risk of retribution, but also the chance that the victim will abandon the process because of the burden. (17) Between 1984 and 1994 there was a 65 percent increase in domestic relations cases and a 59 percent increase in the number of juvenile cases. (18) The caseload for child abuse in New York State alone has increased by more than 300 percent between 1984 and 1988. (19) Judges in Chicago hear on average 1,700 delinquency cases per month, and in Los Angeles judges for juvenile cases have about 10 minutes to devote to each case. SEC. 2. PURPOSE. The purposes of this Act are-- (1) to encourage attorneys to enter the field of family law, juvenile law, or domestic relations law; (2) to increase the number of attorneys who will represent low-income families and individuals, and who are trained and educated in such field; and (3) to keep more highly trained family law, juvenile law, and domestic relations attorneys in those fields of law for longer periods of time. SEC. 3. LOAN FORGIVENESS. Part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) is amended by inserting after section 428K (20 U.S.C. 1078-11) the following: ``SEC. 428L. LOAN FORGIVENESS FOR FAMILY LAW, JUVENILE LAW, AND DOMESTIC RELATIONS ATTORNEYS WHO WORK IN THE DEFENSE OF LOW-INCOME FAMILIES, INDIVIDUALS, OR CHILDREN. ``(a) Definitions.--In this section: ``(1) Eligible loan.--The term `eligible loan' means a loan made, insured, or guaranteed under this part or part D (excluding loans made under section 428B or 428C, or comparable loans made under part D) for attendance at a law school. ``(2) Family law or domestic relations attorney.--The term `family law or domestic relations attorney' means an attorney who works in the field of family law or domestic relations, including juvenile justice, truancy, child abuse or neglect, adoption, domestic relations, child support, paternity, and other areas which fall under the field of family law or domestic relations law as determined by State law. ``(3) Highly qualified attorney.--The term `highly qualified attorney' means an attorney who has at least 2 consecutive years of experience in the field of family or domestic relations law serving as a representative of low- income families or minors. ``(b) Demonstration Program.-- ``(1) In general.--The Secretary may carry out a demonstration program of assuming the obligation to repay eligible loans for any new borrower after the date of enactment of this section who-- ``(A) obtains a Juris Doctorate (JD) and takes not less than 1 law school class in family law, juvenile law, domestic relations law, or a class that the Secretary finds equivalent to any such class pursuant to regulations prescribed by the Secretary; and ``(B) has worked full-time for a State or local government entity, or a nonprofit private entity, as a family law or domestic relations attorney on behalf of low-income individuals in the family or domestic relations court system for 2 consecutive years immediately preceding the year for which the determination was made. ``(2) Award basis.--Loan repayment under this section shall be on a first-come, first-served basis and subject to the availability of appropriations. ``(3) Priority.--The Secretary shall give priority in providing loan repayment under this section for a fiscal year to student borrowers who received loan repayment under this section for the preceding fiscal year. ``(c) Loan Repayment.-- ``(1) In general.--For each eligible individual selected for the demonstration program under subsection (b), the Secretary shall assume the obligation to repay-- ``(A) after the third consecutive year of employment described in subparagraph (B) of subsection (b)(1), 20 percent of the total amount of all eligible loans; ``(B) after the fourth consecutive year of such employment, 30 percent of the total amount of all eligible loans; and ``(C) after the fifth consecutive year of such employment, 50 percent of the total amount of all eligible loans. ``(2) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan made under this part or part D. ``(3) Interest.--If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan that accrues for such year shall be repaid by the Secretary. ``(4) Ineligibility of national service award recipients.-- No student borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). ``(d) Repayment to Eligible Lenders.--The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of eligible loans which are subject to repayment pursuant to this section for such year. ``(e) Application for Repayment.-- ``(1) In general.--Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Conditions.--An eligible individual may apply for loan repayment under this section after completing each year of qualifying employment. The borrower shall receive forbearance while engaged in qualifying employment unless the borrower is in deferment while so engaged. ``(f) Evaluation.-- ``(1) In general.--The Secretary shall conduct, by grant or contract, an independent national evaluation of the impact of the demonstration program assisted under this section on the field of family and domestic relations law. ``(2) Competitive basis.--The grant or contract described in this subsection shall be awarded on a competitive basis. ``(3) Contents.--The evaluation described in this subsection shall determine whether the loan forgiveness program assisted under this section-- ``(A) has increased the number of highly qualified attorneys; ``(B) has contributed to increased time on the job for family law or domestic relations attorneys, as measured by-- ``(i) the length of time family law or domestic relations attorneys receiving loan forgiveness under this section have worked in the family law or domestic relations field; and ``(ii) the length of time family law or domestic relations attorneys continue to work in such field after the attorneys meet the requirements for loan forgiveness under this section; ``(C) has increased the experience and the quality of family law or domestic relations attorneys; and ``(D) has contributed to better family outcomes, as determined after consultation with the Secretary of Health and Human Services and the Attorney General. ``(4) Interim and final evaluation reports.--The Secretary shall prepare and submit to the President and Congress such interim reports regarding the evaluation described in this section as the Secretary determines appropriate, and shall prepare and submit a final report regarding the evaluation by September 30, 2010. ``(g) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2006, and such sums as are necessary for each of the 4 succeeding fiscal years.''.

Amends the Higher Education Act of 1965 to establish a demonstration program of student loan forgiveness for highly qualified attorneys who: (1) work for state or local government, or nonprofit private, entities on behalf of low-income families or individuals in the family or domestic relations court system; and (2) have trained and worked in areas including juvenile justice, truancy, child abuse or neglect, adoption, domestic relations, child support, paternity, or others which state law determines to be in the field of family or domestic relations law.

A bill to amend the Higher Education Act of 1965 to provide loan forgiveness for attorneys who represent low-income families or individuals involved in the family or domestic relations court system.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrity in Auditing Act of 2002''. SEC. 2. PROHIBITION ON CONTEMPORANEOUS PERFORMANCE OF AUDIT AND NON- AUDIT SERVICES. (a) In General.--Section 10A of the Securities Exchange Act of 1934 (15 U.S.C. 78j-1) is amended by adding at the end the following: ``(g) Auditor Independence.-- ``(1) Prohibited activities.--An independent public accountant, and any affiliated person thereof, may not provide to any covered issuer, during the same calendar year in which it provides any auditing or related service required by this title for that issuer-- ``(A) any management consulting service; ``(B) any other service that is not related to the audit, except as provided in paragraph (4); or ``(C) any other service that could result in a potential conflict of interest or otherwise impair the independence of the auditor, as determined by the Commission. ``(2) Auditor rotation.--No independent public accountant, or any affiliated person thereof, may provide auditing or related services required by this title for any one covered issuer in any year for more than 7 consecutive years. ``(3) Conflicts of interest.--No independent public accountant, or affiliated person thereof, may become employed in a management or other policymaking position, as determined by the Commission, by any covered issuer for which that accountant or affiliated person provided auditing services required by this title in any capacity during the one-year period preceding the date of employment. ``(4) Tax consulting exception.--Paragraph (1) does not prohibit the provision of tax consulting services to a covered issuer by an independent public accountant or affiliated person thereof contemporaneously with any auditing or related service, with the prior written approval of the audit committee of that issuer, or its equivalent. ``(5) Covered issuers.--In this subsection, the term `covered issuer' means an issuer, the securities of which are registered under section 12.''. (b) Commission Regulations.--Not later than 90 days after the date of enactment of this Act, the Securities and Exchange Commission shall issue final regulations to carry out subsection (g) of section 10A of the Securities Exchange Act of 1934, as added by this section, including, consistent with that subsection-- (1) a definition of the term ``management consulting service'' that includes consulting relating to-- (A) information technology infrastructure design and implementation; (B) organizational behavior; (C) marketing; and (D) business strategy; (2) the identification of other non-audit services prohibited by paragraph (1) of that subsection; and (3) a determination of management and other policymaking positions prohibited by paragraph (3) of that subsection. (c) Effective Date.--The amendments made by this section shall become effective on the date of final issuance of regulations under subsection (b). SEC. 3. DISCLOSURE OF AND LIMITS ON CORPORATE RELATIONSHIPS. (a) Regulations Required.--Not later than 90 days after the date of enactment of this Act, the Commission shall issue final regulations to require that-- (1) together with each financial statement or other report required to be filed with the Commission pursuant to the securities laws, each covered issuer shall disclose the nature, duration, and extent of each relationship described in subsection (b); and (2) the audit committee and compensation committee of each covered issuer shall consist solely of independent directors. (b) Relationships.--For purposes of subsection (a)(1), a relationship described in this subsection is-- (1) a relationship-- (A) by blood, marriage, or adoption, not more remote than first cousin; (B) of any professional nature; and (C) of any financial nature; and (2) a relationship between-- (A) any director, director nominee, an immediate family member of such director or director nominee, or any organization in which such director, director nominee, or immediate family member has an interest; and (B) the covered issuer, any other director or director nominee, any executive officer or executive officer nominee, an immediate family member of such other director, director nominee, executive officer, or executive officer nominee, or any organization in which such other director, director nominee, executive officer nominee, or immediate family member has an interest; (c) Definitions.--As used in this section-- (1) the term ``audit committee'' means a committee of the board of directors of a covered issuer responsible for reviewing-- (A) the financial reports and other financial information provided by that issuer to any governmental body or the public; (B) the systems of that issuer of internal controls regarding finance, accounting, legal compliance, and ethics that management and the board of directors have established; and (C) the auditing, accounting, and financial reporting processes of that issuer generally; (2) the term ``Commission'' means the Securities and Exchange Commission; (3) the term ``compensation committee'' means a committee of the board of directors of a covered issuer responsible for reviewing and setting the compensation of certain executive officers of the issuer; (4) the term ``covered issuer'' means an issuer, as defined in section 3 of the Securities Exchange Age of 1934 (15 U.S.C. 78c), the securities of which are registered pursuant to section 12 of that Act (15 U.S.C. 78l); (5) the terms ``director'' and ``affiliated person'' have the same meanings as in section 3 of the Securities Exchange Age of 1934 (15 U.S.C. 78c); and (6) the term ``independent director'' means an individual director of a covered issuer who is not, or in the 5 years preceding the date of commencement of service as a director, has not been-- (A) employed by that issuer or an affiliated person thereof in an executive capacity; (B) an employee or owner of a firm or other entity that is a paid adviser or consultant to that issuer or an affiliated person thereof; (C) employed by a significant customer or supplier of that issuer or an affiliated person thereof; (D) a party to a personal services contract with that issuer, its chairman, or other executive, officer, or affiliated person thereof; (E) an employee, officer, or director of a foundation, university, or other nonprofit organization that receives significant grants or endowments from that issuer or any affiliated person thereof; (F) a relative of an executive of that issuer or any affiliated person thereof; and (G) part of an interlocking directorate in which any executive officer of that issuer serves on the board of another corporation that employs the director. SEC. 4. SENSE OF THE SENATE REGARDING ENFORCEMENT. It is the sense of the Senate that-- (1) tough enforcement, including criminal prosecution whenever possible, is the most effective deterrent to fraudulent activity; and (2) the Commission should take a firm, swift approach to wrongdoers.

Integrity in Auditing Act of 2002 - Amends the Securities Exchange Act of 1934 to prohibit an independent public accountant from providing: (1) management consulting or any other non-audit-related services during the same calendar year in which it provides auditing services; (2) any service that could either result in a potential conflict of interest, or impair auditor independence; or (3) auditing or related services for an issuer for more than seven consecutive years.Bars an independent public accountant from employment in a management or other policymaking position for an issuer for whom that accountant (or affiliated person) has provided auditing services during the one-year period preceding the date of employment. Permits the performance, however, of tax consulting services contemporaneously with any auditing or related service.Directs the Securities and Exchange Commission to require: (1) issuer disclosure of the nature, extent, and duration of interrelationships between the issuer and the board of directors, senior officers of the corporation, and immediate family members; and (2) the audit committee and compensation committee of an issuer to consist solely of independent directors.Expresses the sense of the Senate that: (1) tough enforcement, including criminal prosecution whenever possible, is the most effective deterrent to fraudulent activity; and (2) the Commission should take a firm, swift approach to wrongdoers.

A bill to ensure the independence of accounting firms that provide auditing services to publicly traded companies and of executives, audit committees, and financial compensation committees of such companies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Future Accountability in Retail Fuel Act'' or the ``FAIR Fuel Act''. SEC. 2. AUTOMATIC TEMPERATURE COMPENSATION EQUIPMENT. (a) In General.-- (1) New motor fuel dispensers.--Beginning 90 days after the issuance of final regulations under subsection (c), all motor fuel dispensers that are newly installed or upgraded at any retail fuel establishment in the United States shall be equipped with automatic temperature compensation equipment to ensure that any volume of gasoline or diesel fuel measured by such dispenser for retail sale is equal to the volume that such quantity of fuel would equal at the time of such sale if the temperature of the fuel was 60 degrees Fahrenheit. (2) Existing motor fuel dispensers.--Not later than 5 years after the issuance of final regulations under subsection (c), all motor fuel dispensers at any retail fuel establishment in the United States shall be equipped with the automatic temperature compensation equipment described in paragraph (1). (b) Inspections.-- (1) Annual inspection.--Beginning on the date described in subsection (a), State inspectors conducting an initial or annual inspection of motor fuel dispensers are authorized to determine if such dispensers are equipped with the automatic temperature compensation equipment required under subsection (a). (2) Notification.--If the State inspector determines that a motor fuel dispenser does not comply with the requirement under subsection (a), the State inspector is authorized to notify the Federal Trade Commission, through an electronic notification system developed by the Commission, of such noncompliance. (3) Follow-up inspection.--Not earlier than 180 days after a motor fuel dispenser is found to be out of compliance with the requirement under subsection (a), the Federal Trade Commission shall coordinate a follow-up inspection of such motor fuel dispenser. (4) Fine.-- (A) In general.--The owner or operator of any retail fuel establishment with a motor fuel dispenser subject to the requirement under subsection (a) that is determined to be out of compliance with such requirement shall be subject to a fine equal to $5,000 for each noncompliant motor fuel dispenser. (B) Additional fine.--If a motor fuel dispenser is determined to be out of compliance during a follow-up inspection, the owner or operator of the retail fuel establishment at which such motor fuel dispenser is located shall be subject to an additional fine equal to $5,000. (5) Use of fines.--Any amounts collected under paragraph (4) shall be deposited into the trust fund established under section 3. (c) Defined Term.--In this Act, the term ``automatic temperature compensation equipment'' has the meaning given the term in the National Institute of Standards and Technology Handbook 44. (d) Rulemaking.-- (1) Commencement.--Not later than 90 days after the date of the enactment of this Act, the Federal Trade Commission, in consultation with the National Institute of Standards and Technology, shall commence a rulemaking procedure to implement the requirement under subsection (a). (2) Final regulations.--Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall issue final regulations to implement the requirement under subsection (a), including specifying which volume correction factor tables shall be used for the range of gasoline and diesel fuel products that are sold to retail customers in the United States. SEC. 3. AUTOMATIC TEMPERATURE COMPENSATION EQUIPMENT GRANT PROGRAM. (a) Establishment of Trust Fund.-- (1) In general.--There is established in the Treasury of the United States a trust fund to be known as the ``Automatic Temperature Compensation Equipment Trust Fund'' (referred to in this section as the ``Trust Fund''). (2) Transfers.--The Secretary of the Treasury shall transfer to the Trust Fund out of the general fund of the Treasury an amount equal to the amount collected as fines under section 2(b)(4). (3) Investment.--The Secretary of the Treasury shall invest such portion of the Trust Fund as is not required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States. (b) Grants Authorized.-- (1) In general.--The Secretary of Commerce is authorized to use amounts in the Trust Fund for grants to owners and operators of retail fuel establishments to offset the costs associated with the installation of automatic temperature compensation equipment on motor fuel dispensers. (2) Maximum amount.--The Secretary may not award a grant under this subsection in excess of-- (A) $1,000 per motor fuel dispenser; or (B) $10,000 per grant recipient. (3) Ineligible companies.--A major integrated oil company (as defined in section 167(h)(5) of the Internal Revenue Code of 1986) is ineligible to receive a grant under this subsection. (4) Use of grant funds.--Grant funds received under this subsection may be used to offset the costs incurred by owners and operators of retail establishments to acquire and install automatic temperature compensation equipment in accordance with the requirement under section 2(a). (5) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection. (c) Reimbursement of State Inspection Costs.--The Secretary of Commerce is authorized to use amounts in the Trust Fund to reimburse States for the costs incurred by the States to-- (1) inspect motor fuel dispensers for compliance with the requirement under section 2(a); and (2) notify the Secretary of Commerce of any noncompliance with such requirement. SEC. 4. SAVINGS PROVISION. (a) In General.--Nothing in this Act may be construed to preempt a State from enacting a law that imposes an equivalent standard or a more stringent standard concerning the retail sale of gasoline at certain temperatures. (b) Defined Term.--In this section, the term ``equivalent standard'' means any standard that prohibits the retail sale of gasoline with energy content per gallon that is different than the energy content of 1 gallon of gasoline stored at 60 degrees Fahrenheit.

Future Accountability in Retail Fuel Act or the FAIR Fuel Act - Requires, after a specified period, all new and existing motor fuel dispensers at retail fuel stations to be equipped with automatic temperature compensation equipment. Requires state inspectors to conduct annual inspections of motor fuel dispensers at such stations and to notify the Federal Trade Commission of any noncompliance with the requirements of this Act. Subjects owners or operators of retail fuel stations who are not in compliance to certain fines. Establishes the Automatic Temperature Compensation Equipment Trust Fund. Authorizes the Secretary of Commerce to use amounts in the Trust Fund to award grants to owners and operators of retail fuel stations to offset the costs for the installation of automatic temperature compensation equipment on motor fuel dispensers.

A bill to require all new and upgraded fuel pumps to be equipped with automatic temperature compensation equipment, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Justice Along the Southwest Border Act of 2010''. SEC. 2. ADDITIONAL JUDGESHIPS FOR CERTAIN JUDICIAL DISTRICTS. (a) In General.--The President shall appoint, by and with the advice and consent of the Senate-- (1) 1 additional district judge for the district of Arizona; (2) 4 additional district judges for the eastern district of California; (3) 4 additional district judges for the central district of California; (4) 4 additional district judges for the northern district of California; (5) 1 additional district judge for the district of New Mexico; (6) 2 additional district judges for the southern district of Texas; (7) 1 additional district judge for the eastern district of Texas; and (8) 4 additional district judges for the western district of Texas. (b) Existing Judgeships.--The existing judgeships for the district of Arizona, the eastern district of Texas, and the district of New Mexico authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107-273, 116 Stat. 1758), as of the effective date of this Act, shall be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code, as amended by this Act. (c) Temporary Judgeship.-- (1) The President shall appoint, by and with the advice and consent of the Senate-- (A) 1 additional judge for the district of Arizona; (B) 1 additional judge for the eastern district of California; (C) 1 additional judge for the central district of California; and (D) 1 additional judge for the northern district of California. (2) The first vacancy in the office of district judge in each judicial district to which a judge is appointed under paragraph (1), occurring 10 years or more after the date of enactment of this Act, shall not be filled. (d) Tables.--In order that the table contained in section 133(a) of title 28, United States Code, will, with respect to each judicial district, reflect the changes in the total number of permanent district judgeships authorized as a result of subsections (a) and (b) of this section, such table is amended-- (1) by striking the item relating to Arizona and inserting the following: ``Arizona....................................................... 14''; (2) by striking the item relating to California and inserting the following: ``California: ...... Northern...................................................... 18 Eastern....................................................... 10 Central....................................................... 31 Southern...................................................... 13''; (3) by striking the item relating to New Mexico and inserting the following: ``New Mexico.................................................... 8''; and (4) by striking the item relating to Texas and inserting the following: ``Texas: ...... Northern...................................................... 12 Southern...................................................... 21 Eastern....................................................... 9 Western....................................................... 17''. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section, including such sums as may be necessary to provide appropriate space and facilities for the judicial positions created by this section. SEC. 3. SPECIAL ASSISTANT UNITED STATES ATTORNEYS' PROGRAM. (a) In General.--The Attorney General shall allocate any amounts appropriated pursuant to the authorization under subsection (c) for the hiring and training of special assistant United States attorneys. (b) Use of Funds.--The funds allocated under subsection (a) shall be used to-- (1) train local prosecutors in techniques used to prosecute border-related offenses cases; (2) train local prosecutors in Federal and State laws relating to border-related offenses; (3) cross-designate local prosecutors as special assistant United States attorneys; and (4) hire additional local prosecutors who-- (A) with the approval of the United States attorney, shall be cross-designated to prosecute both Federal and State border-related offenses cases; and (B) shall be assigned a caseload, whether in State court or Federal court, that gives the highest priority to cases in which-- (i) charges of border-related offenses are submitted by law enforcement for consideration; and (ii) the defendant has been previously convicted of a border-related offense. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. (d) Definition.--In this section, the term ``border-related offense'' means any of the following: (1) Any offense under section 274(a), 274C(e), 275, 276, 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1324(a), 1324c(e), 1325, 1326, 1327, 1328). (2) Any offense under section 545 or 546 of title 18, United States Code, if the relevant merchandise is a controlled substance. (3) Any offense under section 1010, 1012, or 1013 of the Controlled Substances Act (21 U.S.C. 960, 962, 963). (4) Any offense under chapter 69 of title 18, United States Code. (5) Any offense under section 2424 of title 18, United States Code.

Ensuring Justice Along the Southwest Border Act of 2010 - Directs the President to appoint additional district judges for certain judicial districts in Arizona, California, New Mexico, and Texas, including temporary judgeships in Arizona and California. Directs the Attorney General to allocate any amounts appropriated pursuant to this Act for the hiring and training of special assistant U.S. attorneys. Requires such funds to be used to: (1) train local prosecutors in techniques used to prosecute border-related offenses cases; (2) train local prosecutors in federal and state laws relating to border-related offenses; (3) cross-designate local prosecutors as special assistant U.S. attorneys; and (4) hire additional local prosecutors who, with the approval of the U.S. attorney, shall be cross-designated to prosecute both federal and state border-related offenses cases.

To provide for additional district court judges for certain judicial districts, and to provide for the cross-designation of special assistant United States attorneys to prosecute certain border-related offenses, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Reinforcement Act''. TITLE I--ADOPTION ASSISTANCE SEC. 101. REFUNDABLE CREDIT FOR ADOPTION EXPENSES. (a) In General.--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 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. ADOPTION EXPENSES. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year the amount of the qualified adoption expenses paid or incurred by the taxpayer during such taxable year. ``(b) Limitations.-- ``(1) Dollar limitation.--The aggregate amount of qualified adoption expenses which may be taken into account under subsection (a) with respect to the adoption of a child shall not exceed $5,000. ``(2) Income limitation.--The amount allowable as a credit under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount so allowable (determined without regard to this paragraph but with regard to paragraph (1)) as-- ``(A) the amount (if any) by which the taxpayer's adjusted gross income exceeds $60,000, bears to ``(B) $40,000. ``(3) Denial of double benefit.-- ``(A) In general.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowable under any other provision of this chapter. ``(B) Grants.--No credit shall be allowed under subsection (a) for any expense to the extent that funds for such expense are received under any Federal, State, or local program. ``(c) Qualified Adoption Expenses.--For purposes of this section, the term `qualified adoption expenses' means reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related to the legal adoption of a child by the taxpayer and which are not incurred in violation of State or Federal law or in carrying out any surrogate parenting arrangement. The term `qualified adoption expenses' shall not include any expenses in connection with the adoption by an individual of a child who is the child of such individual's spouse. ``(d) Married Couples Must File Joint Returns.--Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this section.'' (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 35 of such Code''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the last item and inserting the following: ``Sec. 35. Adoption expenses. ``Sec. 36. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. TITLE II--ELDERCARE ASSISTANCE SEC. 201. REFUNDABLE CREDIT FOR CUSTODIAL CARE OF CERTAIN DEPENDENTS IN TAXPAYER'S HOME. (a) In General.--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. CREDIT FOR TAXPAYERS WITH CERTAIN PERSONS REQUIRING CUSTODIAL CARE IN THEIR HOUSEHOLDS. ``(a) Allowance of Credit.--In the case of an individual who maintains a household which includes as a member one or more qualified persons, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to $500 for each such person. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified person.--The term `qualified person' means any individual-- ``(A) who is-- ``(i) a father or mother, or stepfather or stepmother, of the taxpayer, his spouse, or his former spouse, or ``(ii) a father or mother, or stepfather or stepmother, of an individual described in clause (i), ``(B) who has been certified by a physician as-- ``(i) being unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (as defined in paragraph (2)), or ``(ii) having a similar level of disability due to cognitive impairment, and ``(C) who has as his principal place of abode for more than half of the taxable year the home of the taxpayer. ``(2) Activities of daily living.--For purposes of paragraph (1), each of the following is an activity of daily living: ``(A) Bathing.--The overall complex behavior of getting water and cleansing the whole body, including turning on the water for a bath, shower, or sponge bath, getting to, in, and out of a tub or shower, and washing and drying oneself. ``(B) Dressing.--The overall complex behavior of getting clothes from closets and drawers and then getting dressed. ``(C) Toileting.--The act of going to the toilet room for bowel and bladder function, transferring on and off the toilet, cleaning after elimination, and arranging clothes. ``(D) Transfer.--The process of getting in and out of bed or in and out of a chair or wheelchair. ``(E) Eating.--The process of getting food from a plate or its equivalent into the mouth. ``(3) Physician.--The term `physician' means a doctor of medicine or osteopathy legally authorized to practice medicine or surgery in the jurisdiction in which he makes the determination under paragraph (1). ``(c) Special Rules.--For purposes of this section, rules similar to the rules of paragraphs (1), (2), (3), and (4) of section 21(e) shall apply. ``(d) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.'' (b) Conforming Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (2) 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. Credit for taxpayers with certain persons requiring custodial care in their households. ``Sec. 37. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995. TITLE III--CHILD PROTECTION SEC. 301. INCREASED PENALTIES FOR USE OF A COMPUTER IN SEXUAL CRIMES AGAINST CHILDREN. The United States Sentencing Commission shall amend the sentencing guidelines applicable to section 2252 of title 18, United States Code, to increase the offense level by 2 levels if a computer was used in the transporting or shipment of the visual depiction. SEC. 302. MANDATORY MINIMUM SENTENCE FOR PROSTITUTION OF CHILDREN. Section 2423 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``or imprisoned not more than ten years, or both.'' and inserting ``and imprisoned not less than 3 nor more than 10 years.''; and (2) in subsection (b), by striking ``, imprisoned not more than 10 years, or both.'' and inserting ``and imprisoned not less than 3 nor more than 10 years.''. SEC. 303. SENTENCING GUIDELINES RELATING TO PROSTITUTION OF CHILDREN. The United States Sentencing Commission shall amend the sentencing guidelines applicable to section 2423 of title 18, United States Code, to assure that an increase in the age of the child who is the victim of the offense does not result in a lighter punishment. SEC. 304. INCREASE IN PENALTY FOR SEXUAL ABUSE OF A MINOR. Section 2243(a) of title 18, United States Code, is amended by inserting ``less than 3 nor'' after ``imprisoned not''. SEC. 305. INCREASE IN PENALTY FOR SEXUAL ABUSE OF A WARD. Section 2243(b) of title 18, United States Code, is amended by striking ``more than one year'' and inserting ``less than 3 nor more than 15 years''. TITLE IV--FAMILY PRIVACY PROTECTION SEC. 401. FAMILY PRIVACY PROTECTION. (a) Notwithstanding any other provision of law, no program or activity funded in whole in or part by any Federal department or agency shall require a minor to submit to a survey, analysis, or evaluation that reveals information concerning: (1) parental political affiliations; (2) mental or psychological problems potentially embarrassing to the minor or his family; (3) sexual behavior or attitudes; (4) illegal, anti-social, self-incriminating, or demeaning behavior; (5) appraisals of other individuals with whom the minor has a familial relationship; (6) relationships that are legally recognized as privileged, such as those with lawyers, physicians, and members of the clergy; (7) the minor's household income, other than information required by law to determine eligibility for participation in a program or for receiving financial assistance from a program; or (8) religious beliefs, without the written consent of at least one of the minor's parents or guardians or, in the case of an emancipated minor, the prior consent of the minor himself. (b) Subsection (a) shall not apply to tests intended to measure academic performance except to the extent that such tests would require a minor to reveal information listed in paragraphs (1) through (6) of subsection (a). SEC. 402. NOTIFICATION PROCEDURES. A department or agency which, in whole or in part, supports a program or activity involving any survey, analysis, or evaluation of minors shall establish procedures by which the department or agency, or its grantees, shall notify minors and their parents of their rights under this title. SEC. 403. EFFECTIVE DATE. This title shall take effect 30 days after the date of the enactment of this Act. TITLE V--CHILD SUPPORT ENFORCEMENT SEC. 501. ENFORCEMENT OF CHILD SUPPORT ORDERS. (a) In General.--Section 1738A of title 28, United States Code, is amended-- (1) in subsection (a) by inserting ``or child support order'' after ``child custody determination''; (2) in subsection (b)-- (A) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and (B) by inserting after paragraph (1) the following new paragraph: ``(2) `child support order' means a judgment, decree, or order of a court requiring the payment of money, whether in periodic amounts or lump sum, for the support of a child and includes permanent and temporary orders, initial orders and modifications, on-going support and arrearages;''; (3) in subsection (c)-- (A) in the first sentence by inserting ``or child support order'' after ``child custody determination''; and (B) in paragraph (2)(D)(i) by inserting ``or support'' after ``determine the custody''; (4) in subsection (d), by striking out ``the requirement of subsection (c)(1) of this section continues to be met and''; and (5) in subsection (f)(2), by inserting ``as described under subsection (d) of this section,'' after ``no longer has jurisdiction,''. (b) Technical and Conforming Amendments.--(1) The heading for section 1738A of title 28, United States Code, is amended to read as follows: ``SEC. 1738A. FULL FAITH AND CREDIT GIVEN TO CHILD CUSTODY DETERMINATIONS AND CHILD SUPPORT ORDERS.''. (2) The table of sections for chapter 115 of title 28, United States Code, is amended by striking out the item relating to section 1738A and inserting in lieu thereof: ``1738A. Full faith and credit given to child custody determinations and child support orders.''. (c) Effective Date.--The amendments made by this section shall be effective on and after the date of the enactment of this Act. SEC. 502. UNIFORM TERMS IN ORDERS. (a) In General.--Section 452(a) of the Social Security Act (42 U.S.C. 652(a)) is amended-- (1) in paragraph (9), by striking ``and'' after the semicolon; (2) in paragraph (10), by striking the period at the end of the 2nd sentence and inserting ``; and''; and (3) by adding at the end the following: ``(11) develop, in conjunction with State executive and judicial organizations, a uniform abstract of a child support order, for use by all State courts to record in each child support order-- ``(A) the date support payments are to begin under the order; ``(B) the circumstances upon which support payments are to end under the order; ``(C) the amount of child support payable pursuant to the order expressed as a sum certain to be paid on a monthly basis, arrearages expressed as a sum certain as of a certain date, and any payback schedule for the arrearages; ``(D) whether the order awards support in a lump sum (nonallocated) or per child; ``(E) if the award is in a lump sum, the event causing a change in the support award and the amount of any change; ``(F) other expenses covered by the order; ``(G) the names of the parents subject to the order; ``(H) the social security account numbers of the parents; ``(I) the name, date of birth, and social security account number (if any) of each child covered by the order; ``(J) the identification (FIPS code, name, and address) of the court that issued the order; ``(K) any information on health care support required by the order; and ``(L) the party to contact if additional information is obtained.''. SEC. 503. WORK REQUIREMENT FOR NONCUSTODIAL PARENTS WITH CHILD SUPPORT ARREARAGES. Section 466(a) of the Social Security Act (42 U.S.C. 666(a)) is amended by inserting after paragraph (11) the following: ``(12) Procedures requiring that-- ``(A) upon a determination by the State agency referred to in section 402(a)(3) that the noncustodial parent of any child who is applying for or receiving aid under the State plan approved under part A owes child support (as defined in section 462(b)) with respect to the child, is in arrears in the payment of such support in an amount that is not less than twice the amount of the monthly child support obligation, is not incapacitated, and is not subject to a court- approved plan for payment of such arrearage, the State agency referred to in section 402(a)(3) send to the noncustodial parent a letter notifying the noncustodial parent that the noncustodial parent-- ``(i) is required to pay child support with respect to the child; and ``(ii) is subject to fines and other penalties for failure to pay the full amount of such support in a timely manner; and ``(B) if, by the end of the 30-day period that begins with the date the letter is sent pursuant to subparagraph (A), the amount of the arrearage has not decreased by at least a percentage amount specified by the State agency, the State seek a court order requiring the noncustodial parent-- ``(i) to participate in a job search program established by the State, for not less than 2 weeks and not more than 4 weeks; and ``(ii) if, by the end of the 30-day period beginning on the date the order is entered, the amount of the arrearage has not decreased by at least a percentage amount specified by the State agency, to participate in a work program established by the State, for not less than 35 hours per week (or, if the program also requires job search, for not less than 30 hours per week).''.

TABLE OF CONTENTS: Title I: Adoption Assistance Title II: Eldercare Assistance Title III: Child Protection Title IV: Family Privacy Protection Title V: Child Support Enforcement Family Reinforcement Act - Title I: Adoption Assistance - Amends the Internal Revenue Code to allow an income tax credit for up to $5,000 of qualified adoption expenses paid or incurred by the taxpayer during the taxable year. Sets forth a formula for reduction of such credit for taxpayers whose adjusted gross income exceeds $60,000. Denies such a credit for any expense for which a deduction or credit is allowable under another Code provision. (Sec. 101) Defines "qualified adoption expenses" as reasonable and necessary adoption fees, court costs, attorney's fees, and other lawful expenses directly related to legal adoption of a child, but not any expenses paid from any funds received under a Federal, State, or local program. Disqualifies for such a credit any expenses in connection with the adoption of a child of the taxpayer's spouse. Title II: Eldercare Assistance - Allows an individual taxpayer an income tax credit of $500 for each member of the household maintained by the taxpayer who: (1) is the taxpayer's, or taxpayer's spouse's, parent or stepparent; (2) is certified by a physician as unable to perform (without substantial assistance from another individual) at least two activities of daily living (bathing, dressing, toileting, transferring in and out of a bed or chair, and eating), or has a similar level of disability due to cognitive impairment; and (3) has the taxpayer's home as his or her principal place of abode for more than half the taxable year. Title III: Child Protection - Directs the United States Sentencing Commission to amend the sentencing guidelines with respect to the sexual exploitation and abuse of children to increase the offense level by two levels if a computer was used in the transportation or shipment of a visual depiction of the child. (Sec. 302) Establishes a mandatory minimum sentence of three years for transporting an individual under 18 years of age for prostitution purposes. (Sec. 303) Directs the United States Sentencing Commission to amend the sentencing guidelines with respect to the transporting of an individual under 18 years of age for prostitution purposes. Requires such guidelines to assure that an increase in the age of the child who is the victim of the offense does not result in a lighter punishment. (Sec. 304) Requires: (1) a minimum three-year imprisonment for sexual abuse of a minor; and (2) a minimum three-year to maximum 15- year imprisonment for sexual abuse of a ward. Title IV: Family Privacy Protection - Declares that no program or activity funded wholly or partially by any Federal department or agency shall require a minor to submit without written parental or guardian consent (or, if the minor is emancipated, without the minor's own prior consent) to a survey, analysis, or evaluation that reveals information concerning: (1) parental political affiliations; (2) potentially embarrassing mental or psychological problems; (3) sexual behavior or attitudes; (4) illegal, anti-social, self-incriminating, or demeaning behavior; (5) appraisals of other individuals with whom the minor has a familial relationship; (6) relationships legally recognized as privileged, such as those with lawyers, physicians, and clergy; (7) the minor's household income (except as required by law to determine eligibility for participation in a program or for receipt of program financial assistance); or (8) religious beliefs. Exempts from this prohibition tests intended to measure academic performance, except as they would require information listed in (1) through (6). Prescribes agency notice requirements. Title V: Child Support Enforcement - Amends the Federal judicial code to require the appropriate authorities of every State to enforce child support orders of another State without modification. (Sec. 502) Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to require a specified designee of the Secretary of Health and Human Services to develop, in conjunction with State executive and judicial organizations, a uniform abstract of a child support order, for use by all State courts to record specified terms in each child support order. (Sec. 503) Directs States to enact procedures subjecting noncustodial parents with certain child support arrearages with respect to a child receiving Aid to Families With Dependent Children (AFDC) to civil penalties and job search and work program participation requirements until such arrearages are reduced by a specified percentage.

Family Reinforcement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Interagency Coordination for Review of Natural Gas Pipelines Act''. SEC. 2. FERC PROCESS COORDINATION FOR NATURAL GAS PIPELINE PROJECTS. (a) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Energy Regulatory Commission. (2) Federal authorization.--The term ``Federal authorization'' has the meaning given that term in section 15(a) of the Natural Gas Act (15 U.S.C. 717n(a)). (3) NEPA review.--The term ``NEPA review'' means the process of reviewing a proposed Federal action under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). (4) Project-related nepa review.--The term ``project- related NEPA review'' means any NEPA review required to be conducted with respect to the issuance of an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act. (b) Commission NEPA Review Responsibilities.--In acting as the lead agency under section 15(b)(1) of the Natural Gas Act for the purposes of complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act, the Commission shall, in accordance with this section and other applicable Federal law-- (1) be the only lead agency; (2) coordinate as early as practicable with each agency designated as a participating agency under subsection (d)(3) to ensure that the Commission develops information in conducting its project-related NEPA review that is usable by the participating agency in considering an aspect of an application for a Federal authorization for which the agency is responsible; and (3) take such actions as are necessary and proper to facilitate the expeditious resolution of its project-related NEPA review. (c) Deference to Commission.--In making a decision with respect to a Federal authorization required with respect to an application for authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act, each agency shall give deference, to the maximum extent authorized by law, to the scope of the project-related NEPA review that the Commission determines to be appropriate. (d) Participating Agencies.-- (1) Identification.--The Commission shall identify, as early as practicable after it is notified by a person applying for an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act, any Federal or State agency, local government, or Indian Tribe that may issue a Federal authorization or is required by Federal law to consult with the Commission in conjunction with the issuance of a Federal authorization required for such authorization or certificate. (2) Invitation.-- (A) In general.--The Commission shall invite any agency identified under paragraph (1) to participate in the review process for the applicable Federal authorization. (B) Deadline.--An invitation issued under subparagraph (A) shall establish a deadline by which a response to the invitation shall be submitted to the Commission, which may be extended by the Commission for good cause. (3) Designation as participating agencies.--The Commission shall designate an agency identified under paragraph (1) as a participating agency with respect to an application for authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act unless the agency informs the Commission, in writing, by the deadline established pursuant to paragraph (2)(B), that the agency-- (A) has no jurisdiction or authority with respect to the applicable Federal authorization; (B) has no special expertise or information relevant to any project-related NEPA review; or (C) does not intend to submit comments for the record for the project-related NEPA review conducted by the Commission. (4) Effect of non-designation.-- (A) Effect on agency.--Any agency that is not designated as a participating agency under paragraph (3) with respect to an application for an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act may not request or conduct a NEPA review that is supplemental to the project-related NEPA review conducted by the Commission, unless the agency-- (i) demonstrates that such review is legally necessary for the agency to carry out responsibilities in considering an aspect of an application for a Federal authorization; and (ii) requires information that could not have been obtained during the project-related NEPA review conducted by the Commission. (B) Comments; record.--The Commission shall not, with respect to an agency that is not designated as a participating agency under paragraph (3) with respect to an application for an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act-- (i) consider any comments or other information submitted by such agency for the project-related NEPA review conducted by the Commission; or (ii) include any such comments or other information in the record for such project- related NEPA review. (e) Schedule.-- (1) Deadline for federal authorizations.--A deadline for a Federal authorization required with respect to an application for authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act set by the Commission under section 15(c)(1) of such Act shall be not later than 90 days after the Commission completes its project-related NEPA review, unless an applicable schedule is otherwise established by Federal law. (2) Concurrent reviews.--Each Federal and State agency-- (A) that may consider an application for a Federal authorization required with respect to an application for authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act shall formulate and implement a plan for administrative, policy, and procedural mechanisms to enable the agency to ensure completion of Federal authorizations in compliance with schedules established by the Commission under section 15(c)(1) of such Act; and (B) in considering an aspect of an application for a Federal authorization required with respect to an application for authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act, shall-- (i) formulate and implement a plan to enable the agency to comply with the schedule established by the Commission under section 15(c)(1) of such Act; (ii) carry out the obligations of that agency under applicable law concurrently, and in conjunction with, the project-related NEPA review conducted by the Commission, and in compliance with the schedule established by the Commission under section 15(c)(1) of such Act, unless the agency notifies the Commission in writing that doing so would impair the ability of the agency to conduct needed analysis or otherwise carry out such obligations; (iii) transmit to the Commission a statement-- (I) acknowledging receipt of the schedule established by the Commission under section 15(c)(1) of the Natural Gas Act; and (II) setting forth the plan formulated under clause (i) of this subparagraph; (iv) not later than 30 days after the agency receives such application for a Federal authorization, transmit to the applicant a notice-- (I) indicating whether such application is ready for processing; and (II) if such application is not ready for processing, that includes a comprehensive description of the information needed for the agency to determine that the application is ready for processing; (v) determine that such application for a Federal authorization is ready for processing for purposes of clause (iv) if such application is sufficiently complete for the purposes of commencing consideration, regardless of whether supplemental information is necessary to enable the agency to complete the consideration required by law with respect to such application; and (vi) not less often than once every 90 days, transmit to the Commission a report describing the progress made in considering such application for a Federal authorization. (3) Failure to meet deadline.--If a Federal or State agency, including the Commission, fails to meet a deadline for a Federal authorization set forth in the schedule established by the Commission under section 15(c)(1) of the Natural Gas Act, not later than 5 days after such deadline, the head of the relevant Federal agency (including, in the case of a failure by a State agency, the Federal agency overseeing the delegated authority) shall notify Congress and the Commission of such failure and set forth a recommended implementation plan to ensure completion of the action to which such deadline applied. (f) Consideration of Applications for Federal Authorization.-- (1) Issue identification and resolution.-- (A) Identification.--Federal and State agencies that may consider an aspect of an application for a Federal authorization shall identify, as early as possible, any issues of concern that may delay or prevent an agency from working with the Commission to resolve such issues and granting such authorization. (B) Issue resolution.--The Commission may forward any issue of concern identified under subparagraph (A) to the heads of the relevant agencies (including, in the case of an issue of concern that is a failure by a State agency, the Federal agency overseeing the delegated authority, if applicable) for resolution. (2) Remote surveys.--If a Federal or State agency considering an aspect of an application for a Federal authorization requires the person applying for such authorization to submit data, the agency shall consider any such data gathered by aerial or other remote means that the person submits. The agency may grant a conditional approval for the Federal authorization based on data gathered by aerial or remote means, conditioned on the verification of such data by subsequent onsite inspection. (3) Application processing.--The Commission, and Federal and State agencies, may allow a person applying for a Federal authorization to fund a third-party contractor to assist in reviewing the application for such authorization. (g) Accountability, Transparency, Efficiency.--For an application for an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act that requires multiple Federal authorizations, the Commission, with input from any Federal or State agency considering an aspect of the application, shall track and make available to the public on the Commission's website information related to the actions required to complete the Federal authorizations. Such information shall include the following: (1) The schedule established by the Commission under section 15(c)(1) of the Natural Gas Act. (2) A list of all the actions required by each applicable agency to complete permitting, reviews, and other actions necessary to obtain a final decision on the application. (3) The expected completion date for each such action. (4) A point of contact at the agency responsible for each such action. (5) In the event that an action is still pending as of the expected date of completion, a brief explanation of the reasons for the delay. SEC. 3. PIPELINE SECURITY. In considering an application for an authorization under section 3 of the Natural Gas Act or a certificate of public convenience and necessity under section 7 of such Act, the Federal Energy Regulatory Commission shall consult with the Administrator of the Transportation Security Administration regarding the applicant's compliance with security guidance and best practice recommendations of the Administration regarding pipeline infrastructure security, pipeline cybersecurity, pipeline personnel security, and other pipeline security measures. Passed the House of Representatives July 19, 2017. Attest: KAREN L. HAAS, Clerk.

Promoting Interagency Coordination for Review of Natural Gas Pipelines Act (Sec.2)This bill expands the authority of the Federal Energy Regulatory Commission (FERC)to act as the lead agency for the purpose of coordinating all applicable federal authorizations and environmental reviews under the National Environmental Policy Act of 1969 (NEPA) with respect to authorizing a natural gas pipeline project under the Natural Gas Act. Federal, state, and local agencies involved in the environmental review process must defer to FERC's approved scope for a NEPA review. FERC must invite and designate the other participating agencies involved in the authorization process. A federal, state, or local agency may not participate if it informs FERC that it does not have the necessary authority or expertise, or does not intend to submit comments. An agency that is not designated may not request or conduct an environmental review unless it is legally required to do so and the agency requires information that FERC could not obtain through its NEPA review. The bill establishes a 90-day deadline to complete an authorization application for other authorizing agencies and requires concurrent reviews when multiple agencies are involved in the authorization process.If a federal or state agency considering an aspect of an application for authorization requires the person applying for such authorization to submit data, the agency must consider any such data gathered by aerial or other remote means that the person submits. FERC must track and publicly display on its website specific information related to the actions required to complete an authorization.The information shall include:(1)the review schedule established by FERC under the Natural Gas Act;(2)a list of all the actions required by each applicable agency to complete permitting, reviews, and other actions necessary to obtain a final decision on the application;(3)the expected completion date for each such action;(4)a point of contact at the agency responsible for each such action;and(5)in the event that an action is still pending as of the expected date of completion, a brief explanation of the reasons for the delay. (Sec.3)In considering an application for an authorization or a certificate of public convenience and necessity under the Natural Gas Act, FERC shall consult with the Transportation Security Administration regarding an applicant's compliance with security guidance and for best practice recommendations regarding pipeline infrastructure security, pipeline cybersecurity, pipeline personnel security, and other pipeline security measures.

Promoting Interagency Coordination for Review of Natural Gas Pipelines Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assistive Technology Information Act of 1998''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--The Congress finds the following: (1) Assistive technology devices and services enable individuals with disabilities to assume greater control over their lives and to contribute more fully to society. (2) Rapid advancements in assistive technology continue to provide important new tools to help individuals with disabilities to become more independent and participate in activities related to home, school, work, and community. (3) Although substantial progress has been made in both the development of new assistive technology devices and the transfer and adaptation of existing assistive technology, information relating to assistive technology devices is often difficult to find and inconsistent. (b) Purpose.--The purpose of this Act is to establish a national public Internet site to provide to individuals with disabilities and the general public increased access to information on technology- related assistance and other related disability resources under title II of the Technology-Related Assistance for Individuals With Disabilities Act of 1988 (29 U.S.C. 2231 et seq.), including information on assistive technology devices and assistive technology services. SEC. 3. ESTABLISHMENT OF NATIONAL PUBLIC INTERNET SITE FOR INCREASED ACCESS TO INFORMATION UNDER THE TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES ACT OF 1988. (a) In General.--Title II of the Technology-Related Assistance for Individuals With Disabilities Act of 1988 (29 U.S.C. 2231 et seq.) is amended-- (1) by redesignating subtitle C as subtitle D; (2) by redesignating section 221 as section 231; and (3) by inserting after subtitle B the following: ``Subtitle C--Internet Site for Increased Access to Information on Technology-Related Assistance ``SEC. 221. ESTABLISHMENT OF INTERNET SITE. ``(a) In General.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall enter into a contract with an institution of higher education described in subsection (b) to establish a national public Internet site for the purpose of providing to individuals with disabilities and the general public increased access to information on technology-related assistance and other related disability resources under this Act, including information on assistive technology devices and assistive technology services. ``(b) Institution of Higher Education.--An institution of higher education described in this subsection is an institution of higher education that has a curriculum focus in science and engineering at the undergraduate and graduate education levels and that has an existing multidisciplinary research center and with demonstrated expertise in-- ``(1) assistive technology and `intelligent agent' interactive information dissemination systems; ``(2) managing libraries of assistive technologies and disability resources; ``(3) delivering education, information, and referral services to individuals with disabilities, including technology-based curriculum development for adults with low- level reading skills; ``(4) developing cooperative partnerships with the private sector, particularly with private sector computer software and hardware and Internet services entities; and ``(5) advanced Internet site development and design. ``(c) Features of Internet Site.--The national public Internet site described in subsection (a) shall contain the following features: ``(1) Any member of the public may obtain information posted on the site at any time. ``(2) The site shall be constructed with an innovative automated `intelligent agent' that is a diagnostic tool for assisting users in problem definition and the selection of appropriate assistive technology devices and assistive technology services resources. ``(3)(A) The site shall include access to a comprehensive working library on assistive technology for all environments, including the home, workplace, transportation, and other environments. ``(B) The site shall include resources for the largest number of disabilities, including resources relating to low- level reading skills. ``(4) To the extent feasible, relevant private sector resources and information shall be linked to the site under agreements developed between the university and cooperating private sector entities. ``SEC. 222. APPLICATION. ``The Secretary may not enter into a contract under section 221 with an institution of higher education unless the institution submits to the Secretary an application in such form and containing such information as the Secretary may require. ``SEC. 223. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this subtitle-- ``(1) $1,042,000 for fiscal year 1999; ``(2) $1,023,000 for fiscal year 2000; ``(3) $998,000 for fiscal year 2001; ``(4) $543,000 for fiscal year 2002; and ``(5) $565,000 for fiscal year 2003. ``(b) Availability.--Amounts authorized to be appropriated under subsection (a) are authorized to remain available until expended. ``SEC. 224. DEFINITION. ``As used in this subtitle, the term `Internet' means the international computer network of both Federal and non-Federal interoperable packet-switched data networks.''. (b) Conforming Amendment.--Section 231 of such Act, as redesignated by subsection (a)(2), is amended by inserting ``(except subtitle C)'' after ``to carry out this title''.

Assistive Technology Information Act of 1998 - Amends the Technology-Related Assistance for Individuals With Disabilities Act of 1988 to direct the Secretary of Education to contract with an institution of higher education to establish a national public Internet site for providing to individuals with disabilities and the general public increased access to information on technology-related assistance and other related disability resources under the Act, including information on assistive technology devices and services. Requires the institution chosen to have demonstrated experience in assistive technology, among other requirements. Outlines information features required on the Internet site. Authorizes appropriations for FY 1999 through 2003.

Assistive Technology Information Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Stop Asset and Vehicle Excess Act'' or the ``DHS SAVE Act''. SEC. 2. DHS VEHICLE FLEETS. Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended-- (1) in subsection (a)(5), by inserting ``vehicle fleets (under subsection (c)),'' after ``equipment,''; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (3) by inserting after subsection (b) the following new subsection: ``(c) Vehicle Fleets.-- ``(1) In general.--In carrying out responsibilities regarding vehicle fleets pursuant to subsection (a)(5), the Under Secretary for Management shall be responsible for overseeing and managing vehicle fleets throughout the Department. The Under Secretary shall also be responsible for the following: ``(A) Ensuring that components are in compliance with Federal law, Federal regulations, executive branch guidance, and Department policy (including issuing guidance relating to such) relating to fleet management and use of vehicles from home to work. ``(B) Developing and distributing a standardized vehicle allocation methodology and fleet management plan for components to use to determine optimal fleet size in accordance with paragraph (4). ``(C) Ensuring that components formally document fleet management decisions. ``(D) Approving component fleet management plans, vehicle leases, and vehicle acquisitions. ``(2) Component responsibilities.-- ``(A) In general.--Component heads-- ``(i) shall-- ``(I) comply with Federal law, Federal regulations, executive branch guidance, and Department policy (including guidance relating to such) relating to fleet management and use of vehicles from home to work; ``(II) ensure that data related to fleet management is accurate and reliable; ``(III) use such data to develop a vehicle allocation tool derived by using the standardized vehicle allocation methodology provided by the Under Secretary for Management to determine the optimal fleet size for the next fiscal year and a fleet management plan; and ``(IV) use vehicle allocation methodologies and fleet management plans to develop annual requests for funding to support vehicle fleets pursuant to paragraph (6); and ``(ii) may not, except as provided in subparagraph (B), lease or acquire new vehicles or replace existing vehicles without prior approval from the Under Secretary for Management pursuant to paragraph (5)(B). ``(B) Exception regarding certain leasing and acquisitions.--If exigent circumstances warrant such, a component head may lease or acquire a new vehicle or replace an existing vehicle without prior approval from the Under Secretary for Management. If under exigent circumstances a component head so leases, acquires, or replaces a vehicle, such component head shall provide to the Under Secretary an explanation of such circumstances. ``(3) Ongoing oversight.-- ``(A) Quarterly monitoring.--In accordance with paragraph (4), the Under Secretary for Management shall collect, on a quarterly basis, information regarding component vehicle fleets, including information on fleet size, composition, cost, and vehicle utilization. ``(B) Automated information.--The Under Secretary for Management shall seek to achieve a capability to collect, on a quarterly basis, automated information regarding component vehicle fleets, including the number of trips, miles driven, hours and days used, and the associated costs of such mileage for leased vehicles. ``(C) Monitoring.--The Under Secretary for Management shall track and monitor component information provided pursuant to subparagraph (A) and, as appropriate, subparagraph (B), to ensure that component vehicle fleets are the optimal fleet size and cost effective. The Under Secretary shall use such information to inform the annual component fleet analyses referred to in paragraph (4). ``(4) Annual review of component fleet analyses.-- ``(A) In general.--To determine the optimal fleet size and associated resources needed for each fiscal year beginning with fiscal year 2018, component heads shall annually submit to the Under Secretary for Management a vehicle allocation tool and fleet management plan using information described in paragraph (3)(A). Such tools and plans may be submitted in classified form if a component head determines that such is necessary to protect operations or mission requirements. ``(B) Vehicle allocation tool.--Component heads develop a vehicle allocation tool in accordance with subclause (III) of paragraph (2)(A)(i) that includes an analysis of the following: ``(i) Vehicle utilization data, including the number of trips, miles driven, hours and days used, and the associated costs of such mileage for leased vehicles, in accordance with such paragraph. ``(ii) The role of vehicle fleets in supporting mission requirements for each component. ``(iii) Any other information determined relevant by such component heads. ``(C) Fleet management plans.--Component heads shall use information described in subparagraph (B) to develop a fleet management plan for each such component. Such fleet management plans shall include the following: ``(i) A plan for how each such component may achieve optimal fleet size determined by the vehicle allocation tool required under such subparagraph, including the elimination of excess vehicles in accordance with paragraph (5), if applicable. ``(ii) A cost benefit analysis supporting such plan. ``(iii) A schedule each such component will follow to obtain optimal fleet size. ``(iv) Any other information determined relevant by component heads. ``(D) Review.--The Under Secretary for Management shall review and make a determination on the results of each component's vehicle allocation tool and fleet management plan under this paragraph to ensure each such component's vehicle fleets are the optimal fleet size and that components are in compliance with applicable Federal law, Federal regulations, executive branch guidance, and Department policy pursuant to paragraph (2) relating to fleet management and use of vehicles from home to work. The Under Secretary shall use such tools and plans when reviewing annual component requests for vehicle fleet funding in accordance with paragraph (6). ``(5) Guidance to develop fleet management plans.--The Under Secretary for Management shall provide guidance, pursuant to paragraph (1)(B) on how component heads may achieve optimal fleet size in accordance with paragraph (4), including processes for the following: ``(A) Leasing or acquiring additional vehicles or replacing existing vehicles, if determined necessary. ``(B) Disposing of excess vehicles that the Under Secretary determines should not be reallocated under subparagraph (C). ``(C) Reallocating excess vehicles to other components that may need temporary or long-term use of additional vehicles. ``(6) Annual review of vehicle fleet funding requests.--As part of the annual budget process, the Under Secretary for Management shall review and make determinations regarding annual component requests for funding for vehicle fleets. If component heads have not taken steps in furtherance of achieving optimal fleet size in the prior fiscal year pursuant to paragraphs (4) and (5), the Under Secretary shall provide rescission recommendations to the Committee on Appropriations and the Committee on Homeland Security of the House of Representatives and the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the Senate regarding such component vehicle fleets. ``(7) Accountability for vehicle fleet management.-- ``(A) Prohibition on certain new vehicle leases and acquisitions.--The Under Secretary for Management and component heads may not approve in any fiscal year beginning with fiscal year 2019 a vehicle lease, acquisition, or replacement request if such component heads did not comply in the prior fiscal year with paragraph (4). ``(B) Prohibition on certain performance compensation.--No Department official with vehicle fleet management responsibilities may receive annual performance compensation in pay in any fiscal year beginning with fiscal year 2019 if such official did not comply in the prior fiscal year with paragraph (4). ``(C) Prohibition on certain car services.-- Notwithstanding any other provision of law, no senior executive service official of the Department whose office has a vehicle fleet may receive access to a car service in any fiscal year beginning with fiscal year 2019 if such official did not comply in the prior fiscal year with paragraph (4). ``(8) Motor pool.-- ``(A) In general.--The Under Secretary for Management may determine the feasibility of operating a vehicle motor pool to permit components to share vehicles as necessary to support mission requirements to reduce the number of excess vehicles in the Department. ``(B) Requirements.--The determination of feasibility of operating a vehicle motor pool under subparagraph (A) shall-- ``(i) include-- ``(I) regions in the United States in which multiple components with vehicle fleets are located in proximity to one another, or a significant number of employees with authorization to use vehicles are located; and ``(II) law enforcement vehicles; ``(ii) cover the National Capital Region; and ``(iii) take into account different mission requirements. ``(C) Report.--The Secretary shall include in the Department's next annual performance report required under current law the results of the determination under this paragraph. ``(9) Definitions.--In this subsection: ``(A) Component head.--The term `component head' means the head of any component of the Department with a vehicle fleet. ``(B) Excess vehicle.--The term `excess vehicle' means any vehicle that is not essential to support mission requirements of a component. ``(C) Optimal fleet size.--The term `optimal fleet size' means, with respect to a particular component, the appropriate number of vehicles to support mission requirements of such component. ``(D) Vehicle fleet.--The term `vehicle fleet' means all owned, commercially leased, or Government- leased vehicles of the Department or of a component of the Department, as the case may be, including vehicles used for law enforcement and other purposes.''. SEC. 3. GAO REPORT AND INSPECTOR GENERAL REVIEW. (a) GAO Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs a report on the following: (1) The status of efforts at achieving a capability to collect automated information as required under subsection (c)(3) of section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341), as added by section 2 of this Act, and any challenges that remain with respect to achieving the capability to collect, assess, and report vehicle fleet (as such term in defined in subsection (c)(9) of such section 701) data for the purpose of determining vehicle utilization. (2) The extent to which the Under Secretary for Management has identified and addressed any relevant security concerns, including cybersecurity risks, related to such automation. (3) The extent to which the Under Secretary collects, assesses, and reports on vehicle fleet event data recorder data. (b) Inspector General Review.--The Inspector General of the Department of Homeland Security shall-- (1) review implementation of subsection (c)(4) of section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341), as added by section 2 of this Act, for fiscal years 2018 and 2020, and shall provide, upon request, to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information regarding any such review; and (2) submit to the committees specified in paragraph (1) a report, not later than 6 months after completion of the second review required under such paragraph, regarding the effectiveness of such subsection with respect to cost avoidance, savings realized, and component operations. Passed the House of Representatives July 11, 2016. Attest: KAREN L. HAAS, Clerk.

(This measure has not been amended since it was reported to the House on April 14, 2016. DHS Stop Asset and Vehicle Excess Act or the DHS SAVE Act (Sec. 2) This bill amends the Homeland Security Act of 2002 to make the Under Secretary for Management of the Department of Homeland Security (DHS) responsible for overseeing and managing vehicle fleets throughout DHS, including: ensuring that DHS components are in compliance with federal law, executive branch guidance, and DHS policy regarding fleet management and use of vehicles from home to work; developing and distributing a standardized vehicle allocation methodology and fleet management plan; ensuring that components formally document fleet management decisions; and approving component fleet management plans, vehicle leases, and vehicle acquisitions. The bill lists responsibilities of component heads regarding vehicle fleets, including developing and annually submitting to the Under Secretary a vehicle allocation tool and fleet management plan. The Under Secretary shall: collect, on a quarterly basis, information regarding component vehicle fleets; seek to achieve a capability to collect automated information regarding component vehicle fleets; track and monitor component information, and review each component's vehicle allocation tool and fleet management plan, to ensure that component vehicle fleets are the optimal size and are cost effective; provide guidance on how component heads may achieve optimal fleet size; and as part of the annual budget process, review and make determinations regarding annual component requests for vehicle fleet funding. Beginning with FY2019, the Under Secretary and component heads may not approve a vehicle lease, acquisition, or replacement request, no DHS official with vehicle fleet management responsibilities may receive annual performance compensation in pay, and no senior executive service official of DHS whose office has a vehicle fleet may receive access to a car service, if such heads or official did not comply in the prior fiscal year with vehicle allocation tool and fleet management plan requirements. The Under Secretary may determine the feasibility of operating a vehicle motor pool to permit components to share vehicles to reduce the number of excess DHS vehicles. (Sec. 3) The Governmental Accountability Office must submit to specified congressional committees a report on: the status of efforts at achieving a capability to collect automated information regarding component vehicle fleets and any challenges that remain with respect to achieving the capability to collect, assess, and report vehicle fleet data for the purpose of determining vehicle utilization; the extent to which the Under Secretary has identified and addressed any relevant security concerns, including cybersecurity risks, related to such automation; and the extent to which the Under Secretary collects, assesses, and reports on vehicle fleet event data recorder data. The Inspector General of DHS shall: (1) review implementation of vehicle allocation tool and fleet management plan requirements for FY2018 and FY2020 and provide information regarding any such review to such committees, upon request; and (2) submit to the committees, by six months after completion of the second review, a report regarding the effectiveness of such requirements with respect to cost avoidance, savings realized, and component operations.

DHS SAVE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Crime Protection Security Act''. SEC. 2. ORGANIZED CRIMINAL ACTIVITY IN CONNECTION WITH UNAUTHORIZED ACCESS TO PERSONALLY IDENTIFIABLE INFORMATION. Section 1961(1) of title 18, United States Code, is amended by inserting ``section 1030 (relating to fraud and related activity in connection with computers) if the act is a felony,'' before ``section 1084''. SEC. 3. PENALTIES FOR FRAUD AND RELATED ACTIVITY IN CONNECTION WITH COMPUTERS. Section 1030(c) of title 18, United States Code, is amended to read as follows: ``(c) The punishment for an offense under subsection (a) or (b) of this section is-- ``(1) a fine under this title or imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(1) of this section; ``(2)(A) except as provided in subparagraph (B), a fine under this title or imprisonment for not more than 3 years, or both, in the case of an offense under subsection (a)(2); or ``(B) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under paragraph (a)(2) of this section, if-- ``(i) the offense was committed for purposes of commercial advantage or private financial gain; ``(ii) the offense was committed in the furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States, or of any State; or ``(iii) the value of the information obtained, or that would have been obtained if the offense was completed, exceeds $5,000; ``(3) a fine under this title or imprisonment for not more than 1 year, or both, in the case of an offense under subsection (a)(3) of this section; ``(4) a fine under this title or imprisonment of not more than 20 years, or both, in the case of an offense under subsection (a)(4) of this section; ``(5)(A) except as provided in subparagraph (D), a fine under this title, imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(5)(A) of this section, if the offense caused-- ``(i) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value; ``(ii) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals; ``(iii) physical injury to any person; ``(iv) a threat to public health or safety; ``(v) damage affecting a computer used by, or on behalf of, an entity of the United States Government in furtherance of the administration of justice, national defense, or national security; or ``(vi) damage affecting 10 or more protected computers during any 1-year period; ``(B) a fine under this title, imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(5)(B), if the offense caused a harm provided in clause (i) through (vi) of subparagraph (A) of this subsection; ``(C) if the offender attempts to cause or knowingly or recklessly causes death from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for any term of years or for life, or both; or ``(D) a fine under this title, imprisonment for not more than 1 year, or both, for any other offense under subsection (a)(5); ``(6) a fine under this title or imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(6) of this section; or ``(7) a fine under this title or imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(7) of this section..''. SEC. 4. TRAFFICKING IN PASSWORDS. Section 1030(a) of title 18, United States Code, is amended by striking paragraph (6) and inserting the following: ``(6) knowingly and with intent to defraud traffics (as defined in section 1029) in-- ``(A) any password or similar information or means of access through which a protected computer as defined in subparagraphs (A) and (B) of subsection (e)(2) may be accessed without authorization; or ``(B) any means of access through which a protected computer as defined in subsection (e)(2)(A) may be accessed without authorization.''. SEC. 5. CONSPIRACY AND ATTEMPTED COMPUTER FRAUD OFFENSES. Section 1030(b) of title 18, United States Code, is amended by inserting ``for the completed offense'' after ``punished as provided''. SEC. 6. CRIMINAL AND CIVIL FORFEITURE FOR FRAUD AND RELATED ACTIVITY IN CONNECTION WITH COMPUTERS. Section 1030 of title 18, United States Code, is amended by striking subsections (i) and (j) and inserting the following: ``(i) Criminal Forfeiture.-- ``(1) The court, in imposing sentence on any person convicted of a violation of this section, or convicted of conspiracy to violate this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States-- ``(A) such person's interest in any property, real or personal, that was used, or intended to be used, to commit or facilitate the commission of such violation; and ``(B) any property, real or personal, constituting or derived from any gross proceeds, or any property traceable to such property, that such person obtained, directly or indirectly, as a result of such violation. ``(2) The criminal forfeiture of property under this subsection, including any seizure and disposition of the property, and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), except subsection (d) of that section. ``(j) Civil Forfeiture.-- ``(1) The following shall be subject to forfeiture to the United States and no property right, real or personal, shall exist in them: ``(A) Any property, real or personal, that was used, or intended to be used, to commit or facilitate the commission of any violation of this section, or a conspiracy to violate this section. ``(B) Any property, real or personal, constituting or derived from any gross proceeds obtained directly or indirectly, or any property traceable to such property, as a result of the commission of any violation of this section, or a conspiracy to violate this section. ``(2) Seizures and forfeitures under this subsection shall be governed by the provisions in chapter 46 of title 18, United States Code, relating to civil forfeitures, except that such duties as are imposed on the Secretary of the Treasury under the customs laws described in section 981(d) of title 18, United States Code, shall be performed by such officers, agents and other persons as may be designated for that purpose by the Secretary of Homeland Security or the Attorney General.''. SEC. 7. DAMAGE TO CRITICAL INFRASTRUCTURE COMPUTERS. (a) In General.--Chapter 47 of title 18, United States Code, is amended by inserting after section 1030 the following: ``SEC. 1030A. AGGRAVATED DAMAGE TO A CRITICAL INFRASTRUCTURE COMPUTER. ``(a) Definitions.--In this section-- ``(1) the terms `computer' and `damage' have the meanings given such terms in section 1030; and ``(2) the term `critical infrastructure computer' means a computer that manages or controls systems or assets vital to national defense, national security, national economic security, public health or safety, or any combination of those matters, whether publicly or privately owned or operated, including-- ``(A) gas and oil production, storage, and delivery systems; ``(B) water supply systems; ``(C) telecommunication networks; ``(D) electrical power delivery systems; ``(E) finance and banking systems; ``(F) emergency services; ``(G) transportation systems and services; and ``(H) government operations that provide essential services to the public. ``(b) Offense.--It shall be unlawful to, during and in relation to a felony violation of section 1030, intentionally cause or attempt to cause damage to a critical infrastructure computer, and such damage results in (or, in the case of an attempt, would, if completed have resulted in) the substantial impairment-- ``(1) of the operation of the critical infrastructure computer; or ``(2) of the critical infrastructure associated with the computer. ``(c) Penalty.--Any person who violates subsection (b) shall be fined under this title, imprisoned for not less than 3 years nor more than 20 years, or both. ``(d) Consecutive Sentence.--Notwithstanding any other provision of law-- ``(1) a court shall not place on probation any person convicted of a violation of this section; ``(2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment, including any term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony violation section 1030; ``(3) in determining any term of imprisonment to be imposed for a felony violation of section 1030, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and ``(4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the United States Sentencing Commission pursuant to section 994 of title 28.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1030 the following: ``Sec. 1030A. Aggravated damage to a critical infrastructure computer.''. SEC. 8. LIMITATION ON ACTIONS INVOLVING UNAUTHORIZED USE. Section 1030(e)(6) of title 18, United States Code, is amended by striking ``alter;'' and inserting ``alter, but does not include access in violation of a contractual obligation or agreement, such as an acceptable use policy or terms of service agreement, with an Internet service provider, Internet website, or non-government employer, if such violation constitutes the sole basis for determining that access to a protected computer is unauthorized;''.

Cyber Crime Protection Security Act - Amends the federal criminal code to make fraud in connection with the unauthorized access of personally identifiable information (in electronic or digital form) a predicate for instituting a prosecution for racketeering. Increases penalties for fraud and related activity in connection with computers. Expands the prohibition against trafficking in passwords to include trafficking through any means by which a protected computer may be accessed without authorization. Imposes criminal penalties for attempts and conspiracies to commit fraud and related activity in connection with computers. Modifies criminal and civil forfeiture provisions, including requiring certain civil forfeiture seizures and forfeitures to be performed by persons designated for that purpose by the Secretary of Homeland Security (DHS) or the Attorney General (DOJ). Prohibits, during and in relation to a felony violation of provisions regarding fraud and related activity in connection with computers, intentionally causing or attempting to cause damage to a critical infrastructure computer if such damage results in (or, in the case of an attempt, would, if completed have resulted in) the substantial impairment of the operation of that computer or of the critical infrastructure associated with the computer. Imposes a prison term of between 3 and 20 years, a fine, or both. Prohibits probation for any person convicted of such a violation. Provides for concurrent sentences under specified circumstances. Excludes from the definition of "exceeds authorized access" for purposes of the prohibition against fraudulent use of computers, access in violation of a contractual obligation or agreement, such as an acceptable use policy or terms of service agreement, with an Internet service provider, Internet website, or nongovernment employer, if such violation constitutes the sole basis for determining that access to a protected computer is unauthorized.

A bill to enhance punishment for identity theft and other violations of data privacy and security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Assault Weapons Limitation Act of 1993''. SEC. 2. DEFINITIONS. (a) In General.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following new paragraphs: ``(29) The term `assault weapon' means any of the firearms known as-- ``(A) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models); ``(B) Action Arms Israeli Military Industries UZI and Galil; ``(C) Beretta AR-70 (SC-70); ``(D) Colt AR-15 and CAR-15; ``(E) Fabrique Nationale FN/FAL, FN/LAR, and FNC; ``(F) MAC 10 and MAC 11; ``(G) Steyr AUG; ``(H) INTRATEC TEC-9; or ``(I) Street Sweeper and Striker 12. ``(30) The term `form 4473' means the form prescribed by the Secretary in section 178.124 of title 27, Code of Federal Regulations, as in effect on the date of enactment of this paragraph, or the equivalent of such a form.''. (b) Recommendations of the Secretary.--Chapter 44 of title 18, United States Code, is amended-- (1) by adding at the end the following new section: ``Sec. 931. Additional assault weapons ``The Secretary, in consultation with the Attorney General, may recommend to the Congress the addition or deletion of firearms designated as assault weapons in section 921(a)(29).''; and (2) in the chapter analysis by adding at the end the following new item: ``931. Additional assault weapons.''. SEC. 3. UNLAWFUL ACTS. Section 922 of title 18, United States Code, is amended by adding at the end the following new subsections: ``(s)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess an assault weapon. ``(2) This subsection does not apply with respect to-- ``(A) the transfer or possession of an assault weapon by or under authority of, the United States or any department or agency thereof, or any State or any department, agency, or political subdivision thereof; or ``(B) an otherwise lawful transfer or possession of an assault weapon that was lawfully possessed before the effective date of this subsection. ``(t)(1) It shall be unlawful for a person to sell, ship, or deliver an assault weapon to a person who has not completed a form 4473 in connection with the disposition of the assault weapon. ``(2) Except as provided in paragraph (3), it shall be unlawful for a person to purchase, possess, or accept delivery of an assault weapon unless the person has completed a form 4473 in connection with the disposition of the assault weapon. ``(3) Paragraph (2) shall not apply to the possession of an assault weapon by a person who has owned the assault weapon continuously since before the effective date of this paragraph, until the end of the 90- day period that begins with the date the Secretary prescribes regulations under paragraph (5). ``(4) If a person purchases an assault weapon from anyone other than a licensed dealer, both the purchaser and the seller shall maintain a record of the sale on the seller's original copy of form 4473. ``(5) The Secretary shall, within 90 days after the date of enactment of this subsection, prescribe regulations with respect to the completion of form 4473 pursuant to paragraph (3), and the availability of form 4473 from licensed dealers.''. SEC. 4. PENALTIES. Section 924 of title 18, United States Code, is amended-- (1) in subsection (c), by inserting ``and if the firearm is an assault weapon, to imprisonment for 10 years,'' after ``sentenced to imprisonment for five years,''; and (2) by adding at the end the following new subsection: ``(i) A person who knowingly violates section 922(t) shall be fined not more than $1,000, imprisoned not more than 6 months, or both.''. SEC. 5. DISABILITY. Section 922(g)(1) of title 18, United States Code, is amended by inserting ``or of a violation of section 922(t)'' before the semicolon. SEC. 6. STUDY BY THE ATTORNEY GENERAL. (a) Study.--The Attorney General shall investigate and study the effect of this Act and the amendments made by this Act and in particular shall determine their impact, if any, on violent and drug trafficking crime. The study shall be conducted over a period of 18 months, commencing 12 months after the date of enactment of this Act. (b) Report.--Not later than 30 months after the date of enactment of this Act, the Attorney General shall prepare and submit to the Congress a report setting forth in detail the findings and determinations made in the study under subsection (a). SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act-- (1) shall become effective on the date that is 30 days after the date of enactment of this Act; and (2) are repealed effective as of the date that is 3 years after the effective date.

Assault Weapons Limitation Act of 1993 - Amends the Federal criminal code to prohibit the: (1) transfer or possession of an assault weapon, with exceptions; (2) sale, shipment, or delivery of an assault weapon to a person who has not completed a form 4473 (prescribed by the Secretary of the Treasury) in connection with the disposition of such weapon; and (3) purchase, possession, or acceptance of delivery of an assault weapon by a person who has not completed such form, with exceptions. Sets penalties for: (1) the use of an assault weapon during and in relation to any crime of violence or drug trafficking crime; and (2) knowingly violating requirements regarding the completion of form 4473. Prohibits persons convicted of the latter offense from shipping or transporting firearms or ammunition in interstate or foreign commerce. Directs the Attorney General to investigate the effect of this Act and determine its impact on violent and drug trafficking crime.

Assault Weapons Limitation Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Census Oversight Efficiency and Management Reform Act of 2010''. SEC. 2. AUTHORITY AND DUTIES OF DIRECTOR AND DEPUTY DIRECTOR OF THE CENSUS. (a) In General.--Section 21 of the title 13, United States Code, is amended to read as follows: ``Sec. 21. Director of the Census; Deputy Director of the Census; authority and duties ``(a) Definitions.--As used in this section-- ``(1) `Director' means the Director of the Census; ``(2) `Deputy Director' means the Deputy Director of the Census; and ``(3) `function' includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. ``(b) Director of the Census.-- ``(1) Appointment.-- ``(A) In general.--The Bureau shall be headed by a Director of the Census, appointed by the President, by and with the advice and consent of the Senate. ``(B) Qualifications.--Such appointment shall be made from individuals who have a demonstrated ability in managing large organizations and experience in the collection, analysis, and use of statistical data. ``(2) General authority and duties.-- ``(A) In general.--The Director shall report directly to the Secretary without being required to report through any other official of the Department of Commerce. ``(B) Duties.--The Director shall perform such duties as may be imposed upon the Director by law, regulation, or orders of the Secretary. ``(C) Independence of director.--No officer or agency of the United States shall have any authority to require the Director to submit legislative recommendations, or testimony, or comments for review prior to the submission of such recommendations, testimony, or comments to Congress if such recommendations, testimony, or comments to Congress include a statement indicating that the views expressed therein are those of the Bureau and do not necessarily represent the views of the President. ``(3) Term of office.-- ``(A) In general.--The term of office of the Director shall be 5 years, and shall begin on January 1, 2012, and every fifth year thereafter. An individual may not serve more than 2 full terms as Director. ``(B) Vacancies.--Any individual appointed to fill a vacancy in such position, occurring before the expiration of the term for which such individual's predecessor was appointed, shall be appointed for the remainder of that term. The Director may serve after the end of the Director's term until reappointed or until a successor has been appointed, but in no event longer than 1 year after the end of such term. ``(C) Removal.--An individual serving as Director may be removed from office by the President. The President shall communicate in writing the reasons for any such removal to both Houses of Congress not later than 60 days before the removal. ``(4) Functions.--The Director shall be responsible for the exercise of all powers and the discharge of all duties of the Bureau, and shall have authority and control over all personnel and activities thereof. ``(5) Organization.--The Director may establish, alter, consolidate, or discontinue such organizational units or components within the Bureau as the Director considers necessary or appropriate, except that this paragraph shall not apply with respect to any unit or component provided for by law. ``(6) Advisory committees.-- ``(A) Advisory committees generally.-- ``(i) Authority to establish.--The Director may establish such advisory committees as the Director considers appropriate to provide advice with respect to any function of the Director. ``(ii) Compensation and expenses.--Members of any advisory committee established under clause (i) shall serve without compensation, but shall be entitled to transportation expenses and per diem in lieu of subsistence in accordance with section 5703 of title 5. ``(B) Technology advisory committee.-- ``(i) In general.--Not later than 180 days after the date of the enactment of the Census Oversight Efficiency and Management Reform Act of 2010, the Director shall establish a technology advisory committee under subparagraph (A). ``(ii) Membership.--Members of the technology advisory committee shall be selected from the public, private, and academic sectors from among those who have experience in technologies and services relevant to the planning and execution of the census. ``(iii) Duties.--The technology advisory committee shall make recommendations to the Director and publish reports on the use of commercially available technologies and services to improve efficiencies and manage costs in the implementation of the census and census-related activities, including pilot projects. ``(7) Regulations.--The Director may, in consultation with the Secretary, prescribe such rules and regulations as the Director considers necessary or appropriate to carry out the functions of the Director. ``(8) Delegations, etc.--The Director may assign duties, and delegate, or authorize successive redelegations of, authority to act and to render decisions, to such officers and employees of the Bureau as the Director may find necessary. Within the limitations of such assignments, delegations, or redelegations, all official acts and decisions of such officers and employees shall have the same force and effect as though performed or rendered by the Director. An assignment, delegation, or redelegation under this paragraph may not take effect before the date on which notice of such assignment, delegation, or redelegation (as the case may be) is published in the Federal Register. ``(9) Other authorities.-- ``(A) Personnel.--Subject to sections 23 and 24, but notwithstanding any other provision of law, the Director, in carrying out the functions of the Director or the Bureau, may use the services of officers and other personnel in other Federal agencies, including personnel of the Armed Forces, with the consent of the head of the agency concerned. ``(B) Voluntary services.--Notwithstanding section 1342 of title 31, or any other provision of law, the Director may accept and use voluntary and uncompensated services. ``(c) Deputy Director.-- ``(1) In general.--There shall be in the Bureau a Deputy Director of the Census, who shall be appointed by and serve at the pleasure of the Director. The position of Deputy Director shall be a career reserved position within the meaning of section 3132(a)(8) of title 5. ``(2) Functions.--The Deputy Director shall perform such functions as the Director shall designate. ``(3) Temporary authority to perform functions of director.--The provisions of sections 3345 through 3349d of title 5 shall apply with respect to the office of Director. The first assistant to the office of Director is the Deputy Director for purposes of applying such provisions.''. (b) Transition Rules.-- (1) Appointment of initial director.--The initial Director of the Bureau of the Census shall be appointed in accordance with the provisions of section 21(b) of title 13, United States Code, as amended by subsection (a). (2) Interim role of current director of the census after date of enactment.--If, as of January 1, 2012, the initial Director of the Bureau of the Census has not taken office, the officer serving on December 31, 2011, as Director of the Census (or Acting Director of the Census, if applicable) in the Department of Commerce-- (A) shall serve as the Director of the Bureau of the Census; (B) shall assume the powers and duties of such Director, until the initial Director has taken office; and (C) shall report directly to the Secretary of Commerce. (c) Clerical Amendment.--The item relating to section 21 in the table of sections for chapter 1 of title 13, United States Code, is amended to read as follows: ``21. Director of the Census; Deputy Director of the Census; authority and duties.''. (d) Technical and Conforming Amendments.--Not later than January 1, 2011, the Secretary of Commerce, in consultation with the Director of the Census, shall submit to each House of the Congress draft legislation containing any technical and conforming amendments to title 13, United States Code, and any other provisions which may be necessary to carry out the purposes of this Act. SEC. 3. INTERNET RESPONSE OPTION. Not later than 180 days after the date of the enactment of this Act, the Director of the Census, shall provide a plan to Congress on how the Bureau of the Census will test, develop, and implement an Internet response option for the 2020 Census and the American Community Survey. The plan shall include a description of how and when feasibility will be tested, the stakeholders to be consulted, when and what data will be collected, and how data will be protected. SEC. 4. ANNUAL REPORTS. (a) In General.--Subchapter I of chapter 1 of title 13, United States Code, is amended by adding at the end the following new section: ``Sec. 17. Annual reports ``(a) Not later than the date of the submission of the President's budget request for a fiscal year under section 1105 of title 31, the Director of the Census shall submit to the appropriate congressional committees a comprehensive status report on the next decennial census, beginning with the 2020 decennial census. Each report shall include the following information: ``(1) A description of the Bureau's performance goals for each significant decennial operation, including the performance measures for each operation. ``(2) An assessment of the risks associated with each significant decennial operation, including the interrelationships between the operations and a description of relevant mitigation plans. ``(3) Detailed milestone estimates for each significant decennial operation, including estimated testing dates, and justification for any changes to milestone estimates. ``(4) Updated cost estimates for the life cycle of the decennial census, including sensitivity analysis and an explanation of significant changes in the assumptions on which such cost estimates are based. ``(5) A detailed description of all contracts over $50,000,000 entered into for each significant decennial operation, including-- ``(A) any changes made to the contracts from the previous fiscal year; ``(B) justification for the changes; and ``(C) actions planned or taken to control growth in such contract costs. ``(b) For purposes of this section, the term `significant decennial operation' includes any program or information technology related to-- ``(1) the development of an accurate address list; ``(2) data collection, processing, and dissemination; ``(3) recruiting and hiring of temporary employees; ``(4) marketing, communications, and partnerships; and ``(5) coverage measurement.''. (b) Clerical Amendment.--The table of sections for chapter 1 of title 13, United States Code, is amended by inserting after the item relating to section 16 the following new item: ``17. Annual reports.''. (c) Effective Date.--The amendments made by this section shall apply to budget requests for fiscal years beginning after September 30, 2010. Passed the Senate December 8, 2010. Attest: Secretary. 111th CONGRESS 2d Session S. 3167 _______________________________________________________________________ AN ACT To amend title 13 of the United States Code to provide for a 5-year term of office for the Director of the Census and to provide for the authority and duties of the Director and Deputy Director of the Census, and for other purposes.

Census Oversight Efficiency and Management Reform Act of 2010 - Requires the individual appointed as Director of the Census to have a demonstrated ability in managing large organizations and experience in the collection, analysis, and use of statistical data. Provides that: (1) the Director shall report directly to the Secretary of Commerce; and (2) no U.S. officer or agency shall have authority to require the Director to submit legislative recommendations, testimony, or comments for review prior to the submission to Congress if such submission includes a statement indicating that the views expressed are those of the Bureau of the Census and do not necessarily represent the views of the President. Requires the term of office of the Director to be five years and to begin on January 1, 2012, and every fifth year thereafter. Prohibits an individual from serving more than two full terms as Director. Sets forth provisions governing: (1) vacancies in and removal from office; and (2) the authorities and duties of the Director. Requires the Director to establish a technology advisory committee, whose members shall be selected from the public, private, and academic sectors, to make recommendations to the Director and publish reports on the use of commercially available technologies and services to improve efficiencies and manage costs in the implementation of the census and census-related activities, including pilot projects. Establishes the position of Deputy Director of the Census. Requires the Director to: (1) provide a plan to Congress on how the Bureau will test, develop, and implement an Internet response option for the 2020 Census and the American Community Survey; and (2) submit to the appropriate congressional committees, by the date of submission of the President's budget request for a fiscal year, a comprehensive status report on the next decennial census. Requires each report to include: (1) a description of the Bureau's performance goals for each significant decennial operation; (2) an assessment of the risks associated with each such operation; (3) detailed milestone estimates for each such operation; (4) updated cost estimates for the life cycle of the decennial census; and (5) a detailed description of all contracts over $50 million entered into for each such operation.

A bill to amend title 13 of the United States Code to provide for a 5-year term of office for the Director of the Census and to provide for the authority and duties of the Director and Deputy Director of the Census, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Waterfront Community Revitalization and Resiliency Act of 2015''. SEC. 2. FINDINGS. Congress finds that-- (1) many communities in the United States were developed along waterfronts; (2) water proximity and access is a recognized economic driver; (3) water shortages faced by parts of the United States underscore the need to manage water sustainably and restore water quality; (4) interest in waterfront revitalization and development has grown, while the circumstances driving waterfront development have changed; (5) waterfront communities face challenges to revitalizing and leveraging water resources, such as outdated development patterns, deteriorated water infrastructure, industrial contamination of soil and sediment, and lack of public access to the waterfront, which are often compounded by overarching economic distress in the community; (6) public investment in waterfront community development and infrastructure should reflect changing ecosystem conditions and extreme weather projections to ensure strategic, resilient investments; (7) individual communities have unique priorities, concerns, and opportunities related to waterfront restoration and community revitalization; and (8) the Secretary of Commerce has unique expertise in Great Lakes and ocean coastal resiliency and economic development. SEC. 3. DEFINITIONS. In this Act: (1) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (2) Resilient waterfront community.--The term ``resilient waterfront community'' means a unit of local government or Indian tribe that is-- (A)(i) bound in part by-- (I) the Great Lakes; or (II) the ocean; or (ii) bordered or traversed by a riverfront or an inland lake; (B) self-nominated as a resilient waterfront community; and (C) designated by the Secretary as a resilient waterfront community on the basis of the development by the community of an eligible resilient waterfront community plan, with eligibility determined by the Secretary after considering the requirements of subsections (b) and (c) of section 4. (3) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 4. RESILIENT WATERFRONT COMMUNITIES DESIGNATION. (a) Designation.-- (1) In general.--Subject to paragraph (2), the Secretary shall designate resilient waterfront communities based on the extent to which a community meets the criteria described in subsection (b). (2) Collaboration.--For inland lake and riverfront communities, in making the designation described in paragraph (1), the Secretary shall work with the Administrator of the Environmental Protection Agency and the heads of other Federal agencies, as the Secretary determines to be necessary. (b) Resilient Waterfront Community Plan.--A resilient waterfront community plan is a community-driven vision and plan that is developed-- (1) voluntarily at the discretion of the community-- (A) to respond to local needs; or (B) to take advantage of new water-oriented opportunities; (2) with the leadership of the relevant governmental entity or Indian tribe with the active participation of-- (A) community residents; (B) utilities; and (C) interested business and nongovernmental stakeholders; (3) as a new document or by amending or compiling community planning documents, as necessary, at the discretion of the Secretary; (4) in consideration of all applicable State and Federal coastal zone management planning requirements; (5) to address economic competitive strengths; and (6) to complement and incorporate the objectives and recommendations of applicable regional economic plans. (c) Components of a Resilient Waterfront Community Plan.--A resilient waterfront community plan shall-- (1) consider all, or a portion of, the waterfront area and adjacent land and water to which the waterfront is connected ecologically, economically, or through local governmental or tribal boundaries; (2) describe a vision and plan for the community to develop as a vital and resilient waterfront community, integrating consideration of-- (A) the economic opportunities resulting from water proximity and access, including-- (i) water-dependent industries; (ii) water-oriented commerce; and (iii) recreation and tourism; (B) the community relationship to the water, including-- (i) quality of life; (ii) public health; (iii) community heritage; and (iv) public access, particularly in areas in which publicly funded ecosystem restoration is underway; (C) ecosystem challenges and projections, including unresolved and emerging impacts to the health and safety of the waterfront and projections for extreme weather and water conditions; (D) infrastructure needs and opportunities, to facilitate strategic and sustainable capital investments in-- (i) docks, piers, and harbor facilities; (ii) protection against storm surges, waves, and flooding; (iii) stormwater, sanitary sewer, and drinking water systems, including green infrastructure and opportunities to control nonpoint source runoff; and (iv) other community facilities and private development; and (E) such other factors as are determined by the Secretary to align with metrics or indicators for resiliency, considering environmental and economic changes. (d) Duration.--After the designation of a community as a resilient waterfront community under subsection (a), a resilient waterfront community plan developed in accordance with subsections (b) and (c) may be-- (1) effective for the 10-year period beginning on the date on which the Secretary approves the resilient waterfront community plan; and (2) updated by the resilient waterfront community and submitted to the Secretary for the approval of the Secretary before the expiration of the 10-year period. SEC. 5. RESILIENT WATERFRONT COMMUNITIES NETWORK. (a) In General.--The Secretary shall develop and maintain a resilient waterfront communities network to facilitate the sharing of best practices among waterfront communities. (b) Public Recognition.--In consultation with designated resilient waterfront communities, the Secretary shall provide formal public recognition of the designated resilient waterfront communities to promote tourism, investment, or other benefits. SEC. 6. WATERFRONT COMMUNITY REVITALIZATION ACTIVITIES. (a) In General.--To support a community in leveraging other sources of public and private investment, the Secretary may use existing authority to support-- (1) the development of a resilient waterfront community plan, including planning and feasibility analysis; and (2) the implementation of strategic components of a resilient waterfront community plan after the resilient waterfront community plan has been approved by the Secretary. (b) Non-Federal Partners.-- (1) Lead non-federal partners.--A unit of local government or an Indian tribe shall be eligible to be considered as a lead non-Federal partner if the unit of local government or Indian tribe is-- (A) bound in part by-- (i) the Great Lakes; or (ii) the ocean; or (B) bordered or traversed by a riverfront or an inland lake. (2) Non-federal implementation partners.--Subject to subsection (d)(3), a lead non-Federal partner may contract with an eligible non-Federal implementation partner for implementation activities described in subsection (d)(2). (c) Planning Activities.-- (1) In general.--Technical assistance may be provided for the development of a resilient waterfront community plan. (2) Eligible planning activities.--In developing a resilient waterfront community plan, a resilient waterfront community may-- (A) conduct community visioning and outreach; (B) identify challenges and opportunities; (C) develop strategies and solutions; (D) prepare plan materials, including text, maps, design, and preliminary engineering; (E) collaborate across local agencies and work with regional, State, and Federal agencies to identify, understand, and develop responses to changing ecosystem and economic circumstances; and (F) conduct other planning activities that the Secretary considers necessary for the development of a resilient waterfront community plan that responds to revitalization and resiliency issues confronted by the resilient waterfront community. (d) Implementation Activities.-- (1) In general.--Implementation assistance may be provided-- (A) to initiate implementation of a resilient waterfront community plan and facilitate high-quality development, including leveraging local and private sector investment; and (B) to address strategic community priorities that are identified in the resilient waterfront community plan. (2) Assistance.--Assistance may be provided to advance implementation activities, such as-- (A) site preparation; (B) environmental review; (C) engineering and design; (D) acquiring easements or land for uses such as green infrastructure, public amenities, or assembling development sites; (E) updates to zoning codes; (F) construction of-- (i) public waterfront or boating amenities; and (ii) public spaces; (G) infrastructure upgrades to improve coastal resiliency; (H) economic and community development marketing and outreach; and (I) other activities at the discretion of the Secretary. (3) Implementation partners.-- (A) In general.--To assist in the completion of implementation activities, a lead non-Federal partner may contract or otherwise collaborate with a non- Federal implementation partner, including-- (i) a nonprofit organization; (ii) a public utility; (iii) a private entity; (iv) an institution of higher education; (v) a State government; or (vi) a regional organization. (B) Lead non-federal partner responsibility.--The lead non-Federal partner shall ensure that assistance and resources received by the lead non-Federal partner to advance the resilient waterfront community plan of the lead non-Federal partner and for related activities are used for the purposes of, and in a manner consistent with, any initiative advanced by the Secretary for the purpose of promoting waterfront community revitalization and resiliency. (e) Use of Non-Federal Resources.-- (1) In general.--A resilient waterfront community receiving assistance under this section shall provide non-Federal funds toward completion of planning or implementation activities. (2) Non-federal resources.--Non-Federal funds may be provided by-- (A) 1 or more units of local or tribal government; (B) a State government; (C) a nonprofit organization; (D) a private entity; (E) a foundation; (F) a public utility; or (G) a regional organization. SEC. 7. INTERAGENCY AWARENESS. At regular intervals, the Secretary shall provide a list of resilient waterfront communities to the applicable States and the heads of national and regional offices of interested Federal agencies, including at a minimum-- (1) the Secretary of Transportation; (2) the Secretary of Agriculture; (3) the Administrator of the Environmental Protection Agency; (4) the Administrator of the Federal Emergency Management Agency; (5) the Assistant Secretary of the Army for Civil Works; (6) the Secretary of the Interior; and (7) the Secretary of Housing and Urban Development. SEC. 8. NO NEW REGULATORY AUTHORITY. Nothing in this Act may be construed as establishing new authority for any Federal agency. Passed the Senate July 14, 2016. Attest: Secretary. 114th CONGRESS 2d Session S. 1935 _______________________________________________________________________ AN ACT To require the Secretary of Commerce to undertake certain activities to support waterfront community revitalization and resiliency.

(This measure has not been amended since it was reported to the Senate on June 8, 2016. Waterfront Community Revitalization and Resiliency Act of 2015 (Sec. 4) This bill requires the Department of Commerce to designate as a resilient waterfront community a unit of local government or Indian tribe that meets specified criteria and is: bound in part by the Great Lakes or the ocean, or bordered or traversed by a riverfront or an inland lake; self-nominated as a resilient waterfront community; and designated as one by Commerce on the basis of a community-developed plan. In making such a designation for inland lake and riverfront communities, Commerce must work with the Environmental Protection Agency and the heads of other federal agencies as necessary. A resilient waterfront community plan is a community-driven vision and plan developed: voluntarily at the discretion of the community to respond to local needs or take advantage of new water-oriented opportunities; with the leadership of the relevant governmental entity or Indian tribe and the active participation of community residents, utilities, and interested business and nongovernmental stakeholders; in consideration of all applicable state and federal coastal zone management planning; to address economic competitive strengths; and to complement and incorporate the objectives and recommendations of regional economic plans. A resilient waterfront community plan shall consider all, or a portion of, the waterfront area and adjacent land and water to which it is connected ecologically, economically, or through local governmental or tribal boundaries, and integrate consideration of: the economic opportunities resulting from water proximity and access and the community's relationship to the water; ecosystem challenges and projections, including extreme weather and water conditions; infrastructure needs and opportunities to facilitate specified strategic and sustainable capital investments; and such other factors that align with metrics or indicators for resiliency, considering environmental and economic changes. After the designation of a resilient waterfront community, its plan may be effective for a 10-year period. (Sec. 5) Commerce must: (1) develop and maintain a resilient waterfront communities network to facilitate the sharing of best practices among waterfront communities; and (2) recognize such communities formally and publicly to promote tourism, investment, or other benefits. (Sec. 6) Commerce may use existing authority to support: the development of a resilient waterfront community plan, including planning and feasibility analysis; and the implementation of strategic components after the plan has been approved. A lead nonfederal partner (a local government or Indian tribe) may contract with an eligible nonfederal implementation partner (a nonprofit organization, a public utility, a private entity, an institution of higher education, a state government, or a regional organization) for implementation activities, such as site preparation, environmental review, acquisition of easements or land for uses for green infrastructure, construction of public waterfront or boating amenities and public spaces, and infrastructure upgrades to improve coastal resiliency. In developing a plan, a resilient waterfront community, among other eligible planning activities, may: conduct community visioning and outreach; and collaborate across local agencies and work with regional, state, and federal agencies to identify, understand, and develop responses to changing ecosystem and economic circumstances. Assistance may be furnished to: initiate implementation of a resilient waterfront community plan and facilitate high-quality development, including leveraging local and private sector investment; and address strategic community priorities identified in the plan. The lead nonfederal partner shall ensure that assistance and resources received by it to advance its resilient waterfront community plan and for related activities are used for the purposes of any initiative advanced by Commerce to promote waterfront community revitalization and resiliency. A resilient waterfront community that receives assistance under this bill shall furnish nonfederal funds from entities eligible to be nonfederal implementation partners toward the completion of planning or implementation activities. (Sec. 7) At regular intervals Commerce must give a list of resilient waterfront communities to the applicable states and the heads of national and regional offices of interested federal agencies. (Sec. 8) Nothing in this bill may be construed as establishing new authority for any federal agency.

Waterfront Community Revitalization and Resiliency Act of 2015

That this Act may be cited as the ``Reform of Federal Intervention in State Proceedings Act of 1993''. Sec. 2. Section 2244 of title 28, United States Code, is amended by adding at the end thereof the following new subsections: ``(d) When a person in custody pursuant to the judgment of a State court fails to raise a claim in State proceedings at the time or in the manner required by State rules of procedure, the claim shall not be entertained in an application for a writ of habeas corpus unless actual prejudice resulted to the applicant from the alleged denial of the Federal right asserted and-- ``(1) the failure to raise the claim properly or to have it heard in State proceedings was the result of State action in violation of the Constitution or laws of the Unites States; ``(2) the Federal right asserted was newly recognized by the Supreme Court subsequent to the procedural default and is retroactively applicable; or ``(3) the factual predicate of the claim could not have been discovered through the exercise of reasonable diligence prior to the procedural default. ``(e) A one-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of the following times: ``(1) the time at which State remedies are exhausted; ``(2) the time at which the impediment to filing an application created by State action in violation of the Constitution or laws of the Untied States is removed, where the applicant was prevented from filing by such State action; ``(3) the time at which the Federal right asserted was initially recognized by the Supreme Court, where the right has been newly recognized by the Court and is retroactively applicable; or ``(4) the time at which the factual predicate of the claim or claims presented could have been discovered through the exercise of reasonable diligence.''. Sec. 3. Section 2253 of title 28, United States Code, is amended to read as follows: ``Sec. 2253. Appeal ``In a habeas corpus proceeding or a proceeding under section 2255 of this title before a circuit or district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit where the proceeding is had. ``There shall be no right of appeal from such an order in a proceeding to test the validity of a warrant to remove, to another district or place for commitment or trial, a person charged with a criminal offense against the United States, or to test the validity of his detention pending removal proceedings. ``An appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding where the detention complained of arises out of process issued by a State court, or from the final order in a proceeding under section 2255 of this title, unless a circuit justice or judge issues a certificate of probable cause.''. Sec. 4. Federal Rule of Appellate Procedure 22 is amended to read as follows: Rule 22 ``habeas corpus and Sec. 2255 proceedings ``(a) Application for an Original Writ of Habeas Corpus. An application for a writ of habeas corpus shall be made to the appropriate district court. If application is made to a circuit judge, the application will ordinarily be transferred to the appropriate district court. If an application is made to or transferred to the district court and denied, renewal of the application before a circuit judge is not favored; the proper remedy is by appeal to the court of appeals from the order of the district court denying the writ. ``(b) Necessity of Certificate of Probable Cause for Appeal. In a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court, and in a motion proceeding pursuant to section 2255 of title 28, United States Code, an appeal by the applicant or movant may not proceed unless a circuit judge issues a certificate or probable cause. If a request for a certificate of probable cause is addressed to the court of appeals, it shall be deemed addressed to the judges thereof and shall be considered by a circuit judge or judges as the court deems appropriate. If no express request for a certificate is filed, the notice of appeal shall be deemed to constitute a request addressed to the judges of the court of appeals. If an appeal is taken by a State or the government or its representative, a certificate of probable cause is not required.''. Sec. 5. Section 2254 of title 28, United States Code, is amended by redesignating subsections ``(e)'' and ``(f)'' as subsections ``(f)'' and ``(g)'', respectively, and is further amended-- (a) by amending subsection (b) to read as follows: ``(b) An application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State, or that there is either an absence of available State corrective process or the existence of circumstances rendering such process ineffective to protect the rights of the applicant. An application may be denied on the merits notwithstanding the failure of the applicant to exhaust the remedies available in the courts of the States.''; (b) by redesignating subsection ``(d)'' as subsection ``(e)'', and amending it to read as follows: ``(e) In a proceeding instituted by an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court, a full and fair determination of a factual issue made in the case by a State court shall be presumed to be correct. The applicant shall have the burden of rebutting this presumption by clear and convincing evidence.''; and (c) by adding a new subsection (d) reading as follows: ``(d) An application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that has been fully and fairly adjudicated in State proceedings.''. Sec. 6. Section 2255 of title 28, United States Code, is amended by deleting the second paragraph and the penultimate paragraph thereof, and by adding at the end thereof the following new paragraphs: ``When a person fails to raise a claim at the time or in the manner required by Federal rules of procedure, the claim shall not be entertained in a motion under this section unless actual prejudice resulted to the movant from the alleged denial of the right asserted and-- ``(1) the failure to raise the claim properly, or to have it heard, was the result of governmental action in violation of the Constitution or laws of the Unites States; ``(2) the right asserted was newly recognized by the Supreme Court subsequent to the procedural default and is retroactively applicable; or ``(3) the factual predicate of the claim could not have been discovered through the exercise of reasonable diligence prior to the procedural default. ``A two-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of the following times; ``(1) the time at which the judgment of conviction becomes final; ``(2) the time at which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, where the movant was prevented from making a motion by such governmental action; ``(3) the time at which the right asserted was initially recognized by the Supreme Court, where the right has been newly recognized by the Court and is retroactively applicable; or ``(4) the time at which the factual predicate of the claim or claims presented could have been discovered through the exercise of reasonable diligence.''.

Reform of Federal Intervention in State Proceedings Act of 1993 - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a prisoner on a showing of actual prejudice resulting from the Federal right violated and that: (1) State or Federal Government action precluded assertion of that right; (2) the Federal right did not previously exist; or (3) the factual basis of the claim could not have been discovered by reasonable diligence. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners and a two-year statute of limitations for similar motions made by Federal prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings.

Reform of Federal Intervention in State Proceedings Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Federal Marijuana Prohibition Act of 2015''. SEC. 2. APPLICATION OF THE CONTROLLED SUBSTANCES ACT TO MARIHUANA. (a) In General.--Part A of the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by adding at the end the following: ``SEC. 103. APPLICATION OF THIS ACT TO MARIHUANA. ``(a) Prohibition on Certain Shipping or Transportation.--This Act shall not apply to marihuana, except that it shall be unlawful only to ship or transport, in any manner or by any means whatsoever, marihuana, from one State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof, when such marihuana is intended, by any person interested therein, to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of any law of such State, territory, or district of the United States, or place noncontiguous to but subject to the jurisdiction thereof. ``(b) Penalty.--Whoever knowingly violates subsection (a) shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both.''. (b) Table of Contents.--The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513; 84 Stat. 1236) is amended by striking the item relating to section 103 and inserting the following: ``Sec. 103. Application of this Act to marihuana.''. SEC. 3. DEREGULATION OF MARIHUANA. (a) Removed From Schedule of Controlled Substances.--Subsection (c) of Schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended-- (1) by striking ``marihuana''; and (2) by striking ``tetrahydrocannabinols''. (b) Removal of Prohibition on Import and Export.--Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended-- (1) in paragraph (1)-- (A) in subparagraph (F), by inserting ``or'' after the semicolon; (B) by striking subparagraph (G); and (C) by redesignating subparagraph (H) as subparagraph (G); (2) in paragraph (2)-- (A) in subparagraph (F), by inserting ``or'' after the semicolon; (B) by striking subparagraph (G); and (C) by redesignating subparagraph (H) as subparagraph (G); (3) in paragraph (3), by striking ``paragraphs (1), (2), and (4)'' and inserting ``paragraphs (1) and (2)''; (4) by striking paragraph (4); and (5) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively. SEC. 4. CONFORMING AMENDMENTS TO CONTROLLED SUBSTANCES ACT. The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended-- (1) in section 102(44) (21 U.S.C. 802(44)), by striking ``marihuana,''; (2) in section 401(b) (21 U.S.C. 841(b))-- (A) in paragraph (1)-- (i) in subparagraph (A)-- (I) in clause (vi), by inserting ``or'' after the semicolon; (II) by striking (vii); and (III) by redesignating clause (viii) as clause (vii); (ii) in subparagraph (B)-- (I) by striking clause (vii); and (II) by redesignating clause (viii) as clause (vii); (iii) in subparagraph (C), by striking ``subparagraphs (A), (B), and (D)'' and inserting ``subparagraphs (A) and (B)''; (iv) by striking subparagraph (D); (v) by redesignating subparagraph (E) as subparagraph (D); and (vi) in subparagraph (D)(i), as redesignated, by striking ``subparagraphs (C) and (D)'' and inserting ``subparagraph (C)''; (B) by striking paragraph (4); and (C) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively; (3) in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by striking ``, marihuana,''; (4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking ``, marihuana,''; (5) in section 418(a) (21 U.S.C. 859(a)), by striking the last sentence; (6) in section 419(a) (21 U.S.C. 860(a)), by striking the last sentence; (7) in section 422(d) (21 U.S.C. 863(d))-- (A) in the matter preceding paragraph (1), by striking ``marijuana,''; and (B) in paragraph (5), by striking ``, such as a marihuana cigarette,''; and (8) in section 516(d) (21 U.S.C. 886(d)), by striking ``section 401(b)(6)'' each place the term appears and inserting ``section 401(b)(5)''.

Ending Federal Marijuana Prohibition Act of 2015 This bill amends the Controlled Substances Act to remove marijuana and tetrahydrocannabinols from the list of Schedule I (highabuse potential, no accepted medical use, and severe safety concerns)controlled substances.However, the bill prohibits shipping or transporting marijuana interstate or from any foreign country into a U.S. jurisdiction in which its possession, use, or sale is prohibited. Additionally, the bill amends the Controlled Substances Import and Export Act to eliminate marijuana as a controlled substance under such Act.

Ending Federal Marijuana Prohibition Act of 2015