FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Five-Star Generals Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States Army Command and General Staff College at Fort Leavenworth, Kansas (in this Act referred to as the ``CGSC'') has, in its many evolutionary forms, served this Nation consistently and well for 127 years, since its founding in 1881; (2) the CGSC has played a decisive role in the education and training of officers, particularly in their field grade years of service, in times of war and peace, since its establishment; (3) the CGSC has had a salutatory effect on many fields of battle by providing its officer student bodies the necessary skills of battle management, leadership development, and the most modern and effective command and staff action procedures, all of which have been key to this Nation's success in its many conflicts which, thereby, have preserved its freedoms and way of life; (4) the CGSC does not have a commemorative coin cast in celebrating its long and honorable history, displaying its heritage, and serving as a reminder to the holder of such coins of the service to the Nation its graduates have provided in war and peace; (5) the CGSC is the Nation's largest and oldest military staff college, and continues to educate officers of all branches of the United States Armed Forces, select members of civilian government, and officers from many friendly and allied nations from around the globe; (6) located squarely in the American heartland, the CGSC will continue to serve as a beacon of light to the proposition of intellectual curiosity and professional military excellence in the development of its students, and serve as a link to American citizenry grateful for the sacrifices, some in the fullest measure of duty and devotion to the Nation, made by its graduates; (7) the United States Army Command and General Staff College Foundation, Inc. (in this Act referred to as the ``Foundation'') is dedicated to promoting excellence in the faculty and students of the CGSC, and to seek new ways to educate and remind citizens of the capable and selfless service of United States military officers, and to imbue in them a sense of pride in those who bear the burden of military leadership in the Nation's wars and in times of peace; (8) the Foundation is a nongovernmental, member-based, and publicly supported nonprofit organization that is entirely dependent on funds from members, donations, and grants for its functions and supports exclusively the CGSC; (9) the Foundation uses funding to provide the Margin of Excellence to the programs and activities of the CGSC in support of the educational needs of the general officer corps of the Armed Forces, and the faculty and staff attendant thereto; (10) in 2006, the Secretary of the Army accepted the first Foundation gift in support of the CGSC; (11) the Foundation is actively engaged in the initial stages of its first capital campaign to support the CGSC; (12) the 5 Five-Star Generals who attended or taught at the CGSC at Fort Leavenworth are Douglas MacArthur, George C. Marshall, Henry ``Hap'' Arnold, Dwight D. Eisenhower, and Omar N. Bradley; (13) Douglas MacArthur, General of the Army-- (A) was a distinguished soldier, scholar, and strategist who gave 61 years of service to his country; (B) commanded the 42d Division in World War I, and later served as the Chief of the Army General Staff; (C) prior to retirement, was the Military Advisor to the Commonwealth of the Philippines; (D) in 1941, was recalled to active duty as Commanding General, United States Army, Far East; (E) was awarded the Medal of Honor for his heroic defense of the Philippines; (F) after being ordered to depart the Philippines by the President, inspired the world with his statement, ``I shall return''; (G) led forces under his command to defeat those of the Empire of Japan; (H) after accepting the Japanese surrender, directed the highly successful reconstruction of the Japanese nation, and served as the first commander of United Nations Forces during the Korean War; and (I) son of General Arthur MacArthur, spent time as a child at Fort Leavenworth and taught as a Captain in the Field Engineering School, and served as the adjutant, quartermaster, and commanding officer of the 3d Engineer Battalion (later reflagged as the 2d Engineer Battalion); (14) George C. Marshall, General of the Army-- (A) entered the Army from the Virginia Military Institute in 1902; (B) during a long career of public service, distinguished himself as a leader, tactician, strategist, statesman and, truly, as the ``Organizer of Victory''; (C) in World War I, was regarded as 1 of the most talented staff officers in the United States Army; (D) after World War I, and after many long and challenging duties during the interwar years, was appointed United States Army Chief of the General Staff in 1939; (E) during World War II, achieved recognition as one of America's greatest military leaders; (F) as chief strategist of World War II, materially assisted in directing the Allied Powers to victory; (G) in 1947, was appointed Secretary of State; (H) had an outstanding career as a statesman, proving equal to his brilliant military career; (I) was awarded the Nobel Peace Prize for his conception and implementation of the European Recovery Program, and, subsequently, served as the Secretary of Defense for 1 year; and (J) graduated from the United States Army School of the Line in 1907 and the United States Army Staff College in 1908, followed by instructor duty at Fort Leavenworth in 1909 and 1910; (15) Henry H. ``Hap'' Arnold, General of the Army-- (A) is the only officer in the history of the United States to earn the ranks of General of the Army and General of the Air Force; (B) a graduate of the United States Military Academy at West Point in 1907 and received his pilot training in 1911 from the Wright brothers in Dayton, Ohio; (C) became 1 of the Nation's strongest advocates for air power, and personally held numerous records and trophies for flying achievements, including the first delivery of United States mail by air, and many accomplishments in and from the air in the World Wars, particularly in World War II, were heavily influenced by his genius; (D) as a result of his contributions, gave a third dimension to battles of World War II through massed air power, sweeping the skies of the enemy and denying to the enemy mobility on the ground; (E) received a citation which reads in part: ``from conception to execution, General Arnold's leadership guided the mightiest air force in history''; and (F) was at Fort Leavenworth as a student at the CGSC from 1928 through 1929; (16) Dwight D. Eisenhower, General of the Army-- (A) in 1915, began a career of distinguished public service, reaching the highest positions of military and civil leadership in the United States; (B) during World War II, as Commander in Chief, Allied Expeditionary Force, led the invasion of North Africa and the defeat of the German forces on that continent; (C) in 1944, as Supreme Allied Commander, Allied Expeditionary Force, was instructed ``You will enter the continent of Europe, and, in conjunction with other United Nations, undertake operations aimed at the heart of Germany and the destruction of her armed forces''; (D) in accomplishing that mission, commanded the largest combination of land, sea, and air forces in history; (E) following World War II, was instrumental in the development of the North Atlantic Treaty Organization; (F) after his brilliant military career, he was elected 34th president of the United States; (G) served at Fort Leavenworth from 1917 through 1918 as a tactical instructor officer for a course for lieutenants, and in 1925 through 1926, was a student at the CGSC, from which he was the honor graduate of his class; and (17) Omar N. Bradley, General of the Army-- (A) throughout his distinguished military career, was recognized as an exceptional leader, tactician, and educator; (B) as Commandant of the Infantry School, developed the officer candidate program, through which more than 45,000 leaders of United States combat forces in World War II were commissioned; (C) during World War II, successfully commanded a division, corps, Army, and Army Group; (D) while commanding II Corps, was instrumental in defeating German forces in North Africa and Sicily; (E) reached a peak in his successful career as a field commander when, as commander of the 12th Army Group, which contained the largest number of Americans to ever serve under 1 commander, he greatly assisted in the liberation of Europe; (F) became the Army Chief of Staff in 1948 and the first Chairman of the Joint Chiefs of Staff in 1949; and (G) was at Fort Leavenworth as a student at the CGSC, from 1928 through 1929. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and celebration of the Five-Star Generals' attendance and graduation from the CGSC, and notwithstanding any other provision of law, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins.--Not more than 750,000 half dollar coins, which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall include the portraits of Generals George C. Marshall, Douglas MacArthur, Dwight D. Eisenhower, Henry ``Hap'' Arnold, and Omar N. Bradley. (2) Designations and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2013''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall-- (1) be selected by the Secretary, after consultation with the Command and General Staff College Foundation, and the Commission of Fine Arts; and (2) be reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facilities.--For each of the 3 coins minted under this Act, at least 1 facility shall be used to strike proof quality coins, while at least 1 other facility shall be used to strike the uncirculated quality coins. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2013. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Command and General Staff College Foundation to help finance their support of the CGSC. (c) Audits.--The Command and General Staff College Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Foundation under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

Five-Star Generals Commemorative Coin Act - Directs the Secretary of the Treasury ( Secretary) to mint and issue $5 gold coins, $1 Silver Coins, and half dollar clad coins in recognition and celebration of the Five-Star Generals' attendance and graduation from the Command and General Staff College (CGSC). Requires the design of such coins to include the portraits of Generals George C. Marshall, Douglas MacArthur, Dwight D. Eisenhower, Henry "Hap" Arnold, and Omar N. Bradley. Restricts the issuance of such coins to calendar 2013. Requires specified surcharges in the sale of such coins, which shall be paid promptly to the CGSC Foundation to help finance its support of the College.

A bill to require the Secretary of the Treasury to mint coins in recognition of 5 United States Army Five-Star Generals, George Marshall, Douglas MacArthur, Dwight Eisenhower, Henry "Hap" Arnold, and Omar Bradley, alumni of the United States Army Command and General Staff College, Fort Leavenworth, Kansas, to coincide with the celebration of the 132nd Anniversary of the founding of the United States Army Command and General Staff College.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Explosives Fingerprinting Act''. SEC. 2. EXPLOSIVE TAGGANTS. (a) Definitions.--Section 841 of title 18, United States Code, is amended by adding at the end the following: ``(o) `Identification taggant' means any substance which-- ``(1) is added to an explosive material during the manufacture of the material; and ``(2) after detonation-- ``(A) is retrievable; ``(B) permits the identification of the manufacturer and the date of manufacture, of the material; and ``(C) provides such other information as the Secretary may require. ``(p) `Detective taggant' means any substance which-- ``(1) is added to an explosive material during the manufacture of the material; and ``(2) permits the detection of the material before its detonation.''. (b) Prohibitions.--Section 842 of such title is amended by adding at the end the following: ``(l)(1) It shall be unlawful for any person knowingly to manufacture any explosive material that does not contain an identification taggant which satisfies the standards promulgated by the Secretary under section 847. ``(2) It shall be unlawful for any person knowingly to manufacture any explosive material that does not contain a detection taggant which satisfies the standards promulgated by the Secretary under section 847. ``(3) It shall be unlawful for any person knowingly to transport, ship, distribute, or receive, or cause to be transported, shipped, distributed, or received, in interstate or foreign commerce any explosive material that does not contain an identification taggant which satisfies the standards promulgated by the Secretary under section 847. ``(4) It shall be unlawful for any person knowingly to transport, ship, distribute, or receive, or cause to be transported, shipped, distributed, or received, in interstate or foreign commerce any explosive material that does not contain a detection taggant which satisfies the standards promulgated by the Secretary under section 847. ``(5) It shall be unlawful for any person knowingly to import any explosive material that does not contain an identification taggant which satisfies the standards promulgated by the Secretary under section 847. ``(6) It shall be unlawful for any person knowingly to import any explosive material that does not contain a detection taggant which satisfies the standards promulgated by the Secretary under section 847. ``(7) It shall be unlawful for any person knowingly to resell or otherwise dispose of any explosive material, sold as surplus by a department, agency, or instrumentality of the United States, that does not contain an identification taggant which satisfies the standards promulgated by the Secretary under section 847. The shipment of surplus explosive materials from the military establishment where sold to the purchaser's place of business shall be in accordance with regulations promulgated by the Secretary. ``(8) It shall be unlawful for any person knowingly to resell or otherwise dispose of any explosive material, sold as surplus by a department, agency, or instrumentality of the United States, that does not contain a detection taggant which satisfies the standards promulgated by the Secretary under section 847. The shipment of surplus explosive materials from the military establishment where sold to the purchaser's place of business shall be in accordance with regulations promulgated by the Secretary. ``(9) Paragraphs (1) through (8) shall not apply to any explosive material designated by the President or his designee as an explosive material to be used by the Department of Defense or another agency of Government for national defense or international security purposes. Any explosive material so designated shall be reported promptly to the Secretary.''. (c) Penalties.--Section 844(a) of such title is amended-- (1) by striking ``(a) Any'' and inserting ``(a)(1) Any''; and (2) by adding at the end the following: ``(2) Any person who violates section 842(l)(1) shall be fined not more than $10,000 or imprisoned not more than 10 years, or both.''. (d) Exceptions.--Section 845(a) of such title is amended by adding at the end the following: ``Notwithstanding the preceding sentence, section 842(l)(1) shall apply to the matters described in paragraphs (4) and (5) of this subsection.''. (e) Effective Dates.--(1) Except as otherwise provided in this subsection, the amendments made by this section shall take effect 1 year after the date of the enactment of this Act. (2) Paragraph (2) section 842(l) of title 18, United States Code, shall take effect 2 years after the date of the enactment of this Act. (3) Paragraph (3) of such section shall take effect 2 years after such date of enactment. (4) Paragraph (4) of such section shall take effect 3 years after such date of enactment. (5) Paragraph (5) of such section shall take effect 1 year after such date of enactment. (6) Paragraph (6) of such section shall take effect 2 years after such date of enactment. (7) Paragraph (7) of such section shall take effect 2 years after such date of enactment. (8) Paragraph (8) of such section shall take effect 3 years after such date of enactment. (f) Deferral of Effective Dates.-- (1) In general.--The Secretary of the Treasury shall by regulation defer 1 or more of the effective dates provided for in this subsection by extensions of not more than 1 year at a time until the Secretary is satisfied that identification and detection taggants (as defined in section 841 of title 18, United States Code)-- (A) are available in sufficient quantity for commercial purposes; (B) will not impair the quality of explosive materials for their intended use; and (C) will not adversely affect the environment. (2) Prior notice to the congress.--The Secretary shall inform the Congress 60 days before deferring the effective date of any provision pursuant to paragraph (1), specifying the reasons for the deferral, and estimating the time the Secretary expects the provision will become effective.

Explosives Fingerprinting Act - Amends the Federal criminal code to prohibit the manufacture, importation, transport, shipment, distribution, or receipt in interstate or foreign commerce, or resale or other disposition as surplus by a Government department, agency, or instrumentality of any explosive material that does not contain an identification taggant and a detection taggant. Makes such provisions inapplicable to any such material designated by the President for use by the Department of Defense or another Government agency for national defense or international security purposes. Sets penalties for violations. Directs the Secretary of the Treasury to: (1) defer specified effective dates of prohibitions under this Act until the Secretary is satisfied that identification and detection taggants are available in sufficient quantity for commercial purposes, will not impair the quality of explosive materials for their intended use, and will not adversely affect the environment; and (2) inform the Congress before making any such deferrals.

Explosives Fingerprinting Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Soledad Canyon Mine Act''. SEC. 2. FINDING AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Transit Mix Concrete Corporation holds two valid Federal contracts, numbered CA-20139 and CA-22901, issued under the Materials Act of 1947, for the extraction of approximately 56,000,000 tons of sand and gravel from the Federal mineral estate in lands located in Soledad Canyon adjacent to the city of Santa Clarita, California. (2) It is in the best interest of the citizens of California and the Federal Government to cancel the Contracts and prohibit future mining in the Soledad Canyon area of California. (3) TMC should receive as just compensation for such cancellation the fair market value of the Contracts and all costs, fees, and covered liabilities incurred by TMC in good faith in its efforts to develop the Contracts. (4) A site-specific solution that is fair to TMC and that seeks to protect the environment and minimize impacts on local transportation systems is in the best interest of the Nation. (5) Considerable sums of money have been expended by TMC and the city of Santa Clarita on legal and other services in trying to ensure their interests are protected with respect to Contracts CA-20139 and CA-22901. (b) Purposes.--The purposes of this Act are the following: (1) To provide to the Bureau of Land Management the authority to cancel contracts CA-20139 and CA-22901 and prohibit future mining in the Soledad Canyon. (2) To provide a means for TMC to recover as just compensation for the cancellation of the Contracts the fair market value of, and TMC's expenditures and covered liabilities pursuing the development of, the Contracts. (3) To provide the Bureau of Land Management tools to verify expenses incurred by TMC and provide relief. (4) To provide timelines for the verification of costs incurred by TMC and the determination of just compensation, and to provide a dispute resolution process. SEC. 3. DEFINITIONS. In this Act: (1) Contracts.--The term ``Contracts'' means Bureau of Land Management mineral contracts numbered CA-20139 and CA-22901. (2) Covered liabilities.--The term ``covered liabilities'' includes any court-ordered or court-approved payment, settlement, or other liability on the part of TMC for damages, costs, compensation, or reimbursement to any third party for agreements entered into by TMC in good faith prior to January 1, 2008, in order to exercise rights under the Contracts. (3) Materials act of 1947.--The term ``Materials Act of 1947'' means the Act of July 31, 1947, (chapter 406; 61 Stat. 681; 30 U.S.C. 601-604). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) TMC.--The term ``TMC'' means the Transit Mixed Concrete Corporation and its successors in interest, including CEMEX USA. SEC. 4. CANCELLATION OF THE CONTRACTS. (a) Contract Cancellations.--The Secretary shall cancel Bureau of Land Management mineral contracts CA-20139 and CA-22901 and withdraw those areas that were subject to the Contracts from further mineral entry under all mineral leasing and sales authorities available to the Secretary, effective on the date of the enactment of this Act. (b) Compensation.-- (1) In general.--As compensation for the cancellation of the Contracts, TMC shall receive fair market value of the Contracts and TMC's expenditures and covered liabilities in trying to bring the Contracts into commercial production. As such compensation, the Secretary shall provide to TMC surface and mineral interests and additional value in accordance with subsection (d) having a total value equal to the amount described in paragraph (3). All such expenditures must have been incurred by TMC in good faith in connection with its efforts to bring the Contracts into commercial production: Provided, however, that compensation for covered liabilities may be paid to TMC under this section for up to 15 years following the effective date of this Act. (2) Increase in adjusted basis of contract upon cancellation.--For purposes of the Internal Revenue Code of 1986, the adjusted basis of any contract to which section 4(a) applies shall be increased (immediately before the cancellation of such contract under such section) by the excess (if any) of-- (A) the fair market value of such contract (determined immediately before such cancellation), over (B) the adjusted basis of such contract (as determined immediately before the application of this section). (3) Value described.--The compensation provided for in paragraph (1) is equal to the sum of the following: (A) All amounts paid to the United States by TMC with respect to the Contracts as bonus bids or other prepayments. (B) Interest on amounts referred to in subparagraph (A), from the date of payment of such amounts to the United States, at a rate determined by the Secretary. (C) Amounts expended by TMC in securing the contracts and trying to bring them into production, including-- (i) all actual costs, including fees, associated with the engineering and environmental studies, and permitting proceedings, that were incurred in good faith in TMC's efforts to exercise the rights granted under the Contract terms; and (ii) all actual legal costs, including fees and covered liabilities, incurred in good faith in TMC's efforts to exercise the rights granted in the Contracts, including all fees and costs associated with securing permits and entitlements, litigation to compel, secure, or defend permits or entitlements, and litigation in connection with disputes relating to mineral and surface estate rights to the property that is the subject of the Contracts. (D) The fair market value of the Contracts. (4) Determination of fair market value.--The Secretary shall, within six months after the date of enactment of this Act, determine by mineral appraisal the fair market value of the contracts at the time of such determination for purposes of paragraph (3)(D), determine by mineral appraisal or other generally accepted applicable appraisal techniques the fair market value of the surface and mineral estate identified in the map referred to in subsection (d), and notify TMC of those determinations. In determining the fair market value of the Contracts, the Secretary shall assume that-- (A) TMC has obtained all permits and entitlements necessary to mine, produce, process, and sell sand and gravel from the Contracts; (B) mining operations under the Contracts have commenced at the time of the determination, with maximum annual production volumes that-- (i) are based on the projected supply and demand outlook at the time of determination; and (ii) reflect depletion of the reserves of the Contracts within the effective periods of the Contract; (C) the fair market value of the Contracts includes the present value of expected future net cash flows to be derived from the mining, producing, processing, and sale of the sand and gravel contained in the Contracts over the minimum time necessary to mine, produce, process, and sell such sand and gravel, taking into consideration-- (i) the material deposit contained in the contract sites and its quality, volume, minability, and reclamation requirements; (ii) the proximity of the contract sites to markets; (iii) the type of market that could be served from the contract sites, including future supply, demand, and probable price increases based upon construction material data developed by the State of California; (iv) the cost of mining, producing, processing, and selling the material reserved in the contract sites; (v) the types and costs of transportation for such production from the contract sites to markets; (vi) royalties, taxes, and fees to mine and sell the production from the contract sites; (vii) similar market sales of materials the area or region of the contract sites; and (viii) the net present values of expected future cash flows from proposed mining operations of the Contract sites taking into consideration, at a minimum, the matters referred to in clauses (i) through (viii). (c) Submission of Expenses Incurred.-- (1) In general.--To assist in the verification of the amounts expended referred to in subsection (b)(3)(C), TMC shall submit to the Secretary within 60 days after the date of enactment of this Act an itemized list of such amounts, with enough detail and supporting documentation so the Secretary can determine that the expenses are associated with the Contracts. (2) Arbitration.--The Secretary shall issue the determination of the amounts expended referred to in subsection (b)(3)(C) within 60 days after receipt of the itemized list required under paragraph (1). If the Secretary disapproves such list, the Secretary shall, upon request of TMC, determine the economic value invested for purposes of subsection (b)(3) through arbitration in accordance with subchapter IV of chapter 5 of title 5, United States Code. (d) Return of Value Opportunities for TMC.-- (1) In general.--Within six months after the completion of the requirements of subsections (b) and (c), the Secretary shall provide to TMC the following: (A) Surface and mineral estate interests and additional value under subsection (b)(1) using the surface and mineral estate as described and delineated as Area A on the map entitled ``Cemex USA and City of Victorville, California Land Disposal and Acquisition Agreement'' and on file with the Secretary, consisting of approximately 5,000 acres. (B) If the fair market value of the surface and mineral estate used under subparagraph (A) is less than the sum described in subsection (b)(3), additional mineral or surface estate under subsection (b)(1) using the surface and mineral estate as described and delineated as Area B on the map entitled ``Cemex USA and City of Victorville, California Land Disposal and Acquisition Agreement'' and on file with the Secretary, consisting of approximately 3,000 acres as is necessary so that the sum of the values provided under subparagraph (A) and this subparagraph does not exceed the sum described in subsection (b)(3). (C) If the sum of the fair market values of the surface and mineral estates and additional value provided under subparagraphs (A) and (B) is less that the sum described in subsection (b)(3), additional value as is necessary so that the sum of the values provided under subparagraphs (A) and (B) and this subparagraph does not exceed the sum described in subsection (b)(3), in the form of one or more of the following that are mutually agreed to by the Secretary and TMC: (i) Credits that may be applied against future royalties, bonus bids, or rental fees for Federal lands administered by the Secretary and located within the State of California, including leases for all submerged lands of the outer Continental Shelf. (ii) Interest in the mineral estate in Federal lands in the State of California that are available for sale under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or other law administered by the Secretary. (iii) Interests in the surface estate in Federal lands in the State of California that are under the administrative jurisdiction of the Secretary and that are available for disposal. (e) Treatment of Credits.-- (1) Term.--Credits provided under subsection (d) shall expire at the end of the 10-year period beginning on the date the credits are issued by the Secretary. (2) Assignment.--TMC may assign credits provided to TMC under subsection (d) to any person who satisfies the same requirements to hold the Contracts as those that applied to TMC under the Materials Act of 1947. (f) Referral to Court of Claims.-- (1) Referral.--If within 12 months after the date of enactment of this Act, the Secretary and TMC do not reach agreement under subsections (b), (c), and (d) regarding the financial and mineral production opportunities to be provided by the Secretary to TMC under subsection (b)(1), or, if within 3 months after TMC receives notice in accordance with subsection (b)(4) of the fair market value determined by the Secretary of the surface and mineral estate identified in the maps referred to in subsection (d) TMC or the city of Victorville, California, notifies the Secretary that it disagrees with the Secretary's determination, the Secretary shall refer the issues upon which TMC, or the city of Victorville, California, and the Secretary are not in agreement with respect to such an agreement or fair market value to the United States Court of Federal Claims for resolution (2) Resolution by court.--In any referral under this subsection, the court shall-- (A) determine de novo the values described in subsection (b) and (d), including the fair market values of the surface and mineral estates as described and delineated on the maps referred to in subsection (d)(1); and (B) determine and order the Secretary to provide financial and mineral production opportunities consistent with subparagraph (A), for purposes of subsections (b)(1) and (d). SEC. 5. LIMITATIONS ON FUTURE LEASING FOR LAND OR MINERAL ESTATE IN THE VICTOR VALLEY AREA OF CALIFORNIA. Notwithstanding anything in this Act to the contrary, prior to any lease, transfer, or other disposition of land or any mineral or surface estate for any area that is located in the city of Victorville, California, the city of Victorville's sphere of influence, or the city of Victorville's proposed sphere of influence, all as delineated on the map entitled ``Cemex USA and City of Victorville, California Land Disposal and Acquisition Agreement'' and on file with the Secretary, the Secretary shall-- (1) consult with the city of Victorville, California, and surface owners in that area; and (2) prohibit mining in that area.

Soledad Canyon Mine Act - Instructs the Secretary of the Interior to cancel Bureau of Land Management mineral contracts CA-20139 and CA-22901 and withdraw from further mineral entry the areas subject to them, which are located in Soledad Canyon adjacent to Santa Clarita, California. Requires Transit Mixed Concrete Corporation to receive, as compensation for cancellation of the contracts, their fair market value and its expenditures and covered liabilities in trying to bring the contracts into commercial production. Increases the adjusted basis of the contracts upon cancellation for federal tax purposes. Directs the Secretary, before any disposition of land, mineral or surface estate for any area located in the city of Victorville, California, to: (1) consult with the city and surface owners; and (2) prohibit mining in such area.

To provide to the Secretary of Interior a mechanism to cancel contracts for the sale of materials CA-20139 and CA-22901, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Court of Federal Claims Administration Act of 1994''. SEC. 2. EXTENDED SERVICE. Section 172(a) of title 28, United States Code, is amended by adding at the end thereof the following new sentence: ``If a judge is not reappointed, such judge may continue in office until a successor is appointed and takes office.''. SEC. 3. SERVICE ON TERRITORIAL COURTS. Section 174 of title 28, United States Code, is amended by adding at the end thereof the following new subsection: ``(c) Upon request by or on behalf of a territorial court and with the concurrence of the chief judge of the Court of Federal Claims and the chief judge of the judicial circuit involved based upon a finding of need, judges of the Court of Federal Claims shall have authority to conduct proceedings in the district courts of territories to the same extent as duly appointed judges of those courts.''. SEC. 4. RESIDENCE OF RETIRED JUDGES. Section 175 of title 28, United States Code, is amended by adding at the end thereof the following new subsection: ``(c) Retired judges of the Court of Federal Claims are not subject to restrictions as to residence. The place where a retired judge maintains the actual abode in which such judge customarily lives shall be deemed to be the judge's official duty station for the purposes of section 456 of this title.''. SEC. 5. JUDICIAL CONFERENCE PARTICIPATION. Section 331 of title 28, United States Code, is amended-- (1) by inserting in the first sentence of the first undesignated paragraph ``the chief judge of the United States Court of Federal Claims,'' after ``Court of International Trade,''; (2) by inserting in the first sentence of the third undesignated paragraph ``the chief judge of the United States Court of Federal Claims,'' after ``the chief judge of the Court of International Trade,''; and (3) by inserting in the first sentence of the third undesignated paragraph ``or United States Court of Federal Claims,'' after ``any other judge of the Court of International Trade,''. SEC. 6. COURT OF FEDERAL CLAIMS JUDICIAL CONFERENCE. (a) In General.--Chapter 15 of title 28, United States Code, is amended by adding at the end thereof the following new section: ``Sec. 336. Judicial Conference of the Court of Federal Claims ``(a) The chief judge of the Court of Federal Claims is authorized to summon annually the judges of such court to a judicial conference, at a time and place that such chief judge designates, for the purpose of considering the business of such court and improvements in the administration of justice in such court. ``(b) The Court of Federal Claims shall provide by its rules or by general order for representation and active participation at such conference by members of the bar.''. (b) Technical and Conforming Amendments.--The table of sections of chapter 15 is amended by adding the following new item: ``336. Judicial Conference of the Court of Federal Claims.''. SEC. 7. RECALL OF JUDGES ON DISABILITY STATUS. Section 797(a) of title 28, United States Code, is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by adding at the end thereof the following new paragraph: ``(2) Any judge of the Court of Federal Claims receiving an annuity pursuant to section 178(c) of this title (relating to disability) who, in the estimation of the chief judge, has recovered sufficiently to render judicial service, shall be known and designated as a senior judge and may perform duties as a judge when recalled pursuant to subsection (b) of this section.''. SEC. 8. JURISDICTION. Section 1491(a) of title 28, United States Code, is amended-- (1) in paragraph (1)-- (A) by inserting ``for monetary relief'' after ``any claim against the United States''; and (B) by striking out ``or for liquidated or unliquidated damages''; (2) in paragraph (2)-- (A) by inserting ``(A) In any case within its jurisdiction, the Court of Federal Claims shall have the power to grant injunctive and declaratory relief when appropriate.'' after ``(2)''; (B) by striking out the last sentence; and (C) by adding at the end thereof the following new subparagraph: ``(B) The Court of Federal Claims shall have jurisdiction to render judgment upon any claim by or against, or dispute with, a contractor arising under section 10(a)(1) of the Contract Disputes Act of 1978 (41 U.S.C. 609(a)(1)), including a dispute concerning termination of a contract, rights in tangible or intangible property, compliance with cost accounting standards, and other nonmonetary disputes on which a decision of the contracting officer has been issued under section 6 of that Act (41 U.S.C. 605).''; and (3) by adding at the end thereof the following new paragraphs: ``(4) In cases otherwise within its jurisdiction, the Court of Federal Claims shall also have ancillary jurisdiction, concurrent with the courts designated in section 1346(b) of this title, to render judgment upon any related tort claim authorized by section 2674 of this title. ``(5) In cases within the jurisdiction of the Court of Federal Claims which constitute judicial review of agency action, the provisions of section 706 of title 5 shall apply.''. SEC. 9. SENIOR STATUS PROVISION. Section 178 of title 28, United States Code, is amended by adding at the end thereof the following new subsection: ``(m) For the purposes of applying section 3121(i)(5) of the Internal Revenue Code of 1986 and section 209(h) of the Social Security Act (42 U.S.C. 409(h)), the annuity of a Court of Federal Claims judge on senior status after age 65 shall be deemed to be an amount paid under section 371(b) of this title for performing services under the provisions of section 294 of this title.''. SEC. 10. MISCELLANEOUS PROVISION. (a) In General.--Chapter 7 of title 28, United States Code, is amended by adding after section 178 the following new section: ``Sec. 179. Court of Federal Claims judges as officers of the United States ``(a) For the purpose of applying the provisions of title 5, a judge of the United States Court of Federal Claims shall be deemed to be an ``officer'' as defined under section 2104(a) of title 5. ``(b) For the purpose of applying chapter 87 of title 5, a judge of the United States Court of Federal Claims who is retired under section 178 of this title shall be deemed to be a judge of the United States as defined under section 8701(a)(5)(ii) of title 5.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 7 of title 28, United States Code, is amended by adding at the end thereof the following new item: ``179. Court of Federal Claims judges as officers of the United States.''. SEC. 11. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.

Court of Federal Claims Administration Act of 1994 - Amends the Federal judicial code to allow a judge of the U.S. Court of Federal Claims (Court) who is not reappointed to continue in office until a successor is appointed and takes office. (Sec. 3) Grants judges of the Court authority to conduct proceedings in the district courts of territories to the same extent as duly appointed judges of those courts upon request by or on behalf of a territorial court and with the concurrence of the chief judge of the Court and the chief judge of the judicial circuit involved based upon a finding of need. (Sec. 4) Exempts retired judges of the Court from residence restrictions. Provides that the place where a retired judge maintains the actual abode in which such judge customarily lives shall be the judge's official duty station. (Sec. 5) Provides for Court membership on the Judicial Conference of the United States. (Sec. 6) Authorizes the chief judge of the Court to summon the Court judges to a judicial conference annually to consider the business of, and improvements in the administration of justice in, the Court. Directs the Court to provide by its rules or by general order for representation and active participation at such conference by members of the bar. (Sec. 7) Authorizes the chief judge of the Court to recall a formerly disabled judge who retires under the disability provisions of the Court's retirement system if, in the chief judge's view, such judge has recovered sufficiently to render judicial service. (Sec. 8) Grants the Court: (1) the power to grant injunctive and declaratory relief; (2) jurisdiction to render judgment upon any claim by or against, or dispute with, a contractor arising under specified provisions of the Contract Disputes Act of 1978; and (3) ancillary jurisdiction under the Federal Tort Claims Act when a claim is directly related to one otherwise within the Court's jurisdiction. (Sec. 9) Provides that Court judges over age 65 who are on senior status will receive the same treatment as other Federal trial judges on senior status insofar as Social Security taxes and annuity payments are concerned. (Sec. 10) Deems a Court judge to be a judicial officer eligible for coverage under annuity, insurance, and other programs available to other Federal trial judges, including the program for continued Federal life insurance coverage after retirement.

Court of Federal Claims Administration Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voter Fraud Prevention Act''. SEC. 2. STANDARDS FOR DISTRIBUTION OF VOTER REGISTRATION APPLICATION FORMS AND REGISTRATION REQUIREMENTS FOR ORGANIZATIONS. (a) In General.--Subtitle A of title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended by inserting after section 303 the following new section: ``SEC. 303A. STANDARDS FOR DISTRIBUTION OF VOTER REGISTRATION APPLICATION FORMS AND REGISTRATION REQUIREMENTS FOR ORGANIZATIONS. ``(a) Standards for Distribution of Voter Registration Application Forms.-- ``(1) Standards described.-- ``(A) In general.--An individual may not distribute a voter registration application form for elections for Federal office held in a State if the individual-- ``(i) has been convicted of a felony under any State or Federal law; ``(ii) does not sign and print legibly their name on the form; ``(iii) does not provide identifying information (including their name, address, and other appropriate contact information, including the name and address of any organization which pays them directly or indirectly to distribute such forms) to the election official to whom the form will be submitted upon completion by the applicant; and ``(iv) does not certify, under penalty of perjury, that-- ``(I) they have not received financial compensation based on the number of voter registration application forms submitted by the individual to an election official upon completion by the applicant; and ``(II) the information provided by the individual under this subparagraph is accurate to the best of the individual's knowledge. ``(B) Exception for unpaid distributions.-- Subparagraph (A) does not apply with respect to the distribution of a voter registration application form by an individual who is not compensated directly or indirectly for the distribution of the form. ``(2) Penalties.-- ``(A) Distribution of forms by individuals not meeting standards.--Any individual who distributes a voter registration application form for elections for Federal office in a State in violation of paragraph (1) shall be guilty of a misdemeanor and fined in accordance with title 18, United States Code. ``(B) Employment of ineligible individual to distribute forms.--Any person who employs an individual to distribute voter registration application forms for elections for Federal office in a State and who knows, or should reasonably be expected to know, that the individual does not meet the standards described in paragraph (1) shall be guilty of a misdemeanor and fined in accordance with title 18, United States Code. ``(3) Effective date.--This subsection shall apply with respect to voter registration application forms distributed on or after the date that is 180 days after the date of enactment of this section. ``(b) Registration Requirements for Organizations.-- ``(1) In general.--An organization may not provide for the distribution of voter registration application forms (including any payment of an individual directly or indirectly to distribute such forms) for elections for Federal office held in a State if the organization has not registered with the State (in accordance with procedures established by the State). ``(2) Penalties.--Any organization which provides for the distribution of voter registration application forms for elections for Federal office in a State in violation of paragraph (1) shall be guilty of a misdemeanor and fined in accordance with title 18, United States Code. ``(3) Effective date.--This subsection shall apply with respect to voter registration application forms distributed on or after the date that is 180 days after the date of enactment of this section.''. (b) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 303 the following: ``Sec. 303A. Standards for distribution of voter registration application forms and registration requirements for organizations.''.

Voter Fraud Prevention Act - Amends the Help America Vote Act of 2002 to prescribe standards for paid distribution of voter registration application forms and registration requirements for organizations. Prohibits any individual from distributing, for compensation, a voter registration application form for federal elections in a state if the individual: (1) has been convicted of a felony under any state or federal law; (2) does not sign and print legibly the individual's name on the form; (3) does not provide identifying information to the proper election official; or (4) does not certify, under penalty of perjury, that he or she has not received financial compensation based on the number of voter registration application forms submitted by the individual to an election official upon completion by the applicant, and that the information provided by the individual is accurate to the best of the individual's knowledge. Excepts from this prohibition the distribution of a voter registration application form by an individual who is not compensated directly or indirectly for it. Establishes criminal penalties for: (1) individuals not meeting such standards; and (2) anyone who employs such an individual knowingly, or who should reasonably be expected to know the individual is ineligible.

A bill to amend the Help America Vote Act of 2002 to establish standards for the distribution of voter registration application forms and to require organizations to register with the State prior to the distribution of such forms.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Notch Fairness Act of 1997''. SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD. (a) In General.--Section 215(a) of the Social Security Act is amended-- (1) in paragraph (4)(B), by inserting ``(with or without the application of paragraph (8))'' after ``would be made'', and by striking ``1984'' in clause (i) and inserting ``1989''; and (2) by adding at the end the following: ``(8)(A) In the case of an individual described in paragraph (4)(B) (subject to subparagraphs (F) and (G) of this paragraph), the amount of the individual's primary insurance amount as computed or recomputed under paragraph (1) shall be deemed equal to the sum of-- ``(i) such amount, and ``(ii) the applicable transitional increase amount (if any). ``(B) For purposes of subparagraph (A)(ii), the term `applicable transitional increase amount' means, in the case of any individual, the product derived by multiplying-- ``(i) the excess under former law, by ``(ii) the applicable percentage in relation to the year in which the individual becomes eligible for old-age insurance benefits, as determined by the following table: ``If the individual becomes eligible for The applicable such benefits in: percentage is: 1979............................... 55 percent 1980............................... 45 percent 1981............................... 35 percent 1982............................... 32 percent 1983............................... 25 percent 1984............................... 20 percent 1985............................... 16 percent 1986............................... 10 percent 1987............................... 3 percent 1988............................... 5 percent. ``(C) For purposes of subparagraph (B), the term `excess under former law' means, in the case of any individual, the excess of-- ``(i) the applicable former law primary insurance amount, over ``(ii) the amount which would be such individual's primary insurance amount if computed or recomputed under this section without regard to this paragraph and paragraphs (4), (5), and (6). ``(D) For purposes of subparagraph (C)(i), the term `applicable former law primary insurance amount' means, in the case of any individual, the amount which would be such individual's primary insurance amount if it were-- ``(i) computed or recomputed (pursuant to paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978, or ``(ii) computed or recomputed (pursuant to paragraph (4)(B)(ii)) as provided by subsection (d), (as applicable) and modified as provided by subparagraph (E). ``(E) In determining the amount which would be an individual's primary insurance amount as provided in subparagraph (D)-- ``(i) subsection (b)(4) shall not apply; ``(ii) section 215(b) as in effect in December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect) shall be deemed to provide that an individual's `computation base years' may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 61, plus the 3 calendar years after such period for which the total of such individual's wages and self-employment income is the largest; and ``(iii) subdivision (I) in the last sentence of paragraph (4) shall be applied as though the words `without regard to any increases in that table' in such subdivision read `including any increases in that table'. ``(F) This paragraph shall apply in the case of any individual only if such application results in a primary insurance amount for such individual that is greater than it would be if computed or recomputed under paragraph (4)(B) without regard to this paragraph. ``(G)(i) This paragraph shall apply in the case of any individual subject to any timely election to receive lump sum payments under this subparagraph. ``(ii) A written election to receive lump sum payments under this subparagraph, in lieu of the application of this paragraph to the computation of the primary insurance amount of an individual described in paragraph (4)(B), may be filed with the Commissioner of Social Security in such form and manner as shall be prescribed in regulations of the Commissioner. Any such election may be filed by such individual or, in the event of such individual's death before any such election is filed by such individual, by any other beneficiary entitled to benefits under section 202 on the basis of such individual's wages and self- employment income. Any such election filed after December 31, 1998, shall be null and void and of no effect. ``(iii) Upon receipt by the Commissioner of a timely election filed by the individual described in paragraph (4)(B) in accordance with clause (ii)-- ``(I) the Commissioner shall certify receipt of such election to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay such individual, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000, in 4 annual lump sum installments of $1,250, the first of which shall be made during fiscal year 1999 not later than July 1, 1999, and ``(II) subparagraph (A) shall not apply in determining such individual's primary insurance amount. ``(iv) Upon receipt by the Commissioner as of December 31, 1998, of a timely election filed in accordance with clause (ii) by at least one beneficiary entitled to benefits on the basis of the wages and self- employment income of a deceased individual described in paragraph (4)(B), if such deceased individual has filed no timely election in accordance with clause (ii)-- ``(I) the Commissioner shall certify receipt of all such elections received as of such date to the Secretary of the Treasury, and the Secretary of the Treasury, after receipt of such certification, shall pay each beneficiary filing such a timely election, from amounts in the Federal Old-Age and Survivors Insurance Trust Fund, a total amount equal to $5,000 (or, in the case of 2 or more such beneficiaries, such amount distributed evenly among such beneficiaries), in 4 equal annual lump sum installments, the first of which shall be made during fiscal year 1999 not later than July 1, 1999, and ``(II) solely for purposes of determining the amount of such beneficiary's benefits, subparagraph (A) shall be deemed not to apply in determining the deceased individual's primary insurance amount.''. (b) Effective Date and Related Rules.-- (1) Applicability of amendments.-- (A) In general.--Except as provided in paragraph (2), the amendments made by this Act shall be effective as though they had been included or reflected in section 201 of the Social Security Amendments of 1977. (B) Applicability.--No monthly benefit or primary insurance amount under title II of the Social Security Act shall be increased by reason of such amendments for any month before July 1999. The amendments made this section shall apply with respect to benefits payable in months in any fiscal year after fiscal year 2002 only if the corresponding decrease in adjusted discretionary spending limits for budget authority and outlays under section 3 of this Act for fiscal years prior to fiscal year 2003 is extended by Federal law to such fiscal year after fiscal year 2002. (2) Recomputation to reflect benefit increases.--In any case in which an individual is entitled to monthly insurance benefits under title II of the Social Security Act for June 1999, if such benefits are based on a primary insurance amount computed-- (A) under section 215 of such Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or (B) under section 215 of such Act as in effect prior to January 1979 by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977), the Commissioner of Social Security (notwithstanding section 215(f)(1) of the Social Security Act) shall recompute such primary insurance amount so as to take into account the amendments made by this Act. SEC. 3. OFFSET THROUGH REDUCTIONS IN DISCRETIONARY SPENDING LIMITS. Whenever the Director of the Office of Management and Budget estimates this legislation under section 252(d)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985, the Director shall decrease the adjusted discretionary spending limits for budget authority and outlays for each of fiscal years 1999 through 2002 set forth in section 251(c) of such Act by the increase in direct spending estimated to result from enactment of this legislation for that fiscal year. For fiscal year 1999, the decrease shall be in the nondefense category and for all other fiscal years shall be in the discretionary category. For purposes of section 252(b) of such Act, an amount equal to that decrease in the discretionary spending limit for outlays for each such fiscal year shall be treated as direct spending legislation decreasing the deficit for that fiscal year.

Notch Fairness Act of 1997 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the formula for the computation of minimum old age insurance benefits for individuals who reached age 65 in or after 1979 and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent and keyed to the year an individual became eligible for such benefits between 1979 and 1988. Allows such beneficiaries, in the alternative, to receive lump sum payments over four years totaling $5,000. Specifies offsetting nondefense and discretionary spending reductions the Director of the Office of Management and Budget shall make over a four-year period for the increase in direct spending estimated to result from enactment of this Act.

Notch Fairness Act of 1997

SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Federal Municipal Bond Marketing Support and Securitization Act of 2009''. (b) Definitions.--For purposes of this Act the following definitions shall apply: (1) Board.--The term ``Board'' means the Board of Governors of the Federal Reserve System. (2) Guarantee.--The term ``guarantee'' has the same meaning as in section 3 of the Federal Financing Bank Act of 1978. (3) Municipal security defined.--The term ``municipal security'' has the same meaning as in section 3(a)(30) of the Securities Exchange Act of 1934 and includes pooled investment funds under trusts established by State or local governmental entities and higher education savings plan trusts established by States to the extent any such trust is not excluded by the Secretary and does not consist of funds invested by persons other than States or municipalities the investment of which is subject to the direction of such person. (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 2. COOPERATION TO ADDRESS LIMITATIONS ON ACCESS TO MARKETS FOR MUNICIPAL SECURITIES. Upon the enactment of this Act, the Secretary of the Treasury and the Board of Governors of the Federal Reserve System shall consult with each other extensively for the purpose of-- (1) finding solutions for the grave effects of the current financial crisis on the markets for municipal securities; and (2) cooperating in the activities authorized under this Act to alleviate to the extent practicable such effects on the municipal securities markets. SEC. 3. PURCHASE, SALE, GUARANTEE, AND SECURITIZATION OF MUNICIPAL SECURITIES BY SECRETARY AND FEDERAL FINANCING BANK AUTHORIZED. (a) In General.--The Secretary of the Treasury shall establish a program, directly or through the Federal Financing Bank, to-- (1) purchase municipal securities; (2) issue securities backed by pools of such municipal securities; and (3) provide credit enhancement or guarantees for municipal securities. (b) Specific Authority.--In addition to the authority conferred under section 6 of the Federal Financing Bank Act of 1973 and subject to subsections (b) and (c) of such section, the Federal Financing Bank may-- (1) make commitments to purchase and sell, and to purchase and sell on terms and conditions determined by the Bank, any municipal security issued under a plan approved by the Secretary under subsection (c); (2) may guarantee the repayment of principal and interest on any municipal security issued under a plan approved by the Secretary under subsection (c); and (3) may issue and sell instruments representing interests in a pool consisting of municipal securities purchased by the Federal Financing Bank under this section. (c) Authority of Secretary Over Method, Source, Timing, Terms, and Conditions of Municipal Securities Issued for Purchase Under This Section.--To insure the orderly and coordinated marketing of municipal securities for purchase or guarantee as to principal and interest under this section, and to ensure that appropriate financing planning has been made with respect to such municipal securities, no municipal security may be purchased or guaranteed under this section unless the Secretary has approved, prior to the issuance of any such security -- (1) the method of financing; (2) the source of financing; (3) the timing of financing in relation to market conditions and financing by Federal agencies; and (4) the financing terms and conditions, including rates of interest and maturities, of the municipal securities. (d) Status of Insurance and Instruments.--Municipal securities sold by the Secretary, or by the Federal Financing Bank under subsection (b)(1), and instruments issued by the Secretary, or by the Bank under subsection (b)(3), that represent pools consisting of municipal securities-- (1) may be insured by the Secretary or the Bank, respectively, as to the payment of principal or interest by the issuer of the municipal security; and (2) shall not, other than in connection with a guarantee referred to in paragraph (1), be treated for any purpose as an instrument which has the full faith and credit of the United States. SEC. 4. FEDERAL RESERVE BOARD CREDIT FACILITY. (a) Establishment Authorized.--The Board of Governors of the Federal Reserve System may establish a credit facility, using resources and authority available under the Federal Reserve Act, including section 10B and the third undesignated paragraph of section 13 of such Act, to provide financial resources for the purchase of municipal securities by Federal reserve banks or member banks or other persons. (b) Funding for Secretary and Federal Financing Bank.--Subject to the conditions described in the third undesignated paragraph of section 13, the Board may establish a credit facility, or use any credit facility established under subsection (a), to provide funds to the Secretary or the Federal Financing Bank to carry out any authority under section 3. SEC. 5. BUDGET AUTHORITY. Any authority of the Secretary or the Federal Financing Bank under this Act to purchase or guarantee municipal securities shall be effective for any fiscal year only to the extent or in amounts provided in advance in appropriation Acts.

Federal Municipal Bond Marketing Support and Securitization Act of 2009 - Requires the Secretary of the Treasury and the Board of Governors of the Federal Reserve System to consult with each other for the purpose of: (1) finding solutions for the grave effects of the current financial crisis on the markets for municipal securities; and (2) cooperating in authorized activities to alleviate such effects on those markets. Directs the Secretary to establish a program to: (1) purchase municipal securities; (2) issue securities backed by pools of municipal securities; and (3) provide credit enhancement or guarantees for municipal securities. Authorizes the Federal Financing Bank to: (1) make commitments to purchase and sell any municipal security issued under a specified plan approved by the Secretary; (2) guarantee repayment of principal and interest on any municipal security issued under a plan approved by the Secretary; and (3) issue and sell instruments representing interests in a pool of municipal securities purchased by the Bank. Prohibits the purchase or guarantee of a municipal security under this Act unless the Secretary has approved, prior to its issuance, the method, source, and timing of financing, as well as all terms and conditions. States that municipal securities sold by the Secretary or the Bank under this Act, and instruments issued by the Secretary or the Bank that represent pools of municipal securities, may be insured as to the payment of principal or interest by the Secretary or the Bank, respectively. Authorizes the Board to establish a credit facility to provide financial resources for the purchase of municipal securities by federal reserve banks or member banks or other persons.

To require the Secretary of the Treasury to establish a market for municipal securities, to require cooperation between the Secretary and the Chairman of the Board of Governors of the Federal Reserve System in addressing the municipal securities market situation including through the establishment of municipal securities funding facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Medicare Payment Act of 2002''. SEC. 2. TRANSFER OF PAYMENT FOR MEDICARE-ELIGIBLE VETERANS WHO RECEIVE OUTPATIENT SERVICES FROM THE DEPARTMENT OF VETERANS AFFAIRS. (a) Medicare Program.--Part B of title XVIII of the Social Security Act (42 U.S.C. 1395j) is amended by inserting after section 1841 the following new section: ``transfer of payment for medicare-eligible veterans who receive outpatient care from the department of veterans affairs ``Sec. 1841A. (a) Payment to Secretary of Veterans Affairs.-- ``(1) In general.--If a medicare-eligible veteran receives outpatient care from the Department of Veterans Affairs during a year (beginning with 2003) that the veteran is otherwise eligible to receive under chapter 17 of title 38, United States Code, the Secretary shall transfer to the Secretary of Veterans Affairs for that veteran for that year an aggregate amount equal to 12 times the monthly premium rate applicable to an individual enrolled under this part for that year, as determined by the Secretary under section 1839(a)(3). ``(2) Periodic payments.--Payments under this subsection shall be made from the Federal Supplementary Medical Insurance Trust Fund established in section 1841 on a periodic basis upon receipt of a certification from the Secretary of Veterans Affairs that a medicare-eligible veteran was provided such outpatient care during the year involved in a facility of the Department of Veterans Affairs. ``(3) Documentation of care provided.--The Secretary and the Secretary of Veterans Affairs shall establish a mechanism under which the Secretary may verify that a medicare-eligible veteran received outpatient care from the Department of Veterans Affairs. ``(b) Effect on Enrollment Under This Part.--The receipt of outpatient care from the Department of Veterans Affairs during a year by a medicare-eligible veteran shall not affect-- ``(1) the enrollment of the veteran under this part; and ``(2) the ability of the veteran to receive items and services from participating physicians, health care practitioners, providers of services, and suppliers under this part and to have payment made for such services under this part during the year. ``(c) Effect on Calculation of Part B Premiums.--In determining a monthly actuarial rate for enrollees under section 1839 for determining the amounts of premiums charged to such enrollees for months in a year, the Secretary shall not, for months in the year involved, take into account payments transferred to the Secretary of Veterans Affairs under subsection (a), or the costs incurred by the Secretary of Veterans Affairs in furnishing care to the medicare-eligible veteran. ``(d) Payment of Premiums.--The receipt of outpatient care from the Department of Veterans Affairs during a year by a medicare-eligible veteran shall not result in a reduction in the amount of premium otherwise collected from the veteran under section 1840(a)(1). ``(e) Waiver of Certain Conditions of Participation.--The prohibition of payments to Federal providers of services under sections 1814(c) and 1835(d), and paragraphs (2) and (3) of section 1862(a) shall not apply to payments made under subsection (a). The Secretary shall waive such provisions of this title that the Secretary of Veterans Affairs demonstrates to the satisfaction of the Secretary should not apply to the provision of health care services furnished by the Department of Veterans Affairs. ``(f) Definitions.--In this section: ``(1) Veteran.--The term `veteran' has the meaning given that term in section 101(2) of title 38, United States Code. ``(2) Medicare-eligible.--The term `medicare-eligible' means, with respect to a veteran, an individual who is enrolled under this part. ``(3) Outpatient care.--The term `outpatient care' means those items and services for which payment may be made under this part.''. (b) Conforming Amendment.--Section 1857(e) of such Act (42 U.S.C. 1395w-27(e)) is amended by adding at the end the following new paragraph: ``(3) Reimbursement for certain care provided by the department of veterans affairs.--With respect to contract years beginning after 2003, the right of the United States under section 1729 of title 38, United States Code, to recover or collect charges for health care items or services from a third party, with respect to which payment may be made under part B, shall apply to Medicare+Choice organizations offering a Medicare+Choice plan in which a veteran is enrolled.''.

Veterans Medicare Payment Act of 2002 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide for a transfer of payment to the Department of Veterans Affairs for outpatient care furnished to Medicare-eligible veterans by the Department.

To amend title XVIII of the Social Security Act to provide for a transfer of payment to the Department of Veterans Affairs for outpatient care furnished to Medicare-eligible veterans by the Department.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Bond Initiative of 2004''. SEC. 2. FINDINGS Congress finds the following: (1) Access to high-speed Internet is as important to 21st Century businesses as access to the railroads and interstate highways was to businesses of the last century. (2) Up to one-third of the United States population lacks access to high-speed Internet. (3) Companies without access to high-speed Internet are unable to meet their market potential, just as a community cannot prosper if it doesn't have high quality roads and bridges. (4) Technology bonds would provide incentives to State and local governments to partner with the private sector to expand broadband deployment in their communities, especially underserved urban and rural areas. SEC. 3. CREDIT TO HOLDERS OF QUALIFIED TECHNOLOGY BONDS. (a) In General.--Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits against tax) is amended by adding at the end the following new subpart: ``Subpart H--Nonrefundable Credit for Holders of Qualified Technology Bonds ``Sec. 54. Credit to holders of qualified technology bonds. ``SEC. 54. CREDIT TO HOLDERS OF QUALIFIED TECHNOLOGY BONDS. ``(a) Allowance of Credit.--In the case of a taxpayer who holds a qualified technology bond on a credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year the amount determined under subsection (b). ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any qualified technology bond is the amount equal to the product of-- ``(A) the credit rate determined by the Secretary under paragraph (2) for the month in which such bond was issued, multiplied by ``(B) the face amount of the bond held by the taxpayer on the credit allowance date. ``(2) Determination.--During each calendar month, the Secretary shall determine a credit rate which shall apply to bonds issued during the following calendar month. The credit rate for any month is the percentage which the Secretary estimates will permit the issuance of qualified technology bonds without discount and without interest cost to the issuer. ``(c) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under this part (other than this subpart and subpart C). ``(d) Qualified Technology Bond.--For purposes of this part-- ``(1) In general.--The term `qualified technology bond' means any bond issued as part of an issue if-- ``(A) 95 percent of more of the proceeds of such issue are to be used for any or a series of qualified projects, ``(B) the bond is issued by a State or local government within the jurisdiction of which such project is located, ``(C) the issuer designates such bond for purposes of this section, ``(D) certifies that it has obtained the written approval of the Secretary of Commerce for such project, and ``(E) the term of each bond which is part of such issue does not exceed 15 years. ``(2) Qualified project.-- ``(A) In general.--The term `qualified project' means a project-- ``(i) to expand broadband telecommunications services in an area within the jurisdiction of a State or local government, ``(ii) which is nominated by such State or local government for a designation as a qualified project, and ``(iii) which the Secretary of Commerce, after consultation with the Secretary of Housing and Urban Development designates as a qualified project or a series of qualified projects. ``(B) Designation preferences.--With respect to designations under this section, preferences shall be given to-- ``(i) nominations of projects involving underserved urban or rural areas lacking access to high-speed Internet connections, and ``(ii) nominations reflecting partnerships and comprehensive planning between State and local governments and the private sector. ``(e) Limitation on Amount of Bonds Designated.-- ``(1) National limitation.--There is a national technology bond limitation for each calendar year. Such limitation is $100,000,000 for 2005, 2006, 2007, 2008, and 2009, and, except as provided in paragraph (4), zero thereafter. ``(2) Allocation of limitation.--The national technology bond limitation for a calendar year shall be allocated by the Secretary among the qualified projects designated for such year. ``(3) Designation subject to limitation amount.--The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (d)(1) with respect to any qualified project shall not exceed the limitation amount allocated to such project under paragraph (2) for such calendar year. ``(4) Carryover of unused limitation.--If for any calendar year-- ``(A) the national technology limitation amount, exceeds ``(B) the amount of bonds issued during such year which are designated under subsection (d)(1) with respect to qualified projects, the national technology limitation amount for the following calendar year shall be increased by the amount of such excess. ``(f) Other Definitions.--For purposes of this subpart-- ``(1) Bond.--The term `bond' includes any obligation. ``(2) Credit allowance date.--The term `credit allowance date' means, with respect to any issue, the last day of the 1- year period beginning on the date of issuance of such issue and the last day of each successive 1-year period thereafter. ``(3) State.--The term `State' means the several States and the District of Columbia. ``(g) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (c)) and the amount so included shall be treated as interest income. ``(h) Other Special Rules.-- ``(1) Partnership; s corporation; and other pass-thru entities.--Under regulations prescribed by the Secretary, in the case of a partnership, trust, S corporation, or other pass- thru entity, rules similar to the rules of section 41(g) shall apply with respect to the credit allowable under subsection (a). ``(2) Bonds held by regulated investment companies.--If any qualified technology bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary. ``(3) Treatment for estimated tax purposes.--Solely for purposes of sections 6654 and 6655, the credit allowed by this section to a taxpayer by reason of holding a qualified technology bond on a credit allowance date shall be treated as if it were a payment of estimated tax made by the taxpayer on such date. ``(4) Reporting.--Issuers of qualified technology bonds shall submit reports similar to the reports required under section 149(e).''. (b) Reporting.--Subsection (d) of section 6049 of the Internal Revenue Code of 1986 (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph: ``(8) Reporting of credit on qualified technology bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 54(g) and such amounts shall be treated as paid on the credit allowance date (as defined in section 54(f)(2)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i). ``(C) Regulatory authority.--The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.''. (c) Clerical Amendments.-- (1) The table of subparts for part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Subpart H. Nonrefundable Credit for Holders of Qualified Technology Bonds.''. (2) Section 6401(b)(1) of such Code is amended by striking ``and G'' and inserting ``G, and H''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2004.

Technology Bond Initiative of 2004 - Amends the Internal Revenue Code to allow a nonrefundable income tax credit for investment in qualified technology bonds. Defines "qualified technology bonds" as bonds issued by a State or local government for a term not exceeding 15 years, 95 percent or more of the proceeds of which are used to finance State or local projects for expanding broadband telecommunication services. Gives preference to projects for underserved urban or rural areas lacking access to high-speed Internet connections and projects reflecting partnerships and comprehensive planning between State and local governments and the private sector. Requires the inclusion in the gross income of a taxpayer amounts allowed as a tax credit under this Act. Limits the amount of bonds that may be issued nationwide to $100 million for each of calendar years 2005 through 2009. Allows a carryover of unused bond amounts to the next calendar year.

A bill to amend the Internal Revenue Code of 1986 to provide an income tax credit to holders of bonds financing new communications technologies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``George McGovern-Robert Dole International Food for Education and Child Nutrition Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the United Nations Food and Agriculture Organization (FAO) report, ``The State of Food and Agriculture 1998'', approximately 828,000,000 people are chronically undernourished in the world today. While no region is immune to hunger, the vast majority of these people live in 87 low- income, food-deficit countries. (2) Many of the world's hungry are children, approximately 300,000,000. The United Nations Children's Fund (UNICEF) report, ``State of the World's Children 2001'', states that 32 percent of the world's children under five years of age-- approximately 193,000,000--have stunted growth, which is the key indicator for under-nutrition. Hunger in the early stages of development is particularly debilitating. As reported by UNICEF, optimal neural development in a child, which affects physical, mental, and cognitive development, depends on good nutrition and stimulation during the first months and years of life. (3) The causes of hunger are complex, but are most often associated with poverty and lack of empowerment. In developing countries, where poverty is endemic, governments face low revenues and high debt burdens, funding is inadequate for basic health and education, agricultural productivity and marketing systems are weak and under-performing, employment opportunities are lacking, public institutions are often weak, in some countries, HIV/AIDS is pandemic, and many people struggle just to meet their basic needs. (4) Poor children rarely receive adequate education. UNICEF reports that more than 130,000,000 primary-school-age children in developing countries do not go to school, and 60 percent of these children are girls. In 2000, the United Nations Educational, Scientific and Cultural Organization (UNESCO) reported that for developing countries, an estimated 250,000,000 children from ages five to fourteen are laborers, and fifty percent work full time. Lack of education and the resulting poor literacy limit the growth potential of children. Education develops cognitive skills, improves long-term productivity and offers a child protection from the hazards of labor or exploitation. Long-term studies indicate that increased literacy rates are critical to economic development. In countries that achieve an 80 percent or better literacy rate among girls and women, the birthrate decreases. (5)(A) Food aid has been shown to have lasting benefits for children in developing countries when part of multi-faceted programs aimed at pregnant women, nursing mothers, infants and children five years and younger. (B) Mother-child health (MCH) programs reduce the incidence of malnutrition and under-nutrition and promote proper growth by providing supplemental food to pregnant women and nursing mothers, along with nutritious take-home foods and health care to mothers and children under the age of two. (C) Early childhood development programs provide children between the ages of three and six with meals and training in basic skills, while mothers learn about basic sanitation, first aid and respiratory and diarrheal diseases, the greatest killers of young children in poor countries. (D) Food for Education programs reduce the incidence of hunger and enhance educational attendance and performance by providing school meals or take-home rations, along with improvements in educational quality and the school environment. (E) Although the conditions and challenges in developing countries differ greatly from those in the United States, these international food aid programs are similar in concept to the women, infants and children (WIC) program, the Head Start program, and the school breakfast and school lunch programs in the United States. (6) Over the past 50 years, United States international food assistance has contributed to alleviating hunger and its causes and is an integral part of United States foreign policy. From the Marshall Plan to the establishment in 1954 of the Food for Peace program (or Public Law 480) and the Food for Progress Act of 1985, American farmers have played a key role in ensuring that the United States is able to respond to emergencies such as famine, natural disasters, and war, and to contribute to global development initiatives. These programs continue because food is greatly needed in poor countries that cannot produce or afford to import adequate amounts of food to meet their minimal needs. (7) 7,900,000 metric tons of agricultural commodities, worth $1,500,000,000 in commodity purchases, were approved during fiscal year 2000 to provide food aid to 91 countries, as authorized under section 416(b) of the Agricultural Act of 1949, the Food for Progress Program, and Public Law 480. Programs were implemented in the field by nongovernmental and private voluntary organizations, cooperatives, the United Nations World Food Program, and governments. (8) American farmers benefit directly from food aid programs by selling commodities for international development and hunger programs. In the longer term, the economic uplift from food aid programs improves the living standards and purchasing power of citizens in developing countries, expanding markets for American agricultural products, goods, and services. (9) Two of the most successful and beneficial bipartisan programs ever launched on behalf of children in the United States have been the United States school lunch and school breakfast programs, and the women, infants, and children (WIC) program. While hunger among children has not yet been eradicated in the United States, over the past 22 years, America has provided a nutritious meal to most students who cannot afford one. Currently, about 27,000,000 children are fed every day through these programs. (10) On May 30, 2000, during the opening ceremonies of the National Nutrition Summit, Senators George McGovern and Robert Dole praised the Federal Government for reducing hunger in America since 1969. They called upon the United States Government to reduce hunger in the developing world through child nutrition programs similar to the United States school lunch, school breakfast, and WIC programs. (11) On July 23, 2000, the G-8 Summit in Okinawa, Japan, endorsed a proposal put forward by the United States, the Global Food for Education Initiative, to pursue a pilot preschool and school feeding program. (12) On December 28, 2000, in addition to other international food aid program commitments, the United States launched a $300,000,000 pilot program, the Global Food for Education Initiative, through the United States Department of Agriculture, to provide meals, take-home rations, and other assistance to an estimated 9,000,000 needy pre-school and school-age children in 38 countries. Using authority under the Commodity Credit Corporation Charter Act and section 416(b) of the Agricultural Act of 1949, food commodities will be purchased from American farmers by the United States Department of Agriculture, which will be distributed in fiscal year 2001 through 49 projects developed by United States-based private voluntary organizations and cooperatives, and by the United Nations World Food Program. Senators McGovern and Dole urged the United States Congress to make this a permanently funded program and to engage the international community in a multilateral effort to end child hunger over the next three decades. SEC. 3. AUTHORITY OF SECRETARY OF AGRICULTURE. The Secretary of Agriculture (hereinafter in this Act referred to as the ``Secretary'') shall, using the authority of section 416(b) of the Agricultural Act of 1949 (hereinafter in this Act referred to as ``section 416(b)'') and in accordance with this Act, provide eligible commodities and financial and technical assistance to establish, continue, and expand-- (1) preschool and school feeding programs to improve food security, reduce the incidence of hunger, and improve educational opportunity; and (2) maternal, infant, and child nutrition programs for pregnant women, nursing mothers, infants, and children 5 years of age and younger. SEC. 4. ELIGIBLE COMMODITIES AND COST ITEMS. Notwithstanding any other provision of law-- (1) any agricultural commodity is eligible for distribution under this Act; (2) the Commodity Credit Corporation shall purchase agricultural commodities for use under this Act if its stocks are not sufficient to meet commitments entered into under this Act; and (3) as necessary to achieve the purposes of this Act, the Secretary-- (A) shall approve the use of Commodity Credit Corporation funds to pay the transportation costs incurred in moving commodities (including prepositioned commodities) provided under this Act from the designated points of entry or ports of entry abroad to storage and distribution sites, and associated storage and distribution costs; (B) shall approve the use of Commodity Credit Corporation funds to pay the costs of activities conducted in the host country by a nonprofit voluntary organization, cooperative, or intergovernmental agency or organization that would enhance the effectiveness of the activities implemented by such entities under this Act; and (C) in the case of administrative expenses of private voluntary organizations, cooperatives, or intergovernmental organizations implementing activities under this Act, shall approve the use of Commodity Credit Corporation funds to meet itemized administrative expenses incurred in connection with activities carried out under this Act; and (4) for the purposes of this Act, the term ``agricultural commodities'' includes any agricultural commodity, or the products thereof, produced in the United States. SEC. 5. ELIGIBLE RECIPIENTS. The Secretary may provide assistance under this Act to private voluntary organizations, cooperatives, intergovernmental organizations, governments and their agencies, and such other organizations as the Secretary determines are appropriate. SEC. 6. RULES BY SECRETARY. (a) In General.--The Secretary shall assure that rules governing this Act shall include provisions to-- (1) provide for the submission of proposals, each of which may include one or more countries, for commodities and other assistance under this Act; (2) provide for eligible commodities and assistance on a multi-year basis; (3) ensure eligible recipients demonstrate the organizational capacity and the ability to develop, implement, monitor, report on, and provide accountability for activities conducted under this Act; (4) streamline procedures for the development, review, and approval of proposals submitted in accordance with this Act; (5) ensure monitoring and reporting by eligible recipients on the use of commodities and other assistance provided under this Act; and (6) allow for the sale or barter of commodities by eligible organizations to acquire funds to implement activities that improve the food security of women and children or otherwise enhance the effectiveness of programs and activities authorized under this Act. (b) Priorities for Program Funding.--In carrying out subsection (a) with respect to criteria for determining the use of commodities and other assistance provided for programs and activities authorized under this Act, the Secretary shall consider the ability of eligible recipients to-- (1) identify and assess the needs of beneficiaries, especially mothers and children five years of age and younger who are malnourished or under-nourished, and school-age children who are malnourished, under-nourished, or do not regularly attend school; (2)(A) in the case of preschool and school-age children, target low-income areas where children's enrollment and attendance in school is low or girls' enrollment and participation in preschool or school is particularly low; and (B) in the case of programs to benefit mothers and children five years of age or younger, coordinate supplementary feeding and nutrition programs with existing or newly-established maternal, infant, and children programs that provide health needs interventions, and which may include maternal, prenatal, and postnatal and newborn care; (3) involve indigenous institutions and communities in the development and implementation of the program and foster local capacity-building and leadership; and (4) carry out multi-year programs that foster self- sufficiency and ensure program longevity. SEC. 7. USE OF FOOD AND NUTRITION SERVICE. The Food and Nutrition service of the Department of Agriculture shall provide technical advice on the establishment of programs under section 3(1) and on their implementation in the field in recipient countries. SEC. 8. MULTILATERAL INVOLVEMENT. The President is urged to endeavor to engage existing international food aid coordinating mechanisms to ensure multilateral commitments to and participation in programs like those supported under this Act. The President shall report annually to Congress on the commitments and activities of governments in the global effort to reduce child hunger and increase school attendance. SEC. 9. PRIVATE SECTOR INVOLVEMENT. The President and the Secretary are urged to encourage the support and active involvement of the private sector, foundations, and other individuals and organizations in programs assisted under this Act. SEC. 10. FUNDING LEVELS. The Commodity Credit Corporation shall make available to carry out programs under this Act-- (1) in fiscal 2002, $300,000,000 and in fiscal year 2003, $600,000,000 for programs under section 3(1) and $50,000,000 in fiscal year 2002 and in fiscal year 2003, $100,000,000 for programs under section 3(2); and (2) in each succeeding fiscal year $750,000,000 for programs under section 3(1) and $250,000,000 for programs under section 3(2). SEC. 11. COOPERATION WITH OTHER GOVERNMENT AGENCIES. Notwithstanding section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i), the Secretary may approve the use of Commodity Credit Corporation funds to pay administrative expenses of any other agency of the Federal Government, including any bureau, office, administration, or agency of the Department of Agriculture, assisting in the implementation of this Act. SEC. 12. REQUIREMENT TO SAFEGUARD LOCAL PRODUCTION AND USUAL MARKETING. The requirement of section 403(a) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1733(a) and 1733(h)) shall apply with respect to the availability of commodities under this Act.

George McGovern-Robert Dole International Food for Education and Child Nutrition Act of 2001 - Directs the Secretary of Agriculture, using specified authority under the Agricultural Act of 1949, to provide eligible commodities and financial and technical assistance to establish and expand overseas preschool and school feeding programs, and maternal, infant, and child nutrition programs.Urges the President to engage multilateral and private sector involvement.

To establish an international food for education and infant and child nutrition program to be carried out under section 416(b) of the Agricultural Act of 1949.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Algae Agriculture Act of 2018''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. National conservation practice standard for algae-based nutrient management systems. Sec. 3. Rural electrification assistance programs. Sec. 4. Agriculture and Food Research Initiatives priorities. Sec. 5. Foundation for Food and Agriculture Research Purposes. Sec. 6. Studies. Sec. 7. Center of excellence. Sec. 8. Energy programs. Sec. 9. Assistance for algae production. SEC. 2. NATIONAL CONSERVATION PRACTICE STANDARD FOR ALGAE-BASED NUTRIENT MANAGEMENT SYSTEMS. Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended by adding at the end the following: ``(m) National Conservation Practice Standard for Algae-Based Nutrient Management Systems.--Not later than 2 years after the date of enactment of the Algae Agriculture Act of 2018, the Secretary shall establish and publish in the National Handbook of Conservation Practices, a national conservation practice standard for algae-based nutrient management systems.''. SEC. 3. RURAL ELECTRIFICATION ASSISTANCE PROGRAMS. (a) Section 2(a) of the Rural Electrification Act of 1936 (7 U.S.C. 902(a)) is amended by striking ``efficiency and conservation'' and inserting ``efficiency, conservation, and emissions reduction (including carbon capture and use)''. (b) Section 4(a) of the Rural Electrification Act of 1936 (7 U.S.C. 904(a)) is amended-- (1) inserting after ``generating plants'' the following: ``and related emissions reduction facilities (including carbon capture and use)''; and (2) by striking ``efficiency and conservation'' and inserting ``efficiency, conservation, and emissions reduction (including carbon capture and use)''. (c) Section 19(a) of the Rural Electrification Act of 1936 (7 U.S.C. 918a(a)) is amended in each of paragraphs (1) and (2) by inserting ``(including carbon capture and use and other related emissions reduction)'' after ``generation''. (d) Section 609(c)(3) of the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c(c)(3)) is amended-- (1) by striking the period and inserting ``--''; and (2) by adding after and below the end the following: ``(A) renewable energy facilities; and ``(B) carbon capture and use.''. SEC. 4. AGRICULTURE AND FOOD RESEARCH INITIATIVES PRIORITIES. Subsection (b)(2) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(b)(2)) is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``Plant systems'' and inserting ``Plant and algae systems (including micro- and macro-algae systems)''; (B) in clause (iv), by striking ``plant-pest'' and inserting ``plant- and algae-pest''; and (C) by inserting ``and algae'' after ``plant'' each place it appears in clauses (i), (ii), (v), (vi), and (vii); (2) in subparagraph (B)-- (A) in clause (ix)(II), by striking ``and'' at the end; (B) in clause (x), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new clauses: ``(xi) development and testing of alternative feeds and feed ingredients to meet growing global demand for proteins, nutritional oils, and other feed components; and ``(xii) with respect to animal health, immune stimulants and other complements or alternatives to antibiotic drugs and biologics.''; (3) in subparagraph (C)-- (A) in clause (iv), by striking ``and'' at the end; (B) in clause (v), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(vi) development and testing of new food ingredients.''; (4) in subparagraph (D)(iii), by inserting ``, restoring soil carbon and soil health,'' after ``water losses''; and (5) in subparagraph (F)-- (A) by redesignating clauses (v), (vi), and (vii) as clauses (vi), (vii), and (viii); and (B) by inserting after clause (iv) the following new clause: ``(v) economic opportunities from new feedstocks or food products that expand agricultural opportunity in the United States through production on marginal or unproductive land, industrial systems, or coastal or open seawater, or that significantly increase the yield of food, feed, or other products from existing agricultural land;''. SEC. 5. FOUNDATION FOR FOOD AND AGRICULTURE RESEARCH PURPOSES. Sec. 7601(c)(A) of the Agricultural Act of 2014 (7 U.S.C. 5939(c)(A)) is amended by inserting ``and algae'' after ``plant'' each place it appears. SEC. 6. STUDIES. (a) Algae Protein Study.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Agriculture shall initiate a study of algae protein production potential. The study shall-- (A) review and validate projected needs and supply gaps for protein in the United States for the next 20 years (beginning with 2019), based on current production trends, demand and technology outlook; (B) assess the physical and economic feasibility for the United States to grow algae (including microalgae and macroalgae) to address such needs and supply gaps; (C) compare the nutritional profile and benefits of algae with other alternative protein sources and meat proteins; (D) determine public and private activities and investments required to scale up to United States algae protein production over the short-, medium-, and long- term; (E) estimate the number of jobs created, per State and per Congressional district, by fully ramping up production of algae proteins; and (F) estimate the potential value of algae protein exports from the United States by 2025, 2030, and 2035. (2) Study team members.--The team of individuals conducting such study shall include one laboratory of the Department of Agriculture, one laboratory of the Department of Energy, industry associations, and academics. (3) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report that describes the results of the study. (4) Funding.--There are authorized to be appropriated to carry out this subsection such sums as may be necessary, to remain available until expended. (b) Algae for Soil Health Study.-- (1) Study.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Agriculture shall initiate a competitive external study to determine the benefits to microbial diversity, the restoration of soil organic carbon and humic substances, and other aspects of soil health of on- field application of algae biomass (including microalgae and macroalgae) or algae-derived components. The study shall, with respect to the application of algae biomass-- (A) develop a research protocol for a three-year evaluation; (B) conduct field trials; (C) prepare and disseminate an annual progress report to the public on the Internet website of the Department of Agriculture; and (D) prepare and disseminate a final report to the public, including an assessment of opportunities and barriers to commercial deployment. (2) Report.--Not later than 4 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report that describes the results of the study. (3) Funding.--There are authorized to be appropriated to carry out this subsection such sums as may be necessary, to remain available until expended. SEC. 7. CENTER OF EXCELLENCE. Section 1673 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5926) is amended by adding at the end the following new subsection: ``(d) Algae Protein Center of Excellence.--The Secretary shall establish an Algae Protein Center of Excellence to accelerate development of a United States-based algae (including microalgae and macroalgae) industry that will serve as a hub for innovation and collaboration, among leading United States algae companies, international food corporations, and university research experts. The Center shall be comprised of one center for each of the following major protein markets: ``(1) Food. ``(2) Animal feed. ``(3) Aquaculture feed.''. SEC. 8. ENERGY PROGRAMS. (a) Amendments to Definitions.--Section 9001 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101) is amended-- (1) in paragraph (3)(B)-- (A) in clause (vi), by striking ``and'' at the end; (B) in clause (vii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(viii) fuel derived from biological processing of carbon captured from-- ``(I) an industrial source that would otherwise be released into the atmosphere; or ``(II) air capture.''; (2) in paragraph (4), by inserting ``, except food or feed from algae or biological capture and reuse of carbon'' after ``other than food or feed''; (3) in paragraph (12), by striking ``or forestry materials'' and inserting ``, forestry materials, or fuel derived from biological processing of carbon captured from an industrial source that would otherwise be released into the atmosphere or air capture''; and (4) in paragraph (13)(B)(ii)-- (A) in subclause (III), by striking ``and'' at the end; (B) in subclause (IV), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(V) fuel derived from biological processing of carbon captured from-- ``(aa) an industrial source that would otherwise be released into the atmosphere; or ``(bb) air capture.''. (b) Biobased Markets Program.--Section 9002 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102) is amended by adding at the end the following: ``(k) Biobased Content for Recycled Carbon.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish biobased content methodology for products from biologically recycled carbon that provides full credit for carbon content from biological processing of carbon captured from-- ``(1) an industrial source that would otherwise be released into the atmosphere; or ``(2) air capture.''. (c) Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance.--Section 9003 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103) is amended in subsection (b)(3)-- (1) in subparagraph (A), by striking ``and'' at the end and inserting ``or''; and (2) in subparagraph (B)-- (A) by inserting ``renewable chemical or biobased product'' before ``technology''; and (B) by striking ``biorefinery that produces an advanced biofuel.'' and inserting ``biorefinery.''. (d) Biomass Crop Assistance Program.--Section 9011(a)(6)(C) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111(a)(6)(C)) is amended-- (1) by striking subsection (iv); and (2) by redesignating subsections (v) through (vii) as subsections (iv) through (vi), respectively. SEC. 9. ASSISTANCE FOR ALGAE PRODUCTION. (a) Eligibility of Algae for Noninsured Crop Disaster Assistance Program.--Section 196(a)(2)(B) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(a)(2)(B)) is amended by inserting ``algae (including microalgae and macroalgae),'' after ``biomass sorghum,''. (b) Research and Development Priorities.--Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) is amended-- (1) in paragraph (6), by inserting ``algae (including microalgae and macroalgae),'' after ``including,''; (2) by redesignating paragraph (24) as paragraph (25); and (3) by inserting after paragraph (23) the following: ``(24) Algae insurance policies.-- ``(A) In general.--The Corporation shall offer to enter into 1 or more contracts with qualified entities to carry out research and development regarding a policy to insure algae (including microalgae and macroalgae) that is grown for the production of food, feed, renewable biofuel, biobased products, or other purposes. ``(B) Research and development.--Research and development with respect to the policy required under subparagraph (A) shall evaluate the effectiveness of risk management tools for the production of algae (including microalgae and macroalgae), including policies and plans of insurance that-- ``(i) are based on market prices and yields; ``(ii) to the extent that insufficient data exist to develop a policy based on market prices and yields, evaluate the policies and plans of insurance based on other factors determined by the Secretary; and ``(iii) provide protection for production or revenue losses, or both.''.

Algae Agriculture Act of 2018 This bill modifies several Department of Agriculture research, commodity, and energy programs to authorize assistance for activities related to algae production.

Algae Agriculture Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Services for the Underserved Act of 2016''. SEC. 2. AMENDMENTS RELATING TO CREDIT UNION SERVICE TO UNDERSERVED AREAS. (a) In General.--Paragraph (2) of section 109(c) of the Federal Credit Union Act (12 U.S.C. 1759(c)(2)) is amended to read as follows: ``(2) Exception for underserved areas.-- ``(A) In general.--Notwithstanding subsection (b), the Board may approve an application by a Federal credit union to allow the membership of such credit union to include any person or organization whose principal residence or place of business is located within a local community, neighborhood, or rural district if-- ``(i) the Board determines-- ``(I) at any time after August 7, 1998, that the local community, neighborhood, or rural district taken into account for purposes of this paragraph is an underserved area (as defined in section 101(10)); and ``(II) at the time of such approval, that the credit union is well capitalized or adequately capitalized (as defined in section 216(c)(1)); and ``(ii) before the end of the 24-month period beginning on the date of such approval, the credit union has established and maintains an ongoing method to provide services in the local community, neighborhood, or rural district. ``(B) Termination of approval.--Any failure of a Federal credit union to meet the requirement of clause (ii) of subparagraph (A) by the end of the 24-month period referred to in such clause shall constitute a termination, as a matter of law, of any approval of an application under this paragraph by the Board with respect to the membership of such credit union. ``(C) Annual credit union reporting requirement.-- Any Federal credit union which has an application approved under this paragraph shall submit an annual report to the Administration on the number of members of the credit union who are members by reason of such application and the number of offices or facilities maintained by the credit union in the local community, neighborhood, or rural district taken into account by the Board in approving such application. ``(D) Publication by administration.--The Administration shall publish annually a report containing-- ``(i) a list of all the applications approved under this paragraph prior to the publication of the report; ``(ii) the number and locations of the underserved areas taken into account in approving such applications; and ``(iii) the total number of members of credit unions who are members by reason of the approval of such applications.''. (b) Underserved Area Defined.--Section 101 of the Federal Credit Union Act (12 U.S.C. 1752) is amended-- (1) by striking ``and'' at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(10) the term `underserved area'-- ``(A) means a geographic area consisting of a single census tract or a group of census tracts, each of which meets the criteria for-- ``(i) a low-income community, as defined in section 45D(e) of the Internal Revenue Code of 1986; or ``(ii) is underserved, based on data of the Board and the Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act), by other depository institutions (as defined in section 19(b)(1)(A) of the Federal Reserve Act); and ``(B) notwithstanding subparagraph (A), includes, with respect to any Federal credit union, any geographic area within which such credit union-- ``(i) has received approval to provide service before the date of the enactment of this paragraph from the National Credit Union Administration; and ``(ii) has established a service facility before such date of enactment.''. (c) Conforming Amendment.--Section 109(e)(2) of the Federal Credit Union Act (12 U.S.C. 1759(e)(2)) is amended by inserting ``subsection (c)(2) and'' after ``provided in''.

Financial Services for the Underserved Act of 2016 This bill amends the Federal Credit Union Act to revise the requirements for allowing a federal credit union to extend its field of membership in an underserved area. The credit union must be well capitalized or adequately capitalized, and within 24 months after approval by the National Credit Union Administration (NCUA) it must have established and maintained an ongoing method to provide services in the local community, neighborhood, or rural district. (The current requirement is that the credit union must, without a deadline, establish and maintain an office or facility in the local community, neighborhood, or rural district at which credit union services are available.) Any failure of a federal credit union to meet the latter requirement by the end of the 24-month period shall constitute a termination, as a matter of law, of NCUA approval of its application regarding the credit union's membership. Any federal credit union with an approved application for an underserved area must report annually to the NCUA on the number of: credit union members who are members by reason of that application; and offices or facilities maintained by the credit union in the local community, neighborhood, or rural district taken into account by the NCUA in approving the application. The bill defines "underserved area" generally as a geographic area consisting of a single census tract or a group of census tracts, each of which meets the criteria for a low-income community or is underserved by other depository institutions, based on data of the NCUA and the federal banking agencies.

Financial Services for the Underserved Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Automobile Damage Consumer Protection Act of 1993''. SEC. 2. MOTOR VEHICLE DAMAGE DISCLOSURE REQUIREMENTS. The Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1901 et seq.) is amended by inserting at the end the following new title: ``TITLE VII--DAMAGE DISCLOSURE REQUIREMENTS ``SEC. 701. DAMAGE DISCLOSURE STATEMENT. ``(a) In General.--Not later than 90 days after the date of enactment of this section, the Secretary shall issue such regulations as may be necessary to require, prior to the transfer of title of a motor vehicle in any State, that the person transferring such vehicle disclose to the transferee, in writing, any damage to the motor vehicle, which occurred during the time such person owned the motor vehicle, if the cost to repair the motor vehicle to its predamaged condition exceeded, or will exceed, $1,000 at the time of the transfer of title. A copy of the damage disclosure statement shall be submitted by such person to the motor vehicle department of the State issuing the title. ``(b) Specific Guidelines.--In carrying out the provisions of subsection (a), the Secretary shall require, in addition to the damage disclosure statement required by subsection (a), that each certificate of title issued by a State on or after the date of enactment of this section include-- ``(1) an area for a damage disclosure form, which shall be located on the back of each certificate of title; ``(2) each certificate of title shall also contain on its front a statement as to whether previous damage disclosure statements indicate the motor vehicle had been damaged at one time in excess of $1,000; ``(3) a damage disclosure form, which will enable the person transferring the vehicle to disclose to the transferee any damage to the motor vehicle that must be disclosed under the provisions of subsection (a); ``(4) a diagram of a motor vehicle on which any damage to the motor vehicle that must be disclosed under the provisions of subsection (a) is to be indicated by circling the damaged area(s) on the diagram; and ``(5) a written statement indicating that damage disclosure is a requirement of Federal law. ``(c) Uniform Certificates of Title.--Not later than 180 days after the date of enactment of this section, the Secretary shall prescribe by rule the form and content of all certificates of title. ``SEC. 702. FAILURE TO REPAIR. ``In carrying out the provisions of this title, the Secretary shall provide that the failure to repair a damaged motor vehicle to its predamaged condition, when the cost of such repairs would have exceeded $1,000, shall not exempt any person from the damage disclosure requirements of this title. ``SEC. 703. RECORD-KEEPING REQUIREMENT. ``In carrying out the provisions of this title, the Secretary shall require each State to establish and maintain records of all damage disclosure statements submitted to the State in accordance the provisions of section 701(a). The State shall include these statements in the title history of the motor vehicles indicated in such statements. ``SEC. 704. CERTAIN VEHICLES EXEMPTED. ``The regulations promulgated pursuant to section 701(a) shall not apply to any motor vehicle that-- ``(1) is more than 9 model years old at the time of transfer of title; or ``(2) has a gross weight in excess of 16,000 pounds. ``SEC. 705. CRIMINAL PENALTIES. ``(a) In General.--Any person who knowingly and willfully commits any act or causes to be done any act that violates any provision of this title or knowingly and willfully omits to do any act or causes to be omitted any act that is required by any such provision shall be guilty of a Class A misdemeanor, as defined in section 3559 of title 18, United States Code, and shall be punished in accordance with the provisions of that section. ``(b) Repeat Offenders.--In the case of a person's second or subsequent conviction under subsection (a), such person shall be guilty of a Class E felony, as defined in section 3559 of title 18, United States Code, and shall be punished in accordance with the provisions of that section. ``SEC. 706. CIVIL PENALTIES. ``(a) In General.--Any person who violates any provision of this title shall be subject to a civil penalty of not more than $2,000 for each such violation. A violation of this title shall, for purposes of this section, constitute a separate violation with respect to each motor vehicle or device involved, except that the maximum civil penalty shall not exceed $100,000 for any related series of violations. ``(b) Proceedings.--Any civil penalty under this section shall be assessed by the Secretary and collected in a civil action brought by the Attorney General on behalf of the United States. Before referral of civil penalty claims to the Attorney General, civil penalties may be compromised by the Secretary after affording the person charged with a violation of any section of this title an opportunity to present views and evidence in support thereof to establish that the alleged violation did not occur. ``(c) Amount of Penalty.--In determining the amount of the civil penalty referred to in subsection (a), the Secretary shall consider-- ``(1) with respect to the person found to have committed the violation-- ``(A) the person's degree of culpability; ``(B) any history of prior offenses; ``(C) the person's ability to pay the penalty; and ``(D) the potential effect of the penalty on the person's ability to continue to do business; ``(2) with respect to the violation committed-- ``(A) the nature of the violation; ``(B) the circumstances of the violation; ``(C) the extent of the violation; and ``(D) the gravity of the violation; and ``(3) such other matters as justice may require. ``SEC. 707. DEFINITIONS. ``(a) Certificate of Title.--For the purposes of this title, the term `certificate of title' means a document issued by a State evidencing ownership of a motor vehicle. ``(b) Cost.--For the purposes of this title, the term `cost' means the costs of all parts, frame work, paint and labor. ``(c) Damage.--For the purposes of the damage disclosure statement required by section 701(a), the term `damage' means damage to the motor vehicle caused by theft, fire, vandalism, collision, weather, submersion in water, or flood. This term does not include normal wear and tear, glass damage, mechanical repairs or electrical repairs that have not been caused by theft, fire, vandalism, collision, weather, submersion in water, or flood. ``(d) Motor Vehicle.--For the purposes of this title, the term `motor vehicle' means an automobile or a motor truck. This term does not include motorcycles or mopeds. ``(e) Person.--For the purposes of this title, the term `person' includes any manufacturer, distributor, dealer, corporation, or other legal entity or individual.''.

Automobile Damage Consumer Protection Act of 1993 - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation to issue regulations requiring the transferor of a motor vehicle to disclose to the transferee any damage done to such vehicle in excess of $1,000. Declares that failure to make repairs shall not exempt a person from such damage disclosure requirements. Requires States to maintain records of all damage disclosure statements. Sets forth both criminal and civil penalties.

Automobile Damage Consumer Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Adoption Equality Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 1997, Congress enacted the Adoption and Safe Families Act of 1997 (Public Law 105-89; 111 Stat. 2115), clearly stating that a child's health and safety are paramount, and that each child deserves a permanent home. (2) The Adoption and Safe Families Act of 1997 provides incentives for adoptions, and adoptions from foster care since its enactment in 1997 through 2002 have nearly doubled. (3) Despite the increase in adoptions, in 2003 approximately 131,000 children in foster care have the permanency goal of adoption but are still waiting to be adopted. SEC. 3. PROMOTION OF ADOPTION OF CHILDREN WITH SPECIAL NEEDS. (a) In General.--Section 473(a) of the Social Security Act (42 U.S.C. 673(a)) is amended by striking paragraph (2) and inserting the following: ``(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if such child-- ``(i)(I) at the time of termination of parental rights was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, and the State has determined, pursuant to criteria established by the State (which may, but need not, include a judicial determination), that continuation in the home would be contrary to the safety or welfare of such child; ``(II) meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; or ``(III) was residing in a foster family home or child care institution with the child's minor parent (pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, and the State has determined, pursuant to criteria established by the State (which may, but need not, include judicial determination), that continuation in the home would be contrary to the safety or welfare of such child); and ``(ii) has been determined by the State, pursuant to subsection (c), to be a child with special needs, which needs shall be considered by the State, together with the circumstances of the adopting parents, in determining the amount of any payments to be made to the adopting parents. ``(B) Notwithstanding any other provision of law, and except as provided in paragraph (7), a child who is not a citizen or resident of the United States and who meets the requirements of subparagraph (A) shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii). ``(C) A child who meets the requirements of subparagraph (A), who was determined eligible for adoption assistance payments under this part with respect to a prior adoption (or who would have been determined eligible for such payments had the Adoption and Safe Families Act of 1997 been in effect at the time that such determination would have been made), and who is available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child's adoptive parents have died, shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii).''. (b) Exception.--Section 473(a) of the Social Security Act (42 U.S.C. 673(a)) is amended by adding at the end the following: ``(7)(A) Notwithstanding any other provision of this subsection, no payment may be made to parents with respect to any child that-- ``(i) would be considered a child with special needs under subsection (c); ``(ii) is not a citizen or resident of the United States; and ``(iii) was adopted outside of the United States or was brought into the United States for the purpose of being adopted. ``(B) Subparagraph (A) shall not be construed as prohibiting payments under this part for a child described in subparagraph (A) that is placed in foster care subsequent to the failure, as determined by the State, of the initial adoption of such child by the parents described in such subparagraph.''. (c) Requirement for Use of State Savings.--Section 473(a) of the Social Security Act (42 U.S.C. 673(a)), as amended by subsection (b), is amended by adding at the end the following: ``(8) A State shall spend an amount equal to the amount of savings (if any) in State expenditures under this part resulting from the application of paragraph (2) on and after the effective date of the amendment to such paragraph made by section 3(a) of the Adoption Equality Act of 2003 to provide to children or families any service (including post-adoption services) that may be provided under this part or part B.''. (d) Determination of a Child With Special Needs.--Section 473(c) of the Social Security Act (42 U.S.C. 673(c)) is amended to read as follows: ``(c) For purposes of this section, a child shall not be considered a child with special needs unless-- ``(1)(A) the State has determined, pursuant to a criteria established by the State (which may or may not include a judicial determination), that the child cannot or should not be returned to the home of his parents; or ``(B) the child meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; and ``(2) the State has determined-- ``(A) that there exists with respect to the child a specific factor or condition (such as ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that the child cannot be placed with adoptive parents without providing adoption assistance under this section and medical assistance under title XIX; and ``(B) that except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing adoption assistance under this section or medical assistance under title XIX.''. (d) Effective Date.--The amendments made by this section shall take effect on October 1, 2003.

Adoption Equality Act of 2003 - Amends title IV part E (Foster Care and Adoption Assistance) of the Social Security Act (SSA) to modify the requirements of a child with special needs whose adoptive parents are eligible to receive a State adoption assistance payment. Eliminates the requirement that the child with special needs meet specified income eligibility criteria under SSA title IV part A (Temporary Assistance for Needy Families) (TANF) relating solely to the biological parents whose rights have been terminated. (Thus makes all children with special needs eligible for adoption assistance.) Makes eligible to receive adoption assistance payments the adoptive parents of a child who is not a U.S. citizen or resident, but who otherwise meets the eligibility requirements for such payments, with the exception of a child adopted outside the United States or brought into it for adoption purposes. Declares that payments shall not be construed as prohibited with respect to the latter kind of child if he or she is placed in foster care following the failure of the initial adoption of the child by the adoptive parents. Requires treatment as meeting such requirements of any children determined eligible with respect to a prior adoption (or who would have been determined eligible had the Adoption and Safe Families Act of 1997 been in effect at the time that such determination would have been made), and who are available for adoption again because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated, or because the child's adoptive parents have died. Requires a State to spend an amount equal to the amount of savings (if any) in State expenditures resulting from the application of this Act to provide to children or families any service (including post-adoption services) that may be provided under this part or part B (Child-Welfare Services). Revises requirements for the determination under SSA of a child with special needs to require that: (1) the State determine, pursuant to criteria established by it (which may or may not include a judicial determination), that the child cannot or should not be returned to the home of his/her parents (as under current law); or (2) the child meets all medical or disability requirements of title XVI (Supplemental Security Income) (SSI), and (as under current law) specific factors or conditions apply. (Currently, the first requirement and the specific factor requirement must both apply. This Act makes it sufficient to determine a child with special needs if the child cannot or should not be returned to the home of his/her parents. The specific factor requirement does not have to apply in such a case, but must apply in the case of any child who meets all SSI medical or disability requirements.)

A bill to promote the adoption of children with special needs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family and Medical Leave Inclusion Act''. SEC. 2. LEAVE TO CARE FOR A DOMESTIC PARTNER, PARENT-IN-LAW, ADULT CHILD, SIBLING, OR GRANDPARENT. (a) Leave Requirement.--Section 102 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is amended-- (1) in subsection (a)(1)(C), by striking ``spouse, or a son, daughter, or parent of the employee, if such spouse, son, daughter, or parent'' and inserting ``spouse (including a same- sex spouse as determined under applicable State law), son, daughter, domestic partner, parent-in-law, adult child, sibling, grandparent, or parent of the employee if such spouse, son, daughter, domestic partner, parent-in-law, adult child, sibling, grandparent, or parent''; and (2) in subsection (e)(2)(A), by striking ``spouse, or parent'' and inserting ``spouse (including a same-sex spouse as determined under applicable State law), domestic partner, parent-in-law, adult child, sibling, grandparent, or parent''. (b) Certification.--Section 103 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613) is amended-- (1) in subsection (a), by striking ``spouse, or parent'' and inserting ``spouse (including a same-sex spouse as determined under applicable State law), domestic partner, parent-in-law, adult child, sibling, grandparent, or parent''; (2) in subsection (b)(4)(A), by striking ``spouse, or parent and an estimate of the amount of time that such employee is needed to care for the son, daughter, spouse, or parent'' and inserting ``spouse (including a same-sex spouse as determined under applicable State law), domestic partner, parent-in-law, adult child, sibling, grandparent, or parent and an estimate of the amount of time that such employee is needed to care for such spouse, domestic partner, parent-in-law, adult child, sibling, grandparent, or parent''; and (3) in subsection (b)(7), by striking ``parent, or spouse'' and inserting ``domestic partner, parent-in-law, adult child, sibling, grandparent, parent, or spouse (including a same-sex spouse as determined under applicable State law)''. (c) Employment and Benefits Protection.--Section 104(c)(3) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(3)) is amended-- (1) in subparagraph (A)(i), by striking ``spouse, or parent'' and inserting ``spouse (including a same-sex spouse as determined under applicable State law), domestic partner, parent-in-law, adult child, sibling, grandparent, or parent''; and (2) in subparagraph (C)(ii), by striking ``spouse, or parent'' and inserting ``spouse (including a same-sex spouse as determined under applicable State law), domestic partner, parent-in-law, adult child, sibling, grandparent, or parent''. SEC. 3. FEDERAL EMPLOYEES. (a) Leave Requirement.--Section 6382 of title 5, United States Code, is amended-- (1) in subsection (a)(1)(C), by striking ``spouse, or a son, daughter, or parent of the employee, if such spouse, son, daughter, or parent'' and inserting ``spouse (including a same- sex spouse as determined under applicable State law), son, daughter, domestic partner, parent-in-law, adult child, sibling, grandparent, or parent of the employee if such spouse, son, daughter, domestic partner, parent-in-law, adult child, sibling, grandparent, or parent''; and (2) in subsection (e)(2)(A), by striking ``spouse, or parent'' and inserting ``spouse (including a same-sex spouse as determined under applicable State law), domestic partner, parent-in-law, adult child, sibling, grandparent, or parent''. (b) Certification.--Section 6383 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``spouse, or parent'' and inserting ``spouse (including a same-sex spouse as determined under applicable State law), domestic partner, parent-in-law, adult child, sibling, grandparent, or parent''; and (2) in subsection (b)(4)(A), by striking ``spouse, or parent, and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse, or parent'' and inserting ``spouse (including a same-sex spouse as determined under applicable State law), domestic partner, parent-in-law, adult child, sibling, grandparent, or parent, and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse, domestic partner, parent-in-law, adult child, sibling, grandparent, or parent''.

Family and Medical Leave Inclusion Act - Amends the Family and Medical Leave Act of 1993 to provide for employee leave to care for a same-sex spouse as determined under applicable State law, domestic partner, parent-in-law, adult child, sibling, or grandparent (as well as for a spouse, child, or parent), if such person has a serious health condition. Amends Federal civil service law to apply the same leave allowance to Federal employees.

To amend the Family and Medical Leave Act of 1993 to permit leave to care for a same-sex spouse, domestic partner, parent-in-law, adult child, sibling, or grandparent if the same-sex spouse, domestic partner, parent-in-law, adult child, sibling, or grandparent has a serious health condition, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Adjustment, Relief, and Education Act'' or the ``CARE Act''. SEC. 2. DEFINITION. In this Act, the term ``secondary school student'' means a student enrolled in any of the grades 7 through 12. SEC. 3. STATE FLEXIBILITY IN PROVIDING IN-STATE TUITION FOR COLLEGE-AGE ALIEN CHILDREN. (a) In General.--Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; division C; 110 Stat. 3009-672) (8 U.S.C. 1623) is hereby repealed. (b) Effective Date.--The repeal made by this section to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 shall take effect as if included in the enactment of such Act. SEC. 4. -CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN ALIEN CHILDREN. (a) In General.--Section 240A of the Immigration and Nationality Act (8 U.S.C. 1229b) is amended-- (1) in subsection (b), by inserting at the end the following new paragraph: ``(5) Special rule for residents brought to the united states as children.-- ``(A) Authority.--Subject to the restrictions in subparagraph (B), the Attorney General shall cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States, if the alien applies for relief under this paragraph and demonstrates that on the date of application for such relief-- ``(i) the alien had not attained the age of 21; ``(ii) the alien had been physically present in the United States for a continuous period of not less than five years immediately preceding the date of such application; ``(iii) the alien had been a person of good moral character during the five-year period preceding the application; and ``(iv) the alien-- ``(I) was a secondary school student in the United States; ``(II) was attending an institution of higher education in the United States as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or ``(III) with respect to whom the registrar of such an institution of higher education in the United States had certified that the alien had applied for admission, met the minimum standards for admission, and was being considered for admission. ``(B) Restrictions on authority.--Subparagraph (A) does not apply to-- ``(i) an alien who is inadmissible under section 212(a)(2)(A)(i)(I), or is deportable under section 237(a)(2)(A)(i), unless the Attorney General determines that the alien's removal would result in extreme hardship to the alien, the alien's child, or (in the case of an alien who is a child) to the alien's parent; or ``(ii) an alien who is inadmissible under section 212(a)(3), or is deportable under section 237(a)(2)(D)(i) or 237(a)(2)(D)(ii).''; and (2) in subsection (d)(1)(A), by inserting ``or (5)'' after ``subsection (b)(2)''. (b) Exemption From Numerical Limitations.--Section 240A of the Immigration and Nationality Act (8 U.S.C. 1229b), as amended by this Act, is further amended in subsection (e)(3) by adding at the end the following new subparagraph: ``(C) Aliens described in subsection (b)(5).''. (c) Application of Provisions.--For the purpose of applying section 240A(b)(5)(A) of the Immigration and Nationality Act (as added by subsection (a))-- (1) an individual shall be deemed to have met the qualifications of clause (i) of such section 240A(b)(5)(A) if the individual-- (A) had not attained the age of 21 prior to the date of enactment of this Act; and (B) applies for relief under this section within 120 days of the effective date of regulations implementing this section; and (2) an individual shall be deemed to have met the requirements of clauses (i), (ii), and (iv) of such section 240A(b)(5)(A) if-- (A) the individual would have met such requirements at any time during the four-year period immediately preceding the date of enactment of this Act; and (B) the individual has graduated from, or is on the date of application for relief under such section 240A(b)(5) enrolled in, an institution of higher education in the United States (as defined in clause (iv) of such section 240A(b)(5)(A)). (d) Confidentiality of Information.-- (1) Prohibition.--Neither the Attorney General, nor any other official or employee of the Department of Justice may-- (A) use the information furnished by the applicant pursuant to an application filed under section 240A(b)(5) of the Immigration and Nationality Act (as added by this Act) for any purpose other than to make a determination on the application; (B) make any publication whereby the information furnished by any particular individual can be identified; or (C) permit anyone other than the sworn officers and employees of the Department or, with respect to applications filed under such section 240A(b)(5) with a designated entity, that designated entity, to examine individual applications. (2) Penalty.--Whoever knowingly uses, publishes, or permits information to be examined in violation of this subsection shall be fined not more than $10,000. (e) Regulations.-- (1) Proposed regulation.--Not later than 60 days after the date of enactment of this Act, the Attorney General shall publish proposed regulations implementing this section. (2) Interim, final regulations.--Not later than 120 days after the date of enactment of this Act, the Attorney General shall publish final regulations implementing this section. Such regulations shall be effective immediately on an interim basis, but shall be subject to change and revision after public notice and opportunity for a period of public comment. (3) Elements of regulations.--In promulgating regulations described in paragraphs (1) and (2), the Attorney General shall do the following: (A) Application for relief.--Establish a procedure allowing eligible individuals to apply affirmatively for the relief available under section 240A(b)(5) of the Immigration and Nationality Act (as added by this Act) without being placed in removal proceedings. (B) Continuous presence.--Ensure that an alien shall not be considered to have failed to maintain continuous physical presence in the United States for purposes of section 240A(b)(5)(ii) of the Immigration and Nationality Act (as added by this Act) by virtue of brief, casual, and innocent absences from the United States. (f) Conforming Amendment.--Section 240A(b) of the Immigration and Nationality Act (8 U.S.C. 1229b(b)), as amended by this Act, is further amended in paragraph (4) by striking ``paragraph (1) or (2)'' each place it occurs and inserting ``paragraph (1), (2), or (5)''. SEC. 5. ELIGIBILITY OF CANCELLATION APPLICANTS FOR EDUCATIONAL ASSISTANCE. (a) Qualified Aliens.--Section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is amended by adding at the end the following new paragraph: ``(8) for purposes of determining eligibility for postsecondary educational assistance, including grants, scholarships, and loans, an alien with respect to whom an application has been filed for relief under section 240A(b)(5) of the Immigration and Nationality Act, but whose application has not been finally adjudicated.''. (b) Effective Date.--The amendment made by this section shall apply as if enacted on August 22, 1996.

Children's Adjustment, Relief, and Education Act or the CARE Act - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to repeal the provision prohibiting an unlawful alien's eligibility for higher education benefits based on State residence unless a U.S. national is similarly eligible without regard to such State residence.Amends the Immigration and Nationality Act to direct the Attorney General to cancel the removal of, and adjust to permanent resident status, certain (inadmissible or deportable) alien secondary or higher education students under the age of 21 with qualifying years of U.S. residency. Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to make such alien higher education students eligible for education assistance during the pendency of their application for cancellation of removal.

A bill to amend the Immigration and Nationality Act to require the Attorney General to cancel the removal and adjust the status of certain aliens who were brought to the United States as children.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Support Enforcement Act of 2005''. SEC. 2. NO EFFECT ON RIGHTS AND LIABILITIES. Nothing in this Act shall be construed to affect-- (1) the right of an individual or State to receive any child support payment; or (2) the obligation of an individual to pay child support. SEC. 3. REFUNDABLE CREDIT FOR UNPAID CHILD SUPPORT PAYMENTS. (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 inserting after section 35 the following new section: ``SEC. 36. UNPAID CHILD SUPPORT. ``(a) In General.--In the case of a custodial parent who, as of the close of the taxable year, is owed child support, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the unpaid child support as of the close of the taxable year. ``(b) Subsequent Payments.--If any unpaid child support with respect to which a credit was allowed under subsection (a) is subsequently paid to the custodial parent, the amount of such payment shall not be included in the gross income of the custodial parent, nor shall it be allowed as a deduction to the delinquent debtor. The delinquent debtor shall be neither required nor allowed to file an amended return in any subsequent year to reflect the subsequent payment of unpaid child support. ``(c) Identication Requirements.-- ``(1) In general.--A qualifying child shall not be taken into account under subsection (a) unless the taxpayer includes the name, age, and TIN of the qualifying child on the return of tax for the taxable year. ``(2) Other methods.--The Secretary may prescribe other methods for providing the information described in paragraph (1). ``(d) Information Returns.-- ``(1) In general.--No amount shall be allowed as a credit under subsection (a) for a taxable year unless the custodial parent completes Form 1099-CS (or such other form as the Secretary may prescribe) and provides such form to the Secretary, and (if the address is known) to the delinquent debtor, within 45 days following the close of the taxable year for which the credit is claimed. ``(2) Contents of form.--The Form 1099-CS (or such other form as the Secretary may prescribe) shall contain-- ``(A) the total amount of child support owed (whether or not paid) for such taxable year, ``(B) the total amount of unpaid child support as of the last day of such taxable year, ``(C) the name, address (if known), and taxpayer identification number of the delinquent debtor, and ``(D) notice that the delinquent debtor is required to include such total amount of unpaid child support in gross income for the delinquent debtor's taxable year which includes the last day of the custodial parent's taxable year. ``(3) Debtor's address unknown.--If the delinquent debtor's address is not known to the custodial parent, the Form 1099-CS (or such other form as the Secretary may prescribe) shall indicate that fact. In such a case, the Secretary may send such notice if the address is available to the Secretary, and the notice from the custodial parent to the delinquent debtor under subparagraph (A) shall not be required. ``(e) Determination of Whether Child Support Is Paid.-- ``(1) Child support enforcement office records as conclusive evidence of payment.--Child support shall be treated as paid if such payment is recorded by the State office of child support enforcement in which the custodial parent is registered. ``(2) Timely mailing as timely payment.--A payment received by the State office of child support enforcement in which the custodial parent is registered after the last day of the custodial parent's taxable year shall be treated for the purpose of this section as paid on such day if the postmark date falls on or before such day. The rules of section 7502(f) and regulations issued thereunder shall apply for purposes of this paragraph. ``(f) Definitions.--For the purposes of this section-- ``(1) Unpaid child support.--The term `unpaid child support' means child support that is payable for months during a custodial parent's taxable year and unpaid as of the last day of such taxable year, but only if such unpaid amount as of such day equals or exceeds one-half of the total amount of child support due to the custodial parent for such year. ``(2) Child support.--The term `child support' means-- ``(A) any periodic payment of a fixed amount, or ``(B) any payment of a medical education expense, insurance premium, or other similar item, which is required to be paid to a custodial parent by an individual under a support instrument for the support of any qualifying child of such individual. The term `child support' does not include any amount which is described in section 408(a)(3) of the Social Security Act and which has been assigned to a State. ``(3) Custodial parent.--The term `custodial parent' means an individual who is entitled to receive child support and who has registered with the appropriate State office of child support enforcement charged with implementing section 454 of the Social Security Act. ``(4) Delinquent debtor.--The term `delinquent debtor' means a taxpayer who owes unpaid child support to a custodial parent. ``(5) Qualifying child.-- The term `qualifying child' means a child of a custodial parent with respect to whom a dependent deduction is allowable under section 151 for the taxable year (or would be so allowable but for section 152(e)(4)). ``(6) Support instrument.--The term `support instrument' means-- ``(A) a decree of divorce or separate maintenance or a written instrument incident to such a decree, ``(B) a written separation agreement, or ``(C) a decree (not described in clause (i)) of a court or administrative agency requiring a parent to make payments for the support or maintenance of 1 or more children of such parent.''. (b) Conforming and Clerical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ``, or from section 36 of such Code''. (2) The table of sections for subpart C of part IV of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating the item relating to section 36 as an item relating to section 37 and by inserting after the item relating to section 35 the following new item: ``Sec. 36. Unpaid child support.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 4. INCLUSION IN INCOME OF AMOUNT OF UNPAID CHILD SUPPORT. (a) In General.--Section 108 of the Internal Revenue Code of 1986 (relating to discharge of indebtedness income) is amended by adding at the end the following new subsection: ``(h) Unpaid Child Support.-- ``(1) In general.--For purposes of this chapter, any unpaid child support of a delinquent debtor for any taxable year shall be treated as amounts includible in gross income of the delinquent debtor for the taxable year. ``(2) Determination of whether child support is unpaid.-- ``(A) In general.--Child support shall be treated as paid if such payment is recorded by the State office of child support enforcement in which the custodial parent is registered. ``(B) Timely mailing as timely payment.--A payment received by the State office of child support enforcement in which the custodial parent is registered after the last day of the custodial parent's taxable year shall be treated for the purpose of this subsection as paid on such day if the postmark date falls on or before such day. The rules of section 7502(f) and regulations issued thereunder shall apply for purposes of this subparagraph. ``(3) Definitions.--For the purposes of this subsection-- ``(A) Child support.--The term `child support' means-- ``(i) any periodic payment of a fixed amount, or ``(ii) any payment of a medical education expense, insurance premium, or other similar item, which is required to be paid to a custodial parent by an individual under a support instrument for the support of any qualifying child of such individual. `Child support' does not include any amount which is described in section 408(a)(3) of the Social Security Act and which has been assigned to a State. ``(B) Custodial parent.--The term `custodial parent' means an individual who is entitled to receive child support and who has registered with the appropriate State office of child support enforcement charged with implementing section 454 of the Social Security Act. ``(C) Delinquent debtor.--The term `delinquent debtor' means a taxpayer who owes unpaid child support to a custodial parent. ``(D) Qualifying child.-- The term `qualifying child' means a child of a custodial parent with respect to whom a dependent deduction is allowable under section 151 for the taxable year (or would be so allowable but for section 152(e)(4)). ``(E) Support instrument.--The term `support instrument' means-- ``(i) a decree of divorce or separate maintenance or a written instrument incident to such a decree, ``(ii) a written separation agreement, or ``(iii) a decree (not described in clause (i)) of a court or administrative agency requiring a parent to make payments for the support or maintenance of 1 or more children of such parent. ``(F) Unpaid child support.--The term `unpaid child support' means child support that is payable for months during a custodial parent's taxable year and unpaid as of the last day of such taxable year, provided that such unpaid amount as of such day equals or exceeds one-half of the total amount of child support due to the custodial parent for such year. ``(4) Coordination with other laws.--Amounts treated as income by paragraph (1) shall not be treated as income by reason of paragraph (1) for the purposes of any provision of law which is not an internal revenue law.''. SEC. 5. TAXPAYER INFORMATION REGARDING CHILD SUPPORT NOT BASIS FOR AUDIT. A discrepancy between the tax returns of a custodial parent and a delinquent debtor concerning whether a payment of child support has been made may not be used or relied upon by the Internal Revenue Service in any way in selecting an individual's tax return for a general audit. SEC. 6. EFFECTIVE DATE; IMPLEMENTATION. The amendments made by the Act shall apply to taxable years beginning after December 31, 2004. The Secretary of the Treasury shall publish Form 1099-CS (or such other form that may be prescribed to comply with section 36(d) of the Internal Revenue Code of 1986 (as added by this Act)) regulations, if any, that may be deemed necessary to carry out the purposes of this Act, not later than 90 days after the date of enactment of this Act.

Child Support Enforcement Act of 2005 - Amends the Internal Revenue Code to: (1) allow a custodial parent (a parent entitled to receive child support) a refundable tax credit for unpaid child support; and (2) include in the gross income of any taxpayer who is delinquent in the payment of child support the amount of such unpaid child support. Prohibits the Internal Revenue Service from selecting a tax return for audit based upon any discrepancy between the tax returns of a custodial parent and a taxpayer delinquent in the payment of child support.

To allow a custodial parent a refundable credit for unpaid child support payments and to require a parent who is chronically delinquent in child support to include the amount of the unpaid obligation in gross income.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century High-Performing Public School Facilities Act of 2006''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. Sec. 4. Definitions. TITLE I--21ST CENTURY HIGH-PERFORMING PUBLIC SCHOOL FACILITIES Subtitle A--Grants for Construction, Modernization, or Repair of School Facilities Sec. 101. Grants. Sec. 102. Allocation of funds. Sec. 103. Priority; criteria for awarding grants. Sec. 104. Authorized matching requirement. Sec. 105. Allowable uses of funds. Sec. 106. Application for grant. Subtitle B--Low-Interest Loans for Construction, Modernization, or Repair of School Facilities Sec. 111. Low-interest loans. Sec. 112. Revolving fund. Subtitle C--General Provisions Sec. 121. Impermissible uses of funds. Sec. 122. Supplement, not supplant. Sec. 123. Maintenance of effort. Sec. 124. Special rule. Sec. 125. Fair wages. Sec. 126. Reporting. Sec. 127. Authorization of appropriations. TITLE II--EDUCATIONAL TECHNOLOGY FUNDING Sec. 201. Educational technology funding. SEC. 3. FINDINGS. The Congress finds the following: (1) The average public school building was built in the early 1960's. (2) Of the Nation's public school buildings, at least one- third need extensive repair or replacement and two-thirds have troublesome environmental conditions such as the presence of asbestos or lead in water and paint. (3) In its 2005 report card on the Nation's physical infrastructure, the American Society of Civil Engineers gave our schools a D. (4) The Nation's public schools need hundreds of billions of dollars in construction, modernization, and repair to bring them up to modern structural, educational (including educational technology and educational technology infrastructure), and health standards. (5) Improving the quality of public elementary and secondary school facilities to make them safe, healthy, high- performing, and up-to-date technologically will help students improve their academic performance and will improve teacher retention. (6) Improving the quality of public elementary and secondary school facilities is a matter of national importance, and the Federal government must do more to help States and school districts fulfill their responsibilities in this area. SEC. 4. DEFINITIONS. In this Act: (1) The term ``Bureau-funded school'' has the meaning given to such term in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021). (2) The term ``charter school'' has the meaning given such term in section 5210 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221i). (3) The term ``local educational agency''-- (A) has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); and (B) includes any public charter school that constitutes a local educational agency under State law. (4) The term ``outlying area''-- (A) means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; and (B) includes the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (5) The term ``Secretary'' means the Secretary of Education. (6) The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. TITLE I--21ST CENTURY HIGH-PERFORMING PUBLIC SCHOOL FACILITIES Subtitle A--Grants for Construction, Modernization, or Repair of School Facilities SEC. 101. GRANTS. Each fiscal year, the Secretary of Education shall make grants to local educational agencies in each State for the purpose of constructing, modernizing, or repairing public kindergarten, elementary, and secondary educational facilities that are safe, healthy, high-performing, and up-to-date technologically. SEC. 102. ALLOCATION OF FUNDS. (a) Reservation.--From the amount appropriated to carry out this subtitle for each fiscal year pursuant to section 127, the Secretary shall reserve 1 percent of such amount, consistent with the purpose described in section 101-- (1) to provide assistance to the outlying areas; and (2) for payments to the Secretary of the Interior to provide assistance to Bureau-funded schools. (b) Allocation of Grants.-- (1) State-by-state allocation.--From the amount appropriated to carry out this subtitle for each fiscal year pursuant to section 127, and not reserved under subsection (a), the Secretary shall reserve for grants to local educational agencies in each State an aggregate amount in proportion to the aggregate amount received by all local educational agencies in the State involved under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the previous fiscal year relative to the total amount received by all local educational agencies in every State under such part for such fiscal year. (2) Within-state allocation.--From the amount reserved for grants to local educational agencies in a State under paragraph (1), the Secretary shall reserve for grants to local educational agencies in the State that are receiving assistance under section 1124A of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6334) an aggregate amount that is at least in proportion to the aggregate amount received by such local educational agencies under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the previous fiscal year relative to the total amount received by all local educational agencies in the State under such part for such fiscal year. SEC. 103. PRIORITY; CRITERIA FOR AWARDING GRANTS. (a) Priority.--In awarding grants to local educational agencies under this subtitle, the Secretary shall give priority to local educational agencies with greater-- (1)(A) numbers of children counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); or (B) percentages of children served who are counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); and (2) need for school construction, modernization, or repair, as demonstrated by the condition of the public school facilities. (b) Criteria.--In awarding grants to local educational agencies under this subtitle, the Secretary shall also consider the following criteria: (1) The fiscal capacity of a local educational agency to meet its needs for construction, modernization, and repair of public school facilities without assistance under this subtitle, including the ability of the local educational agency to raise funds through the use of local bonding capacity and otherwise. (2) In the case of a local educational agency that proposes to fund a construction, modernization, or repair project for one or more public charter schools, the extent to which the schools have access to funding for the project through the financing methods available to other public schools or local educational agencies in the State. (3) The likelihood that the local educational agency will maintain, in good condition, any facility whose construction, modernization, or repair is assisted under this subtitle. (4) The local educational agency's plan to obtain private business contributions described in section 1397E(d)(2)(B) of the Internal Revenue Code of 1986 (26 U.S.C. 1397E(d)(2)(B)), except that an otherwise qualified local educational agency shall not be denied a grant as a result of its inability to obtain such contributions despite its good faith efforts. SEC. 104. AUTHORIZED MATCHING REQUIREMENT. (a) In General.--The Secretary shall require a local educational agency to contribute matching funds toward the costs of the program to be carried out with a grant received by the agency under this subtitle. (b) Match Amount.--The Secretary shall establish the amount of matching funds to be provided by a local educational agency under this section by using a sliding scale that takes into account the relative poverty of the population served by the local educational agency. (c) Determination of Amount Contributed.--The Secretary shall allow a local educational agency to satisfy the requirement of this section through in-kind contributions. SEC. 105. ALLOWABLE USES OF FUNDS. A local educational agency receiving a grant under this subtitle may use the grant for the following: (1) Repair or modernization of public school facilities to ensure the health and safety of students and staff, including-- (A) repairing, replacing, or installing roofs, electrical wiring, plumbing systems, sewage systems, windows, or doors; (B) repairing, replacing, or installing heating, ventilation, or air conditioning systems (including insulation); and (c) bringing public schools into compliance with fire and safety codes. (2) Modifications necessary to make public school facilities accessible to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), except that such modifications shall not be the primary use of the grant. (3) Asbestos abatement or removal from public school facilities. (4) Implementation of measures designed to reduce or eliminate human exposure to lead-based paint hazards though methods including interim controls, abatement, or a combination of each. (5) Upgrading or installation of educational technology and educational technology infrastructure to ensure that students have access to up-to-date educational technology. (6) Upgrading school facilities to make them energy- efficient. (7) Construction of new school facilities that ensure the health and safety of students and staff, are energy-efficient, and include up-to-date educational technology and educational technology infrastructure, including where such construction is economically or otherwise more feasible than large scale modernization or repair of existing facilities. SEC. 106. APPLICATION FOR GRANT. (a) Applications Required.--A local educational agency desiring to receive a grant under this subtitle shall submit an application to the Secretary as such time, in such manner, and containing such information as the Secretary may reasonably require. (b) Application Contents.--Each application described in subsection (a) shall contain-- (1) an assurance that the application was developed in consultation with parents and classroom teachers; (2) a description of the overall condition of the local educational agency's school facilities, including health and safety problems; (3) a description of the capacity of the local educational agency's schools to house current and projected enrollments; (4) a description of the extent to which the local educational agency's schools offer the physical infrastructure, including for educational technology, needed to provide all students a high-quality education; (5) a description of the improvements to be supported with funds provided under this subtitle; (6) a cost estimate of the proposed improvements; (7) an identification of other resources that are available to carry out the activities for which funds are requested under this subtitle; and (8) such other information and assurances as the Secretary may reasonably require. Subtitle B--Low-Interest Loans for Construction, Modernization, or Repair of School Facilities SEC. 111. LOW-INTEREST LOANS. (a) Authority and Conditions for Loans.--Each fiscal year, the Secretary shall make low-interest loans to local educational agencies for the construction, modernization, or repair of public kindergarten, elementary, and secondary educational facilities that are safe, healthy, high-performing, and up-to-date technologically. (b) Priority; Criteria for Approving Loans.-- (1) Priority.--In making loans under this subtitle, the Secretary shall give priority to local educational agencies described in section 103(a). (2) Criteria.--In making loans under this subtitle, the Secretary shall also consider the criteria specified in section 103(b). (c) Allowable Uses of Funds.--A local educational agency receiving a loan under this subtitle may use the loan for any of the activities described in section 105. (d) Amount and Conditions of Loans.--In making loans under this subtitle, the Secretary shall ensure that-- (1) the amount of a loan does not exceed the total construction, modernization, or repair costs involved, as determined by the Secretary; and (2) the loan is secured in such manner and must be repaid within such period, not exceeding 30 years, as may be determined by the Secretary. SEC. 112. REVOLVING FUND. (a) Establishment.--There is established in the Treasury a revolving fund to be known as the School Construction, Modernization, and Repair Revolving Fund (in this section referred to as the ``revolving fund''). (b) Contents of Fund.--The revolving fund shall consist of-- (1) any amounts derived from the loan program carried out under this subtitle; and (2) any amounts appropriated to carry out this subtitle pursuant to section 127. (c) Availability.--The revolving fund shall be available to the Secretary, in amounts specified in appropriations Acts and without fiscal year limitation, to carry out this subtitle. Subtitle C--General Provisions SEC. 121. IMPERMISSIBLE USES OF FUNDS. No funds received under this title may be used for-- (1) payment of maintenance costs; or (2) stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. SEC. 122. SUPPLEMENT, NOT SUPPLANT. A local educational agency receiving a grant under subtitle A or a loan under subtitle B shall use such Federal funds only to supplement and not supplant the amount of funds that would, in the absence of such Federal funds, be available for construction, modernization, and repair of public kindergarten, elementary, and secondary educational facilities. SEC. 123. MAINTENANCE OF EFFORT. A local educational agency may receive a grant under subtitle A or a loan under subtitle B for any fiscal year only if the Secretary finds that either the combined fiscal effort per student or the aggregate expenditures of the agency and the State involved with respect to the provision of free public education by the agency for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year. SEC. 124. SPECIAL RULE. Each local educational agency receiving a grant under subtitle A or a loan under subtitle B shall ensure that, if the agency carries out construction, modernization, or repair through a contract, the process for any such contract ensures the maximum number of qualified bidders, including small, minority, and women-owned businesses, through full and open competition. SEC. 125. APPLICATION OF GEPA. The grant program under subtitle A and the loan program under subtitle B are applicable programs (as that term is defined in section 400 of the General Education Provisions Act (20 U.S.C. 1221)) subject to section 439 of such Act (20 U.S.C. 1232b). SEC. 126. REPORTING. (a) Reports by Local Educational Agencies.--Not later than December 31 of each fiscal year, each local educational agency receiving a grant under subtitle A or a loan under subtitle B shall submit to the Secretary a report on the agency's use of such grant or loan funds. (b) Reports by Secretary.--Not later than December 31 of each fiscal year, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on grants and loans made under this title, including the Secretary's efforts pursuant to sections 103(a) and 111(b)(1), the types of construction, modernization, and repair funded, and the number of students impacted, including the number of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)). SEC. 127. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--To carry out subtitles A, B, and C of this title, there are authorized to be appropriated $6,400,000,000 for fiscal year 2007 and such sums as may be necessary for each of fiscal years 2008 through 2011. (b) Allocation.--Of the amount appropriated pursuant to this section for each fiscal year-- (1) not less than 85 percent shall be reserved to carry out subtitle A; and (2) not more than 15 percent may be reserved to carry out subtitle B. TITLE II--EDUCATIONAL TECHNOLOGY FUNDING SEC. 201. EDUCATIONAL TECHNOLOGY FUNDING. Section 2404(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6754(a)) is amended to read as follows: ``(a) In General.--To carry out subparts 1 and 2, there are authorized to be appropriated, and there are appropriated, $1,000,000,000 for fiscal year 2007.''.

21st Century High-Performing Public School Facilities Act of 2006 - Requires the Secretary of Education to make grants in each fiscal year to local educational agencies (LEAs) in each state for the construction, modernization, or repair of kindergarten, elementary, or secondary schools to make them safe, healthy, high-performing, and technologically up-to-date. Gives priority to LEAs serving a high number or percentage of disadvantaged children and those whose public schools are in relatively poor condition. Requires LEAs to contribute funds toward the costs of the program, but uses a sliding scale that factors in the relative poverty of an LEA's service area. Requires the Secretary to make low-interest loans to LEAs in each fiscal year for the same purposes and with the same priorities given in the distribution of the grants. Establishes the School Construction, Modernization, and Repair Revolving Fund consisting of amounts derived from the low-interest loans and appropriations made to the Fund by this Act. Amends part D of title II of the Elementary and Secondary Education Act of 1965 to authorize and make appropriations for educational technology.

To direct the Secretary of Education to make grants and low-interest loans to local educational agencies for the construction, modernization, or repair of public kindergarten, elementary, and secondary educational facilities, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Eliminate Colorectal Cancer Act of 2004''. (b) Findings.--The Congress finds the following: (1) Colorectal cancer is the second leading cause of cancer deaths in the United States for men and women combined. (2) It is estimated that in 2004, 146,940 new cases of colorectal cancer will be diagnosed in men and women in the United States. (3) Colorectal cancer is expected to kill 56,730 individuals in the United States in 2004. (4) When colorectal cancer is diagnosed early, at a localized stage, more than 90 percent of patients survive for 5 years or more. Once the disease has metastasized, 92 percent of patients die within 5 years. Yet, only 37 percent of colorectal cancer cases are diagnosed while the disease is still in the localized stage. (5) If all men and women age 50 and over practiced regular colorectal cancer screening, without any new scientific discoveries, the United States could see up to a 50 to 90 percent reduction in deaths from this disease. (6) Currently, many private insurance health plans are not providing coverage for the full range of colorectal cancer screening tests. Lack of insurance coverage can act as a barrier to care. (7) Assuring coverage for the full range of colorectal cancer tests is an important step in increasing screening rates for these life saving tests. SEC. 2. COVERAGE FOR COLORECTAL CANCER SCREENING. (a) Group Health Plans.-- (1) Public health service act amendments.--The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXIX--MISCELLANEOUS HEALTH COVERAGE ``SEC. 2901. COVERAGE FOR COLORECTAL CANCER SCREENING. ``(a) Coverage for Colorectal Cancer Screening.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide coverage for colorectal cancer screening consistent with this subsection to-- ``(A) any participant or beneficiary age 50 or over; and ``(B) any participant or beneficiary under the age of 50 who is at a high risk for colorectal cancer. ``(2) Definition of high risk.--For purposes of subsection (a)(1)(B), the term `high risk for colorectal cancer' has the meaning given such term in section 1861(pp)(2) of the Social Security Act (42 U.S.C. 1395x(pp)(2)). ``(3) Requirement for screening.--The group health plan or health insurance issuer shall cover methods of colorectal cancer screening that-- ``(A) are deemed appropriate by a physician (as defined in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r))) treating the participant or beneficiary, in consultation with the participant or beneficiary; ``(B) are-- ``(i) described in section 1861(pp)(1) of the Social Security Act (42 U.S.C. 1395x(pp)(1)) or section 410.37 of title 42, Code of Federal Regulations; or ``(ii) specified by the Secretary, based upon the recommendations of appropriate organizations with special expertise in the field of colorectal cancer; and ``(C) are performed at a frequency not greater than that-- ``(i) described for such method in section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) or section 410.37 of title 42, Code of Federal Regulations; or ``(ii) specified by the Secretary for such method, if the Secretary finds, based upon new scientific knowledge and consistent with the recommendations of appropriate organizations with special expertise in the field of colorectal cancer, that a different frequency would not adversely affect the effectiveness of such screening. ``(b) Notice.--A group health plan under this section shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(c) Non-Preemption of More Protective State Law With Respect to Health Insurance Issuers.--This section shall not be construed to supersede any provision of State law which establishes, implements, or continues in effect any standard or requirement solely relating to health insurance issuers in connection with group health insurance coverage that provides greater protections to participants and beneficiaries than the protections provided under this section. ``(d) Definitions and Enforcement.--The definitions and enforcement provisions of title XXVII shall apply for purposes of this section.''. (2) ERISA amendments.-- (A) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following new section: ``SEC. 714. COVERAGE FOR COLORECTAL CANCER SCREENING. ``(a) Coverage for Colorectal Cancer Screening.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide coverage for colorectal cancer screening consistent with this subsection to-- ``(A) any participant or beneficiary age 50 or over; and ``(B) any participant or beneficiary under the age of 50 who is at a high risk for colorectal cancer. ``(2) Definition of high risk.--For purposes of subsection (a)(1)(B), the term `high risk for colorectal cancer' has the meaning given such term in section 1861(pp)(2) of the Social Security Act (42 U.S.C. 1395x(pp)(2)). ``(3) Requirement for screening.--The group health plan or health insurance issuer shall cover methods of colorectal cancer screening that-- ``(A) are deemed appropriate by a physician (as defined in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r))) treating the participant or beneficiary, in consultation with the participant or beneficiary; ``(B) are-- ``(i) described in section 1861(pp)(1) of the Social Security Act (42 U.S.C. 1395x(pp)(1)) or section 410.37 of title 42, Code of Federal Regulations; or ``(ii) specified by the Secretary, based upon the recommendations of appropriate organizations with special expertise in the field of colorectal cancer; and ``(C) are performed at a frequency not greater than that-- ``(i) described for such method in section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) or section 410.37 of title 42, Code of Federal Regulations; or ``(ii) specified by the Secretary for such method, if the Secretary finds, based upon new scientific knowledge and consistent with the recommendations of appropriate organizations with special expertise in the field of colorectal cancer, that a different frequency would not adversely affect the effectiveness of such screening. ``(b) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the third to last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (B) Technical and conforming amendments.-- (i) Section 731(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (ii) Section 732(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (iii) The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Coverage for colorectal cancer screening.''. (b) Individual Health Insurance.-- (1) In general.--Part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.) is amended by inserting after section 2752 the following new section: ``SEC. 2753. COVERAGE FOR COLORECTAL CANCER SCREENING. ``(a) In General.--The provisions of section 2901(a) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Technical amendment.--Section 2762(b)(2) of the Public Health Service Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) Effective Dates.-- (1) Group health plans.--The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 2005. (2) Individual health insurance.--The amendments made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 2005. (d) Coordinated Regulations.--The Secretary of Labor and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which both Secretaries have responsibility under the provisions of this section (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement.

Eliminate Colorectal Cancer Act of 2004 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan and an insurer offering group health coverage to provide screening for colorectal cancer to individuals who are age 50 or over or at high risk for colorectal cancer. Specifies the type of screening and the frequency of screening required. Allows State laws providing greater protection than that provided by this Act. Applies the same requirements to health insurance coverage offered in the individual market. Requires the Secretary of Labor and the Secretary of Health and Human Services to coordinate their rules, regulations and enforcement policies.

To require group and individual health plans to provide coverage for colorectal cancer screenings.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans E-Health and Telemedicine Support Act of 2015'' or the ``VETS Act of 2015''. SEC. 2. LICENSURE OF HEALTH CARE PROFESSIONALS OF THE DEPARTMENT OF VETERANS AFFAIRS PROVIDING TREATMENT VIA TELEMEDICINE. (a) In General.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1730A the following new section: ``Sec. 1730B. Licensure of health care professionals providing treatment via telemedicine ``(a) In General.--Notwithstanding any provision of law regarding the licensure of health care professionals, a covered health care professional may practice the health care profession of the health care professional at any location in any State, regardless of where such health care professional or the patient is located, if the health care professional is using telemedicine to provide treatment to an individual under this chapter. ``(b) Property of Federal Government.--Subsection (a) shall apply to a covered health care professional providing treatment to a patient regardless of whether such health care professional or patient is located in a facility owned by the Federal Government during such treatment. ``(c) Construction.--Nothing in this section may be construed to remove, limit, or otherwise affect any obligation of a covered health care professional under the Controlled Substances Act (21 U.S.C. 801 et seq.). ``(d) Definitions.--In this section: ``(1) The term `covered health care professional' means a health care professional who is-- ``(A) authorized by the Secretary to provide health care under this chapter, including a private health care professional who provides such care under a contract entered into with the Secretary, including a contract entered into under section 1703 of this title; and ``(B) licensed, registered, or certified in a State to practice the health care profession of the health care professional. ``(2) The term `telemedicine' means the use of telecommunication technology and information technology to provide health care or support the provision of health care in situations in which the patient and health care professional are separated by geographic distance.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1730A the following new item: ``1730B. Licensure of health care professionals providing treatment via telemedicine.''. (c) Report on Telemedicine.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the effectiveness of the use of telemedicine by the Department of Veterans Affairs. (2) Elements.--The report required by paragraph (1) shall include an assessment of the following: (A) The satisfaction of veterans with telemedicine furnished by the Department. (B) The satisfaction of health care providers in providing telemedicine furnished by the Department. (C) The effect of telemedicine furnished by the Department on the following: (i) The ability of veterans to access health care, whether from the Department or from non-Department health care providers. (ii) The frequency of use by veterans of telemedicine. (iii) The productivity of health care providers. (iv) Wait times for an appointment for the receipt of health care from the Department. (v) The reduction, if any, in the use by veterans of services at Department facilities and non-Department facilities. (D) The types of appointments for the receipt of telemedicine furnished by the Department that were provided during the one-year period preceding the submittal of the report. (E) The number of appointments for the receipt of telemedicine furnished by the Department that were requested during such period, disaggregated by Veterans Integrated Service Network. (F) Savings by the Department, if any, including travel costs, of furnishing health care through the use of telemedicine during such period. (3) Telemedicine defined.--In this subsection, the term ``telemedicine'' has the meaning given that term in section 1730B(d)(2) of title 38, United States Code, as added by subsection (a).

Veterans E-Health & Telemedicine Support Act of 2015 or VETS Act of 2015 Allows a health care professional who is authorized to provide health care through the Department of Veterans Affairs and who is licensed, registered, or certified in a state to practice his or her profession at any location in any state, regardless of where the professional or patient is located, if the professional is using telemedicine to provide treatment. Allows such treatment regardless of whether the professional or patient is located in a federally-owned facility.

VETS Act of 2015

SECTION 1. WATERFRONT BROWNFIELDS GRANT. Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is amended-- (1) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13); (2) in paragraph (3) by striking ``paragraphs (4) and (5)'' and inserting ``paragraphs (5) and (6)''; (3) by inserting after paragraph (3) the following: ``(4) Grants for waterfront brownfields revitalization.-- ``(A) In general.--Subject to paragraphs (5) and (6), the President shall establish a program to provide grants to eligible entities or nonprofit organizations to be used at one or more waterfront brownfield sites. ``(B) Use of funds.--Such grants may be used for reuse planning, site characterization and assessment, or remediation at waterfront brownfields sites, including the integration of activities related to the design and implementation of water quality improvements, low impact development approaches, green infrastructure, remediation and management of sediments, or flood damage prevention associated with brownfields remediation and reuse. ``(C) Definition.--For purposes of this section, the term `waterfront brownfield site' means a brownfield site any part of which is adjacent to a body of water.''; (4) in paragraph (5)(A) (as redesignated by paragraph (1) of this section) by inserting after clause (ii) the following: ``(iii) Waterfront brownfields revitalization.--A grant made to an eligible entity or nonprofit organization under paragraph (4) may not exceed $500,000''; and (5) in paragraph (7)(A) (as redesignated by paragraph (1) of this section) by inserting ``waterfront brownfields revitalization'' after ``community involvement''; and (6) by striking paragraph (13) (as redesignated by paragraph (1) of this section) and inserting the following: ``(13) Funding.-- ``(A) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $220,000,000 for each of fiscal years 2008 through 2012. ``(B) Use of certain funds.--Of the amount made available under subparagraph (A) $55,000,000, or, if the amount made available is less than $220,000,000, 25 percent of the amount made available, shall be used for site characterization, assessment, and remediation of facilities described in section 101(39)(D)(ii)(II); and ``(C) Waterfront brownfields revitalization.--There are authorized to be appropriated such sums as may be necessary for waterfront brownfields revitalization grants under paragraph (4).''. SEC. 2. TASK FORCE. (a) Establishment.--The Administrator of the Environmental Protection Agency shall establish and serve as chairperson of a task force on waterfront brownfields revitalization. (b) Membership.--Members of the task force shall include representatives who have expertise in waterfronts or brownfields revitalization, including representatives from the following: (1) The Environmental Protection Agency. (2) The National Oceanographic and Atmospheric Administration. (3) The Army Corps of Engineers. (4) The Department of Transportation. (5) The Department of Housing and Urban Development. (6) The Economic Development Administration. (7) The Fish and Wildlife Service. (8) State and Local governments. (9) Community-based organizations and other interested parties. (10) Any additional members the Administrator chooses to include. (c) Duties.--The task force shall identify-- (1) current and potential funding and technical assistance resources for waterfront brownfields revitalization; (2) barriers to and solutions for waterfront brownfields revitalization; and (3) methods to coordinate interagency efforts for waterfront brownfields revitalization. (d) Report.--Not later than 3 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall submit a report detailing the findings of the task force in improving waterfront brownfields revitalization to the appropriate committees of Congress.

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to require the President to establish a grant program for the revitalization of waterfront brownfield sites. Authorizes such grants to be used for reuse planning, site characterization and assessment, or remediation at waterfront brownfields sites, including the integration of activities related to the design and implementation of water quality improvements, low impact development approaches, green infrastructure, remediation and management of sediments, or flood damage prevention associated with brownfields remediation and reuse. Authorizes the Administrator of the Environmental Protection Agency (EPA) to provide training, research, and technical assistance to individuals and organizations to facilitate waterfront brownfields revitalization. Authorizes funding for brownfields revitalization for FY2008-FY2012. Requires the Administrator to establish and serve as chairperson of a task force on waterfront brownfields revitalization that shall identify: (1) funding and technical assistance resources; (2) barriers to and solutions for revitalization; and (3) methods to coordinate interagency efforts.

To provide grants for the revitalization of waterfront brownfields.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small and Rural Community Clean Water Technical Assistance Act''. SEC. 2. TECHNICAL ASSISTANCE FOR SMALL TREATMENT WORKS. (a) In General.--Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) is amended by adding at the end the following: ``SEC. 222. TECHNICAL ASSISTANCE FOR SMALL TREATMENT WORKS. ``(a) Definitions.--In this section: ``(1) Qualified nonprofit small treatment works technical assistance provider.--The term `qualified nonprofit small treatment works technical assistance provider' means a nonprofit organization that, as determined by the Administrator-- ``(A) is qualified and experienced in providing training and technical assistance to small treatment works; and ``(B) the small treatment works in the State finds to be the most beneficial and effective. ``(2) Small treatment works.--The term `small treatment works' means a publicly owned treatment works serving not more than 10,000 individuals. ``(b) Technical Assistance.--The Administrator may use amounts made available to carry out this section to provide grants or cooperative agreements to qualified nonprofit small treatment works technical assistance providers to provide to owners and operators of small treatment works onsite technical assistance, circuit rider technical assistance programs, multi-State, regional technical assistance programs, and onsite and regional training, to assist the small treatment works in achieving compliance with this Act or obtaining financing under this Act for eligible projects. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section for grants for small treatment works technical assistance, $15,000,000 for each of fiscal years 2018 through 2022. ``SEC. 223. TECHNICAL ASSISTANCE FOR MEDIUM TREATMENT WORKS. ``(a) Definitions.--In this section: ``(1) Medium treatment works.--The term `medium treatment works' means a publicly owned treatment works serving not fewer than 10,001 and not more than 75,000 individuals. ``(2) Qualified nonprofit medium treatment works technical assistance provider.--The term `qualified nonprofit medium treatment works technical assistance provider' means a qualified nonprofit technical assistance provider of water and wastewater services to medium-sized communities that provides technical assistance (including circuit rider technical assistance programs, multi-State, regional assistance programs, and training and preliminary engineering evaluations) to owners and operators of medium treatment works, which may include a State agency. ``(b) Technical Assistance.--The Administrator may use amounts made available to carry out this section to provide grants or cooperative agreements to qualified nonprofit medium treatment works technical assistance providers to provide to owners and operators of medium treatment works onsite technical assistance, circuit-rider technical assistance programs, multi-State, regional technical assistance programs, and onsite and regional training to assist medium treatment works that are facing difficulty in achieving compliance with this Act or obtaining financing under this Act for eligible projects. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2018 through 2022.''. (b) Water Pollution Control Revolving Loan Funds.-- (1) In general.--Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended-- (A) in subsection (d)-- (i) in the matter preceding paragraph (1), by inserting ``and as provided in subsection (e)'' after ``State law''; (ii) by redesignating subsections (e) through (i) as subsections (f) through (j), respectively; and (iii) by inserting after subsection (d) the following: ``(e) Additional Use of Funds.--A State may use an additional 2 percent of the funds annually allotted to the State under this section for qualified nonprofit small treatment works technical assistance providers (as the term is defined in section 222) and qualified nonprofit medium treatment works technical assistance providers (as the term is defined in section 223) to provide technical assistance to small treatment works (as the term is defined in section 222) and medium treatment works (as the term is defined in section 223) in the State.''. (2) Conforming amendment.--Section 221(d) of the Federal Water Pollution Control Act (33 U.S.C. 1301(d)) is amended by striking ``section 603(h)'' and inserting ``section 603(i)''.

Small and Rural Community Clean Water Technical Assistance Act This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to authorize the Environmental Protection Agency to provide grants or cooperative agreements to qualified technical assistance providers for assisting publicly owned treatment works (POTWs) that are small (serving 10,000 individuals or fewer) or medium (serving no fewer than 10,001 and not more than 75,000 individuals) in size. The technical assistance providers must assist the POTWs in complying with the Act or obtaining financing under the Act for eligible projects. Assistance may be provided to POTWs through onsite technical assistance, circuit rider technical assistance programs, regional technical assistance programs, and onsite and regional training.

Small and Rural Community Clean Water Technical Assistance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alien Smuggling and Terrorism Prevention Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) Alien smuggling by land, air and sea is a transnational crime that violates the integrity of United States borders, compromises our Nation's sovereignty, places the country at risk of terrorist activity, and contravenes the rule of law. (2) Aggressive enforcement activity against alien smuggling is needed to protect our borders and ensure the security of our Nation. The border security and anti-smuggling efforts of the men and women on the Nation's front line of defense are to be commended. Special recognition is due the Department of Homeland Security through the United States Border Patrol, United States Coast Guard, Customs and Border Protection, and Immigration and Customs Enforcement, and the Department of Justice through the Federal Bureau of Investigation. (3) The law enforcement community must be given the statutory tools necessary to address this security threat. Only through effective alien smuggling statutes can the Justice Department, through the United States Attorneys' Offices and the Domestic Security Section of the Criminal Division, prosecute these cases successfully. (4) Alien smuggling has a destabilizing effect on border communities. State and local law enforcement, medical personnel, social service providers, and the faith community play important roles in combating smuggling and responding to its effects. (5) Existing penalties for alien smuggling are insufficient to provide appropriate punishment for alien smugglers. (6) Existing alien smuggling laws often fail to reach the conduct of alien smugglers, transporters, recruiters, guides, and boat captains. (7) Existing laws concerning failure to heave to are insufficient to appropriately punish boat operators and crew who engage in the reckless transportation of aliens on the high seas and seek to evade capture. (8) Much of the conduct in alien smuggling rings occurs outside of the United States. Extraterritorial jurisdiction is needed to ensure that smuggling rings can be brought to justice for recruiting, sending, and facilitating the movement of those who seek to enter the United States without lawful authority. (9) Alien smuggling can include unsafe or recklessly dangerous conditions that expose individuals to particularly high risk of injury or death. SEC. 3. CHECKS AGAINST TERRORIST WATCHLIST. The Department of Homeland Security shall, to the extent practicable, check against all available terrorist watchlists those alien smugglers and smuggled individuals who are interdicted at the land, air, and sea borders of the United States. SEC. 4. STRENGTHENING PROSECUTION AND PUNISHMENT OF ALIEN SMUGGLERS. Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended-- (1) by amending the subsection heading to read as follows: ``Smuggling of Unlawful and Terrorist Aliens.--''; (2) by redesignating clause (iv) of paragraph (1)(B) as clause (vii); (3) in paragraph (1), by striking ``(1)(A)'' and all that follows through clause (iii) of subparagraph (B) and inserting the following: ``(1)(A) Whoever, knowing or in reckless disregard of the fact that an individual is an alien who lacks lawful authority to come to, enter, or reside in the United States, knowingly-- ``(i) brings that individual to the United States in any manner whatsover regardless of any future official action which may be taken with respect to such alien; ``(ii) recruits, encourages, or induces that individual to come to, enter, or reside in the United States; ``(iii) transports or moves that individual in the United States, in furtherance of their unlawful presence; or ``(iv) harbors, conceals, or shields from detection the individual in any place in the United States, including any building or any means of transportation; or attempts or conspires to do so, shall be punished as provided in subparagraph (C). ``(B) Whoever, knowing that an individual is an alien, brings that individual to the United States in any manner whatsoever at a place other than a designated port of entry or place other than as designated by the Secretary of Homeland Security, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien, or attempts or conspires to do so, shall be punished as provided in subparagraph (C). ``(C) A violator of this paragraph shall, for each alien in respect to whom such a violation occurs-- ``(i) unless the offense is otherwise described in another clause of this subparagraph, be fined under title 18, United States Code or imprisoned not more than 5 years, or both; ``(ii) if the offense involved the transit of the defendant's spouse, child, sibling, parent, grandparent, or niece or nephew, and the offense is not described in any of clauses (iii) through (vii), be fined under title 18, United States Code or imprisoned not more than 1 year, or both; ``(iii) if the offense is a violation of paragraphs (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was committed for the purpose of profit, commercial advantage, or private financial gain, be fined under title 18, United States Code or imprisoned not more than 10 years, or both; ``(iv) if the offense is a violation of paragraph (1)(A)(i) and was committed for the purpose of profit, commercial advantage, or private financial gain, or if the offense was committed with the intent or reason to believe that the individual unlawfully brought into the United States will commit an offense against the United States or any State that is punishable by imprisonment for more than 1 year, be fined under title 18, United States Code, and imprisoned, in the case of a first or second violation, not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years; and ``(v) if the offense results in serious bodily injury (as defined in section 1365 of title 18, United States Code) or places in jeopardy the life of any person, be fined under title 18, United States Code or imprisoned not more than 20 years, or both; ``(vi) if the offense involved an individual who the defendant knew was engaged in or intended to engage in terrorist activity (as defined in section 212(a)(3)(B)), be fined under title 18, United States Code or imprisoned not more than 30 years, or both; and''; (4) in the clause (vii) so redesignated by paragraph (2) of this subsection (which now becomes clause (vii) of the new subparagraph (C))-- (A) by striking ``in the case'' and all that follows through ``(v) resulting'' and inserting ``if the offense results''; and (B) by inserting ``and if the offense involves kidnaping, an attempt to kidnap, the conduct required for aggravated sexual abuse (as defined in section 2241 without regard to where it takes place), or an attempt to commit such abuse, or an attempt to kill, be fined under such title or imprisoned for any term of years or life, or both'' after ``or both''; and (5) by striking existing subparagraph (C) of paragraph (1) (without affecting the new subparagraph (C) added by the amendments made by this Act) and all that follows through paragraph (2) and inserting the following: ``(2)(A) There is extraterritorial jurisdiction over the offenses described in paragraph (1). ``(B) In a prosecution for a violation of, or an attempt or conspiracy to violate subsection (a)(1)(A)(i), (a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, no defense based on necessity can be raised unless the defendant-- ``(i) as soon as practicable, reported to the Coast Guard the circumstances of the necessity, and if a rescue is claimed, the name, description, registry number, and location of the vessel engaging in the rescue; and ``(ii) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement set forth in clause (i) of this subparagraph is satisfied by notifying the Coast Guard as soon as practicable after delivering the alien to emergency medical or law enforcement personnel ashore. ``(C) It is a defense to a violation of, or an attempt or conspiracy to violate, clause (iii) or (iv) of subsection (a)(1)(A) for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officer of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year. ``(D) For purposes of this paragraph and paragraph (1)-- ``(i) the term `United States' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States; and ``(ii) the term `lawful authority' means permission, authorization, or waiver that is expressly provided for in the immigration laws of the United States or the regulations prescribed under those laws and does not include any such authority secured by fraud or otherwise obtained in violation of law or authority that has been sought but not approved.''. SEC. 5. MARITIME LAW ENFORCEMENT. (a) Penalties.--Subsection (b) of section 2237 of title 18, United States Code, is amended to read as follows: ``(b)(1) Whoever intentionally violates this section shall, unless the offense is described in paragraph (2), be fined under this title or imprisoned for not more than 5 years, or both. ``(2) If the offense-- ``(A) is committed in the course of a violation of section 274 of the Immigration and Nationality Act (alien smuggling); chapter 77 (peonage, slavery, and trafficking in persons), section 111 (shipping), 111A (interference with vessels), 113 (stolen property), or 117 (transportation for illegal sexual activity) of this title; chapter 705 (maritime drug law enforcement) of title 46, or title II of the Act of June 15, 1917 (Chapter 30; 40 Stat. 220), the offender shall be fined under this title or imprisoned for not more than 10 years, or both; ``(B) results in serious bodily injury (as defined in section 1365 of this title) or transportation under inhumane conditions, the offender shall be fined under this title, imprisoned not more than 15 years, or both; or ``(C) results in death or involves kidnaping, an attempt to kidnap, the conduct required for aggravated sexual abuse (as defined in section 2241 without regard to where it takes place), or an attempt to commit such abuse, or an attempt to kill, be fined under such title or imprisoned for any term of years or life, or both.''. (b) Limitation on Necessity Defense.--Section 2237(c) of title 18, United States Code, is amended-- (1) by inserting ``(1)'' after ``(c)''; (2) by adding at the end the following: ``(2) In a prosecution for a violation of this section, no defense based on necessity can be raised unless the defendant-- ``(A) as soon as practicable upon reaching shore, delivered the person with respect to which the necessity arose to emergency medical or law enforcement personnel; ``(B) as soon as practicable, reported to the Coast Guard the circumstances of the necessity resulting giving rise to the defense; and ``(C) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien, as that term is defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)), into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement of subparagraph (B) is satisfied by notifying the Coast Guard as soon as practicable after delivering that person to emergency medical or law enforcement personnel ashore.''. (c) Definition.--Section 2237(e) of title 18, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following: ``(5) the term `transportation under inhumane conditions' means the transportation of persons in an engine compartment, storage compartment, or other confined space, transportation at an excessive speed, transportation of a number of persons in excess of the rated capacity of the means of transportation, or intentionally grounding a vessel in which persons are being transported.''. SEC. 6. AMENDMENT TO THE SENTENCING GUIDELINES. (a) In General.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding. (b) Considerations.--In carrying out this subsection, the Sentencing Commission, shall-- (1) consider providing sentencing enhancements or stiffening existing enhancements for those convicted of offenses described in paragraph (1) of this subsection that-- (A) involve a pattern of continued and flagrant violations; (B) are part of an ongoing commercial organization or enterprise; (C) involve aliens who were transported in groups of 10 or more; (D) involve the transportation or abandonment of aliens in a manner that endangered their lives; or (E) involve the facilitation of terrorist activity; and (2) consider cross-references to the guidelines for Criminal Sexual Abuse and Attempted Murder. (c) Expedited Procedures.--The Commission may promulgate the guidelines or amendments under this subsection in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired. Passed the House of Representatives May 22, 2007. Attest: LORRAINE C. MILLER, Clerk.

Alien Smuggling and Terrorism Prevention Act of 2007 - (Sec. 3) Directs the Department of Homeland Security (DHS) to check against all available terrorist watchlists those alien smugglers and smuggled individuals who are interdicted at U.S. land, air, and sea borders. (Sec. 4) Amends the Immigration and Nationality Act to specify the following criminal penalties for individuals convicted of smuggling unlawful aliens into the United States (applicable to each alien for whom the offense applies): (1) fine and/or up to five years incarceration for smuggling; (2) fine and/or up to one year incarceration for transit of the defendant's spouse, child, sibling, parent, grandparent, or niece or nephew; (3) fine and/or up to 10 years incarceration for recruiting to enter, or harboring or transporting in the United States for profit, commercial advantage, or private financial gain; (4) fine and/or incarceration for 3 to 10 years for a first or second offense of knowingly bringing an illegal alien into the United States for profit, commercial advantage, or private financial gain, or if the offense was committed with the intent or reason to believe that the individual will commit a federal or state offense punishable by more than one year's incarceration, and 5 to 15 years incarceration for any subsequent violation; (5) fine and/or up to 20 years incarceration if the offense results in serious bodily injury or jeopardizes a person's life; (6) fine and/or up to 30 years incarceration if the defendant knew the individual was a terrorist or intended to engage in terrorist activity; and (7) fine and/or incarceration for any term of years/or life if the offense involves kidnaping or attempt to kidnap, the conduct required for aggravated sexual abuse, or an attempt to kill. Provides extraterritorial jurisdiction over such offenses. Limits a defense of necessity for knowingly bringing an illegal alien into the United States from the high seas. Exempts from certain of such violations (transporting or harboring in the United States) a bona fide nonprofit, religious organization in the United States (or its agents or officers) that encourages, invites, or enables an alien who is present in the United States to serve as a volunteer minister or missionary for such organization in the United States, provided the minister or missionary has been a member of the denomination for at least one year. (Sec. 5) Amends federal criminal law to specify the following maritime penalties (in addition to the current fine/five-year incarceration): (1) fine and/or up to 10 years incarceration for offenses committed in the course of smuggling, trafficking, shipping, stolen property, drug, and other offenses; (2) fine and/or up to 15 years incarceration for offenses resulting in serious bodily injury or transportation under inhumane conditions; or (3) fine and/or incarceration for any term of years/or life if the offense results in death or involves kidnaping or attempt to kidnap, the conduct required for aggravated sexual abuse or an attempt to commit such abuse, or an attempt to kill. Limits a defense of necessity with respect to such maritime enforcement. Defines "transportation under inhumane conditions" as the transportation of persons in an engine compartment, storage compartment, or other confined space, transportation at an excessive speed, transportation of a number of persons in excess of the rated capacity of the means of transportation, or intentionally grounding a vessel in which persons are being transported. (Sec. 6) Directs the United States Sentencing Commission to review and amend as appropriate sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding.

To amend the Immigration and Nationality Act and title 18, United States Code, to combat the crime of alien smuggling and related activities, and for other purposes.

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Economic Stimulus Act of 2001''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. REDUCTION IN INCOME TAX RATES FOR INDIVIDUALS. (a) In General.--Section 1 is amended by adding at the end the following new subsection: ``(i) Rate Reductions in 2001.-- ``(1) New lowest rate bracket.-- ``(A) In general.--In the case of taxable years beginning in 2001-- ``(i) the rate of tax under subsections (a), (b), (c), and (d) on taxable income not over the initial bracket amount shall be 10 percent, and ``(ii) the 15 percent rate of tax shall apply only to taxable income over the initial bracket amount. ``(B) Initial bracket amount.--For purposes of this subsection, the initial bracket amount is-- ``(i) $20,000 in the case of subsection (a), ``(ii) $16,000 in the case of subsection (b), and ``(iii) \1/2\ the amount applicable under clause (i) in the case of subsections (c) and (d). ``(2) Adjustment of tables.--The Secretary shall adjust the tables prescribed under subsection (f) to carry out this subsection.''. (b) Conforming Amendments.-- (1) Subparagraph (B) of section 1(g)(7) is amended-- (A) by striking ``15 percent'' in clause (ii)(II) and inserting ``the first bracket percentage'', and (B) by adding at the end the following flush sentence: ``For purposes of clause (ii), the first bracket percentage is the percentage applicable to the lowest income bracket in the table under subsection (c).''. (2) Section 1(h) is amended by striking paragraph (13). (3) Section 15 is amended by adding at the end the following new subsection: ``(f) Rate Reductions Enacted by Economic Stimulus Act of 2001.-- This section shall not apply to any change in rates under subsection (i) of section 1 (relating to rate reductions in 2001).''. (4) Section 3402(p)(2) is amended by striking ``equal to 15 percent of such payment'' and inserting ``equal to the product of the lowest rate of tax under section 1(c) and such payment''. (c) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2000. (2) Amendment to withholding provision.--The amendment made by subsection (b)(4) shall apply to amounts paid after the 60th day after the date of the enactment of this Act. SEC. 3. CREDIT AGAINST INDIVIDUAL EMPLOYMENT TAXES. (a) In General.--Subchapter B of chapter 65 (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. 6428. CREDIT AGAINST INDIVIDUAL EMPLOYMENT TAXES. ``(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 any taxable year beginning in 2001, in an amount equal to the lesser of-- ``(1) the amount of the taxpayer's liability for tax for the taxpayer's last taxable year beginning in calendar year 2000, or ``(2) $500. ``(b) Liability for Tax.--For purposes of this section, the liability for tax for the taxable year shall be the taxpayer's social security taxes (within the meaning of section 24(d)(3)) for the taxable year. ``(c) Date Payment Deemed Made.-- ``(1) In general.--The payment provided by this section shall be deemed made on July 1, 2001. ``(2) Remittance of payment.--The Secretary shall remit to each taxpayer the payment described in paragraph (1) on July 1, 2001. ``(d) Certain Persons Not Eligible.--This section shall not apply to-- ``(1) any individual with taxable income (as defined in section 63) for the taxable year beginning in 2001, ``(2) any estate or trust, nor ``(3) 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 enacted by the Economic Stimulus Act of 2001''. (c) Clerical Amendment.--The table of sections for subchapter B of chapter 65 is amended by adding at the end the following new item: ``Sec. 6428. Credit against individual employment taxes.''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Economic Stimulus Act of 2001 - Amends the Internal Revenue Code, as of tax year 2001, to reduce the 15 percent tax rate to ten percent for: (1) joint filers with taxable income below $20,000; (2) heads of household with taxable income below $16,000; and (3) single or married persons filing separately with taxable income below $10,000.Provides a payroll tax credit ($500 maximum) for qualifying taxpayers with no tax liability as of tax year 2001.

A bill to amend the Internal Revenue Code of 1986 to provide a 10 percent individual income tax rate for taxable years beginning in 2001 and a payroll tax credit for those taxpayers who have no income tax liability in 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Safety Protection Act''. TITLE I--TOY LABELING REQUIREMENTS SEC. 101. REQUIREMENTS FOR LABELING CERTAIN TOYS AND GAMES. (a) Requirement Under Federal Hazardous Substances Act.--The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is amended by adding at the end the following new section: ``SEC. 24. REQUIREMENTS FOR LABELING CERTAIN TOYS AND GAMES. ``(a) Toys or Games for Children Who Are at Least 3.-- ``(1) Requirement.--The packaging of any toy or game intended for use by children who are at least 3 years old but not older than 6 years (or such other upper age limit as the Commission may determine, which may not be less than 5 years old), any descriptive material which accompanies such toy or game, and, in the case of bulk sales of such toy or game when unpackaged, any bin, container for retail display, or vending machine from which the unpackaged toy or game is dispensed shall bear or contain the cautionary statement described in paragraph (2) if the toy or game-- ``(A) is manufactured for sale, offered for sale, or distributed in commerce in the United States, and ``(B) includes a small part, as defined by the Commission. ``(2) Label.--The cautionary statement required by paragraph (1) for a toy or game shall be as follows: <GRAPHIC><TIFF>TB11MY94.09a ``(b) Balloons, Small Balls, and Marbles.-- ``(1) Requirement.--In the case of any latex balloon, any ball with a diameter of 1.75 inches or less intended for children 3 years of age or older, any marble intended for children 3 years of age or older, or any toy or game which contains such a balloon, ball, or marble, which is manufactured for sale, offered for sale, or distributed in commerce in the United States-- ``(A) the packaging of such balloon, ball, marble, toy, or game, ``(B) any descriptive material which accompanies such balloon, ball, marble, toy, or game, and ``(C) in the case of bulk sales of any such product when unpackaged, any bin, container for retail display, or vending machine from which such unpackaged balloon, ball, marble, toy, or game is dispensed, shall bear or contain the cautionary statement described in paragraph (2). ``(2) Label.--The cautionary statement required under paragraph (1) for a balloon, ball, marble, toy, or game shall be as follows: ``(A) Balloons.--In the case of balloons, or toys or games that contain latex balloons, the following cautionary statement applies: <GRAPHIC><TIF1>TB11MY94.10a ``(B) Balls.--In the case of balls, the following cautionary statement applies: <GRAPHIC><TIF2>TB11MY94.11a ``(C) Marbles.--In the case of marbles, the following cautionary statement applies: <GRAPHIC><TIF3>TB11MY94.12a ``(D) Toys and games.--In the case of toys or games containing balls, the following cautionary statement applies: <GRAPHIC><TIF4>TB11MY94.13a In the case of toys or games containing marbles, the following cautionary statement applies: <GRAPHIC><TIF5>TB11MY94.14a ``(c) General Labeling Requirements.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), any cautionary statement required under subsection (a) or (b) shall be-- ``(A) displayed in its entirety on the principal display panel of the product's package, and on any descriptive material which accompanies the product, and, in the case of bulk sales of such product when unpackaged, on the bin, container for retail display of the product, and any vending machine from which the unpackaged product is dispensed, and ``(B) displayed in the English language in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on such package, descriptive materials, bin, container, and vending machine, and in a manner consistent with part 1500 of title 16, Code of Federal Regulations (or successor regulations thereto). ``(2) Exception for products manufactured outside united states.--In the case of a product manufactured outside the United States and directly shipped from the manufacturer to the consumer by United States mail or other delivery service, the accompanying material inside the package of the product may fail to bear the required statement if other accompanying material shipped with the product bears such statement. ``(3) Special rules for certain packages.--(A) A cautionary statement required by subsection (a) or (b) may, in lieu of display on the principal display panel of the product's package, be displayed on another panel of the package if-- ``(i) the package has a principal display panel of 15 square inches or less and the required statement is displayed in three or more languages; and ``(ii) the statement specified in subparagraph (B) is displayed on the principal display panel and is accompanied by an arrow or other indicator pointing toward the place on the package where the statement required by subsection (a) or (b) appears. ``(B)(i) In the case of a product to which subsection (a), subsection (b)(2)(B), subsection (b)(2)(C), or subsection (b)(2)(D) applies, the statement specified by this subparagraph is as follows: <GRAPHIC><TIF6>TB11MY94.15a ``(ii) In the case of a product to which subsection (b)(2)(A) applies, the statement specified by this subparagraph is as follows: <GRAPHIC><TIF7>TB11MY94.16a ``(d) Treatment as Misbranded Hazardous Substance.--A balloon, ball, marble, toy, or game, that is not in compliance with the requirements of this subsection shall be considered a misbranded hazardous substance under section 2(p).''. (b) Other Small Balls.--A small ball-- (1) intended for children under the age of 3 years of age, and (2) with a diameter of 1.75 inches or less, shall be considered a banned hazardous substance under section 2(q) of the Federal Hazardous Substances Act (15 U.S.C. 1261(q)). (c) Regulations.--The Consumer Product Safety Commission (hereinafter referred to as the ``Commission'') shall promulgate regulations, under section 553 of title 5, United States Code, for the implementation of this section and section 24 of the Federal Hazardous Substances Act by July 1, 1994, or the date that is 6 months after the date of enactment of this Act, whichever occurs first. Subsections (f) through (i) of section 3 of the Federal Hazardous Substances Act (15 U.S.C. 1262) shall not apply with respect to the issuance of regulations under this subsection. (d) Effective Date; Applicability.--Subsections (a) and (b) shall take effect January 1, 1995, and section 24 of the Federal Hazardous Substances Act shall apply only to products entered into commerce on or after January 1, 1995. (e) Preemption.-- (1) In general.--Subject to paragraph (2), a State or political subdivision of a State may not establish or enforce a requirement relating to cautionary labeling of small parts hazards or choking hazards in any toy, game, marble, small ball, or balloon intended or suitable for use by children unless such requirement is identical to a requirement established by amendments made by this section to the Federal Hazardous Substances Act or by regulations promulgated by the Commission. (2) Exception.--A State or political subdivision of a State may, until January 1, 1995, enforce a requirement described in paragraph (1) if such requirement was in effect on October 2, 1993. SEC. 102. REPORTING REQUIREMENTS. (a) Reports to Consumer Product Safety Commission.-- (1) Requirement to report.--Each manufacturer, distributor, retailer, and importer of a marble, small ball, or latex balloon, or a toy or game that contains a marble, small ball, latex balloon, or other small part, shall report to the Commission any information obtained by such manufacturer, distributor, retailer, or importer which reasonably supports the conclusion that-- (A) an incident occurred in which a child (regardless of age) choked on such a marble, small ball, or latex balloon or on a marble, small ball, latex balloon, or other small part contained in such toy or game; and (B) as a result of that incident the child died, suffered serious injury, ceased breathing for any length of time, or was treated by a medical professional. (2) Treatment under cpsa.--For purposes of section 19(a)(3) of the Consumer Product Safety Act (15 U.S.C. 2068(a)(3)), the requirement to report information under this subsection is deemed to be a requirement under such Act. (3) Effect on liability.--A report by a manufacturer, distributor, retailer, or importer under paragraph (1) shall not be interpreted, for any purpose, as an admission of liability or of the truth of the information contained in the report. (b) Confidentiality Protections.--The confidentiality protections of section 6(b) of the Consumer Product Safety Act (15 U.S.C. 2055(b)) apply to any information reported to the Commission under subsection (a) of this section. For purposes of section 6(b)(5) of such Act, information so reported shall be treated as information submitted pursuant to section 15(b) of such Act respecting a consumer product. TITLE II--CHILDREN'S BICYCLE HELMET SAFETY SEC. 201. SHORT TITLE. This title may be cited as the ``Children's Bicycle Helmet Safety Act of 1994''. SEC. 202. ESTABLISHMENT OF PROGRAM. (a) In General.--The Administrator of the National Highway Traffic Safety Administration may, in accordance with section 203, make grants to States, political subdivisions of States, and nonprofit organizations for programs that require or encourage individuals under the age of 16 to wear approved bicycle helmets. In making those grants, the Administrator shall allow grantees to use wide discretion in designing programs that effectively promote increased bicycle helmet use. (b) Federal Share.--The amount provided by a grant under this section shall not exceed 80 percent of the cost of the program for which the grant is made. In crediting the recipient State, political subdivision, or nonprofit organization for the non-Federal share of the cost of such a program (other than planning and administration), the aggregate of all expenditures made by such State, political subdivision, or nonprofit organization (exclusive of Federal funds) for the purposes described in section 203 (other than expenditures for planning and administration) shall be available for such crediting, without regard to whether such expenditures were actually made in connection with such program. SEC. 203. PURPOSES FOR GRANTS. A grant made under section 202 may be used by a grantee to-- (1) enforce a law that requires individuals under the age of 16 to wear approved bicycle helmets on their heads while riding on bicycles; (2) provide assistance, to individuals under the age of 16 who may not be able to afford approved bicycle helmets, to enable such individuals to acquire such helmets; (3) develop and administer a program to educate individuals under the age of 16 and their families on the importance of wearing such helmets in order to improve bicycle safety; or (4) carry out any combination of the activities described in paragraphs (1), (2), and (3). The Administrator shall review grant applications for compliance with this section prior to awarding grants. SEC. 204. REPORT TO CONGRESS. Not later than May 1, 1997, the Administrator of the National Highway Traffic Safety Administration shall report to Congress on the effectiveness of the grant program established by section 202. The report shall include a list of grant recipients, a summary of the types of programs implemented by the grantees, and any recommendation by the Administrator regarding how the program should be changed in the future. SEC. 205. STANDARDS. (a) In General.--Bicycle helmets manufactured 9 months or more after the date of the enactment of this Act shall conform to-- (1) any interim standard described under subsection (b), pending the establishment of a final standard pursuant to subsection (c); and (2) the final standard, once it has been established under subsection (c). (b) Interim Standards.--The interim standards are as follows: (1) The American National Standards Institute standard designated as ``Z90.4-1984''. (2) The Snell Memorial Foundation standard designated as ``B- 90''. (3) The American Society for Testing and Materials (ASTM) standard designated as ``F 1447''. (4) Any other standard that the Commission determines is appropriate. (c) Final Standard.--Not later than 60 days after the date of the enactment of this Act, the Commission shall begin a proceeding under section 553 of title 5, United States Code, to-- (1) review the requirements of the interim standards set forth in subsection (a) and establish a final standard based on such requirements; (2) include in the final standard a provision to protect against the risk of helmets coming off the heads of bicycle riders; (3) include in the final standard provisions that address the risk of injury to children; and (4) include additional provisions as appropriate. Sections 7, 9, and 30(d) of the Consumer Product Safety Act (15 U.S.C. 2056, 2058, 2079(d)) shall not apply to the proceeding under this subsection and section 11 of such Act (15 U.S.C. 2060) shall not apply with respect to any standard issued under such proceeding. The final standard shall take effect 1 year from the date it is issued. (d) Failure To Meet Standards.-- (1) Failure to meet interim standard.--Until the final standard takes effect, a bicycle helmet that does not conform to an interim standard as required under subsection (a)(1) shall be considered in violation of a consumer product safety standard promulgated under the Consumer Product Safety Act. (2) Status of final standard.--The final standard developed under subsection (c) shall be considered a consumer product safety standard promulgated under the Consumer Product Safety Act. SEC. 206. AUTHORIZATION OF APPROPRIATIONS. For the National Highway Traffic Safety Administration to carry out the grant program authorized by this title, there are authorized to be appropriated $2,000,000 for fiscal year 1995, $3,000,000 for fiscal year 1996, and $4,000,000 for fiscal year 1997. SEC. 207. DEFINITION. In this title, the term ``approved bicycle helmet'' means a bicycle helmet that meets-- (1) any interim standard described in section 205(b), pending establishment of a final standard under section 205(c); and (2) the final standard, once it is established under section 205(c). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Toy Labeling Requirements Title II: Children's Bicycle Helmet Safety Child Safety Protection Act - Title I: Toy Labeling Requirements - Requires warning labels on the packaging of children's toys and games with small parts, balloons, small balls, or marbles. Establishes general labeling requirements, including that any required cautionary statement be displayed in English, in conspicuous and legible type (consistent with specified Federal regulations), and in its entirety on the principal display panel of the product's package, on any descriptive material accompanying the product, in the case of bulk sales of such product when unpackaged, on any bin, any container for retail display, and any vending machine from which the product is dispensed. Sets forth exceptions, including for products manufactured outside the United States. Treats a balloon, ball, marble, toy, or game that is not in compliance with labeling requirements as a misbranded hazardous substance. Sets forth provisions regarding: (1) preemption; (2) reporting requirements; and (3) confidentiality. Title II: Children's Bicycle Helmet Safety - Children's Bicycle Helmet Safety Act of 1994 - Authorizes the Administrator of the National Highway Traffic Safety Administration to make grants to States, political subdivisions, and nonprofit organizations for programs that require or encourage individuals under the age of 16 to wear approved bicycle helmets. Requires bicycle helmets to meet specified interim Consumer Product Safety Commission (CPSC) standards and provides for the setting of a final standard. Considers failure to meet such a standard to be a violation of a consumer product safety standard promulgated under the Consumer Product Safety Act. Authorizes appropriations.

Child Safety Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``WMD Intelligence and Information Sharing Act of 2012''. SEC. 2. WEAPONS OF MASS DESTRUCTION INTELLIGENCE AND INFORMATION SHARING. (a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following: ``SEC. 210G. WEAPONS OF MASS DESTRUCTION INTELLIGENCE AND INFORMATION SHARING. ``(a) In General.--The Office of Intelligence and Analysis of the Department of Homeland Security shall-- ``(1) support homeland security-focused intelligence analysis of terrorist actors, their claims, and their plans to conduct attacks involving chemical, biological, radiological, and nuclear materials against the Nation; ``(2) support homeland security-focused intelligence analysis of global biological threats, including global infectious disease, public health, food, agricultural, and veterinary issues, through activities such as engagement of international partners; ``(3) support homeland security-focused risk analysis and risk assessments of the homeland security hazards described in paragraphs (1) and (2) by providing relevant quantitative and nonquantitative threat information; ``(4) leverage existing and emerging homeland security intelligence capabilities and structures to enhance prevention, protection, response, and recovery efforts with respect to a chemical, biological, radiological, or nuclear attack; ``(5) share information and provide tailored analytical support on these threats to State, local, and tribal authorities as well as other national biosecurity and biodefense stakeholders; and ``(6) perform other responsibilities, as assigned by the Secretary. ``(b) Coordination.--Where appropriate, the Office of Intelligence and Analysis shall coordinate with other relevant Department components, others in the Intelligence Community, including the National Counter Proliferation Center, and other Federal, State, local, and tribal authorities, including officials from high-threat areas, and enable such entities to provide recommendations on optimal information sharing mechanisms, including expeditious sharing of classified information, and on how they can provide information to the Department. ``(c) Report.-- ``(1) In general.--Not later than one year after the date of the enactment of this section and annually thereafter, the Secretary shall report to the appropriate congressional committees on-- ``(A) the intelligence and information sharing activities under subsection (a) and of all relevant entities within the Department to counter the threat from weapons of mass destruction; and ``(B) the Department's activities in accordance with relevant intelligence strategies. ``(2) Assessment of implementation.--The report shall include-- ``(A) a description of methods established to assess progress of the Office of Intelligence and Analysis in implementing this section; and ``(B) such assessment. ``(d) Definitions.--In this section: ``(1) The term `appropriate congressional committees' means the Committee on Homeland Security of the House of Representatives and any committee of the House of Representatives or the Senate having legislative jurisdiction under the rules of the House of Representatives or Senate, respectively, over the matter concerned. ``(2) The term `Intelligence Community' has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). ``(3) The term `national biosecurity and biodefense stakeholders' means officials from the Federal, State, local, and tribal authorities and individuals from the private sector who are involved in efforts to prevent, protect against, respond to, and recover from a biological attack or other phenomena that may have serious health consequences for the United States, including wide-scale fatalities or infectious disease outbreaks.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following: ``Sec. 210G. Weapons of mass destruction intelligence and information sharing.''. SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY THE DEPARTMENT TO STATE, LOCAL, TRIBAL, AND PRIVATE ENTITIES WITH RESPONSIBILITIES RELATING TO HOMELAND SECURITY. Section 201(d)(8) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)(8)) is amended by striking ``and to agencies of State'' and all that follows and inserting ``to State, local, tribal, and private entities with such responsibilities, and, as appropriate, to the public, in order to assist in preventing, deterring, or responding to acts of terrorism against the United States.''. Passed the House of Representatives May 30, 2012. Attest: KAREN L. HAAS, Clerk.

WMD Intelligence and Information Sharing Act of 2012 - Amends the Homeland Security Act of 2002 to direct the Office of Intelligence and Analysis of the Department of Homeland Security (DHS) to: (1) support homeland security-focused intelligence analysis of terrorist actors, their claims, and their plans to conduct attacks involving chemical, biological, radiological, and nuclear materials against the nation and of global biological threats, including global infectious disease, public health, food, agricultural, and veterinary issues, through activities such as engagement of international partners; (2) support homeland security-focused risk analysis and risk assessments of such homeland security hazards by providing relevant quantitative and nonquantitative threat information; (3) leverage homeland security intelligence capabilities and structures to enhance prevention, protection, response, and recovery efforts with respect to a chemical, biological, radiological, or nuclear attack; and (4) share information and provide tailored analytical support on these threats to state, local, and tribal authorities as well as other national biosecurity and biodefense stakeholders. Requires the Office to coordinate with other DHS components, the Intelligence Community, and federal, state, local, and tribal authorities where appropriate and enable such entities to provide recommendations on optimal information sharing mechanisms and on how they can provide information to DHS. Directs the Secretary of DHS to report annually on: (1) intelligence and information sharing activities to counter the threat from weapons of mass destruction, and (2) DHS's activities in accordance with relevant intelligence strategies. Requires the Secretary to ensure that homeland security information analyzed by DHS concerning terrorist threats is provided to state, local, and private entities and the public.

To amend the Homeland Security Act of 2002 to establish weapons of mass destruction intelligence and information sharing functions of the Office of Intelligence and Analysis of the Department of Homeland Security and to require dissemination of information analyzed by the Department to entities with responsibilities relating to homeland security, and for other purposes.

SECTION 1. PORTABILITY OF LIFETIME INCOME AND MANAGED ACCOUNT OPTIONS. (a) In General.--Subsection (a) of section 401 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (37) the following new paragraph: ``(38) Portability of lifetime income and managed account options.-- ``(A) In general.--A trust forming part of a defined contribution plan shall not be treated as failing to constitute a qualified trust under this section solely by reason of allowing-- ``(i) qualified distributions of a lifetime income investment or a managed account investment, or ``(ii) distributions of a lifetime income investment in the form of a qualified plan distribution annuity contract, on or after the date that is 90 days prior to the date on which such lifetime income investment or such managed account investment is no longer authorized to be held as an investment option under the plan except as may otherwise be provided by regulations. ``(B) Definitions.--For purposes of this subsection-- ``(i) the term `qualified distribution' means a direct trustee-to-trustee transfer to an eligible retirement plan (as defined in section 402(c)(8)(B)), as described in section 401(a)(31)(A), and in the case of a managed account investment, the eligible retirement plan must be maintained by the account manager of such managed account investment, ``(ii) the term `lifetime income investment' means an investment option that is designed to provide an employee with election rights-- ``(I) that are not uniformly available with respect to other investment options under the plan, and ``(II) that are to a lifetime income feature available through a contract or other arrangement offered under the plan or under another eligible retirement plan (as defined in section 402(c)(8)(B)) through a direct trustee-to-trustee transfer to such other eligible retirement plan under section 401(a)(31)(A), ``(iii) the term `lifetime income feature' means-- ``(I) a feature that guarantees a minimum level of income annually (or more frequently) for at least the remainder of the life of the employee or the joint lives of the employee and the employee's designated beneficiary, or ``(II) an annuity payable on behalf of the employee under which payments are made in substantially equal periodic payments (not less frequently than annually) over the life of the employee or the joint lives of the employee and the employee's designated beneficiary, ``(iv) the term `qualified plan distribution annuity contract' means an annuity contract purchased for a participant and distributed to the participant by a plan described in subparagraph (B) of section 402(c)(8) (without regard to clauses (i) and (ii) thereof), ``(v) the term `managed account investment' means an investment option under which the assets of the employee's individual account are managed by an account manager, applying generally accepted investment theories, to achieve varying degrees of long-term appreciation and capital preservation based on the employee's age, target retirement date or life expectancy, ``(vi) the term `account manager' means an investment manager (within the meaning of section 3(38) of the Employee Retirement Income Security Act), and ``(vii) a lifetime income investment or managed account investment is treated as no longer authorized to be held as an investment under the plan if such treatment applies to all plan participants or to a class of such participants, as determined in any reasonable manner.''. (b) Cash or Deferred Arrangement.--Clause (i) of section 401(k)(2)(B) of such Code is amended by striking ``or'' at the end of subclause (IV), by striking ``and'' at the end of subclause (V) and inserting ``or'', and by adding at the end of clause (i) the following: ``(VI) with respect to amounts invested in a lifetime income investment (as defined in section 401(a)(38)(B)(ii)) or a managed account investment (as defined in section 401(a)(38)(B)(v)), the date that is 90 days prior to the date that such lifetime income investment or such managed account investment may no longer be held as an investment option under the plan (within the meaning of section 401(a)(38)(B)(vii)), provided that any distribution under this subclause must be in the form of a qualified distribution (as defined in section 401(a)(38)(B)(i)) or, in the case of a lifetime income investment, a qualified plan distribution annuity contract (as defined in section 401(a)(38)(B)(iv)), and''. (c) Section 403(b) Plans.-- (1) Annuity contracts.--Paragraph (11) of section 403(b) of such Code is amended by striking ``or'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C), and by inserting ``, or'', and by adding at the end the following: ``(D) with respect to amounts invested in a lifetime income investment (as defined in section 401(a)(38)(B)(ii)) or a managed account investment (as defined in section 401(a)(38)(B)(v)), the date that is 90 days prior to the date that such lifetime income investment or such managed account investment may no longer be held as an investment option under the plan (within the meaning of section 401(a)(38)(B)(vii)), provided that any distribution under this subparagraph must be in the form of a qualified distribution (as defined in section 401(a)(38)(B)(i)) or, in the case of a lifetime income investment, a qualified plan distribution annuity contract (as defined in section 401(a)(38)(B)(iv)).''. (2) Custodial accounts.--Clause (ii) of section 403(b)(7)(A) of such Code is amended to read as follows: ``(ii) under the custodial account, no such amounts may be paid or made available to any distributee (unless such amount is a distribution to which section 72(t)(2)(G) applies) before-- ``(I) the employee dies, ``(II) the employee attains age 59\1/2\, ``(III) the employee has a severance from employment, ``(IV) the employee becomes disabled (within the meaning of section 72(m)(7)), ``(V) in the case of contributions made pursuant to a salary reduction agreement (within the meaning of section 3121(a)(5)(D)), the employee encounters financial hardship, or ``(VI) with respect to amounts invested in a lifetime income investment (as defined in section 401(a)(38)(B)(ii)) or a managed account investment (as defined in section 401(a)(38)(B)(v)), the date that is 90 days prior to the date that such lifetime income investment or such managed account investment may no longer be held as an investment option under the plan (within the meaning of section 401(a)(38)(B)(vii)), provided that any distribution under this subparagraph must be in the form of a qualified distribution (as defined in section 401(a)(38)(B)(i)) or, in the case of a lifetime income investment, a qualified plan distribution annuity contract (as defined in section 401(a)(38)(B)(iv)).''. (d) Eligible Deferred Compensation Plans.--Subparagraph (A) of section 457(d)(1) of such Code is amended by striking ``or'' at the end of clause (ii), by inserting ``or'' at the end of clause (iii), and by adding after clause (iii) the following: ``(iv) with respect to amounts invested in a lifetime income investment (as defined in section 401(a)(38)(B)(ii)) or a managed account investment (as defined in section 401(a)(38)(B)(v)), the date that is 90 days prior to the date that such lifetime income investment or such managed account investment may no longer be held as an investment option under the plan (within the meaning of section 401(a)(38)(B)(vii)), provided that any distribution under this subparagraph must be in the form of a qualified distribution (as defined in section 401(a)(38)(B)(i)) or, in the case of a lifetime income investment, a qualified plan distribution annuity contract (as defined in section 401(a)(38)(B)(iv)),''. (e) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2017.

This bill amends the Internal Revenue Code to allow distributions from certain tax-favored employer-sponsored retirement plans if a lifetime income investment or managed account investment is no longer authorized to be held as an investment option under the plan. If a lifetime income or managed account investment is no longer authorized to be held as an investment option under the plan, the bill allows: (1) qualified distributions of a lifetime income investment or a managed account investment, or (2) distributions of a lifetime income investment in the form of a qualified plan distribution annuity contract. A "qualified distribution" is a direct trustee-to-trustee transfer to an eligible retirement plan. A "qualified plan distribution annuity contract" is an annuity contract purchased for a participant and distributed to the participant by an employer-sponsored retirement plan.

To amend the Internal Revenue Code of 1986 to make lifetime income and managed account options of defined contribution retirement savings plans portable.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Section Commission to Advise on Reforming Elections Act''. SEC. 2. ESTABLISHMENT OF SELECT COMMISSION TO ADVISE ON REFORMING ELECTIONS. There is established a commission to be known as the ``Select Commission to Advise on Reforming Elections'' (referred to in this Act as the ``Commission''). The purposes of the Commission are to study the laws relating to the financing of campaigns for elections for Federal office and to report and recommend legislation to reform those laws. SEC. 3. MEMBERSHIP OF COMMISSION. (a) Appointment.--The Commission shall be composed of 12 members appointed not later than 60 days after the date of the enactment of this Act by the President, of whom-- (1) Three members shall be appointed from among a list of nominees submitted by the majority leader of the House of Representatives; (2) Three members shall be appointed from among a list of nominees submitted by the majority leader of the Senate; (3) Two members shall be appointed from among a list of nominees submitted by the minority leader of the House of Representatives; (4) Two members shall be appointed from among a list of nominees submitted by the minority leader of the Senate; and (5) Two members shall be appointed from individuals meeting such criteria as the President may apply. (b) Chair.--The members of the Commission shall select two members to serve as co-chairs of the Commission. (c) Terms.--The members of the Commission shall serve for the life of the Commission. (d) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. SEC. 4. POWERS OF COMMISSION. (a) 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. (b) Quorum.--Five members of the Commission shall constitute a quorum, but a lesser number may hold hearings. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) Pay and Travel Expenses of Members.--(1) Each member of the Commission, other than the co-chairs, shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. Each co-chair shall be paid for each day referred to in the preceding sentence at a rate equal to the daily equivalent of the annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Members of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (b) Staff Director.--The Commission shall, without regard to section 5311(b) of title 5, United States Code, appoint a staff director, who shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (c) Staff of Commission; Services.-- (1) In general.--Subject to such rules as may be adopted by the Commission, the staff director of the Commission, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classifications and General Schedule pay rates, and subject to the approval of the Commission, may appoint such personnel as the staff director considers necessary, except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for grade GS- 15 of the General Schedule under section 5332 of title 5, United States Code. (2) Temporary and intermittent services.--Subject to the approval of the Commission, the staff director of the Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code. SEC. 6. REPORT AND RECOMMENDATIONS FOR CHANGES IN LAW. (a) Report.--Not later than 180 days after the appointment of its members, the Commission shall submit to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate a report of the activities of the Commission. (b) Recommendations for Changes in Campaign Finance Laws.-- (1) In general.--Subject to paragraph (2), the Commission shall submit to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate any recommendations for changes in the laws (including regulations) governing the conducting and financing of Federal campaigns (including any changes in the rules of the Senate or the House of Representatives) to which seven or more members of the Commission may agree-- (A) by including such recommendations in the report submitted under subsection (a); or (B) with the approval of a majority of its members, by submitting a supplemental report containing such recommendations not later than 180 days after submitting the report under subsection (a). (2) Final deadline.--The Commission may not submit recommendations under this subsection after July 15, 1998. (c) Dissenting Views.--The Commission shall include in the report submitted under subsection (a) and in any recommendations submitted under subsection (b) any dissenting or minority views of its members, including recommendations for changes in law which were proposed by any member and to which seven or more members did not agree. SEC. 7. EXPEDITED CONGRESSIONAL CONSIDERATION OF LEGISLATION IMPLEMENTING RECOMMENDATIONS. (a) Preparation of Legislation.--If the Commission submits any recommendation for changes in the laws under section 6(b), those members concurring in the recommendation shall include with the recommendation legislation to implement the recommendation. (b) Expedited Congressional Consideration of Legislation.-- (1) In general.--If any legislation is introduced the substance of which implements a recommendation of the Commission submitted under section 6(b), subject to paragraph (2), the provisions of section 2908 (other than subsection (a)) of the Defense Base Closure and Realignment Act of 1990 shall apply to the consideration of the legislation in the same manner as such provisions apply to a joint resolution described in section 2908(a) of such Act. (2) Special rules.--For purposes of applying paragraph (1) with respect to such provisions, the following rules shall apply: (A) Any reference to the Committee on Armed Services of the House of Representatives shall be deemed a reference to the Committee on House Oversight of the House of Representatives and any reference to the Committee on Armed Services of the Senate shall be deemed a reference to the Committee on Rules and Administration of the Senate. (B) Any reference to the date on which the President transmits a report shall be deemed a reference to the date on which the recommendation involved is submitted under section 6(b). SEC. 8. TERMINATION. The Commission shall cease to exist 90 days after the later of-- (1) the date of the submission of its report under section 6(a); or (2) the date of the submission of its recommendations under section 6(b).

Select Commission to Advise on Reforming Elections Act - Establishes the Select Commission to Advise on Reforming Elections to study the laws relating to the financing of campaigns for Federal elections and to report and recommend legislation to reform those laws. (Sec. 6) Requires the Commission to submit a report to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate on its activities. Directs the Commission, as specified, to submit to the President, the Speaker and minority leader of the House of Representatives, and the majority and minority leaders of the Senate, any recommendations for changes in campaign finance laws to which seven or more Commission members may agree. Prohibits the submission of recommendations by the Commission after July 15, 1998. (Sec. 7) Requires that when the Commission submits any recommendation for changes in campaign finance laws, those Commission members concurring in the recommendation shall include legislation to implement the recommendation. Provides for expedited congressional consideration of any legislation introduced which implements a recommendation of the Commission. (Sec. 8) Terminates the Commission after the later of: (1) the submission of its report; or (2) the submission of its recommendations.

Select Commission to Advise on Reforming Elections Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Year 2000 Preparedness Act of 1998''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``end-to-end testing'' means testing data exchange software with respect to-- (A) the initiation of the exchange by sending computers; (B) transmission through intermediate communications software and hardware; and (C) receipt and acceptance by receiving computers; (2) the term ``small and medium-sized businesses'' means businesses with less than 500 employees; (3) the term ``Year 2000 compliant'' means, with respect to information technology, that the information technology accurately processes (including calculating, comparing, and sequencing) date and time data from, into, and between the 20th and 21st centuries and the years 1999 and 2000, and leap year calculations, to the extent that other information technology properly exchanges date and time data with it; (4) the term ``Year 2000 computer problem'' means, with respect to information technology, any problem which prevents such technology from accurately processing, calculating, comparing, or sequencing date or time data-- (A) from, into, or between-- (i) the 20th and 21st centuries; or (ii) the years 1999 and 2000; (B) with regard to leap year calculations; or (C) with regard to such other dates as the Year 2000 Conversion Council may identify and designate; and (5) the term ``Year 2000 Conversion Council'' means the President's Council on Year 2000 Conversion established under section 2 of Executive Order No. 13073, issued on February 4, 1998; SEC. 3. CRITICAL GOVERNMENT SERVICES. The President shall provide for the acceleration of the development of business continuity plans by Federal agencies necessary to ensure the uninterrupted delivery by those agencies of critical mission- related services. SEC. 4. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) the President should take a high profile national leadership position to aggressively promote Year 2000 date change awareness for information technology systems and sensitive infrastructure applications; (2) the President should authorize the Chair of the Year 2000 Conversion Council to take a leadership role in resolving Year 2000 issues in any critical Federal civilian agency system that is in jeopardy because of ineffective management of not meeting the January 1, 2000, deadline with respect to the Year 2000 computer problem; (3) consistent with the spirit of the Government Performance and Results Act of 1993, the Chair of the Year 2000 Conversion Council, in consultation with the President's Council on Infrastructure Assurance, officers of the Federal Government and of State and local governments, and representatives of the private sector, should work toward a national strategy to assure that the critical infrastructures and key sectors of the economy will be prepared for the Year 2000 date change, with such strategy including, for each sector, goals appropriate to each; (4) the Chair of the Year 2000 Conversion Council is making a significant contribution to Year 2000 computer problem awareness by scheduling a National Y2K Action Week for October 19 through 23, 1998; (5) the Small Business Administration, the Department of Commerce, the Department of Agriculture, and other appropriate Federal agencies should undertake maximum efforts to assist American family businesses and farmers in assessing their exposure to the Year 2000 computer problem, undertaking the necessary remedial steps, and formulating contingency plans; and (6) State and local governments, as well as private sector industry groups and companies, should find ways to participate in this effort to prepare the American economy for the year 2000. SEC. 5. AGENCY REPORTS. All Federal agency reports to the Office of Management and Budget relating to the Year 2000 computer problem shall be concurrently transmitted to the Congress, including all Federal agency monthly submissions to the Office of Management and Budget. SEC. 6. GUIDELINES. The Chair of the Year 2000 Conversion Council is encouraged to develop, in consultation with industry, guidelines of best practices and standards for remediation and validation with respect to the Year 2000 computer problem to provide better direction for government and private sector efforts. SEC. 7. NATIONAL ASSESSMENT OF YEAR 2000 COMPUTER PROBLEM. The Chair of the Year 2000 Conversion Council shall submit to the Congress any national assessment of the Year 2000 computer problem, conducted through or in conjunction with the Year 2000 Conversion Council, covering all critical national infrastructures and key sectors of the economy, including banking and finance, energy, telecommunications, transportation, and vital human services which protect the public health and safety, the water supply, housing and public buildings, and the environment. SEC. 8. FEDERAL AGENCY ACTIONS. To ensure that all computer operations and processing can be provided without interruption by Federal agencies after December 31, 1999, the head of each Federal agency shall-- (1) take actions necessary to ensure that all systems and hardware administered by the agency are Year 2000 compliant, to the extent necessary to ensure that no significant disruption of the operations of the agency or of the agency's data exchange partners occurs, including-- (A) establishing, before March 1, 1999, schedules for testing and implementing new data exchange formats for completing all data exchange corrections, which may include national test days for end-to-end testing of critical processes and associated data exchanges affecting Federal, State, and local governments; (B) notifying data exchange partners of the implications to the agency and the exchange partners if they do not make appropriate date conversion corrections in time to meet the Federal schedule for implementing and testing Year 2000 compliant data exchange processes; (C) giving priority to installing filters necessary to prevent the corruption of mission-critical systems from data exchanges with noncompliant systems; and (D) developing and implementing, as part of the agency's continuity and contingency planning efforts, specific provisions for data exchanges that may fail, including strategies to mitigate operational disruptions if data exchange partners do not make timely date conversion corrections; (2) beginning not later than 30 days after the date of the enactment of this Act, convene meetings at least quarterly with representatives of the agency's data exchange partners to assess implementation progress; and (3) after each meeting convened pursuant to paragraph (2), transmit to the Congress a report summarizing-- (A) the results of that meeting; and (B) the status of the agency's completion of key data exchange corrections, including the extent of data exchange inventoried, an assessment of data exchange formats agreed to with data exchange partners, testing and implementation schedules, and testing and implementation completed. SEC. 9. ASSISTANCE FOR SMALL AND MEDIUM-SIZED BUSINESSES. To ensure that the Nation's small and medium-sized businesses are prepared to meet the Year 2000 computer problem challenge, the National Institute of Standards and Technology, in conjunction with the Small Business Administration, shall develop a Year 2000 compliance outreach program to assist small and medium-sized businesses. Such program shall include-- (1) the development of a Year 2000 self-assessment checklist; (2) an explanation of the Year 2000 computer problem and an identification of best practices for resolving the problem; (3) a list of Federal Government Year 2000 information resources; and (4) a list of Year 2000 compliant products provided by the General Services Administration. SEC. 10. CONSUMER AWARENESS. To ensure that the Nation's consumers are aware of and prepared to meet the Year 2000 computer problem challenge, the Under Secretary of Commerce for Technology, in consultation with the Consumer Product Safety Commission and the Federal Trade Commission, shall develop a Year 2000 consumer awareness program to assist the public in becoming aware of the implications of the Year 2000 computer problem. Such program shall include-- (1) the development of a Year 2000 self-assessment checklist; (2) a list of Federal Government Year 2000 computer problem information resources; (3) a list of Year 2000 compliant products provided by the General Services Administration; (4) a series of public awareness announcements or seminars on the impact of the Year 2000 computer problem on consumer products and services; and (5) a series of public awareness announcements or seminars on the potential effect that the Year 2000 computer problem could have on the provision of services by the Federal Government to the public, and the progress made in resolving the problem by the Federal agencies providing those services. Passed the House of Representatives October 13, 1998. Attest: Clerk.

Year 2000 Preparedness Act of 1998 - Directs the President to provide for the acceleration of the development of business continuity plans by Federal agencies to ensure the uninterrupted delivery by those agencies of critical mission-related services. (Sec. 4) Expresses the sense of the Congress that: (1) the President should aggressively promote Year 2000 date change awareness for information technology systems and sensitive infrastructure applications; (2) the President should authorize the Chair of the Year 2000 Conversion Council to take a leadership role in resolving Year 2000 (Y2K) issues of any critical Federal agency system that is in jeopardy of not meeting the January 1, 2000 deadline; (3) the Chair should work toward a national strategy to assure that the critical infrastructures and key sectors of the economy will be prepared for the Year 2000 date change; (4) the Chair is making a significant contribution to Y2K problem awareness by scheduling a National Y2K Action Week for October 19 through 23, 1998; (5) the Small Business Administration (SBA), the Department of Commerce, the Department of Agriculture, and other Federal agencies should undertake maximum efforts to assist American family businesses and farmers in assessing their exposure to the Y2K problem, undertaking necessary remedial steps, and formulating contingency plans; and (6) State and local governments, as well as private sector industry groups and companies, should participate in the effort to prepare the American economy for the year 2000. (Sec. 5) Provides for all Federal agency reports to OMB relating to the Y2K problem to be concurrently transmitted to the Congress, including all agency monthly submissions to the Office of Management and Budget (OMB). (Sec. 6) Directs the Chair to develop guidelines of best practices and standards for remediation and validation with respect to the Y2K problem to provide better direction for government and private sector efforts. (Sec. 7) Requires the Chair to submit to the Congress any national assessment of the Y2K problem conducted through or in conjunction with the Council covering all critical national infrastructures and key sectors of the economy. (Sec. 8) Requires the head of each Federal agency to ensure that all systems and hardware administered by the agency are Year 2000 compliant to ensure that no significant disruption of the agency's operations or data exchange partners occurs. Requires quarterly progress implementation reports to the Congress. (Sec. 9) Directs the National Institute of Standards and Technology, in conjunction with the SBA, to develop a Year 2000 compliance outreach program to assist small and medium-sized businesses with respect to the Y2K problem. (Sec. 10) Directs the Under Secretary of Commerce for Technology to develop a Year 2000 consumer awareness program to assist the public in becoming aware of the implications of the Y2K problem.

Year 2000 Preparedness Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nanotechnology Education Act''. SEC. 2. NANOTECHNOLOGY IN SCHOOLS. (a) Findings.--The Congress makes the following findings: (1) The rapidly growing field of nanotechnology is generating scientific and technological breakthroughs that will benefit society by improving the way many things are designed and made. (2) Nanotechnology is likely to have a significant, positive impact on the security, economic well-being, and health of Americans as fields related to nanotechnology expand. (3) In order to maximize the benefits of nanotechnology to individuals in the United States, the United States must maintain world leadership in the field, including nanoscience and microtechnology, in the face of determined competition from other nations. (4) According to the National Science Foundation, foreign students on temporary visas earned 33 percent of all science and engineering doctorates awarded in the United States in 2007, the last year for which data are available. Foreign students earned 63 percent of the engineering doctorates. (5) To maintain world leadership in nanotechnology, the United States must make a long-term investment in educating United States students in secondary schools and institutions of higher education, so that the students are able to conduct nanoscience research and develop and commercialize nanotechnology applications. (6) Preparing United States students for careers in nanotechnology, including nanoscience, requires that the students have access to the necessary scientific tools, including scanning electron microscopes designed for teaching, and requires training to enable teachers and professors to use those tools in the classroom and the laboratory. (b) Purpose.--The purpose of this section is to strengthen the capacity of United States secondary schools and institutions of higher education to prepare students for careers in nanotechnology by providing grants to those schools and institutions to provide the tools necessary for such preparation. (c) Definitions.--In this section: (1) Director.--The term ``Director'' means the Director of the National Science Foundation. (2) Eligible institution.--The term ``eligible institution'' means an institution that is-- (A) a public, private, parochial, or charter secondary school that offers 1 or more advanced placement science courses or international baccalaureate science courses; (B) a community college, as defined in section 3301 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7011); (C) a 4-year institution of higher education or a branch, within the meaning of section 498(j) of the Higher Education Act of 1965 (20 U.S.C. 1099c(j)), of such an institution; or (D) a informal learning science and technology center. (3) Qualified nanotechnology equipment.--The term ``qualified nanotechnology equipment'' means equipment, instrumentation, or hardware that is-- (A) used for teaching nanotechnology in the classroom; and (B) manufactured in the United States at least 50 percent from articles, materials, or supplies that are mined, produced, or manufactured, as the case may be, in the United States. (d) Program Authorized.-- (1) Program authorized.--The Director shall establish a nanotechnology in the schools program to strengthen the capacity of eligible institutions to provide instruction in nanotechnology. In carrying out the program, the Director shall award grants of not more than $400,000 to eligible institutions to provide such instruction. (2) Activities supported.-- (A) In general.--An eligible institution shall use a grant awarded under this section-- (i) to acquire qualified nanotechnology equipment and software designed for teaching students about nanotechnology in the classroom; (ii) to develop and provide educational services, including carrying out faculty development, to prepare students or faculty seeking a degree or certificate that is approved by the State, or a regional accrediting body recognized by the Secretary of Education; and (iii) to provide teacher education and certification to individuals who seek to acquire or enhance technology skills in order to use nanotechnology in the classroom or instructional process. (B) Limitations.-- (i) Uses.--Not more than \1/4\ of the amount of the funds made available through a grant awarded under this section may be used for software, educational services, or teacher education and certification as described in this paragraph. (ii) Programs.--In the case of a grant awarded under this section to an institution of higher education, equipment purchased using funds made available through the grant shall be used primarily by undergraduate programs. (3) Applications and selection.-- (A) In general.--To be eligible to receive a grant under this section, an eligible institution shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may reasonably require. (B) Procedure.--Not later than 180 days after the date of enactment of this Act, the Director shall establish a procedure for accepting such applications and publish an announcement of such procedure, including a statement regarding the availability of funds, in the Federal Register. (C) Selection.--In selecting eligible institutions to receive grants under this section, and encouraging eligible institutions to apply for such grants, the Director shall, to the greatest extent practicable-- (i) select eligible entities in geographically diverse locations; (ii) encourage the application of historically Black colleges and universities (meaning part B institutions, as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)) and minority institutions (as defined in section 365 of such Act (20 U.S.C. 1067k)); and (iii) select eligible institutions that include institutions located in States participating in the Experimental Program to Stimulate Competitive Research (commonly known as ``EPSCoR''). (4) Matching requirement and limitation.-- (A) In general.-- (i) Requirement.--The Director may not award a grant to an eligible institution under this section unless such institution agrees that, with respect to the costs to be incurred by the institution in carrying out the program for which the grant was awarded, such institution will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to \1/4\ of the amount of the grant. (ii) Waiver.--The Director shall waive the matching requirement described in clause (i) for any institution with no endowment, or an endowment that has a dollar value lower than $5,000,000, as of the date of the waiver. (B) Limitation.-- (i) Branches.--If a branch described in subsection (c)(1)(C) receives a grant under this section that exceeds $100,000, that branch shall not be eligible, until 2 years after the date of receipt of the grant, to receive another grant under this section. (ii) Other eligible institutions.--If an eligible institution other than a branch referred to in clause (i) receives a grant under this section that exceeds $100,000, that institution shall not be eligible, until 2 years after the date of receipt of the grant, to receive another grant under this section. (5) Annual report and evaluation.-- (A) Report by institutions.--Each institution that receives a grant under this section shall prepare and submit a report to the Director, not later than 1 year after the date of receipt of the grant, on its use of the grant funds. (B) Review and evaluation.-- (i) Review.--The Director shall annually review the reports submitted under subparagraph (A). (ii) Evaluation.--At the end of every third year, the Director shall evaluate the program authorized by this section on the basis of those reports. The Director, in the evaluation, shall describe the activities carried out by the institutions receiving grants under this section and shall assess the short-range and long-range impact of the activities carried out under the grants on the students, faculty, and staff of the institutions. (C) Report to congress.--Not later than 6 months after conducting an evaluation under subparagraph (B)(ii), the Director shall prepare and submit a report to Congress based on the evaluation. In the report, the Director shall include such recommendations, including recommendations concerning the continuing need for Federal support of the program carried out under this section, as may be appropriate. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Director to carry out this section $40,000,000 for fiscal year 2011, and such sums as may be necessary for fiscal years 2012 through 2014.

Nanotechnology Education Act - Requires the Director of the National Science Foundation (NSF) to establish a nanotechnology in the schools program awarding matching grants to certain eligible institutions for the purchase of nanotechnology equipment and software and the provision of nanotechnology education to students and teachers. Lists as eligible grantees: (1) public, private, parochial, and charter secondary schools that offer advanced or international baccalaureate science courses; (2) community colleges; (3) four-year institutions of higher education; and (4) informal learning science and technology centers.

To strengthen the capacity of eligible institutions to provide instruction in nanotechnology.

SECTION 1. EXPANDING ACCESS TO HOME DIALYSIS THERAPY. (a) Allowing Use of Telehealth for Monthly End Stage Renal Disease- Related Visits.-- (1) In general.--Paragraph (3) of section 1881(b) of the Social Security Act (42 U.S.C. 1395rr(b)) is amended-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (B) in clause (ii), as redesignated by subparagraph (A)-- (i) by inserting ``subject to subparagraph (B),'' before ``on a comprehensive''; and (ii) by striking ``under this subparagraph'' and inserting ``under this clause''; (C) by striking ``With respect to'' and inserting ``(A) With respect to''; and (D) by adding at the end the following new subparagraph: ``(B)(i) Subject to clause (ii), an individual who is determined to have end stage renal disease and who is receiving home dialysis may choose to receive monthly end stage renal disease-related visits, furnished on or after January 1, 2019, via telehealth. ``(ii) Clause (i) shall apply to an individual only if the individual receives a face-to-face visit, without the use of telehealth-- ``(I) in the case of the initial three months of home dialysis of such individual, at least monthly; and ``(II) after such initial three months, at least once every three consecutive months.''. (2) Conforming amendment.--Paragraph (1) of such section is amended by striking ``paragraph (3)(A)'' and inserting ``paragraph (3)(A)(i)''. (b) Expanding Originating Sites for Telehealth To Include Renal Dialysis Facilities and the Home for Purposes of Monthly End Stage Renal Disease-Related Visits.-- (1) In general.--Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended-- (A) in paragraph (4)(C)(ii), by adding at the end the following new subclauses: ``(IX) A renal dialysis facility, but only for purposes of section 1881(b)(3)(B). ``(X) The home of an individual, but only for purposes of section 1881(b)(3)(B).''; and (B) by adding at the end the following new paragraph: ``(5) Treatment of home dialysis monthly esrd-related visit.--The geographic requirements described in paragraph (4)(C)(i) shall not apply with respect to telehealth services furnished on or after January 1, 2019, for purposes of section 1881(b)(3)(B), at an originating site described in subclause (VI), (IX), or (X) of paragraph (4)(C)(ii)).''. (2) No facility fee if originating site for home dialysis therapy is the home.--Section 1834(m)(2)(B) of the Social Security (42 U.S.C. 1395m(m)(2)(B)) is amended-- (A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and by indenting each of such subclauses 2 ems to the right; (B) in subclause (II), as redesignated by subparagraph (A), by striking ``clause (i) or this clause'' and inserting ``subclause (I) or this subclause''; (C) by striking ``site.--With respect to'' and inserting ``site.-- ``(i) In general.--Subject to clause (ii), with respect to''; and (D) by adding at the end the following new clause: ``(ii) No facility fee if originating site for home dialysis therapy is the home.--No facility fee shall be paid under this subparagraph to an originating site described in subclause (X) of paragraph (4)(C)(ii).''. (c) Clarification Regarding Telehealth Provided to Beneficiaries.-- Section 1128A(i)(6) of the Social Security Act (42 U.S.C. 1320a- 7a(i)(6)) is amended-- (1) in subparagraph (H), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (I), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(J) the provision of telehealth on or after January 1, 2019, to individuals with end stage renal disease under title XVIII by a health care provider for the purpose of furnishing of telehealth.''. (d) Study and Report on Further Expansion.-- (1) Study.--The Comptroller General of the United States shall conduct a study to examine the benefits and drawbacks of expanding the coverage under the Medicare program under title XVIII of the Social Security Act of renal dialysis services as telehealth services, pursuant to the amendments made by this section, to include coverage of renal dialysis services furnished via telehealth and other store-and-forward technologies. (2) Report.--Not later than two years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the study conducted under paragraph (1).

This bill amends title XVIII (Medicare) of the Social Security Act to allow a Medicare beneficiary who has end-stage renal disease (ESRD) and is receiving home dialysis to receive monthly ESRD-related visits via telehealth, provided that the beneficiary also receives face-to-face visits periodically. Specified facility fees and geographic requirements shall not apply with respect to the provision of such services via telehealth. The Government Accountability Office must study and report to Congress on the further expansion of Medicare coverage of renal dialysis services furnished via telehealth.

To amend title XVIII of the Social Security Act to expand access to home dialysis therapy.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Nurse And Patient Safety & Protection Act of 2006''. (b) Findings.--Congress finds the following: (1) Direct-care registered nurses rank 10th among all occupations for musculoskeletal disorders, sustaining injuries at a higher rate than laborers, movers, and truck drivers. In 2004, nurses sustained 8,800 musculoskeletal disorders, most of which (over 7,000) were back injuries. The leading cause of these injuries in health care are the result of patient lifting, transferring, and repositioning injuries. (2) The physical demands of the nursing profession lead many nurses to leave the profession. Fifty two percent of nurses complain of chronic back pain and 38 percent suffer from pain severe enough to require leave from work. Many nurses and other health care providers suffering back injury do not return to work. (3) Patients are not at optimum levels of safety while being lifted, transferred, or repositioned manually. Mechanical lift programs can substantially reduce skin tears suffered by patients, allowing patients a safer means to progress through their care. (4) The development of assistive patient handling equipment and devices has essentially rendered the act of strict manual patient handling unnecessary as a function of nursing care. (5) Application of assistive patient handling technology fulfills an ergonomic approach within the nursing practice by designing and fitting the job or workplace to match the capabilities and limitations of the human body. (6) A growing number of health care facilities have incorporated patient handling technology and have reported positive results. Injuries among nursing staff have dramatically declined since implementing patient handling equipment and devices. As a result, the number of lost work days due to injury and staff turnover has declined. Cost- benefit analyses have also shown that assistive patient handling technology successfully reduces workers' compensation costs for musculoskeletal disorders. (7) Establishing a safe patient handling standard for direct-care registered nurses and other health care providers is a critical component in increasing patient safety, protecting nurses, and addressing the nursing shortage. SEC. 2. FEDERAL SAFE PATIENT HANDLING STANDARD. Not later than 1 year after the date of the enactment of this title, the Secretary of Labor, acting through the Director of Occupational Safety and Health Administration, shall establish a Federal Safe Patient Handling Standard to prevent musculoskeletal disorders for direct-care registered nurses and other health care providers working in health care facilities. This standard shall require the elimination of manual lifting of patients by direct-care registered nurses and other health care providers, through the use of mechanical devices, except during a declared state of emergency. The standard shall include a musculoskeletal injury prevention plan, which will include hazard identification and risk assessments in relation to patient care duties and patient handling. The standard shall require: (1) all health care facilities comply with the standard; (2) health care facilities to purchase, use, and maintain safe lift mechanical devices; (3) input from direct-care registered nurses and organizations representing direct-care registered nurses in implementing the standard; (4) a program to identify problems and solutions regarding safe patient handling; (5) a system to report, track, and analyze trends in injuries, as well as make injury data available to the public; (6) training for staff on safe patient handling policies, equipment, and devices at least on an annual basis. Training will also include hazard identification, assessment and control of musculoskeletal hazards in patient care areas, this would include interactive classroom based and hands on training by a knowledgeable person or staff; and (7) annual evaluations of safe patient handling efforts, as well as new technology, handling procedures, and engineering controls. Documentation of this process shall include equipment selection and evaluation. SEC. 3. REQUIREMENT FOR HEALTH CARE FACILITIES. (a) Safe Patient Handling Plan.--In accordance with the standard required under section 2, and not later than 6 months after such standard is published, health care facilities shall develop and implement a safe patient handling plan that-- (1) provides adequate, appropriate, and quality delivery of health care services that protects patient safety and prevents musculoskeletal disorders for direct-care registered nurses and other health care providers; (2) is consistent with the requirements of the Federal Safe Patient Handling Standard (as established in section 2); (3) provides for input by direct-care registered nurses and organizations representing direct-care registered nurses in implementing the plan; and (4) ensures that safe lifting mechanical devices shall only be used by direct care registered nurses and other health care providers. (b) Posting, Records, and Auditing.-- (1) Posting requirements.--Not later than 6 months after the standard required under section 2 is published, a health care facility shall post, in each unit of the facility, a uniform notice in a form specified by the Secretary in regulation that-- (A) explains the Federal Safe Patient Handling Standard issued under section 2; (B) includes information regarding safe patient handling polices and training; and (C) explains procedure to report patient handling- related injuries. (2) Audits.--The Secretary shall require the Occupational Safety and Health Administration to conduct unscheduled audits to ensure-- (A) implementation of the safe patient handling plan in accordance with this title; and (B) compliance with reporting and reviewing findings for continual improvements to the safe patient handling plan. SEC. 4. PROTECTION OF DIRECT-CARE REGISTERED NURSES AND OTHER INDIVIDUALS. (a) Refusal of Assignment.--A direct-care registered nurse or other health care provider may refuse to accept an assignment in a health care facility if-- (1) the assignment would violate the standard establish under section 2; or (2) the direct-care registered nurse or other health care provider is not prepared by education, training, or experience to fulfill the assignment without compromising the safety of any patient or jeopardizing the license of the nurse. (b) Retaliation for Refusal of Assignment Barred.-- (1) No discharge, discrimination, or retaliation.--No health care facility shall discharge, discriminate, or retaliate in any manner with respect to any aspect of employment, including discharge, promotion, compensation, or terms, conditions, or privileges of employment, against a direct-care registered nurse or other health care provider based on his or her refusal of a work assignment under subsection (a). (2) No filing of complaint.--No health care facility shall file a complaint or a report against a direct-care registered nurse or other health care provider with the appropriate State professional disciplinary agency because of his or her refusal of a work assignment under subsection (a). (c) Complaint to Secretary.--A direct-care registered nurse, health care provider, or other individual may file a complaint with the Secretary against a health care facility that violates this Act or a standard established under this Act. For any complaint filed, the Secretary shall-- (1) receive and investigate the complaint; (2) determine whether a violation of this Act as alleged in the complaint has occurred; and (3) if such a violation has occurred, issue an order that the complaining direct-care registered nurse, health care provider, or other individual shall not suffer any retaliation under subsection (b) or under subsection (d). (d) Whistleblower Protection.-- (1) Retaliation barred.--A health care facility shall not discriminate or retaliate in any manner with respect to any aspect of employment, including hiring, discharge, promotion, compensation, or terms, conditions, or privileges of employment against any individual who in good faith, individually or in conjunction with another person or persons-- (A) reports a violation or a suspected violation of this Act or the standard established under this Act to the Secretary, a public regulatory agency, a private accreditation body, or the management personnel of the health care facility; (B) initiates, cooperates, or otherwise participates in an investigation or proceeding brought by the Secretary, a public regulatory agency, or a private accreditation body concerning matters covered by this Act; or (C) informs or discusses with other individuals or with representatives of health care facility employees a violation or suspected violation of this Act. (2) Good faith defined.--For purposes of this subsection, an individual shall be deemed to be acting in good faith if the individual reasonably believes-- (A) the information reported or disclosed is true; and (B) a violation of this Act or the standard established under this Act has occurred or may occur. (e) Cause of Action.--Any direct-care registered nurse or other health care provider who has been discharged, discriminated, or retaliated against in violation of subsection (b)(1) or (d), or against whom a complaint has been filed in violation of subsection (b)(2), may bring a cause of action in a United States district court. A direct- care registered nurse or other health care provider who prevails on the cause of action shall be entitled to one or more of the following: (1) Reinstatement. (2) Reimbursement of lost wages, compensation, and benefits. (3) Attorneys' fees. (4) Court costs. (5) Other damages. (f) Notice.--A health care facility shall include in the notice required under section 3(b) an explanation of the rights of direct-care registered nurses, health care providers, and other individuals under this section and a statement that a direct-care registered nurse, health care provider, or other individual may file a complaint with the Secretary against a health care facility that violates the standard issued under section 2, including instructions for how to file such a complaint. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Direct-care registered nurse.--The term ``direct care registered nurse'' means an individual who has been granted a license by at least 1 State to practice as a registered nurse and who provides bedside care or outpatient services for 1 or more patients. (2) Health care provider.--The term ``health care provider'' means any person required by State or Federal laws or regulations to be licensed, registered, or certified to provide health care services, and being either so licensed, registered, or certified, or exempted from such requirement by other statute or regulation. (3) Employment.--The term ``employment'' includes the provision of services under a contract or other arrangement. (4) Health care facility.--The term ``health care facility'' means an outpatient health care facility, hospital, nursing home, home health care agency, hospice, federally qualified health center, nurse managed health center, rural health clinic, or any similar healthcare facility that employs direct-care registered nurses. (5) Declared state of emergency.--The term ``declared state of emergency'' means an officially designated state of emergency that has been declared by the Federal Government or the head of the appropriate State or local governmental agency having authority to declare that the State, county, municipality, or locality is in a state of emergency, but does not include a state of emergency that results from a labor dispute in the health care industry or consistent under staffing. SEC. 6. FINANCIAL ASSISTANCE TO NEEDY HEALTH CARE FACILITIES IN THE PURCHASE OF SAFE PATIENT HANDLING EQUIPMENT. (a) In General.--The Secretary of Health and Human Services shall establish a grant program that provides financial assistance to cover some or all of the costs of purchasing safe patient handling equipment for health care facilities, such as hospitals, nursing facilities, and outpatient facilities, that-- (1) require the use of such equipment in order to comply with the standards established under section 2; but (2) demonstrate the financial inability to otherwise afford the purchase of such equipment are provided grants for some or all of the cost of purchasing such equipment. (b) Application.--No financial assistance shall be provided under this section except pursuant to an application made to the Secretary in such form and manner as the Secretary shall specify. The Secretary shall establish a fair standard whereby the facility must clearly demonstrate true financial need in order to establish eligibility for the grant program. (c) Authorization of Appropriations.--There are authorized to be appropriated for financial assistance under this section $50,000,000, which shall remain available until expended.

Nurse and Patient Safety & Protection Act of 2006 - Requires the Secretary of Labor, acting through the Director of Occupational Safety and Health Administration, to establish a Federal Safe Patient Handling Standard to prevent musculoskeletal disorders for direct-care registered nurses and other health care providers working in health care facilities by requiring the elimination of manual lifting of patients through the use of mechanical devices, except during a declared state of emergency. Requires health care facilities to: (1) develop and implement a safe patient handling plan consistent with such standard; and (2) post a uniform notice that explains the standard and the procedures to report patient handling-related injuries. Requires the Secretary to direct the Occupational Safety and Health Administration to conduct audits of plan implementation and compliance. Authorizes health care providers to: (1) refuse to accept an assignment in a health care facility if the assignment would violate the standard or if such provider is not prepared to fulfill the assignment without compromising the patient safety or jeopardizing the provider's license; and (2) file complaints against facilities that violate this Act. Requires the Secretary to investigate complaints and to prohibit retaliation if violations occur. Prohibits health care facilities from retaliating with respect to employment against providers for such refusal or against any individual who in good faith reports a violation, participates in an investigation or proceeding, or discusses violations. Authorizes health care providers who have been retaliated against in violation of this Act to bring a cause of action in a U.S. district court. Entitles providers that prevail to reinstatement, reimbursement of lost compensation, attorneys' fees, court costs, and/or other damages. Requires the Secretary of Health and Human Services to establish a grant program for purchasing safe patient handling equipment for health care facilities.

To amend the Occupational Safety and Health Act of 1970 to reduce injuries to patients, direct-care registered nurses, and other health care providers by establishing a safe patient handling standard.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Reinvestment and Recovery Act''. SEC. 2. ESTABLISHMENT OF GRANT PROGRAM. (a) Establishment.--The Secretary of Defense shall establish a program to make grants under this Act to assist local communities in recovering from the adverse economic impact of the closure or major realignment of a military installation under a base closure law. (b) Determinations of Grant Eligibility.--Within 180 days after the date on which a closure or realignment announcement is made with regard to a military installation under a base closure law, the Secretary shall determine the unit or units of local government of communities adjacent to the installation that are eligible to receive a grant under this Act. In the case of military installations already announced for closure or realignment, the Secretary shall make the determinations required by this subsection within 180 days after the effective date of this Act. (c) Provision of Assistance.--A grant under this section shall be made by the Secretary through existing Federal programs. The Secretary may use the grant to supplement funds made available under other Federal programs and may provide financial assistance to eligible local governments determined under subsection (b) to assist such governments to pay their share of the costs under such programs. (d) Cooperation.--The heads of all departments and agencies of the Federal Government shall cooperate fully with the Secretary in carrying out subsection (c). The heads of such departments and agencies shall give priority attention to applications from eligible local governments determined under subsection (b) for priority funding under assistance programs within their annual agency appropriations. SEC. 3. ECONOMIC RECOVERY PLAN. (a) Plan Required.--To be eligible for a grant under section 2, an eligible local government determined under subsection (b) of such section shall submit to the Secretary a comprehensive local economic recovery plan developed by the local government. Such plan shall describe the steps being taken or planned to be taken by the local community to recover from the adverse economic impact of the closure or major realignment and shall include a detailed description of the programs for which the grant will be used. (b) Evaluation.--For the plan to be approved and assistance provided under section 2(c), the Secretary must find that the proposed use of the grant funds will-- (1) improve opportunities for the establishment or expansion of industrial or commercial activity in the community; (2) create new jobs in the community; or (3) otherwise alleviate specific economic problems in the community which limit the effective economic recovery from the closure or major realignment. (c) Submission of Application.--Eligible local governments may submit an application or applications to the Secretary through the cooperating departments and agencies under section 2(c) at any time after the date on which the Secretary determines under section 2(b) that the local government is eligible for assistance. (d) Review.--The Secretary shall review and act upon applications submitted by an eligible local government within 90 days of the date of submission. SEC. 4. AMOUNT OF FUNDS. (a) Amount of Funds Available.--The amount of funds to be made available as grants under section 2 with respect to the closure or major realignment of a military installation shall be equal to 10 percent of the total projected savings to be realized by the Department of Defense in the first 10 years after the closure or major realignment of the installation as a result of the closure or realignment. The amount of the projected savings shall be determined by the Secretary as soon as possible after the date of the announcement of the closure or realignment. (b) Funding Requests.--The Secretary shall submit to the Congress annually such budgetary requests for funds to make grants under section 2 as may be necessary. Such requests shall be made separate from the normal appropriation requests of the Department of Defense. SEC. 5. ANNUAL REPORTS. (a) Reports From Grant Recipients.--Any unit of local government receiving a grant under section 2 for any fiscal year shall, not later than 90 days before the end of such fiscal year, submit a report to the Secretary concerning the progress of the local community in recovering from the effects of the closure or major realignment and the purposes for which grant money received under section 2 was used during such fiscal year. The report shall include-- (1) a revision of the comprehensive local economic recovery plan originally submitted under section 3; and (2) a statement of all expenditures of grant money received under section 2 during such fiscal year. (b) Evaluation of Reports.--If the Secretary finds that a report submitted under subsection (a) for any fiscal year discloses that the use during such fiscal year of grant money received under section 2 by the unit of local government submitting such report was not consistent with the purposes of this Act, the Secretary may suspend any remaining grant payments and terminate grant application eligibility under this Act to such unit of local government until the Secretary receives satisfactory assurances that the use of such grant money in the future will be consistent with the purposes of this Act. SEC. 6. REGULATIONS. The Secretary shall prescribe general regulations covering the eligibility of units of local government for grants under section 2, the order of priority in approving applications, the terms and conditions for approving applications, determinations of the amounts of grants, and such other regulations as the Secretary considers to be necessary to carry out this Act. SEC. 7. DEFINITIONS. For purposes of this Act: (1) The term ``military installation'' means any camp, post, station, fort, base, yard, facility, or other installation under the authority of the Department of Defense-- (A) which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, or Guam; and (B) at which there are authorized to be employed not less than 500 direct-hire or contracted permanent civilian employees of the Department of Defense or at which the total military and civilian personnel loss constitutes more than 2 percent of the total military and civilian work force for the impacted area. (2) The terms ``unit of local government'' and ``local government'' mean-- (A) a general purpose unit of local government; or (B) an entity established by a State, general purpose unit of local government, or combination of general purpose units of local government for the purposes of achieving economic recovery in an area adversely affected by the closure or realignment of a military installation. (3) The term ``base closure law'' means each of the following: (A) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). (B) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this Act. The funds appropriated pursuant to this section shall be available for a period not to exceed 10 years. SEC. 9. EFFECTIVE DATE. (a) Effective Date.--This Act shall take effect on October 1, 1993. (b) Applicability.--This Act shall apply with respect to those military installations selected to be closed or realigned under the base closure laws before, on, or after the effective date of this Act.

Community Reinvestment and Recovery Act - Directs the Secretary of Defense to establish a program to make grants to assist local communities in recovering from the adverse economic impact of the closure or major realignment of a military installation under a base closure law. Requires a local government, in order to be eligible for such grant, to submit to the Secretary: (1) a comprehensive local economic recovery plan; and (2) an annual report concerning such community's progress in recovering from the effects of such closure or realignment. Provides that the amount of funds available for such grants with respect to the closure or realignment of a military installation shall equal ten percent of the total projected savings by the Department of Defense as a result of such action over the following ten years. Authorizes appropriations.

Community Reinvestment and Recovery Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Asian Elephant Conservation Reauthorization Act of 2002''. SEC. 2. REAUTHORIZATION OF ASIAN ELEPHANT CONSERVATION ACT OF 1997. Section 7 of the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4266) is amended by striking ``1998'' and all that follows through ``2002'' and inserting ``2001, 2002, 2003, 2004, 2005, 2006, and 2007''. SEC. 3. LIMITATION ON ADMINISTRATIVE EXPENSES. Section 7 of the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4266) is further amended-- (1) by striking ``There are authorized'' and inserting ``(a) In General.--There is authorized''; and (2) by adding at the end the following: ``(b) Administrative Expenses.--Of amounts available each fiscal year to carry out this Act, the Secretary may expend not more than 3 percent or $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act.''. SEC. 4. COOPERATION. The Asian Elephant Conservation Act of 1997 is further amended by redesignating section 7 (16 U.S.C. 4266) as section 8, and by inserting after section 6 the following: ``SEC. 7. ADVISORY GROUP. ``(a) In General.--To assist in carrying out this Act, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of Asian elephants. ``(b) Public Participation.-- ``(1) Meetings.--The Advisory Group shall-- ``(A) ensure that each meeting of the advisory group is open to the public; and ``(B) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda. ``(2) Notice.--The Secretary shall provide to the public timely notice of each meeting of the advisory group. ``(3) Minutes.--Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. ``(c) Exemption From Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group.''. SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. (a) Conforming Amendments.--The Asian Elephant Conservation Act of 1997 is amended as follows: (1) Section 4(3) (16 U.S.C. 4263(3)) is amended by striking ``the Asian Elephant Conservation Fund established under section 6(a)'' and inserting ``the account established by division A, section 101(e), title I of Public Law 105-277 under the heading `multinational species conservation fund'''. (2) Section 6 (16 U.S.C. 4265) is amended by striking the section heading and all that follows through ``(d) Acceptance and Use of Donations.--'' and inserting the following: ``SEC. 6. ACCEPTANCE AND USE OF DONATIONS.''. (b) Technical Corrections.-- (1) The matter under the heading ``multinational species conservation fund'' in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 4246; 112 Stat. 2681-237), is amended-- (A) by striking ``section 5304 of'' and all that follows through ``section 6 of the Asian Elephant Conservation Act of 1997'' and inserting ``section 5 of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5304), part I of the African Elephant Conservation Act (16 U.S.C. 4211 et seq.), and section 5 of the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4264)''; (B) by striking ``16 U.S.C. 4224'' and inserting ``section 2204 of the African Elephant Conservation Act (16 U.S.C. 4224)''; (C) by striking ``16 U.S.C. 4225'' and inserting ``section 2205 of the African Elephant Conservation Act (16 U.S.C. 4225)''; and (D) by striking ``16 U.S.C. 4211'' and inserting ``section 2101 of the African Elephant Conservation Act (16 U.S.C. 4211)''. (2) Effective on the day after the date of enactment of the African Elephant Conservation Reauthorization Act of 2001 (107th Congress)-- (A) section 2104(a) of the African Elephant Conservation Act is amended by striking ``this Act'' and inserting ``this title''; and (B) section 2306(b) of the African Elephant Conservation Act (16 U.S.C. 4245(b)) is amended by striking ``this Act'' each place it appears and inserting ``this title''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL FISH AND WILDLIFE FOUNDATION. Section 10(a)(1) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3709(a)(1)) is amended-- (1) by striking ``2003'' and inserting ``2005''; and (2) in subparagraph (A), by striking ``$20,000,000'' and inserting ``$25,000,000''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Asian Elephant Conservation Reauthorization Act of 2001 - Amends the Asian Elephant Conservation Act of 1997 to authorize appropriations to the Multinational Species Conservation Fund through FY 2007 to carry out such Act. Limits the amount that the Secretary of the Interior may expend each fiscal year to pay administrative expenses.Authorizes the Secretary to convene an advisory group of individuals representing public and private organizations actively involved in the conservation of Asian elephants to assist in carrying out such Act.Amends the National Fish and Wildlife Foundation Establishment Act to authorize appropriations, and to increase the amount authorized for the Department of the Interior for each fiscal year, to carry out such Act through FY 2005.

To reauthorize the Asian Elephant Conservation Act of 1997.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cooking Helps Elevate Futures Act'' or the ``CHEF Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) In 2008, according to the Bureau of Justice Statistics, the United States had more individuals in prison than any other developed nation, with more than 2,000,000 individuals incarcerated. (2) Each year, more than 650,000 inmates are released from State and Federal prisons after completing their sentences and such inmates return to living and participating in society in communities across the United States. (3) There are many impediments affecting the successful reentry of inmates into society, including the lack of marketable job skills and the overall risk of recidivism. (4) Because many inmates are not prepared for reentry into society and lack access to certain services and networks of support, the recidivism rate for inmates in the first year after release from prison is 44.1 percent, increasing to 67.5 percent in the first 3 years after release. (5) According to a 12-year study conducted by the Federal Bureau of Prisons, job skills, experience, and training obtained through prison work programs or vocational training programs have a positive effect on post release employment and recidivism, increasing the likelihood that Federal inmates will successfully reintegrate into the community following their release from Federal prison. (6) Such study revealed that Federal inmates who participated in vocational training programs were 24 percent less likely to recidivate and 14 percent more likely to be employed at the end of the 12-month period following their release from prison than such inmates who did not participate in such training programs. (7) Culinary training is an effective strategy for increasing employment rates among former inmates because of the high demand for employment in the food service industry. In 2008, according to the Bureau of Labor Statistics, there were 546,300 privately owned food service and drinking places in the Unites States, offering over 1,564,000 culinary positions. SEC. 3. ESTABLISHMENT OF PILOT PROGRAM. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Attorney General shall establish a pilot program-- (1) to provide training and certification in the culinary arts for Federal inmates in order to provide such inmates with marketable employment skills; and (2) to provide such inmates with job placement assistance after their release from a Federal correctional facility. (b) Facilities Selected.-- (1) In general.--The Attorney General shall select 10 different Federal correctional facilities located in different regions of the continental United States to participate in the pilot program. (2) Considerations.--In selecting Federal correctional facilities under paragraph (1), the Attorney General shall take into consideration for each State-- (A) percentage of the State's population that are Federal inmates; (B) the recidivism rate of such inmates; and (C) the unemployment rate of such inmates after release from a Federal correctional facility. (3) Definition.--In paragraph (1), the term ``continental United States'' means a State (other than Alaska and Hawaii) and the District of Columbia. SEC. 4. ELIGIBILITY. The Attorney General, in consultation with the Director of the Federal Bureau of Prisons, shall prescribe regulations that establish eligibility requirements for Federal inmates to participate in the pilot program. SEC. 5. CONTRACTS. The Attorney General may enter into contracts with entities to provide culinary training and job placement assistance for Federal inmates participating in the pilot program. SEC. 6. REPORT. Not later than 120 days after the conclusion of the pilot program, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report that details-- (1) the number of Federal inmates who participated in, completed, and received a certification under the program; (2) the number of such inmates who were successfully placed in jobs once they were released from a Federal correctional facility; (3) the length of time it took for such inmates to find employment upon release from such a facility; (4) the length of time that such inmates have been employed by a particular employer since they were released from such a facility; (5) the rate of recidivism of such inmates; and (6) the number of disciplinary incidents such inmates were involved in while incarcerated and participating in the program as compared to the number of such incidents that occurred involving inmates who did not participate in the program. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary for each of the fiscal years 2012 through 2017 to carry out the pilot program.

Cooking Helps Elevate Futures Act or CHEF Act - Directs the Attorney General to establish a pilot program providing federal inmates with training and certification in the culinary arts, and job placement assistance after their release from custody. Directs the Attorney General to select ten different federal correctional facilities in different regions of the continental United States to participate in the program.

To establish a pilot program to provide training and certification in the culinary arts for Federal inmates to be utilized during the normal inmate meals process and to be accredited for future employment and educational opportunities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban Environmental Initiative Act''. SEC. 2. EPA STUDIES. (a) Study of State Health-Based Cleanup Laws.-- (1) Study.--The Administrator shall conduct a study of State laws and standards that are based on health for the cleanup of sites at which any hazardous substance was released or disposed of. In conducting the study, the Administrator shall consider reports prepared by the Association of State Territorial Solid Waste Management Officials and the Environmental Law Institute. (2) Recommendations to states.--As part of the study, the Administrator shall make recommendations to the States on health-based cleanup standards. Such recommendations shall include guidance to the States on the development of health- based standards for sites located in urban areas which are more or less restrictive depending on the future use of the site. Such guidance shall address the issue of whether facilities to be used for parking lots, warehouses, industrial parks, or other similar purposes need to be cleaned up as extensively as sites to be used for residential and retail purposes. In developing the guidance, the Administrator shall consider programs in Michigan that place different restrictions on different kinds of development at sites. The guidance also shall encourage States to place restrictions on future uses of sites to those uses which are consistent with whatever health- based standards are applied at the sites. (3) Report to congress.--The Administrator shall submit to Congress a report on the study and the recommendations to States not later than 12 months after the date of the enactment of this Act. (b) Study on State Property Transfer Laws.-- (1) Study.--The Administrator shall conduct a study on property transfer laws of the States to evaluate such laws and assess the merits of such laws. In conducting the study, the Administrator shall address the issue of whether such laws promote better land management practices, whether such laws help locate sites on which hazardous substances have been released or disposed of, and whether such laws provide better protection for the buyer. (2) Recommendations to states.--As part of the study, the Administrator shall make recommendations to the States on property transfer laws. (3) Report to congress.--The Administrator shall submit to Congress a report on the study not later than 12 months after the date of the enactment of this Act. SEC. 3. EPA SUPERFUND INVENTORY DATA BASE. (a) Requirement.--The Administrator shall establish and maintain in a computer data base a national superfund site inventory. The data shall be available by computer at local libraries. (b) Information To Be Included.--The data to be made available in the data base shall include information on any Federal action at a site or facility at which a hazardous substance was released or disposed of. Such information shall indicate, at a minimum, whether the Environmental Protection Agency has conducted a preliminary site evaluation with respect to each site listed in the inventory, whether further Federal action has been determined to be warranted, and whether the site is on the National Priorities List. SEC. 4. SPECIAL SUPERFUND PROGRAM FOR TARGETED INDUSTRIAL SITES. (a) Targeted Sites.--For purposes of this section, the Administrator shall prepare a list of superfund sites located in urban areas that would be suitable for economic development. Such sites shall be referred to in this section as ``targeted sites''. (b) Pilot Study of Use of Innovative Technology.--Not later than one year after the date of the enactment of this Act, the Administrator shall develop and begin to carry out a pilot study of the effectiveness of innovative and cost effective technologies for conducting response actions at targeted sites. The Administrator shall include in the pilot study only those targeted sites that are vacant and not likely to be used in the near future. (c) Covenant Not To Sue for Sites Purchased for Economic Development.--(1) Subject to paragraphs (2) and (3), in any case in which a person, including a city, purchases a targeted site for the purpose of economic development, the Administrator may provide a covenant not to sue such person concerning any liability to the United States under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, including future liability, resulting from a release or threatened release of a hazardous substance at such site. Any such covenant not to sue shall not apply with respect to any release or threatened release which is caused by conduct of the person which is negligent. (2) A covenant not to sue with respect to a site shall not take effect under paragraph (1) unless the person enters into an agreement with the Administrator to complete remedial action at the site in accordance with the National Contingency Plan. (3) A covenant not to sue a person concerning future liability to the United States under paragraph (1) shall include an exception to the covenant that allows the Administrator to sue such person concerning future liability resulting from the release or threatened release that is the subject of the covenant where such liability arises out of conditions which are unknown at the time the Administrator enters into an agreement under paragraph (2) with respect to completion of remedial action at the site concerned. (d) Preference for Cleanup at Targeted Sites.--In determining which sites to give priority for response action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Administrator shall give preference to targeted sites that are located in the most populous areas, pose the greatest threat to human health, and have the greatest potential for economic development. SEC. 5. EXPEDITED DECISIONS ON SUPERFUND SITES IN CERTAIN DISTRESSED CITIES. (a) Right to Petition.--Any city within whose jurisdiction is located a targeted site (contained on the list prepared pursuant to section 4(a)) may petition the Administrator for an expedited decision on whether a targeted site within the city will be placed on the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. (b) Requirements.--After a city submits a petition under subsection (a) with respect to a site, the Administrator shall require the owner or other potentially responsible party at the site concerned to prepare, in consultation with the Environmental Protection Agency, a preliminary assessment and evaluation of the site. Not later than 12 months after such assessment and evaluation are completed, the Administrator shall review the assessment and evaluation and determine whether the site should be placed on the National Priorities List. If the Administrator determines the site should not be placed on the List, the Administrator shall issue a certificate stating that the site is not a Superfund site. SEC. 6. AMENDMENTS TO SUPERFUND PERTAINING TO INNOCENT LANDOWNER DEFENSE. Section 101(35) of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601 et seq.) is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively and inserting after subparagraph (B), the following: ``(C)(i) The Administrator shall establish guidelines defining the actions that are necessary to fulfill the requirement to undertake all appropriate inquiry for purposes of subparagraph (B). At a minimum, `all appropriate inquiry' means an investigation of the real property, conducted by environmental professionals, to determine or discover the obviousness of the presence or likely presence of a release or threatened release of hazardous substances on the real property and which consists of a review of each of the following sources of information concerning the previous ownership and uses of the real property: ``(I) Recorded chain of title documents regarding the real property, including all deeds, easements, leases, restrictions, and covenants for a period of 50 years. ``(II) Aerial photographs which may reflect prior uses of the real property and which are reasonably obtainable through State or local government agencies. ``(III) Determination of the existence of recorded environmental cleanup liens against the real property which have arisen pursuant to Federal, State, and local statutes. ``(IV) Reasonably obtainable Federal, State, and local government records of sites or facilities where there has been a release of hazardous substances and which are likely to cause or contribute to a release or threatened release of hazardous substances on the real property, including investigation reports for such sites or facilities; reasonably obtainable Federal, State, and local government environmental records of activities likely to cause or contribute to a release or a threatened release of hazardous substances on the real property, including landfill and other disposal location records, underground storage tank records, hazardous waste handler and generator records and spill reporting records; and such other reasonably obtainable Federal, State, and local government environmental records which report incidents or activities which are likely to cause or contribute to a release or threatened release of hazardous substances on the real property. In order to be deemed `reasonably obtainable' within the meaning of this subclause, a copy or reasonable facsimile of the record must be obtainable from the government agency by request. ``(V) A visual site inspection of the real property and all facilities and improvements on the real property, and a visual inspection of immediately adjacent properties from the real property, including an investigation of any chemical use, storage, treatment and disposal practices on the property. ``(ii) For purposes of this subparagraph, the term `environmental professional' means an individual, or an entity managed or controlled by such individual who, through academic training, occupational experience and reputation (such as engineers, environmental consultants and attorneys), can objectively conduct one or more aspects of the investigation described in clause (i). ``(iii) In establishing the guidelines under this subparagraph, the Administrator shall consider any discussions of the American Society for Testing and Materials.''. SEC. 7. ASSISTANCE TO STATES. The Administrator may provide technical and financial assistance to States for carrying out activities associated with the implementation of the provisions of this Act and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. SEC. 8. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) The term ``hazardous substance'' has the meaning given that term by section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. (3) The term ``release'' has the meaning given that term by section 101(22) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. SEC. 9. AUTHORIZATION. There is authorized to be appropriated to the Administrator the sum of $5,000,000 for fiscal year 1993, $10,000,000 for fiscal year 1994, and $20,000,000 for each of fiscal years 1995, 1996, and 1997 to carry out the requirements of this Act and the amendments made by this Act, including assistance to States under section 7.

Urban Environmental Initiative Act - Directs the Administrator of the Environmental Protection Agency to: (1) report to the Congress on health-based State laws and standards for the cleanup of sites at which hazardous substances were released or disposed; and (2) make recommendations to States on such standards, including guidance on the development of standards for sites in urban areas. Requires the Administrator to report to the Congress on State property transfer laws and whether such laws: (1) promote better land management practices; (2) help locate sites on which hazardous substances have been released or disposed; and (3) provide better protection for the buyer. Directs the Administrator to establish a computer data base that contains a national Superfund site inventory and includes information on any Federal action at a site or facility at which a hazardous substance was released or disposed. Requires the Administrator to: (1) prepare a list of Superfund sites located in urban areas that would be suitable for economic development ("targeted sites"); and (2) carry out a study of the effectiveness of technologies for conducting response actions at targeted sites. Authorizes the Administrator, in any case in which a person purchases a targeted site for purposes of economic development, to provide a covenant not to sue such person under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for a release or threatened release of a hazardous substance at such site. Requires such covenants to: (1) not take effect unless the person enters into an agreement to complete remedial action at the site; and (2) include an exception that allows the Administrator to sue for future liability where such liability arises out of conditions unknown at the time the Administrator enters into a remedial action agreement. Directs the Administrator, in determining which sites to give priority for response action under CERCLA, to give preference to targeted sites that are located in the most populous areas, pose the greatest threat to human health, and have the greatest potential for economic development. Authorizes the Administrator to provide technical and financial assistance to States for implementing this Act and CERCLA. Authorizes appropriations.

Urban Environmental Initiative Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Procurement Program Equalization Act of 2013''. SEC. 2. WOMEN'S PROCUREMENT PROGRAM EQUALIZATION. Section 8(m) of the Small Business Act (15 U.S.C. 637(m)) is amended-- (1) in paragraph (2), so that subparagraph (E) reads as follows: ``(E) each of the concerns-- ``(i) is certified by a Federal agency, a State government, or a national certifying entity approved by the Administrator, as a small business concern owned and controlled by women; or ``(ii) is certified by the Administrator as a small business concern owned and controlled by women.''; and (2) by adding at the end the following: ``(7) Sole source contracts for economically disadvantaged women-owned small businesses.--In accordance with this section, a contracting officer may award a sole source contract to any small business concern meeting the requirements of section 8(m)(2)(A) of this Act if-- ``(A) such concern is determined to be a responsible contract with respect to performance of such contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more businesses meeting the requirements of section 8(m)(2)(A) will submit offers; ``(B) the anticipated award price of the contract (including options) will not exceed-- ``(i) $6,500,000 in the case of a contract opportunity assigned a standard industrial code for manufacturing; or ``(ii) $4,000,000 in the case of any other contract opportunity; and ``(C) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price. ``(8) Sole source contracts for women owned small businesses in substantially underrepresented industries.--In accordance with this section, a contracting officer may award a sole source contract to any small business concerns meeting the requirements of section 8(m)(3) of this Act if-- ``(A) such concern is determined to be a responsible contract with respect to performance of such contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more businesses meeting the requirements of section 8(m)(3) will submit offers; ``(B) the anticipated award price of the contract (including options) will not exceed-- ``(i) $6,500,000 in the case of a contract opportunity assigned a standard industrial code for manufacturing; or ``(ii) $4,000,000 in the case of any other contract opportunity; and ``(C) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.''. SEC. 3. REPORTING ON GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL BUSINESS CONCERNS. Section 15(h)(2)(E)(viii) of the Small Business Act (15 U.S.C. 644) is amended to read as follows: ``(viii) small business concerns owned and controlled by women-- ``(I) in the aggregate; ``(II) through competitions restricted to small business concerns; ``(III) through competitions restricted using the authority under section 8(m)(2); ``(IV) through competitions restricted using the authority under section 8(m)(2) and in which the waiver authority under section 8(m)(3) was used; ``(V) through sole source contracts awarded using the authority under section 8(m)(7); ``(VI) through sole source contracts awarded using the authority under section 8(m)(8) and in which the waiver authority under section 8(m)(3) was used; ``(VII) by industry in which the contracts described in subclauses (III) through (VI) were awarded; and ``(VIII) through unrestricted competition; and''.

. Women's Procurement Program Equalization Act of 2013 - Amends the Small Business Act with respect to the procurement program for women-owned small businesses (providing a federal procurement contracting preference to such businesses) to condition a government contracting officer's authority to restrict competition for any such federal contract upon the Administrator of the Small Business Administration (SBA) certifying each of the businesses as a small business concern owned and controlled by women. (Currently, the small business concerns themselves certify to the contracting officer that they are such a business according to SBA standards.) Allows a contracting officer to award a sole source contract to any economically disadvantaged women-owned small business if: (1) the small business is determined to be responsible and the contracting officer does not expect two or more of such businesses to submit offers; (2) the anticipated contract price will not exceed $6.5 million in the case of a manufacturing contract, or $4 million in the case of all other contracts; and (3) the contract can be made at a fair and reasonable price. Provides identical contracting authority for women-owned small businesses in substantially underrepresented industries. Expands the reporting requirements with respect to small business procurement contracts to require federal agencies to submit annual reports to the Administrator regarding such sole source contracts as well as the industries within which various contracts were awarded.

Women's Procurement Program Equalization Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carbon Dioxide Capture Technology Act of 2009''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) flue gases from coal-fired electric generating facilities typically have carbon dioxide concentrations of approximately 17 percent by volume; (2) it is possible to separate carbon dioxide from dilute sources and even the atmosphere, which has a carbon dioxide concentration of 0.038 percent, but substantial advances in research and technology will be necessary to provide the separation in an economical manner; (3) developing practical separations of carbon dioxide from dilute sources is important to the future development of energy technology; (4) economical onsite separation of atmospheric carbon dioxide can help leverage the use of carbon dioxide in energy applications such as enhanced oil recovery and enhanced geothermal systems at remote sites; and (5) authorizing the Secretary of Energy to provide a technology prize for separation of carbon dioxide from dilute sources can provide the impetus for developing the novel technologies that will be needed in the future as part of the national energy system of the United States. (b) Purpose.--It is the purpose of this Act to provide incentives to encourage the development and implementation of technology to capture carbon dioxide from dilute sources on a significant scale using direct air capture technologies. SEC. 3. CARBON DIOXIDE CAPTURE TECHNOLOGY PRIZE. Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396) is amended by adding at the end the following: ``(g) Carbon Dioxide Capture Technology Prize.-- ``(1) Definitions.--In this subsection: ``(A) Board.--The term `Board' means the Carbon Dioxide Capture Technology Advisory Board established by paragraph (6). ``(B) Dilute.--The term `dilute' means a concentration of less than 1 percent by volume. ``(C) Intellectual property.--The term `intellectual property' means-- ``(i) an invention that is patentable under title 35, United States Code; and ``(ii) any patent on an invention described in clause (i). ``(D) Secretary.--The term `Secretary' means the Secretary of Energy or designee, in consultation with the Board. ``(2) Authority.--Not later than 1 year after the date of enactment of this subsection, as part of the program carried out under this section, the Secretary shall establish and award competitive technology financial awards for carbon dioxide capture from media in which the concentration of carbon dioxide is dilute. ``(3) Duties.--In carrying out this subsection, the Secretary shall-- ``(A) subject to paragraph (4), develop specific requirements for-- ``(i) the competition process; ``(ii) minimum performance standards for qualifying projects; and ``(iii) monitoring and verification procedures for approved projects; ``(B) establish minimum levels for the capture of carbon dioxide from a dilute medium that are required to be achieved to qualify for a financial award described in subparagraph (C); ``(C) offer financial awards for-- ``(i) a design for a promising capture technology; ``(ii) a successful bench-scale demonstration of a capture technology; ``(iii) a design for a technology described in clause (i) that will-- ``(I) be operated on a demonstration scale; and ``(II) achieve significant reduction in the level of carbon dioxide; and ``(iv) an operational capture technology on a commercial scale that meets the minimum levels described in subparagraph (B); and ``(D) submit to Congress-- ``(i) an annual report that describes the progress made by the Board and recipients of financial awards under this subsection in achieving the demonstration goals established under subparagraph (C); and ``(ii) not later than 1 year after the date of enactment of this subsection, a report that describes the levels of funding that are necessary to achieve the purposes of this subsection. ``(4) Public participation.--In carrying out paragraph (3)(A), the Board shall-- ``(A) provide notice of and, for a period of at least 60 days, an opportunity for public comment on, any draft or proposed version of the requirements described in paragraph (3)(A); and ``(B) take into account public comments received in developing the final version of those requirements. ``(5) Peer review.--No financial awards may be provided under this subsection until the proposal for which the award is sought has been peer reviewed in accordance with such standards for peer review as are established by the Secretary. ``(6) Carbon dioxide capture technology advisory board.-- ``(A) Establishment.--There is established an advisory board to be known as the `Carbon Dioxide Capture Technology Advisory Board'. ``(B) Composition.--The Board shall be composed of 9 members appointed by the President, by and with the advice and consent of the Senate, who shall provide expertise in-- ``(i) climate science; ``(ii) physics; ``(iii) chemistry; ``(iv) biology; ``(v) engineering; ``(vi) economics; ``(vii) business management; and ``(viii) such other disciplines as the Secretary determines to be necessary to achieve the purposes of this subsection. ``(C) Term; vacancies.-- ``(i) Term.--A member of the Board shall serve for a term of 6 years. ``(ii) Vacancies.--A vacancy on the Board-- ``(I) shall not affect the powers of the Board; and ``(II) shall be filled in the same manner as the original appointment was made. ``(D) Initial meeting.--Not later than 30 days after the date on which all members of the Board have been appointed, the Board shall hold the initial meeting of the Board. ``(E) Meetings.--The Board shall meet at the call of the Chairperson. ``(F) Quorum.--A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings. ``(G) Chairperson and vice chairperson.--The Board shall select a Chairperson and Vice Chairperson from among the members of the Board. ``(H) Compensation.--Each member of the Board may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule for each day during which the member is engaged in the actual performance of the duties of the Board. ``(I) Duties.--The Board shall advise the Secretary on carrying out the duties of the Secretary under this subsection. ``(7) Intellectual property.-- ``(A) In general.--As a condition of receiving a financial award under this subsection, an applicant shall agree to vest the intellectual property of the applicant derived from the technology in 1 or more entities that are incorporated in the United States. ``(B) Reservation of license.--The United States-- ``(i) may reserve a nonexclusive, nontransferable, irrevocable, paid-up license, to have practiced for or on behalf of the United States, in connection with any intellectual property described in subparagraph (A); but ``(ii) shall not, in the exercise of a license reserved under clause (i), publicly disclose proprietary information relating to the license. ``(C) Transfer of title.--Title to any intellectual property described in subparagraph (A) shall not be transferred or passed, except to an entity that is incorporated in the United States, until the expiration of the first patent obtained in connection with the intellectual property. ``(8) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection such sums as are necessary. ``(9) Termination of authority.--The Board and all authority provided under this subsection shall terminate on December 31, 2020.''.

Carbon Dioxide Capture Technology Act of 2009 - Amends the Energy Policy Act of 2005 to: (1) direct the Secretary of Energy to establish and award competitive technology financial awards for the development and implementation of technology to capture carbon dioxide from dilute sources; and (2) establish the Carbon Dioxide Capture Technology Advisory Board to advise the Secretary in carrying out duties under this Act. Terminates the Board and all authorities under this Act on December 31, 2020.

A bill to amend the Energy Policy Act of 2005 to expand the authority for awarding technology prizes by the Secretary of Energy to include a financial award for separation of carbon dioxide from dilute sources.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Law Enforcement Abuse Transparency and Accountability Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) American law enforcement has a fundamental duty to provide compassion, aid, and protection and safety to the people it serves. (2) A primary function of law enforcement is to preserve life, regardless of the race, ethnicity, religion, social or economic standing, sexual preference, or country of origin of the individuals involved. (3) Over many years, thousands of cases of State and local law enforcement agency violations of suspects, detainees, and prisoners went inadequately addressed across the United States, especially in African-American communities and other communities of color or poverty. (4) In recent years, procedures, training, and public oversight have failed to significantly curb or eliminate abuses and murders of innocent suspects and citizens at the hands of officers of the law, to fully investigate claims of excessive use of force, or to adequately reprimand, punish, or remove such offenders or their superiors. (5) A special prosecutor in Chicago has been investigating a police abuse ring that operated over three decades with impunity, responsible for torturing over 200 African-American males in their custody at the Area 2 and Area 3 police headquarters. (6) Since the 1997 New York Police Department torture of Abner Louima, and the fatal shooting of Amadou Bailo Diallo in 1999, public and media attention concerning abuse of power and the unjustified and improper use of force by law enforcement in communities of color has continuously increased, as have the number of outraged community responses and the demands for external oversight of police practices. (7) More recently, police in Chicago on November 25, 2006, police officers in New York City shot 50 times and killed an unarmed man, Sean Bell. The next day, a community rally protested the police action and called for the removal of Police Commissioner Raymond Kelly. (8) Fatal shootings and abuse of suspects and prisoners have come to light again recently in other cities, including Atlanta, Georgia, and DeKalb County, Georgia. (9) Every major State and local city law enforcement agency receives and depends on some level of Federal funding, training, grants, or assistance, paid for primarily from the tax revenues of the citizens being abused. (10) The common and continuing unaccountable behavior and silence of members of law enforcement agencies regarding these abuses are a disgrace to the efforts of law enforcement agencies throughout the United States and should not be tolerated. (11) The lack of transparency, oversight, community involvement, independent review and investigation, and consequences to the law enforcement violators makes continuing abuse more likely, and must be reversed by denying Federal funding to any law enforcement agency that fails to establish a minimum of professional training and procedures of engagement; that tolerates abuses or fatal use of excessive force; that fails to operate under rules of transparency and community oversight, investigation, and review; that fails to discipline, remove, or otherwise hold accountable any perpetrators acting under the color of law enforcement; or that refuses to fairly hear each case or allegation of possible abuse or excessive use of force by law enforcement officers, reviewed by an established and independent forum. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that the dishonorable actions referred to in section 2 should be independently investigated, recorded, and condemned. SEC. 4. INELIGIBILITY FOR FEDERAL ASSISTANCE. (a) In General.--During the 1-year period beginning on the date of enactment of this Act, or until transparency and accountability are fully restored, law enforcement agencies that do not have established procedures for independent oversight and review, or do not hold violations by police of excessive use of force, torture, or manslaughter accountable, shall be ineligible to participate in any Federal program, whether by funding, assistance, contract, grant, personnel support, or otherwise. (b) Licenses.--During the 1-year period beginning on the date of enactment of this Act, any Federal license issued to any such law enforcement agencies shall be suspended, or until transparency and accountability are fully restored. (c) Equipment.--Law enforcement agencies identified as carrying out abuses or wrongful deaths, without consequence or open public review or allegations, shall immediately return all federally-owned equipment in the possession or use of such law enforcement agencies to the appropriate Federal agency. SEC. 5. LAW ENFORCEMENT AGENCIES DEFINED. In this Act, the term ``law enforcement agencies'' means the following entities in any State or locality within the control and jurisdiction of the United States receiving Federal funds for training, equipment, or other support.

Law Enforcement Abuse Transparency and Accountability Act of 2006 - Expresses the sense of Congress that incidences of law enforcement abuse of citizens should be independently investigated, recorded, and condemned. Renders state or local law enforcement agencies receiving assistance from the federal government ineligible for further assistance, licenses, or federally-owned equipment until such agencies establish procedures for independent oversight and review and hold police officers accountable for excessive use of force, torture, or manslaughter.

To deny Federal assistance to any State or local law enforcement agencies whose officers use excessive force or violence leading to the death of innocent or unarmed citizens, or who fail to establish, enforce and follow transparent and accountable procedures that fully protect the lives and health of citizens during surveillance, interrogation, arrest or imprisonment from torture, excessive physical or psychological abuse and death, and to require a system of transparent legal and public review of such allegations and cases that can result in the sanction, punishment and removal of officers who perpetrate such abuses or their superiors.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voter Freedom Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress makes the following findings: (1) Voting participation in the United States is lower than in any other advanced industrialized democracy. (2) The rights of eligible citizens to seek election to office, vote for candidates of their choice and associate for the purpose of taking part in elections, including the right to create and develop new political parties, are fundamental in a democracy. The rights of citizens to participate in the election process, provided in and derived from the first and fourteenth amendments to the Constitution, have consistently been promoted and protected by the Federal Government. These rights include the right to cast an effective vote and the right to associate for the advancement of political beliefs, which includes the ``constitutional right . . . to create and develop new political parties.'' Norman v. Reed, 502 U.S. 279, 112 S.Ct. 699 (1992). It is the duty of the Federal Government to see that these rights are not impaired in elections for Federal office. (3) Certain restrictions on access to the ballot impair the ability of citizens to exercise these rights and have a direct and damaging effect on citizens' participation in the electoral process. (4) Many States unduly restrict access to the ballot by nonmajor party candidates and nonmajor political parties by means of such devices as excessive petition signature requirements, insufficient petitioning periods, unconstitutionally early petition filing deadlines, petition signature distribution criteria, and limitations on eligibility to circulate and sign petitions. (5) Many States require political parties to poll an unduly high number of votes or to register an unduly high number of voters as a precondition for remaining on the ballot. (6) In 1983, the Supreme Court ruled unconstitutional an Ohio law requiring a nonmajor party candidate for President to qualify for the general election ballot earlier than major party candidates. This Supreme Court decision, Anderson v. Celebrezze, 460 U.S. 780 (1983) has been followed by many lower courts in challenges by nonmajor parties and candidates to early petition filing deadlines. See, e.g., Stoddard v. Quinn, 593 F. Supp. 300 (D.Me. 1984); Cripps v. Seneca County Board of Elections, 629 F. Supp. 1335 (N.D.Oh. 1985); Libertarian Party of Nevada v. Swackhamer, 638 F. Supp. 565 (D. Nev. 1986); Cromer v. State of South Carolina, 917 F.2d 819 (4th Cir. 1990); New Alliance Party of Alabama v. Hand, 933 F. 2d 1568 (11th Cir. 1991). (7) In 1996, 34 States required nonmajor party candidates for President to qualify for the ballot before the second major party national convention (Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington, West Virginia, and Wyoming). Twenty-six of these States required nonmajor party candidates to qualify before the first major party national convention (Arizona, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Kansas, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nevada, New Hampshire, New Jersey, North Carolina, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Washington, and West Virginia). (8) Under present law, in 1996, nonmajor party candidates for President were required to obtain at least 701,089 petition signatures to be listed on the ballots of all 50 States and the District of Columbia--28 times more signatures than the 25,500 required of Democratic Party candidates and 13 times more signatures than the 54,250 required of Republican Party candidates. To be listed on the ballot in all 50 States and the District of Columbia with a party label, nonmajor party candidates for President were required to obtain approximately 651,475 petition signatures and 89,186 registrants. Thirty-two of the 41 States that hold Presidential primaries required no signatures of major party candidates for President (Arkansas, California, Colorado, Connecticut, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington, West Virginia, Wisconsin). Only three States required no signatures of nonmajor party candidates for President (Arkansas, Colorado, and Louisiana; Colorado and Louisiana, however, required a $500 filing fee). (9) Under present law, the number of petition signatures required by the States to list a major party candidate for Senate on the ballot in 1996 ranged from zero to 15,000. The number of petition signatures required to list a nonmajor party candidate for Senate ranged from zero to 196,788. Thirty-one States required no signatures of major party candidates for Senate (Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, North Dakota, Oklahoma, Oregon, South Carolina, Texas, Utah, Washington, West Virginia, Wyoming). Only one State required no signatures of nonmajor party candidates for Senate, provided they were willing to be listed on the ballot without a party label (Louisiana, although a $600 filing fee was required, and to run with a party label, a candidate was required to register 111,121 voters into his or her party). (10) Under present law, the number of petition signatures required by the States to list a major party candidate for Congress on the ballot in 1996 ranged from zero to 2,000. The number of petition signatures required to list a nonmajor party candidate for Congress ranged from zero to 13,653. Thirty-one States required no signatures of major party candidates for Congress (Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Kansas, Kentucky, Louisiana, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, North Dakota, Oklahoma, Oregon, South Carolina, Texas, Utah, Washington, West Virginia, Wyoming). Only one State required no signatures of nonmajor party candidates for Congress, provided they are willing to be listed on the ballot without a party label (Louisiana, although a $600 filing fee was required). (11) Under present law, in 1996, eight States required additional signatures to list a nonmajor party candidate for President on the ballot with a party label (Alabama, Arizona, Idaho, Kansas, Nebraska, North Dakota, Ohio, Tennessee). Thirteen States required additional signatures to list a nonmajor party candidate for Senate or Congress on the ballot with a party label (Alabama, Arizona, Arkansas, California, Idaho, Hawaii, Kansas, Louisiana, North Dakota, Nebraska, Ohio, Oregon, Tennessee). Two of these States (Ohio and Tennessee) required 5,000 signatures and 25 signatures, respectively, to list a nonmajor party candidate for President or Senate on the ballot in 1996, but required 33,463 signatures and 37,179 signatures, respectively, to list the candidate on the ballot with her or his party label. One State (California) required a nonmajor party to have 89,006 registrants in order to have its candidate for President listed on the ballot with a party label. (12) Under present law, in 1996 one State (California) required nonmajor party candidates for President or Senate to obtain 147,238 signatures in 105 days, but required major party candidates for Senate to obtain only 65 signatures in 105 days, and required no signatures of major party candidates for President. Another State (Texas) required nonmajor party candidates for President or Senate to obtain 43,963 signatures in 75 days, and required no signatures of major party candidates for President or Senate. (13) Under present law, in 1996, seven States required nonmajor party candidates for President or Senate to collect a certain number or percentage of their petition signatures in each congressional district or in a specified number of congressional districts (Michigan, Missouri, Nebraska, New Hampshire, New York, North Carolina, Virginia). Only three of these States impose a like requirement on major party candidates for President or Senate (Michigan, New York, Virginia). (14) Under present law, in 1996, 20 States restricted the circulation of petitions for nonmajor party candidates to residents of those States (California, Colorado, Connecticut, District of Columbia, Idaho, Illinois, Kansas, Michigan, Missouri, Nebraska, Nevada, New Jersey, New York, Ohio, Pennsylvania, South Dakota, Texas, Virginia, West Virginia, Wisconsin). Two States restricted the circulation of petitions for nonmajor party candidates to the county or congressional district where the circulator lives (Kansas and Virginia). (15) Under present law, in 1996, three States prohibited people who voted in a primary election from signing petitions for nonmajor party candidates (Nebraska, New York, Texas, West Virginia). Twelve States restricted the signing of petitions to people who indicate intent to support or vote for the candidate or party (California, Delaware, Hawaii, Illinois, Indiana, Maryland, New Jersey, New York, North Carolina, Ohio, Oregon, Utah). Five of these 12 States required no petitions of major party candidates (Delaware, Maryland, North Carolina, Oregon, Utah), and only one of the six remaining States restricted the signing of petitions for major party candidates to people who indicate intent to support or vote for the candidate or party (New Jersey). (16) In two States (Louisiana and Maryland), no nonmajor party candidate for Senate has qualified for the ballot since those States' ballot access laws have been in effect. (17) In two States (Georgia and Louisiana), no nonmajor party candidate for the United States House of Representatives has qualified for the ballot since those States' ballot access laws have been in effect. (18) Restrictions on the ability of citizens to exercise the rights identified in this subsection have disproportionately impaired participation in the electoral process by various groups, including racial minorities. (19) The establishment of fair and uniform national standards for access to the ballot in elections for Federal office would remove barriers to the participation of citizens in the electoral process and thereby facilitate such participation and maximize the rights identified in this subsection. (20) The Congress has authority, under the provisions of the Constitution of the United States in sections 4 and 8 of article I, section 1 of article II, article VI, the thirteenth, fourteenth, and fifteenth amendments, and other provisions of the Constitution of the United States, to protect and promote the exercise of the rights identified in this subsection. (b) Purposes.--The purposes of this Act are-- (1) to establish fair and uniform standards regulating access to the ballot by eligible citizens who desire to seek election to Federal office and political parties, bodies, and groups which desire to take part in elections for Federal office; and (2) to maximize the participation of eligible citizens in elections for Federal office. SEC. 3. BALLOT ACCESS RIGHTS. (a) In General.--An individual shall have the right to be placed as a candidate on, and to have such individual's political party, body, or group affiliation in connection with such candidacy placed on, a ballot or similar voting materials to be used in a Federal election, if-- (1) such individual presents a petition stating in substance that its signers desire such individual's name and political party, body or group affiliation, if any, to be placed on the ballot or other similar voting materials to be used in the Federal election with respect to which such rights are to be exercised; (2) with respect to a Federal election for the office of President, Vice President, or Senator, such petition has a number of signatures of persons qualified to vote for such office equal to one-tenth of one percent of the number of persons who voted in the most recent previous Federal election for such office in the State, or 1,000 signatures, whichever is greater; (3) with respect to a Federal election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, such petition has a number of signatures of persons qualified to vote for such office equal to one-half of one percent of the number of persons who voted in the most recent previous Federal election for such office, or, if there was no previous Federal election for such office, 1,000 signatures; (4) with respect to a Federal election the date of which was fixed 345 or more days in advance, such petition was circulated during a period beginning on the 345th day and ending on the 75th day before the date of the election; and (5) with respect to a Federal election the date of which was fixed less than 345 days in advance, such petition was circulated during a period established by the State holding the election, or, if no such period was established, during a period beginning on the day after the date the election was scheduled and ending on the tenth day before the date of the election, provided, however, that the number of signatures required under paragraph (2) or (3) shall be reduced by \1/270\ for each day less than 270 in such period. (b) Special Rule.--An individual shall have the right to be placed as a candidate on, and to have such individual's political party, body, or group affiliation in connection with such candidacy placed on, a ballot or similar voting materials to be used in a Federal election, without having to satisfy any requirement relating to a petition under subsection (a), if that or another individual, as a candidate of that political party, body, or group, received one percent of the votes cast in the most recent general Federal election for President or Senator in the State. (c) Savings Provision.--Subsections (a) and (b) shall not apply with respect to any State that provides by law for greater ballot access rights than the ballot access rights provided for under such subsections. SEC. 4. RULEMAKING. The Attorney General shall make rules to carry out this Act. SEC. 5. GENERAL DEFINITIONS. As used in this Act-- (1) the term ``Federal election'' means a general or special election for the office of-- (A) President or Vice President; (B) Senator; or (C) Representative in, or Delegate or Resident Commissioner to, the Congress; (2) the term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States; (3) the term ``individual'' means an individual who has the qualifications required by law of a person who holds the office for which such individual seeks to be a candidate; (4) the term ``petition'' includes a petition which conforms to section 3(a)(1) and upon which signers' addresses and/or printed names are required to be placed; (5) the term ``signer'' means a person whose signature appears on a petition and who can be identified as a person qualified to vote for an individual for whom the petition is circulated, and includes a person who requests another to sign a petition on his or her behalf at the time when, and at the place where, the request is made; (6) the term ``signature'' includes the incomplete name of a signer, the name of a signer containing abbreviations such as first or middle initial, and the name of a signer preceded or followed by titles such as ``Mr.'', ``Ms.'', ``Dr.'', ``Jr.'', or ``III''; and (7) the term ``address'' means the address which a signer uses for purposes of registration and voting.

Voter Freedom Act of 1997 - Entitles an individual to be placed as a candidate on, and to have such individual's political party, body, or group affiliation in connection with such candidacy placed on, a ballot or similar voting materials to be used in a Federal election under specified conditions.

Voter Freedom Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Salad Bars in Schools Expansion Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In the United States, one-third of all school-aged children are overweight or obese and very few eat the daily amount of fruits and vegetables recommended by national health authorities. (2) On average, more than 30 million children participate in the National School Lunch Program daily, with more than 70 percent qualifying for free or reduced-price meals based on family household income. (3) Improving the healthfulness of school meals, including serving more fruits and vegetables, will improve children's eating habits and their health. The Dietary Guidelines for Americans recommends that children ``make half their plate fruits and vegetables'' at each meal. (4) Research indicates that school salad bars are an effective strategy to increase children's consumption of a wide variety of fruits and vegetables. (5) Salad bars are one of the easiest ways for school food authorities to meet the new school lunch nutrition standards that require serving a fruit and a vegetable every day, a colorful variety of vegetables every week, and that students select at least one-half cup of a fruit or a vegetable at lunch. (6) Salad bars are effective in elementary, middle, and high school, they empower students to try new fruits and vegetables and are a tangible example of a school's commitment to wellness and healthier school meals. SEC. 3. EXPANSION OF SALAD BARS. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following: ``(l) Expansion of Salad Bars.-- ``(1) Marketing and communications plan.--Not later than 90 days after the date of the enactment of the Salad Bars in Schools Expansion Act, the Secretary shall establish and implement a plan to promote the use of salad bars in schools participating in the school lunch program established under this Act. ``(2) Training and technical assistance.--In carrying out the plan described in paragraph (1), the Secretary shall provide training and technical assistance to eligible entities to assist the entities in establishing salad bars in schools. Such training and technical assistance may include: ``(A) webinars; ``(B) training workshops; ``(C) implementation resources; ``(D) nutrition education; and ``(E) strategies for parent engagement and encourage collaboration with allied organizations and partners. ``(3) Grant program.-- ``(A) In general.--In carrying out the plan described in paragraph (1), the Secretary shall establish a grant program under which the Secretary shall provide grants, on a competitive basis, to eligible entities selected under subparagraph (C). ``(B) Use of funds.--Each eligible entity receiving a grant under this subsection shall use the grant funds to award schools a one-time payment equal to the anticipated cost of installing a salad bar, including the purchase of any durable equipment required for a salad bar. ``(C) Application.-- ``(i) In general.--To receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(ii) Priority.--In selecting grant recipients, the Secretary may give priority to eligible entities that-- ``(I) serve schools in which not less than 50 percent of the students are eligible for free or reduced price lunches; ``(II) serve schools in food deserts; or ``(III) provide nutrition education to students. ``(D) Termination.--The grant program shall terminate 5 years after the date of the enactment of the Salad Bars in Schools Expansion Act. ``(E) Evaluation.--Each grantee shall submit to the Secretary an evaluation of the grant program at such time, in such manner, and containing such information as the Secretary may require. ``(4) Report.--Not later than 1 year after the date of the enactment of the Salad Bars in Schools Expansion Act, the Secretary shall submit a report to the Committee on Education and the Workforce and the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate, which includes-- ``(A) recommendations, if any, for promoting and establishing more salad bars in schools; ``(B) the number of schools nationwide that have a salad bar program in their school; ``(C) the number of schools that have new salad bars as a result of the plan described in paragraph (1); and ``(D) the evaluations submitted by grantees under paragraph (4)(E). ``(5) Revision of guidance on salad bars in the national school lunch program.--Not later than 90 days after submitting the report under paragraph (4), the Secretary shall revise the March 27, 2013, policy memorandum SP 31-2013, `Salad Bars in the National School Lunch Program', in light of any recommendations contained in the report. ``(6) Definitions.--In this subsection: ``(A) Durable equipment.--The term `durable equipment' means durable food preparation, handling, cooking, serving, and storage equipment greater than $500 in value. ``(B) Eligible entity.--The term `eligible entity' means-- ``(i) a school; or ``(ii) a school food authority. ``(C) Food desert.--The term `food desert' means a census tract with a substantial share of residents who live in low-income areas that have low levels of access to a grocery store or a healthy, affordable food retail outlet.''. SEC. 4. PROHIBITION ON NEW APPROPRIATIONS. No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act, and this Act and such amendments shall be carried out using amounts otherwise made available for such purposes.

Salad Bars in Schools Expansion Act This bill amends the Richard B. Russell National School Lunch Act to require the Department of Agriculture (USDA) to establish and implement a plan, including through a five-year program of competitive grants, to promote the use of salad bars in schools participating in the school lunch program. Priority in the award of grants may be given to entities that: (1) serve schools in which at least 50% of the students are eligible for free or reduced-price lunches or that are located in food deserts, or (2) provide nutrition education. (A food desert is an area without ready access to fresh, healthful, and affordable food.) USDA shall revise the March 27, 2013, policy memorandum SP 31-2013, "Salad Bars in the National School Lunch Program," in light of recommendations submitted to Congress under this Act.

Salad Bars in Schools Expansion Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telehealth Mental Health Services Act''. SEC. 2. MENTAL HEALTH SERVICES DELIVERED VIA TELEHEALTH. Subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``SEC. 330I. MENTAL HEALTH SERVICES DELIVERED VIA TELEHEALTH. ``(a) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means a public or nonprofit private telehealth provider network that offers services that include mental health services provided by qualified mental health providers. ``(2) Qualified mental health education professionals.--The term `qualified mental health education professionals' refers to teachers, community mental health professionals, nurses, and other entities as determined by the Secretary who have additional training in the delivery of information on mental illness to children and adolescents or who have additional training in the delivery of information on mental illness to the elderly. ``(3) Qualified mental health professionals.--The term `qualified mental health professionals' refers to providers of mental health services reimbursed under the medicare program carried out under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) who have additional training in the treatment of mental illness in children and adolescents or who have additional training in the treatment of mental illness in the elderly. ``(4) Special populations.--The term `special populations' refers to the following 2 distinct groups: ``(A) Children and adolescents located in public elementary and public secondary schools in mental health underserved rural areas or in mental health underserved urban areas. ``(B) Elderly individuals located in long-term care facilities in mental health underserved rural areas. ``(5) Telehealth.--The term `telehealth' means the use of electronic information and telecommunications technologies to support long distance clinical health care, patient and professional health-related education, public health, and health administration. ``(b) Program Authorized.-- ``(1) In general.--The Secretary, acting through the Director of the Office for the Advancement of Telehealth of the Health Resources and Services Administration, shall award grants to eligible entities to establish demonstration projects for the provision of mental health services to special populations as delivered remotely by qualified mental health professionals using telehealth and for the provision of education regarding mental illness as delivered remotely by qualified mental health professionals and qualified mental health education professionals using telehealth. ``(2) Number of demonstration projects.--Ten grants shall be awarded under paragraph (1) to provide services for the children and adolescents described in subsection (a)(4)(A) and not fewer than 6 of such grants shall be for services rendered to individuals in rural areas. Ten grants shall also be awarded under paragraph (1) to provide services for the elderly individuals described in subsection (a)(4)(B) in rural areas. If the maximum number of grants to be awarded under paragraph (1) is not awarded, the Secretary shall award the grants under paragraph (1) in a manner that distributes the grants so as to serve equitably the populations described in subparagraphs (A) and (B) of subsection (a)(4). ``(c) Amount.--Each entity that receives a grant under subsection (b) shall receive not less than $1,500,000 under the grant, and shall use not more than 40 percent of the grant funds for equipment. ``(d) Use of Funds.-- ``(1) In general.--An eligible entity that receives a grant under this section shall use the grant funds-- ``(A) for the populations described in subsection (a)(4)(A)-- ``(i) to provide mental health services, including diagnosis and treatment of mental illness, in public elementary and public secondary schools as delivered remotely by qualified mental health professionals using telehealth; ``(ii) to provide education regarding mental illness (including suicide and violence) in public elementary and public secondary schools as delivered remotely by qualified mental health professionals and qualified mental health education professionals using telehealth, including education regarding early recognition of the signs and symptoms of mental illness, and instruction on coping and dealing with stressful experiences of childhood and adolescence (such as violence, social isolation, and depression); and ``(iii) to collaborate with local public health entities to provide the mental health services; and ``(B) for the populations described in subsection (a)(4)(B)-- ``(i) to provide mental health services, including diagnosis and treatment of mental illness, in long-term care facilities as delivered remotely by qualified mental health professionals using telehealth; ``(ii) to provide education regarding mental illness to primary staff (including physicians, nurses, and nursing aides) as delivered remotely by qualified mental health professionals and qualified mental health education professionals using telehealth, including education regarding early recognition of the signs and symptoms of mental illness, and instruction on coping and dealing with stressful experiences of old age (such as loss of physical and cognitive capabilities, death of loved ones and friends, social isolation, and depression); and ``(iii) to collaborate with local public health entities to provide the mental health services. ``(2) Other uses.--An eligible entity that receives a grant under this section may also use the grant funds to-- ``(A) acquire telehealth equipment to use in public elementary and public secondary schools and long-term care facilities for the objectives of this section; ``(B) develop curricula to support activities described in subparagraphs (A)(ii) and (B)(ii) of paragraph (1); ``(C) pay telecommunications costs; and ``(D) pay qualified mental health professionals and qualified mental health education professionals on a reasonable cost basis as determined by the Secretary for services rendered. ``(3) Prohibited uses.--An eligible entity that receives a grant under this section shall not use the grant funds to-- ``(A) purchase or install transmission equipment (other than such equipment used by qualified mental health professionals to deliver mental health services using telehealth under the project involved); or ``(B) build upon or acquire real property (except for minor renovations related to the installation of reimbursable equipment). ``(e) Equitable Distribution.--In awarding grants under this section, the Secretary shall ensure, to the greatest extent possible, that such grants are equitably distributed among geographical regions of the United States. ``(f) Application.--An entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary determines to be reasonable. ``(g) Report.--Not later than 5 years after the date of enactment of the Health Care Safety Net Amendments of 2001, the Secretary shall prepare and submit a report to the appropriate committees of Congress that shall evaluate activities funded with grants under this section. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $30,000,000 for fiscal year 2002 and such sums as may be necessary for fiscal years 2003 through 2009. ``(i) Sunset Provision.--This section shall be effective for 7 years from the date of enactment of this section.''.

Telehealth Mental Health Services Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Office for the Advancement of Telehealth of the Health Resources and Services Administration, to award grants of at least $1.5 million to each eligible entity to establish demonstration projects for the provision of: (1) mental health services to special populations as delivered remotely by qualified mental health professionals using telehealth; and (2) mental illness education as delivered remotely by qualified mental health professionals and mental health education professionals using telehealth.

A bill to establish a program for the delivery of mental health services by telehealth.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Internet Gambling Prohibition Act of 2002''. SEC. 2. DEFINITIONS. Section 1081 of title 18, United States Code, is amended-- (1) by designating the five undesignated paragraphs that begin with ``The term'' as paragraphs (1) through (5) respectively; (2) in paragraph (5), as so designated-- (A) by striking ``wire communication'' and inserting ``communication''; (B) by inserting ``satellite, microwave,'' after ``cable,''; and (C) by inserting ``(whether fixed or mobile)'' after ``connection''; and (3) by adding at the end the following: ``(6) The term `information assisting in the placing of bets or wagers' means information knowingly transmitted by an individual in the business of betting or wagering for use in placing, receiving, making, or otherwise enabling or facilitating a bet or wager that violates applicable Federal, State, tribal, or local law, but does not include-- ``(A) the transmission of information for use in news reporting of wagering activities, as long as such transmission does not solicit or provide information for the purpose of facilitating or enabling the placing or receipt of bets or wagers in a jurisdiction where such betting is illegal; ``(B) any posting or reporting of any educational information on how to make a legal bet or wager or the nature of betting or wagering, as long as such transmission does not solicit or provide information for the purpose of facilitating or enabling the placing or receipt of bets or wagers in a jurisdiction where such betting is illegal; ``(C) advertising relating to betting or wagering in a jurisdiction where such betting or wagering is legal, as long as such advertising does not solicit or provide information for the purpose of facilitating or enabling the placing or receipt of bets or wagers in a jurisdiction where such betting is illegal; ``(D) the transmission of information assisting in the placing of bets or wagers from a State or foreign country where such bets or wagers are legal into a State or foreign country in which such betting or wagering is legal; or ``(E) information exchanged through telecommunications connections using bi-directional communication with external associated equipment utilizing communication protocols that ensure that erroneous data or signals will not adversely affect or influence the operation of gaming devices connected to an accounting system, if the information is used only to monitor gaming device play, display prize amounts, provide security information, or provide other accounting information when such information is transmitted among one or more Class II or Class III gaming facilities as defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703). ``(7) The term `transmission' or `transmit' means to place, send, receive, transfer, post, disseminate, or otherwise convey from one person or place to another. ``(8) The term `fantasy sports league or rotisserie league' means an activity that-- ``(A) consists of persons who pay an entrance or administrative fee to participate in a league that allows each participant to create a fictitious team composed of athletes from a professional sport; ``(B) allows for the selection or subsequent replacement of players without charging any fees in excess of the initial entrance or administrative fee; ``(C) allows a participant to accrue points for the performance of that participant's team that can be compared to the points secured by other participants and may award de minimis prizes daily, weekly, or monthly during the regular season or after each round of postseason play based on total points accrued, or other prizes at the conclusion of the regular season or postseason, or both based on the cumulative points accrued during the regular season or postseason, or both; ``(D) designates the specific prizes (including amounts, if monetary prizes) to be won by participants in the league at the start of the regular season before the registration of, or acceptance of fees from, the participants and does not base the value of prizes on the number of participants or the total amount of entrance or administrative fees collected; and ``(E) provides to each participant the rules governing the conduct of the fantasy sports league. ``(9) The term `bets or wagers' means the staking or risking by any person of something of value upon-- ``(A) any contest or game based in whole or in part on chance, including a lottery; ``(B) one or more sporting events or contests, or one or more performances of the participants in such events or contests, including any scheme of a type described in section 3702 of title 28; or ``(C) a future contingent event not under the person's control or influence; with an agreement or understanding that the person or another person will or may receive something of value as a result of such stake or risk. However, such term does not include a bona fide business transaction in securities or commodities of the nature governed by the Federal securities and trading laws of the United States, a contract of indemnity or guarantee, a contract for insurance, or an entrance or administrative fee collected by a fantasy sports or rotisserie league where the operation of or participation in such league does not violate applicable Federal, State, tribal, or local laws and such league does not collect fees from or allow participation by individuals under the age of 18.''. SEC. 3. MODIFICATION OF EXISTING PROHIBITION. (a) In General.--Section 1084 of title 18, United States Code, is amended to read as follows: ``Sec. 1084. Use of a communication facility to transmit bets or wagers; penalties ``(a) Whoever being engaged in the business of betting or wagering knowingly uses a communication facility-- ``(1) for the transmission in interstate or foreign commerce, within the special maritime and territorial jurisdiction of the United States, or to or from any place outside the jurisdiction of any nation with respect to any transmission to or from the United States, of bets or wagers, or information assisting in the placing of bets or wagers; or ``(2) for the transmission of a communication in interstate or foreign commerce, within the special maritime and territorial jurisdiction of the United States, or to or from any place outside the jurisdiction of any nation with respect to any transmission to or from the United States, which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than two years, or both. ``(b) Nothing contained in this section creates immunity from criminal prosecution under any laws of any State or tribe. ``(c)(1) When any person or entity is notified in writing by a Federal, State, tribal, or local law enforcement agency, acting within its jurisdiction, that any communication facility furnished by it is being used or will be used by its subscriber for the purpose of transmitting bets or wagers, or information assisting in the placing of bets or wagers, in interstate or foreign commerce, within the special maritime and territorial jurisdiction of the United States, or to or from any place outside the jurisdiction of any nation with respect to any transmission to or from the United States in violation of Federal, State, tribal, or local law, it shall discontinue or refuse the leasing, furnishing, or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty, or forfeiture, civil or criminal, shall be found against any person or entity for any act done in compliance with any notice received from a law enforcement agency. Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination, as otherwise provided by law, in a Federal court or in a State, tribal, or local tribunal or agency, that such facility should not be discontinued or removed, or should be restored. ``(2) A notice described in this subsection must-- ``(A) identify the communication facility, gambling related material, or activity that allegedly violates this section, and allege that such facility, material, or activity violates this section; ``(B) provide information reasonably sufficient to permit the provider of the communication facility to locate (and, as appropriate, to discontinue or refuse the leasing, furnishing, or maintaining) of such facility; ``(C) be supplied to any agent of a provider of the communication facility designated in accordance with section 512(c)(2) of title 17, if information regarding such designation is readily available to the public; ``(D) provide information that is reasonably sufficient to permit the provider of the wire communication facility to contact the law enforcement agency that issued the notice, including the name of the law enforcement agency, and the name and telephone number of an individual to contact at the law enforcement agency (and, if available, the electronic mail address of that individual); and ``(E) declare under penalties of perjury that the person submitting the notice is an official of the law enforcement agency described in subparagraph (D). ``(d) Nothing in this section shall repeal or amend the rights or privileges secured tribes under the Indian Gaming Regulatory Act of 1988 (25 U.S.C. 2701 et seq.) or under Indian treaties. ``(e)(1) An interactive computer service provider shall not be liable, under this section or any other provision of Federal or State law prohibiting or regulating gambling or gambling-related activities, for the use of its facilities or services by another person to engage in Internet gambling activity that violates such law-- ``(A) arising out of any transmitting, routing, or providing of connections for gambling-related material or activity (including intermediate and temporary storage in the course of such transmitting, routing, or providing connections) by the provider, if-- ``(i) the material or activity was initiated by or at the direction of a person other than the provider; ``(ii) the transmitting, routing, or providing of connections is carried out through an automatic process without selection of the material or activity by the provider; ``(iii) the provider does not select the recipients of the material or activity, except as an automatic response to the request of another person; and ``(iv) the material or activity is transmitted through the system or network of the provider without modification of its content; or ``(B) arising out of any gambling-related material or activity at an online site residing on a computer server owned, controlled, or operated by or for the provider, or arising out of referring or linking users to an online location containing such material or activity, if the material or activity was initiated by or at the direction of a person other than the provider. ``(2) An interactive computer service provider shall not be liable, under any provision of Federal or State law prohibiting or regulating gambling or gambling-related activities, or under any State law prohibiting or regulating advertising and promotional activities, for content, provided by another person, that advertises or promotes gambling activity that violates such law, unless the provider is engaged in the business of such gambling. ``(3)(A) An interactive computer service provider shall not be liable for any damages, penalty, or forfeiture, civil or criminal, under Federal or State law for taking in good faith any action to comply with a notice described in subsection (c). ``(B) Nothing in this section may be construed to impose or authorize an obligation on an interactive computer service provider-- ``(i) to monitor material or use of its service; or ``(ii) except as required by a notice under subsection (c), to discontinue or refuse the leasing, furnishing, or maintaining of a facility. ``(4) As used in this subsection: ``(A) The term `interactive computer service' means any interactive computer service that operates in interstate or foreign commerce and provides or enables access by multiple users to a computer server, including a service that-- ``(i) provides an information location tool to refer to link users to an online location, including a directory, index, or hypertext link; ``(ii) is engaged in the transmission, storage, retrieval, hosting, formatting, or translation of a communication made by another person without selection or alteration of the content of that communication, other than that done in good faith to prevent or avoid a violation of law; or ``(iii) provides access to the Internet. ``(B) The term `interactive computer service provider' means any person that provides an interactive computer service, to the extent that such person offers or provides such service. ``(C) The term `Internet' means the international computer network of both Federal and non-Federal interoperable packet switched data networks. ``(f) As used in this section: ``(1) The term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a commonwealth, territory, or possession of the United States. ``(2) The term `tribe' or `tribal' refers to an Indian tribe, as defined under section 4(5) of the Indian Gaming Regulatory Act of 1988 (25 U.S.C. 2703(5)).''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 50 of that title is amended by striking the item relating to section 1084 and inserting the following new item: ``1084. Use of a communication facility to transmit bets or wagers; penalties.''.

Comprehensive Internet Gambling Prohibition Act of 2002 - Amends provisions of the Federal criminal code regarding the unauthorized transmission of wagering information to: (1) include all forms of communication (currently limited to wire communication); (2) include transmissions within the special maritime and territorial jurisdiction of the United States, as well as outside transmissions originating from or received in the United States; and (3) require any person or entity (currently only a common carrier) notified that its communication facility is being used for transmitting bets or wagers to immediately disallow such use.Excludes from prohibitions of this Act information exchanged through telecommunications connections using bi-directional communication with external associated equipment utilizing communication protocols that ensure that erroneous data or signals will not adversely affect or influence the operation of gaming devices connected to an accounting system if the information is used only to monitor gaming device play, display prize amounts, provide security information, or provide other accounting information transmitted among one or more Class II or Class III gaming facilities as defined by the Indian Gaming Regulatory Act.Exempts an interactive computer service from liability for: (1) the use of its facilities or services by another person to engage in Internet gambling; or (2) content provided by another person that advertises or promotes an unauthorized gambling activity.

A bill to prohibit Internet gambling.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Link Act of 2013''. SEC. 2. ESTABLISHMENT OF MEDICARE LINK PROGRAM. (a) In General.--Title XVIII of the Social Security Act is amended by adding after section 1899A (42 U.S.C. 1395kkk) the following new section: ``medicare link program option ``Sec. 1899B. (a) In General.--The Secretary shall establish under this section a program (to be known as the `Medicare Link Program' and in this section referred to as the `Program') through which individuals who are entitled to enroll in a Medicare Advantage plan under part C but who are not enrolled in such a plan under such part are eligible to enroll with a Medicare Link contractor under this section. ``(b) Enrollment; Disenrollment.--The Secretary shall establish a process for the enrollment (and disenrollment) of eligible individuals with Medicare Link contractors under the Program which process shall be, to the maximum extent practicable, the same as (and coordinated with) the process for enrollment (and disenrollment) of individuals in Medicare Advantage plans under part C. ``(c) Qualification of Contractors; Awarding of Contracts.-- ``(1) In general.--In this section, the term `Medicare Link contractor' means a nongovernmental entity, that may be a Medicare Advantage organization, health plan, health insurance issuer, medicare administrative contractor, or other qualified third-party entity, that has entered into a contract with the Secretary with respect to one or more Medicare Link regions (as specified by the Secretary under paragraph (3)) for the offering of Medicare Link services (described in subsection (d)) to individuals residing in the region who enroll with the contractor under the Program. ``(2) Limitation; requirements.--For each such Medicare Link region, the Secretary shall select (and contract with) at least 1, and not more than 3, Medicare Link contractors for the offering of plans (in this section referred to as `Medicare Link plans') under this section. The Secretary shall seek to contract with at least 2 Medicare Link contractors within each Medicare Link region. A contract with a Medicare Link contractor may cover a multi-year period. ``(3) Specification of medicare link regions.--The Secretary shall define and specify Medicare Link regions (each in this section referred to as a `Medicare Link region') that, across all such regions, encompass all 50 States, the District of Columbia, and the territories. ``(4) Qualification of contractors.--The Secretary shall establish uniform qualifications for Medicare Link contractors based on their experience and qualifications to offer Medicare Link plans under this section and to provide additional services to individuals enrolled under such plans under this section and to provide for reduced expenditures under parts A and B. Contracts with Medicare Link contractors under this section shall be for periods similar to the contracts with MA organizations under part C and shall contain such terms and conditions as the Secretary shall specify. ``(5) Contracting authority.--Nothing in this section shall be construed as preventing a Medicare Link contractor from contracting with other entities in carrying out activities under this section, including the offering of Medicare Link plans under this section. ``(6) Bidding process.--In selecting Medicare Link contractors, the Secretary shall establish a bidding process similar to the process of bidding by medicare administrative contractors under section 1874A. ``(7) Contractor payments.--Medicare Link contractors with contracts under this section shall be paid, on a monthly basis, a per enrollee monthly service fee for the provision of services under the contract consistent with the provisions of paragraph (8). A portion of such fee (not to exceed 5 percent) may be subject to adjustment based on a contractor's performance on financial and quality benchmarks based upon pre- established measures specified by the Secretary. ``(8) Requirement for federal savings under contract.-- ``(A) In general.--Before entering into or renewing a contract with a Medicare Link contractor, the Secretary must determine (and the Chief Actuary of the Centers for Medicare & Medicaid Services must certify) that the terms of the contract are expected to yield average, net savings to the Medicare program under this title of not less than 5 percent per program enrollee in the Medicare Link region covered under the contract. ``(B) Computation.--Such savings shall be computed taking into account all effects on spending under this title, including any reductions in premiums and cost sharing or other incentives for enrollees under subsection (d), payments to Medicare Link contractors under the contract, and reductions in payments to medicare administrative contractors that would otherwise have been made under section 1874A. ``(C) Payments based on shared savings, adjusted for quality.--The contract shall be structured in a manner so that-- ``(i) subject to clause (ii), the payments to the contractor under paragraph (7) are computed to represent a proportion (as specified in the contract) of the net savings in excess of the minimum savings required under subparagraph (A); and ``(ii) such proportion may be increased under the contract based on a contractor's performance on quality benchmarks, based upon pre-established measures specified by the Secretary. ``(D) Guaranteed federal savings.--If the Secretary determines that a Medicare Link contractor, after a period of three consecutive years, does not maintain an average net savings to the Medicare program of at least 5 percent per program enrollee as required under subparagraph (A), the Medicare Link contractor shall remit to the Secretary a sum specified by the Secretary and related to the amount of the shortfall. ``(9) Savings validation audit.--The Secretary shall provide for the annual auditing of the financial records (including data relating to Medicare utilization and costs) of organizations offering Medicare Link plans under this section ``(10) GAO audit.--Every 3 years the Comptroller General of the United States shall conduct an audit of the Medicare Link program costs and program savings. Such report shall be submitted to the committees of the House of Representatives and of the Senate with jurisdiction over Medicare. ``(d) Services Under a Medicare Link Plan.-- ``(1) In general.--Each Medicare Link plan offered under this section-- ``(A) shall provide for care management services (described in paragraph (2)) and predictive modeling and risk prioritization (described in paragraph (3)) for individuals enrolled under the plan consistent with this subsection; ``(B) shall carry out the functions of medicare administrative contractors described in paragraph 1874A(a)(4); ``(C) shall provide a reduction or rebate in the premium otherwise applicable under part B (as determined without regard to section 1839(i)) to individuals so enrolled; and ``(D) may provide for a reduction in cost-sharing otherwise applicable to such individuals who use providers within a plan network. ``(2) Care management services.-- ``(A) Required.--The required care management services shall include clinical interventions to help coordinate care. ``(B) Optional.--Optional care management services may include interventions such as the following: ``(i) Prevention and wellness. ``(ii) Transitional and case management and other clinical programs. ``(iii) Chronic disease management. ``(iv) Advanced illness care initiatives. ``(v) Diabetes prevention programs. ``(vi) Transitional case management, for individuals discharged from a hospital or other health care institution. ``(vii) Nurse practitioner-led interventions (consistent with restrictions under applicable State law). ``(viii) Post-acute transition programs. ``(ix) High-risk case management. ``(x) Home-based primary care. ``(xi) Advanced illness transitional care. ``(xii) Operation of clinical management programs. ``(xiii) Management and development of provider networks. ``(xiv) Consumer engagement with decision support. ``(3) Predictive modeling and risk prioritization.--The predictive modeling and risk prioritization services described in this paragraph shall include the following: ``(A) Predictive modeling and high risk identification.--The use of claims data and trend data to predict which enrollees could benefit from the application of a clinical intervention or which might be high risk and in need of a care plan. ``(B) Prioritization of interventions.--Programs to identify, prioritize, and personalize care opportunities through a comprehensive profile of each enrollee. ``(4) Optional incentives and enrollee empowerment.-- ``(A) In general.--A Medicare Link contractor may use appropriate incentives to manage overall care for enrollees. The Secretary shall establish terms and conditions under which a Medicare Link contractor may elect to use optional incentives for its members. ``(B) Types of incentives.--The types of incentives that may be used include the following: ``(i) Healthy rewards.--Premium rebates and other incentives approved by the Secretary for enrollees to make healthier choices and actively engage in their health care. ``(ii) Member incentives to use quality network providers.--Reductions in beneficiary cost-sharing (and other incentives approved by the Secretary) for enrollees who use providers (which may be accountable care organizations) within a plan network in order to reward quality, efficient care. ``(iii) Cost estimator tools.--Providing beneficiaries with tools designed to help them simplify the evaluation of health care costs through cost estimates for different treatment options. ``(5) Application of ma grievance and appeals procedures.-- In accordance with regulations, the provisions of part C insofar as they apply to grievances and appeals, shall apply to Medicare Link plans and enrollees under this section in a manner similar to how such provisions apply to MA plans under such part. ``(e) Maintenance of Current Benefits; Contractor Not at Financial Risk for Original Fee-for-Service Benefits.-- ``(1) No change in medicare covered items and services or limitation on supplemental plans.--Medicare Link plans shall provide for coverage of the same items and services that are covered under parts A and B. Nothing in this section shall be construed as preventing an individual enrolled under a Medicare Link plan from purchasing a medicare supplemental policy (described in section 1881) or other supplemental coverage outside of a Medicare Link plan. ``(2) No change in payments to providers.-- ``(A) In general.--Subject to subparagraph (B), nothing in this section shall be construed as authorizing a payment level to a provider of services or supplier for Medicare covered services that is other than the payment level otherwise applicable under part A or B for such services. ``(B) Negotiation of rates permitted.--A Medicare Link contractor may negotiate with providers of services and suppliers payment rates that are less or greater than the payment rates referred to in subparagraph (A). ``(3) Contractor not at financial risk.--A Medicare Link contractor shall not be at financial risk with respect to the coverage or payment for Medicare services covered under parts A and B. But the Secretary may provide financial incentives for contractors that are able to reduce Medicare expenditures for such services below benchmark levels (specified by the Secretary) that reasonably represent the levels of payments that would be made (with respect to individuals enrolled under a Medicare Link plan) if such individuals were not so enrolled.''.

Medicare Link Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to establish a Medicare Link Program through which individuals entitled to enroll in a Medicare Advantage (MA) plan under Medicare part C (Medicare+Choice), but who are not enrolled in one, are eligible to enroll with a nongovernmental Medicare Link contractor which shall provide: (1) a specified variety of optional care management services as well as coverage of the same items and services covered under Medicare parts A and B, and (2) a reduction or rebate in the premium otherwise applicable under Medicare part B as well as in cost-sharing.

Medicare Link Act of 2013

SECTION 1. PAYMENT FOR LONG-TERM CARE HOSPITAL SERVICES. (a) Long-Term Care Hospital Payment Adjustments.-- (1) In general.--Section 1886(m) of the Social Security Act (42 U.S.C. 1395ww(m)) is amended by adding at the end the following new paragraph: ``(6) High episode efficient case and episode outlier case payment adjustments.-- ``(A) Establishment of episode efficient case payment adjustments.--In making payment under the system described in paragraph (1) to a long-term care hospital described in subsection (d)(1)(B)(iv)(I), for discharges occurring in rate years beginning on and after October 1, 2011, the Secretary shall make payment adjustments-- ``(i) under clause (ii) of subparagraph (C) for cases identified as meeting or exceeding the fixed high episode efficient case threshold under clause (i) of such subparagraph; and ``(ii) under clause (ii) of subparagraph (D) for cases identified as meeting or below the episode outlier case threshold under clause (i) of such subparagraph. ``(B) Determination of episode efficient cases.-- For the rate year beginning on and after October 1, 2011, the Secretary shall adopt rules which identify the predicted probability of those Medicare beneficiaries admitted as inpatients to long-term care hospitals from a subsection (d) hospital for whom the payment for services received during an episode of hospital care (as defined in subparagraph (G)) is predicted to be less than if they had remained in the subsection (d) hospital (in this paragraph referred to as `episode efficient cases'). The rules for determining episode efficient cases shall identify the characteristics of individuals while they were an inpatient in a subsection (d) hospital, including their length of stay, number of diagnoses, number of medical procedures, and the number of days of care provided in an intensive care or cardiac care unit. Such characteristics shall be determined by the Secretary to be characteristics for which information is usually available to long-term care hospitals before the admission of an individual to a long-term care hospital. ``(C) High episode efficient cases.-- ``(i) Threshold.--Subject to subparagraph (F), the Secretary shall establish from year to year fixed high episode efficient case thresholds which identify Medicare beneficiaries discharged from long-term care hospitals with the highest 10 percent probability of being episode efficient cases. ``(ii) High episode efficient case payment adjustment.--The Secretary shall annually establish, consistent with subparagraph (E), the payment adjustment under this clause for cases which meet or exceed the applicable fixed high episode efficient case threshold established under clause (i). Such payment adjustment shall be a per discharge incentive payment, expressed as a percentage of the amount payable under the system under paragraph (1), which shall be made in addition to the amount payable for the long-term care hospital under such system. ``(D) Episode outlier case.-- ``(i) Threshold.--Subject to subparagraph (F), the Secretary shall establish from year to year episode outlier case thresholds at the percentage of predictive probability which identify Medicare beneficiary discharges the Secretary determines to have the lowest 10 percent probability of being episode efficient cases. In every year (after the first year in which this paragraph applies), the Secretary shall maintain such episode outlier case threshold, except that in any year the Secretary shall, if necessary, reduce the episode outlier case threshold so that no more than 10 percent of Medicare beneficiaries discharged from long-term care hospitals are subject to the episode outlier case payment adjustment under clause (ii). ``(ii) Episode outlier case payment adjustment.--The payment adjustment under this clause for cases which are classified at or below the applicable episode outlier case threshold under clause (i) shall be the lesser of the amount payable under the system under paragraph (1) or 80 percent of the long-term care hospital's reasonable cost for each such Medicare patient discharge determined under section 1861(v)(1)(A). A long-term care hospital shall not be subject to the episode outlier case payment adjustment under this clause for more than 15 percent of Medicare beneficiaries who were discharged from the hospital in a rate year. ``(E) Budget neutrality.--The Secretary shall prospectively adjust the aggregate prospective payment adjustments for high episode efficient cases under subparagraph (C)(ii) for a year so that it is equal to the projected aggregate prospective payment adjustments for episode outlier cases under subparagraph (D)(ii) for that year. ``(F) Establishment of separate thresholds for certain geographic areas.--The Secretary-- ``(i) shall establish separate high episode efficient case and episode outlier case thresholds under subparagraphs (C)(i) and (D)(i) for long-term care hospitals located in a rural area; ``(ii) shall establish separate high episode efficient case and episode outlier case thresholds under such subparagraphs for long- term care hospitals located in urban areas for beneficiaries discharged from a subsection (d) hospital which accounts for more than 25 percent of the Medicare beneficiaries discharged from subsection (d) hospitals in a Metropolitan Statistical Area; ``(iii) the episode outlier thresholds set under subparagraphs (C)(i) and (D)(i) shall be established at a level no higher than the lowest 5 percent probability of being episode efficient cases; and ``(iv) may consider such other geographic factors as the Secretary determines to be appropriate in establishing such thresholds. ``(G) Episode of hospital care defined.--In this paragraph, the term `episode of hospital care' means the combined inpatient stay of a Medicare beneficiary discharged from a subsection (d) hospital and subsequently admitted to a long-term care hospital within a time period specified by the Secretary. ``(H) Review of data.--The Secretary shall provide long-term care hospitals with an opportunity to review data used to determine the classification of Medicare beneficiaries within the fixed high episode efficient case threshold and the episode outlier case threshold under this paragraph. ``(I) Medicare beneficiary defined.--In this paragraph, the term `Medicare beneficiary' means an individual entitled to benefits under part A.''. (b) No Application of 25 Percent Patient Threshold Payment Adjustment to Any Long-Term Care Hospital.--The Secretary of Health and Human Services shall not apply sections 412.534 or 412.536 of title 42, Code of Federal Regulations or any similar provision, with respect to discharges in rate years beginning on or after July 1, 2012. (c) No Application of One-Time Payment Adjustment to Any Long-Term Care Hospital.--The Secretary of Health and Human Services shall not make the one-time prospective payment adjustment to long-term care hospital prospective payment rates provided for in section 412.523(d)(3) of title 42, Code of Federal Regulations, or any similar provision. (d) No Application of Very Short-Stay Outlier Policy.--The Secretary of Health and Human Services shall not apply the amendments to the short-stay outlier payment provision for long-term care hospitals contained in section 412.529(c)(3)(i) of title 42, Code of Federal Regulations as finalized on May 11, 2007 (72 Federal Register 26904, 26992), or any similar provision. (e) Two-Year Moratorium on the Establishment of Long-Term Care Hospitals, Long-Term Care Satellite Facilities and on the Increase of Long-Term Care Hospital Beds in Existing Long-Term Care Hospitals or Satellite Facilities.-- (1) In general.--In the case of a long-term care hospital described in subsection (d)(1)(B)(iv)(I) of section 1886(m) of the Social Security Act (42 U.S.C. 1395ww(m)), there shall be a 2-year moratorium (beginning on December 29, 2012) on the establishment of new long-term care hospitals or satellite facilities and, subject to paragraph (2), on the increase in beds in existing long-term care hospitals or satellite facilities. For the purposes of this subsection, the term ``existing'' means, a hospital or satellite facility that received payment under the provisions of subpart O of part 412 of title 42, Code of Federal Regulations, as of the date of the enactment of this Act. (2) Exception.--A long-term care hospital which submitted plans to a State on or before January 1, 2009, to rebuild a hospital to comply with the seismic code requirements of a State, may expand its bed complement by no more than 10 beds upon approval by the State.

Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services (HHS), in making payment under the prospective payment system (PPS) to certain long-term care (LTC) hospitals for discharges in rate years beginning on and after October 1, 2011, to make payment adjustments for cases identified as: (1) meeting or exceeding the fixed high episode efficient case threshold, and (2) meeting or below the episode outlier case threshold. Directs the Secretary to adopt rules which identify the predicted probability of those Medicare beneficiaries admitted as inpatients to LTC hospitals from a subsection (d) hospital for whom the payment for services received during an episode of hospital care is predicted to be less than if they had remained in the subsection (d) hospital (episode efficient cases). (Generally, a subsection [d] hospital is an acute care hospital particularly one that receives payments under Medicare's inpatient PPS when providing covered inpatient services to eligible beneficiaries.) Directs the Secretary to: (1) establish separate thresholds for high episode efficient cases (Medicare beneficiary discharges with the highest 10% probability of being episode efficient cases) and episode outlier cases (Medicare beneficiary discharges with the lowest 10% probability of being episode efficient cases) for LTC hospitals located in a rural area, and (2) establish separate high episode efficient case and episode outlier case thresholds for LTC hospitals located in urban areas for beneficiaries discharged from a subsection (d) hospital which accounts for more than 25% of the Medicare beneficiaries discharged from subsection (d) hospitals in a Metropolitan Statistical Area. Establishes a two-year moratorium, beginning December 29, 2012, on the establishment of new LTC hospitals and LTC satellite facilities and on the increase in beds in existing LTC hospitals or satellite facilities.

To amend title XVIII of the Social Security Act with respect to Medicare payment for long-term care hospital services.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sports Relocation Reform Act of 1996''. SEC. 2. RELOCATION OF CERTAIN TEAMS. (a) Definitions.--For purposes of this section-- (1) the term `home territory' means the geographic metropolitan area within which a member team operates and plays the majority of its home games; (2) the term `interested party' includes, with respect to a member team-- (A) any political subdivision of a State that provides, or has provided, financial assistance, including tax abatement, for facilities (including a stadium or arena) in which the member team plays; (B) a representative of the political subdivision with jurisdiction over the geographic area in which the stadium or arena of the member team is located; (C) a member team; (D) the owner or operator of a stadium or arena of a member team; and (E) any other person who is determined by the sports league of the member team to be an affected party; (3) the term `member team' means a team of professional athletes-- (A) organized to play professional football, basketball, or hockey; and (B) that is a member of a professional sports league; (4) the term `person' means any individual, partnership, corporation, or unincorporated association, any combination or association thereof, or any State or political subdivision of a State; (5) the term `professional sports league' means an association that-- (A) is composed of 2 or more member teams; (B) regulates the contests and exhibitions of its member teams; and (C) has been engaged in competition in a particular sport for a period of more than 7 years; and (6) the terms `stadium' and `arena' mean the principal physical facility within which a member team has played the majority of its home games. (b) Establishment of Rule.-- (1) In general.--Subject to the requirements set forth in this section, any professional sports league may establish a rule-- (A) authorizing the membership of that league to decide whether or not a member team of that league may be relocated outside of the home territory of that member team; and (B) requiring that any person seeking to change the home territory of that member team obtain the approval of the appropriate professional sports league. (2) Inapplicability of antitrust laws.--Notwithstanding any other provision of law, the antitrust laws shall not apply to the enforcement or application by a professional sports league of any rule established pursuant to paragraph (1). (c) Procedural Requirements.-- (1) Request for approval.-- (A) In general.--Not later than 210 days before the commencement of the season in which a member team proposes to play in a new location, any person seeking to change the home territory of that member team shall submit a request for approval of the proposed change to the appropriate professional sports league. (B) Requirements.--Each request for approval submitted under subparagraph (A) shall-- (i) be in writing; (ii) be delivered in person or by certified mail to each interested party by not later than 30 days after submission to the appropriate professional sports league under subparagraph (A); (iii) be made available by the date specified in clause (ii) to the news media; (iv) be published by the date specified in clause (iii) in 1 or more newspapers of general circulation within the home territory of the member team; and (v) contain-- (I) an identification of the proposed location of the member team; (II) a summary of the reasons for the change in home territory based on the criteria described in paragraph (2)(B); and (III) the date on which the proposed change would become effective. (2) Procedures.-- (A) Establishment.--Each professional sports league shall establish rules and procedures for approving or disapproving requests submitted under paragraph (1), that shall-- (i) include criteria to be considered and taken as a whole by the professional sports league in approving or disapproving such requests; and (ii) be made available upon request to any interested party. (B) Criteria to be considered.--The criteria described in subparagraph (A)(i) shall include-- (i) the extent to which fan loyalty to and support for the member team has been demonstrated, through attendance, ticket sales, and television ratings, during the tenure of the member team in the home territory; (ii) the degree to which the member team has engaged in good faith negotiations with appropriate persons concerning the terms and conditions under which the member team would continue to play its games in the home territory of the member team; (iii) the degree to which the ownership or management of the member team has contributed to any circumstance that might demonstrate the need for the relocation of the member team; (iv) the extent to which the member team has, directly or indirectly, received public financial support by means of any publicly financed playing facility, rent abatement, special tax treatment, any other form of public financial support, any other public benefits not generally available to businesses as a whole within the jurisdiction, and the extent to which such support continues; (v) the adequacy of the stadium or arena of the member team, and the willingness of the stadium or arena authority and the local government to remedy any deficiencies in the stadium or arena; (vi) whether the member team has incurred net operating losses, exclusive of depreciation or amortization, sufficient to threaten the continued financial viability of the member team; (vii) whether any other member team in the professional sports league is located in the home territory of the member team; (viii) whether the member team proposes to relocate to a territory in which no other member team in the professional sports league is located; (ix) whether the stadium or arena authority, if public, is opposed to the relocation; (x) the effect that relocation would have on contracts, agreements, or understandings between the member team and public and private parties; and (xi) any other criteria considered to be appropriate by the professional sports league. (3) Hearings.--In determining whether to approve or disapprove a proposed request submitted under paragraph (1), the professional sports league shall-- (A) conduct a hearing at which interested parties shall be afforded an opportunity to submit written testimony and exhibits; and (B) keep a written record of that hearing and any testimony and exhibits submitted under subparagraph (A). (d) Judicial Review.-- (1) In general.--A decision by a professional sports league to approve or disapprove a request submitted under paragraph (c)(1) may only be reviewed in a civil action filed by an interested party in accordance with this subsection. (2) Venue.-- (A) In general.--Except as provided in subparagraph (B), an action under this subsection may be filed only in the United States District Court for the District of Columbia. (B) Exception.--If the home territory of the member team or the proposed home territory of the member team is located within a 50-mile radius of the District of Columbia, an action under this subsection may be filed only in the United States District Court for the Southern District of New York. (3) Time.-- (A) Filing.--An action under this subsection shall be filed not later than 14 days after the date of the formal vote of the professional sports league approving or disapproving the proposed relocation. (B) Review.--Not later than 30 days after the filing of the action in accordance with subparagraph (A), the district court shall issue an order with respect to that action. (4) Standard of review.--The scope of judicial review in any action under this subsection shall be limited to a determination of whether-- (A) in deciding whether to approve or disapprove a proposed relocation, the professional sports league failed to comply with this section; and (B) the decision of the professional sports league to approve or disapprove a proposed relocation was arbitrary or capricious. (5) Relief granted by court.-- (A) In general.--In any action under this subsection, if the district court makes a determination described in subparagraph (A) or (B) of paragraph (4), the court shall-- (i) remand the matter for further consideration by the professional sports league; and (ii) enjoin any relocation of the member team at issue until the professional sports league has reconsidered the matter in accordance with the order of the court under this paragraph. (B) Limitation of court.--The court may not grant any relief in any action under this subsection other than enjoining or approving enforcement of the decision by the professional sports league to approve or disapprove a request submitted under paragraph (c)(1). (C) Prohibition of multiple lawsuits by other interested parties.--An interested party shall have a right of intervention in a civil action described in paragraph (1), but may not file an additional civil action after the initial civil action has been filed.

Sports Relocation Reform Act of 1996 - Authorizes any U.S. professional sports league to establish a rule: (1) authorizing the league membership to decide whether or not a member team may be relocated; and (2) requiring that any person seeking to change the home territory of a member team obtain league approval. Makes the antitrust laws inapplicable to the enforcement or application of any such rules. Outlines procedural requirements for requests for approval of a proposed relocation, requiring each league to establish rules and procedures governing such requests. Outlines criteria to be considered during such process, including fan loyalty and the extent to which the requesting team has entered into good faith negotiations of terms and conditions required to continue to play in the current territory. Requires the league to conduct hearings in which interested parties are afforded an opportunity to submit written testimony and exhibits. Provides for judicial review through a civil action filed in the U.S. District Court for the District of Columbia, with an exception for a team located in the District of Columbia area. Authorizes such Court to remand the matter for further consideration by the league and enjoin any relocation until the league has completed such reconsideration. Prohibits multiple lawsuits by other interested parties.

Sports Relocation Reform Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Health Protection and Improvement Act of 2004''. SEC. 2. CHANGES TO RULES FOR REDISTRIBUTION AND EXTENDED AVAILABILITY OF 1998 THROUGH 2004 SCHIP ALLOTMENTS. Section 2104(g) of the Social Security Act (42 U.S.C. 1397dd(g)), as amended by Public Law 108-74 (117 Stat. 892), is amended-- (1) in the subsection heading by striking ``, 1999, 2000, and 2001'' and inserting ``Through 2004''; and (2) in paragraph (1)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i)-- (I) by inserting ``or for fiscal year 2002 by the end of fiscal year 2004, or for fiscal year 2003 by the end of fiscal year 2005, or for fiscal year 2004 by the end of fiscal year 2006,'' after ``fiscal year 2003,''; and (II) by striking ``or 2001'' and inserting ``2001, 2002, 2003, or 2004''; (ii) in clause (i)-- (I) in subclause (III), by striking ``or'' at the end; (II) in subclause (IV), by striking the period at the end and inserting a semicolon; and (III) by adding at the end the following: ``(V) the fiscal year 2002 allotment, the amount specified in subparagraph (E)(i) (less the total of the amounts under clause (ii) for such fiscal year), multiplied by the ratio of the amount specified in subparagraph (E)(ii) for the State to the amount specified in subparagraph (E)(iii); ``(VI) the fiscal year 2003 allotment, the amount specified in subparagraph (F)(i) (less the total of the amounts under clause (ii) for such fiscal year), multiplied by the ratio of the amount specified in subparagraph (F)(ii) for the State to the amount specified in subparagraph (F)(iii); or ``(VII) the fiscal year 2004 allotment, the amount specified in subparagraph (G)(i) (less the total of the amounts under clause (ii) for such fiscal year), multiplied by the ratio of the amount specified in subparagraph (G)(ii) for the State to the amount specified in subparagraph (G)(iii).''; and (iii) in clause (ii), by striking ``or 2001'' and inserting ``2001, 2002, 2003, or 2004''; (B) in subparagraph (B)-- (i) in clause (ii), by inserting ``but subject to paragraph (4)'' after ``subsection (e)''; (ii) in clause (iii)-- (I) by inserting ``but subject to paragraph (4)'' after ``subsection (e)''; and (II) by striking ``and'' at the end; (iii) by redesignating clause (iv) as clause (vii); and (iv) by inserting after clause (iii), the following: ``(iv) notwithstanding subsection (e) but subject to paragraph (4), with respect to fiscal year 2002, shall remain available for expenditure by the State through the end of fiscal year 2006; ``(v) notwithstanding subsection (e), with respect to fiscal year 2003, shall remain available for expenditure by the State through the end of fiscal year 2007; and ``(vi) with respect to fiscal year 2004, subsection (e) shall apply; and''; and (C) by adding at the end the following: ``(E) Amounts used in computing redistributions for fiscal year 2002.--For purposes of subparagraph (A)(i)(V)-- ``(i) the amount specified in this clause is the amount specified in paragraph (2)(B)(i)(I) for fiscal year 2002, less the total amount remaining available pursuant to paragraph (2)(A)(v); ``(ii) the amount specified in this clause for a State is the amount by which the State's expenditures under this title in fiscal years 2002, 2003, and 2004 exceed the State's allotment for fiscal year 2002 under subsection (b); and ``(iii) the amount specified in this clause is the sum, for all States entitled to a redistribution under subparagraph (A) from the allotments for fiscal year 2002, of the amounts specified in clause (ii). ``(F) Amounts used in computing redistributions for fiscal year 2003.--For purposes of subparagraph (A)(i)(VI)-- ``(i) the amount specified in this clause is the amount specified in paragraph (2)(B)(i)(I) for fiscal year 2003, less the total amount remaining available pursuant to paragraph (2)(A)(vi); ``(ii) the amount specified in this clause for a State is the amount by which the State's expenditures under this title in fiscal years 2003, 2004, and 2005 exceed the State's allotment for fiscal year 2003 under subsection (b); and ``(iii) the amount specified in this clause is the sum, for all States entitled to a redistribution under subparagraph (A) from the allotments for fiscal year 2003, of the amounts specified in clause (ii). ``(G) Amounts used in computing redistributions for fiscal year 2004.--For purposes of subparagraph (A)(i)(VII)-- ``(i) the amount specified in this clause is the amount specified in paragraph (2)(B)(i)(I) for fiscal year 2004, less the total amount remaining available pursuant to paragraph (2)(A)(vii); ``(ii) the amount specified in this clause for a State is the amount by which the State's expenditures under this title in fiscal years 2004, 2005, and 2006 exceed the State's allotment for fiscal year 2004 under subsection (b); and ``(iii) the amount specified in this clause is the sum, for all States entitled to a redistribution under subparagraph (A) from the allotments for fiscal year 2004, of the amounts specified in clause (ii).''; (3) in paragraph (2)-- (A) in the paragraph heading by striking ``2001'' and inserting ``2004''; and (B) in subparagraph (A)-- (i) in clause (i), by striking ``Of'' and inserting ``Subject to paragraph (4), of''; (ii) in clause (ii), by striking ``Of'' and inserting ``Subject to paragraph (4), of''; (iii) in clause (iii), by striking ``Of'' and inserting ``Subject to paragraph (4), of''; (iv) in clause (iv), by striking ``Of'' and inserting ``Subject to paragraph (4), of''; and (v) by adding at the end the following: ``(v) Fiscal year 2002 allotment.--Subject to paragraph (4), of the amounts allotted to a State pursuant to this section for fiscal year 2002 that were not expended by the State by the end of fiscal year 2004, 50 percent of that amount shall remain available for expenditure by the State through the end of fiscal year 2006. ``(vi) Fiscal year 2003 allotment.--Of the amounts allotted to a State pursuant to this section for fiscal year 2001 that were not expended by the State by the end of fiscal year 2005, 50 percent of that amount shall remain available for expenditure by the State through the end of fiscal year 2007. ``(vii) Fiscal year 2004 allotment.--Of the amounts allotted to a State pursuant to this section for fiscal year 2004 that were not expended by the State by the end of fiscal year 2006, 50 percent of that amount shall remain available for expenditure by the State through the end of fiscal year 2007.''; (4) in paragraph (3)-- (A) by striking ``or fiscal year 2001'' and inserting ``fiscal year 2001, fiscal year 2002, fiscal year 2003, or fiscal year 2004,''; and (B) by striking ``or November 30, 2003,'' and inserting ``November 30, 2003, November 30, 2004, November 30, 2005, or November 30, 2006,''; and (5) by adding at the end the following: ``(4) Additional extended availability of fiscal years 1998 through 2002 allotments.-- ``(A) Fiscal year 1998, 1999, and 2000 allotments.--With respect to any amounts allotted to a State pursuant to this section for fiscal years 1998, 1999, or 2000 that were redistributed to a State under paragraph (1), or whose availability to a State was extended through the end of fiscal year 2004 under paragraph (2), that were not expended by the State by the end of fiscal year 2004, the following rules shall apply: ``(i) 30 percent of such amounts shall remain available for expenditure by the State through the end of fiscal year 2007. ``(ii) The remainder of such amounts shall be redistributed to States that have fully expended the amount of their fiscal year 2002 allotments under this section in the same ratio as unexpended fiscal year 2002 allotments are redistributed under paragraph (1)(A)(i)(V) to such States and the amounts redistributed under this clause shall remain available for expenditure through the end of fiscal year 2007. ``(B) Fiscal year 2001 allotments.--With respect to any amounts allotted to a State pursuant to this section for fiscal year 2001 that were redistributed to a State under paragraph (1), or whose availability to a State was extended through the end of fiscal year 2005 under paragraph (2), that were not expended by the State by the end of fiscal year 2005, the following rules shall apply: ``(i) 30 percent of such amounts shall remain available for expenditure by the State through the end of fiscal year 2007. ``(ii) The remainder of such amounts shall be redistributed to States that have fully expended the amount of their fiscal year 2003 allotments in the same ratio as unexpended fiscal year 2003 allotments are redistributed under paragraph (1)(A)(i)(VI) to such States and the amounts redistributed under this clause shall remain available for expenditure through the end of fiscal year 2007. ``(C) Fiscal year 2002 allotments.--With respect to any amounts allotted to a State pursuant to this section for fiscal year 2002 that were redistributed to a State under paragraph (1), or whose availability to a State was extended through the end of fiscal year 2006 under paragraph (2), that were not expended by the State by the end of such fiscal year, the following rules shall apply: ``(i) 30 percent of those amounts shall remain available for expenditure by the State through the end of fiscal year 2007. ``(ii) The remainder of such amounts shall be redistributed to States that have fully expended the amount of their fiscal year 2004 allotments in the same ratio as unexpended fiscal year 2004 allotments are redistributed under paragraph (1)(A)(i)(VII) to such States and the amounts redistributed under this clause shall remain available for expenditure through the end of fiscal year 2007.''. SEC. 3. CONTINUED AUTHORITY FOR QUALIFYING STATES TO USE CERTAIN FUNDS FOR MEDICAID EXPENDITURES. Section 2105(g)(1)(A) of the Social Security Act (42 U.S.C. 1397ee(g)(1)(A)), as added by Public Law 108-74 (117 Stat. 895) and amended by Public Law 108-127 (117 Stat. 134), is amended by striking ``or 2001'' and inserting ``2001, 2002, 2003 or 2004''.

Children's Health Protection and Improvement Act of 2004 - Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to revise the extended availability through FY 2004 of SCHIP allotments for FY 1998 through 2001. Specifies formulae for amounts to be used in computing redistributions for FY 2003, 2003, and 2004. Provides for reallocation of 70 percent of the expiring FY 1998, 1999, and 2000 funds to States that have fully expended their annual allotments. Extends the availability of the remaining 30 percent of such expiring funds with the States that currently have them. Permits 50 percent of the total amount of a State's unexpended FY 2002 SCHIP allotments to remain available through FY 2006. Permits 50 percent of the total amount of a State's unexpended FY 2003 and 2004 SCHIP allotments to remain available through the end of FY 2007. Requires redistribution of the other 50 percent of such funds to States that have fully spent their allotments during the three-year period they were available. Requires a second redistribution according to the same 70-30 formula of any retained or redistributed funds still unexpended at the end of the two-year extention or redistribution. Provides for continued authority for qualifying States to use certain funds for Medicaid expenditures.

To amend title XXI of the Social Security Act to modify the rules relating to the availability and method of redistribution of unexpended SCHIP allotments, and for other purposes.

SECTION 1. DEFINITIONS. As used in this Act: (1) Disability.--The term ``disability'' has the same meaning given to such term by section 3(2) of the Americans with Disabilities Act of 1990. (2) Educational organization.--The term ``educational organization'' means any organization or entity that is engaged in the business of providing educational programs to minors for a fee. Such term does not include a local educational agency, an elementary school, a secondary school, an organization sponsored by an elementary or secondary school, a recreational organization, or a social club. (3) Elementary school.--The term ``elementary school'' has the same meaning given to such term by section 1471(8) of the Elementary and Secondary Education Act of 1965. (4) Educational program.--The term ``educational program'' means a program, service, activity or seminar which has as its primary function the presentation of formal instruction, is offered away from a student's regular place of school attendance, includes at least one supervised night away from home, and is intended to enhance a student's regular course of study. Such term does not include a recreational program, or a social or religious activity. (5) Local educational agency.--The term ``local educational agency'' has the same meaning given to such term by section 1471(12) of the Elementary and Secondary Education Act of 1965. (6) Minor.--The term ``minor'' means an individual who has not attained the age of 18. (7) Parent.--The term ``parent'' includes a legal guardian or other person standing in loco parentis. (8) Secondary school.--The term ``secondary school'' has the same meaning given to such term by section 1471(21) of the Elementary and Secondary Education Act of 1965. (9) Membership organization.--The term ``membership organization'' includes any organization that maintains a membership list or collects dues or membership fees from its members. (10) Recreational organization.--The term ``recreational organization'' includes any organization or entity that has as its primary function pleasure, amusement, or sports activities. (11) Recreational programs.--The term ``recreational programs'' includes any activity or service that is intended as an entertainment pastime. SEC. 2. DISCLOSURE REQUIREMENTS. Each educational organization, prior to accepting funds for the cost of a minor's participation in an educational program operated by such organization, shall disclose the following information in written form to the minor or the minor's parent: (1) Method of solicitation and selection.--The method of solicitation and selection of participants in the educational program, including-- (A) the origin of any mailing list used for such solicitation and selection; (B) any recruitment through teacher or school personnel, including any enticements offered to such teacher or personnel for the recommendation of a minor for participation in the educational program; (C) any open enrollment activity, including the method of outreach; and (D) any cooperation with, or sponsorship by, a membership organization, including a description of the cooperation or sponsorship and the name of each such organization. (2) Costs and fees.--Information regarding the cost of the educational program and information regarding the distribution of any enrollment fee, including-- (A) the amount paid for, and the percentage of the total educational program cost of, each feature of the educational program, including-- (i) food; (ii) lodging; (iii) transportation; (iv) program staffing; (v) textbooks, syllabi, or other scholastic educational program materials; (vi) speaker fees; and (vii) administrative expenses, including expenses related to-- (I) the preparation of non- scholastic educational program materials; (II) the provision of financial assistance; (III) mailing list rental or other recruitment activity; and (IV) administrative salaries and consulting fees; (B) the identity of the organization or business providing each of the features described in clauses (i) through (vii) of subparagraph (A); and (C) the nature of any relationship of any board member, officer, or employee of the educational organization to any organization or business described in subparagraph (B), including the salary or other compensation paid by such organization or business to such Board member, officer, or employee. SEC. 3. NONDISCRIMINATORY ENROLLMENT AND SERVICE POLICY. (a) In General.--Each educational organization shall include a verifiable statement on all enrollment or recruitment material that the educational organization does not-- (1) fail or refuse to hire, or discharge, any individual, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment; or (2) exclude any student from participation in an educational program, discriminate against any student in providing the benefits associated with such program (including any scholarship or financial assistance, and use of any facility), or subject the student to discrimination under such program, on the basis of race, disability, or residence in a low-income area. (b) Construction.--Nothing in this section shall be construed to entitle a student to-- (1) participation in an educational program or any benefit associated with such program; or (2) a waiver of any fee charged for such participation or benefit. SEC. 4. ENFORCEMENT. (a) In General.--The Secretary of Education shall monitor compliance with the provisions of this Act. (b) Civil Penalty.--If an educational organization knowingly violates any provision of this Act, the Secretary of Education, after notice and opportunity for hearing, may impose on such organization a civil fine of not more than $1,000 for each such violation.

Requires educational organizations that offer educational programs to minors for a fee to disclose certain information in written form to the minor or the minor's parent before accepting funds for the cost of the minor's participation in such a program. (Excludes from the definition of educational organization a local educational agency, an elementary or secondary school or organization sponsored by such a school, a recreational organization, or a social club.) Requires each such educational organization to include a verifiable statement of nondiscriminatory enrollment and employment policy on all enrollment or recruitment material. Directs the Secretary of Education to monitor compliance with this Act. Authorizes imposition of civil fines for violations.

A bill to require that educational organizations that offer educational programs to minors for a fee disclose certain information.

SECTION 1. SHORT TITLE. This Act may be cited as the ``IMF Reform and Integrity Act''. SEC. 2. OPPOSITION OF THE UNITED STATES TO FINANCIAL PARTICIPATION BY THE INTERNATIONAL MONETARY FUND IN FOREIGN-LED AGREEMENTS. The Bretton Woods Agreements Act (22 U.S.C. 286-286xx) is amended by adding at the end the following: ``SEC. 73. OPPOSITION OF THE UNITED STATES TO FINANCIAL PARTICIPATION BY THE INTERNATIONAL MONETARY FUND IN FOREIGN-LED AGREEMENTS. ``The Secretary of the Treasury shall instruct-- ``(1) the United States Executive Director at the Fund-- ``(A) to use the voice and vote of the United States to oppose the provision by the Fund of financing, including the disbursement of financing approved before the enactment of this section, in conjunction with financing to be provided by a multilateral organization of which the United States is not a member if-- ``(i) the present value of the financing to be provided by the multilateral organization would exceed the present value of the financing to be provided by the Fund; or ``(ii) the obligation of the debtor with respect to the financing provided by the Fund is not explicitly made senior to the obligation of the debtor with respect to the financing provided by the multilateral organization; and ``(B) not later than 7 days after the approval by the Fund of any financing to which paragraph (1) applies, to transmit a certification to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate that the obligation of the debtor with respect to the financing provided by the Fund has been explicitly made senior to the obligation of the debtor with respect to the financing provided by the multilateral organization; and ``(2) the United States Governor of the Fund to use the voice and vote of the United States to oppose any proposal to make additional resources available to the Fund in the aggregate, or increase the quota of any member of the Fund who is a member of a multilateral organization of which the United States is not a member, if, during the 24 months before consideration of the proposal by the Board of Governors of the Fund-- ``(A) the Fund has approved the provision of, or disbursed, financing in conjunction with financing provided or to be provided by the multilateral organization, as described in paragraph (1); or ``(B) an obligation to the Fund resulting from such an approval or disbursement has not been repaid in full.''. SEC. 3. REPEAL OF THE NEW ARRANGEMENTS TO BORROW; RESCISSION OF FUNDS. (a) Repeal.-- (1) In general.--Section 17 of the Bretton Woods Agreements Act (22 U.S.C. 286e-2) is amended-- (A) by striking subsections (a), (b), (d), and (f); and (B) in subsection (c)-- (i) by striking ``(c)''; and (ii) by striking ``In addition to the amount authorized in subsection (b), there'' and inserting ``There''. (2) Conforming repeal.--Section 9001 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 (22 U.S.C. 286e-2 note; division K of Public Law 114- 113) is amended by striking paragraph (3). (b) Rescission.--The unobligated balances made available to carry out subsections (a) and (b) of section 17 of the Bretton Woods Agreements Act, as in effect before the enactment of this Act, are rescinded. SEC. 4. OPPOSITION OF THE UNITED STATES TO INTERNATIONAL MONETARY FUND LOAN TO A COUNTRY WHOSE PUBLIC DEBT IS NOT LIKELY TO BE SUSTAINABLE IN THE MEDIUM TERM. Section 68(a) of the Bretton Woods Agreements Act (22 U.S.C. 286tt(a)) is amended-- (1) in paragraph (2), by inserting after the comma the following: ``or a staff analytical report of the Fund states that there is not a high probability that the public debt of the country is sustainable in the medium term,''; and (2) by adding at the end the following: ``(3) Presidential waiver authority.--The President of the United States may waive paragraph (2) if the President provides a written certification to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Foreign Relations and Banking, Housing, and Urban Affairs of the Senate that the waiver is important to the national security interest of the United States, and includes with the certification a written statement of the reasons therefor.''. SEC. 5. CONGRESSIONAL NOTIFICATION WITH RESPECT TO EXCEPTIONAL ACCESS LENDING. The Bretton Woods Agreements Act (22 U.S.C. 286-286xx), as amended by section 2 of this Act, is amended by adding at the end the following: ``SEC. 74. CONGRESSIONAL NOTIFICATION WITH RESPECT TO EXCEPTIONAL ACCESS LENDING. ``The United States Executive Director at the International Monetary Fund may not support any proposal that would alter the criteria used by the Fund for exceptional access lending if the proposal would permit a country that is ineligible, before the proposed alteration, to receive exceptional access lending, unless, not later than 30 days before consideration of the proposal by the Board of Executive Directors of the Fund, the Secretary of the Treasury has submitted to the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate a report on the justification for the proposal and the effects of the proposed alteration on moral hazard and repayment risk at the Fund.''. SEC. 6. MONITORING AND TECHNICAL ASSISTANCE. Nothing in this Act shall be interpreted as requiring the opposition of the United States to the provision of monitoring, technical assistance, or advisory services by the International Monetary Fund.

IMF Reform and Integrity Act This bill amends the Bretton Woods Agreements Act to direct the United States to oppose: International Monetary Fund (IMF) financing in conjunction with financing by a multilateral organization of which the United States is not a member if such organization's financing would exceed the IMF's financing or the debtor's IMF obligation is not made explicitly senior to the debtor's obligation to the multilateral organization; any proposal to make additional resources available to the IMF or to increase the quota of any IMF member who is a member of a multilateral organization of which the United States is not a member if, during the previous 24 months, either the IMF has approved or disbursed financing in conjunction with financing provided by such multilateral organization or an obligation to the IMF from such approval or disbursement has not been fully repaid; any proposed IMF loan to a country about which an IMF staff analytical report finds no high probability that the country's public debt is sustainable in the medium term (currently, only if the proposed loan is not likely to be repaid in full); and any proposal that would alter IMF criteria for exceptional access lending such that an ineligible country would become eligible for such lending, unless the Department of the Treasury has submitted a justification for such proposal, including its effects on repayment risk. The bill cancels and rescinds certain deactivated IMF funds.

IMF Reform and Integrity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Job Creation Tax Act of 2010''. SEC. 2. EMPLOYER PAYROLL INCREASE CREDIT. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6433. EMPLOYER PAYROLL INCREASE CREDITS. ``(a) In General.--Each qualified employer shall be treated as having made a payment against the tax imposed by section 3111(a) or section 3221(a), whichever is applicable, for each qualified quarter an amount equal to the credit amount. ``(b) Credit Amount.-- ``(1) In general.--For purposes of this section, the credit amount with respect to any qualified quarter is equal to the applicable percentage of the qualified payroll increase of such employer for such qualified quarter. ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage with respect to any qualified quarter is-- ``(A) in the case of an employer that employs fewer than 100 employees during such quarter, 20 percent, and ``(B) in the case of an employer that employs 100 or more employees during such quarter, 15 percent. ``(c) Dollar Limitation.--The total credit amount with respect to any employer shall not exceed $500,000 for all qualified quarters. ``(d) Qualified Employer.--For purposes of this section, the term `qualified employer' means any American employer other than the United States, any State, or any instrumentality thereof. ``(e) Qualified Payroll Increase.--For purposes of this section-- ``(1) In general.--The term `qualified payroll increase' with respect to any qualified quarter means the amount, if any, by which a qualified employer's qualified payroll for such quarter exceeds the qualified payroll for such quarter of the calendar year preceding the year in which such qualified quarter falls. ``(2) Qualified payroll.--The term `qualified payroll' means the amount of all wages (within the meaning of section 3121(a)) paid or incurred by a qualified employer to the employees of such employer, except that, with respect to each such employee for any quarter of the employer, such wages shall be taken into account only to the extent that such wages do not exceed the contribution and benefit base as determined under section 230 of the Social Security Act. ``(3) Railway labor.--In the case of remuneration subject to the tax imposed by section 3221(a), paragraph (1) shall be applied by substituting `all compensation (within the meaning of section 3231(e))' for `all wages (within the meaning of section 3121(a))'. ``(4) Special rule for large employers.--In the case of an employer described in subsection (b)(2)(B), no qualified payroll increase shall be taken into account for any qualified quarter unless the qualified payroll increase with respect to such qualified quarter exceeds 3 percent of the qualified payroll for such quarter of the calendar year preceding the year in which such qualified quarter falls. ``(f) Qualified Quarter.--For purposes of this section, the term `qualified quarter' means-- ``(1) the calendar quarter which includes the date of the enactment of the Small Business Job Creation Tax Act of 2010, and ``(2) each of the 3 calendar quarters following such quarter. ``(g) Definitions.--Except as provided in subsection (h)(1), any term used in this section which is also used in section 3111 has the same meaning as when used in such section. ``(h) Special Rules.--For purposes of this section-- ``(1) Employee.--The term `employee' includes only individuals who are citizens or lawful residents of the United States who receive wages, remuneration, compensation, or tips from an employer for work performed within a State or a possession of the United States. ``(2) Maintenance of base employment requirement.--This section shall not apply to any qualified employer for any qualified quarter if the total number of employees of such employer during such quarter is less than the total number of such employees during the quarter preceding such quarter, determined by not taking into account any employee who is a seasonal employee during such preceding quarter. ``(3) Controlled groups.--All employers treated as a single employer under section (a) or (b) of section 52 shall be treated as a single employer for purposes of the dollar limitation under subsection (c), except that any employer which is not an American employer shall not be taken into account. ``(4) New employers.-- ``(A) In general.--In the case of a qualified employer which comes into existence after the date of the enactment of the Small Business Job Creation Tax Act of 2010 and before January 1, 2012-- ``(i) the term `qualified quarter' means-- ``(I) the first calendar quarter for which such qualified employer is in existence, and ``(II) each of the 3 quarters following such quarter, ``(ii) the qualified payroll increase of such employer for the quarter described in clause (i)(I) shall be equal to the amount of the employer's qualified payroll for such quarter, and ``(iii) the qualified payroll increase of such employer for any quarter described in clause (i)(II) shall be the amount, if any, by which the employer's qualified payroll for such quarter exceeds the qualified payroll of the quarter preceding such quarter. ``(B) Transition rule.-- ``(i) In general.--In the case of a qualified employer which comes into existence-- ``(I) after the last day of the calendar quarter which is 5 calendar quarters before the date of the enactment of the Small Business Job Creation Tax Act of 2010, and ``(II) before such date of enactment, the qualified payroll increase of such employer for any transition quarter shall be the amount, if any, by which the employer's qualified payroll for such quarter exceeds the qualified payroll of the quarter preceding such quarter. ``(ii) Transition quarter.--For purposes of clause (i), the term `transition quarter' means a qualified quarter with respect to which the qualified payroll increase cannot be determined under subsection (e)(1) solely because the employer was not in existence during such quarter of the calendar year preceding the year in which such qualified quarter falls.''. (b) 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. 6433. Employer payroll increase credits.''. (c) Notification.--Not later than 30 days after the date of the enactment of this Act, the Commissioner of Internal Revenue shall notify all employers required to withhold employment taxes under chapter 21 or 22 of the Internal Revenue Code of 1986 of the enactment and applicability of section 6433 of the Internal Revenue Code of 1986, as added by this Act. (d) Investigation and Report on Enforcement Actions.--Not later than 6 months after the date of the enactment of this Act, and quarterly thereafter, the Commissioner of Internal Revenue shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on the enforcement measures taken to prevent and penalize fraud related to section 6433 of the Internal Revenue Code of 1986, including such information as-- (1) general statistics related to the application of such section, (2) cases of fraud, and (3) the status of investigatory and prosecutorial actions related to such cases. (e) Effective Date.--The amendments made by subsections (a) and (b) shall apply to calendar quarters beginning with the calendar quarter which includes the date of the enactment of this Act.

Small Business Job Creation Tax Act of 2010 - Amends the Internal Revenue Code to allow employers a credit against payroll tax liability for a payroll increase in a quarter over a corresponding quarter in the previous calendar year. Sets the amount of such credit at 20% of such increase for employers that employ fewer than 100 employees and 15% for employers that employ 100 or more employees in any quarter. Limits the total credit amount available for all quarters to $500,000. Directs the Commissioner of Internal Revenue to: (1) notify all employers required to withhold employment taxes of the enactment and applicability of this Act; and (2) report to Congress on enforcement measures taken to prevent and penalize fraud related to the payroll credit allowed by this Act.

A bill to amend the Internal Revenue Code of 1986 to provide a temporary payroll increase tax credit for certain employers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Easy Voting Act of 2011''. SEC. 2. ESTABLISHING MINIMUM EARLY VOTING PERIOD FOR JURISDICTIONS CONDUCTING EARLY VOTING. (a) Minimum Period.--Subtitle A of title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended by inserting after section 303 the following new section: ``SEC. 303A. REQUIREMENTS FOR STATES PERMITTING EARLY VOTING. ``(a) Minimum Early Voting Period.--If a State permits individuals to cast ballots in an election for Federal office during a period that occurs prior to the date of the election in the same manner in which ballots are cast on the date of the election, the State shall ensure that such period includes the entire 14-day period (including Saturdays and Sundays) which ends on the date of the election. ``(b) Effective Date.--Each State shall be required to comply with the requirements of this section beginning January 1, 2012.''. (b) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (42 U.S.C. 15511) is amended by striking ``sections 301, 302, and 303'' and inserting ``subtitle A of title III''. (c) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 303 the following new item: ``Sec. 303A. Requirements for States permitting early voting''. SEC. 3. PROHIBITING STATES FROM REQUIRING STATE-ISSUED IDENTIFICATION AS CONDITION FOR VOTING OR REGISTERING TO VOTE. (a) Prohibition.--Subtitle A of title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.), as amended by section 2(a), is amended by inserting after section 303A the following new section: ``SEC. 303B. PROHIBITING STATES FROM REQUIRING STATE-ISSUED IDENTIFICATION AS CONDITION FOR VOTING OR REGISTERING TO VOTE. ``(a) Prohibition.--An election official may not require an individual to provide a State-issued identification (including an identification issued by a unit of local government in the State) as a condition of receiving or casting a ballot in any election for Federal office or of registering to vote in any election for Federal office. ``(b) No Effect on Requirements for Certain Voters Who Register by Mail.--Nothing in this section shall be construed to affect any requirement under section 303(b) that certain individuals who register to vote by mail present a form of identification as a condition of casting a ballot in an election. ``(c) Effective Date.--Each State shall be required to comply with the requirements of this section beginning January 1, 2012.''. (b) Clerical Amendment.--The table of contents of such Act, as amended by section 2(c), is amended by inserting after the item relating to section 303A the following new item: ``Sec. 303B. Prohibiting States from requiring State-issued identification as condition for voting or registering to vote''. SEC. 4. REQUIRING STATES TO MAKE SAME-DAY VOTER REGISTRATION AND CHANGE OF ADDRESS SERVICE AVAILABLE. (a) Requirement.-- (1) In general.--Subtitle A of title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.), as amended by section 3(a), is amended by inserting after section 303B the following new section: ``SEC. 303C. ELECTION DAY REGISTRATION AND CHANGE OF ADDRESS SERVICE. ``(a) In General.-- ``(1) Registration.--Notwithstanding section 8(a)(1)(D) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg- 6), each State shall permit any individual on the day of an election for Federal office-- ``(A) to register to vote in such election at the polling place using a form that meets the requirements of section 9(b) of the National Voter Registration Act of 1993; and ``(B) if, on the basis of registering to vote under subparagraph (A), the individual is qualified to vote in such election, to cast a vote in such election. ``(2) Change of address service for registered voters.--If an individual who is a registered voter in a State moves to a new address in the State but does not provide the appropriate State election official with information on the new address prior to appearing at a polling place to cast a vote in an election for Federal office, the State shall permit the individual-- ``(A) to provide such information at the polling place using a change of address form developed by the State; and ``(B) notwithstanding section 302(a), to cast a regular ballot instead of a provisional ballot for the election. ``(3) Exception.--The requirements under paragraphs (1) and (2) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. ``(b) Transmittal of Forms to State Election Officials.--The appropriate election official at the polling place shall transmit a voter registration form provided by an individual at the polling place under subsection (a)(1) or a change of address form provided by an individual at the polling place under subsection (a)(2) to the appropriate State election official at the time the official transmits the ballots cast in the election. ``(c) Effective Date.--Each State shall be required to comply with the requirements of this section beginning January 1, 2012.''. (2) Clerical amendment.--The table of contents of such Act, as amended by section 3(b), is amended by inserting after the item relating to section 303B the following new item: ``Sec. 303C. Election Day registration and change of address service''. (b) Application to Early Voting Sites.--Section 303A of such Act, as added by section 2(a), is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection: ``(b) Application of Election Day Registration and Change of Address Service to Early Voting.--At each polling place in a State which allows voting prior to the day of a Federal election (as described in subsection (a)), the State shall permit individuals to register to vote in the same manner as the State is required to permit individuals to register to vote and vote on the day of the election under section 303C(a)(1), and shall provide change of address service in the same manner as the State is required to provide such service under section 303C(a)(2).''.

Easy Voting Act of 2011 - Amends the Help America Vote Act of 2002 to: (1) require a minimum early voting period of 14 days preceding a federal election for states offering early voting, (2) prohibit an election official from requiring an individual to provide a state-based identification as a condition of registering to vote or of receiving or casting a ballot in any federal election, and (3) require states to make same-day voter registration and change of address service available at the polling place on the date of election.

To amend the Help America Vote Act of 2002 to require any State offering an early voting period in elections for Federal office to make the period available for the entire 14-day period that precedes the date of the election, to prohibit States from imposing identification requirements on individuals who wish to vote or register to vote who are not otherwise required to provide identification under such Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cambodian Trade Act of 2010''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States Department of State has recognized and documented repeated human rights abuses of the Uighur people by the Government of the People's Republic of China. (2) The United States Commission on International Religious Freedom has recognized and documented the repeated human rights abuses of the Uighur people by the Government of the People's Republic of China. (3) The House of Representatives has and continues to recognize that the authorities in the People's Republic of China have manipulated the strategic objectives of the international ``war on terror'' to increase their cultural and religious oppression of the Uighur people. (4) In early July 2009, ethnic unrest developed in the Xinjiang Autonomous Region of China, resulting in the unfortunate death of both Han Chinese and Uighurs. (5) In the aftermath of this unrest, authorities in the People's Republic of China allegedly detained hundreds of Uighurs and, according to Human Rights Watch, 43 Uighur men have disappeared. (6) Following the ethnic unrest, the People's Republic of China arrested a number of Uighurs and Han Chinese and charged 21 individuals with murder, arson, robbery, and property damage. (7) Human Rights Watch found the trials of the 21 individuals did not meet minimum international standards of due process and fair trials. Despite this, the Government of the People's Republic of China handed down death sentences, and 9 of the individuals were executed in November 2009. (8) In late November and early December 2009, 22 Uighurs, including 3 children, fled China to Cambodia to seek refugee status. There the Uighurs worked with the United Nations High Commissioner on Refugees (UNHCR) and the Cambodian Government to follow international refugee law and convention. (9) The Government of Cambodia made assurances to UNHCR that the 22 Uighurs could follow UNHCR procedures so refugee status could be determined before repatriation to China. (10) Despite assurances and agreements with UNHCR, the Government of Cambodia sent the 20 Uighur refugees back to China before a refugee determination could be made. Two of the refugees were able to escape Cambodian custody before deportation. (11) Before their deportation, the Uighur refugees told UNHCR that they had fears of imprisonment, torture, and death in China. (12) Since arriving in China, media reports suggest that the 20 Uighurs may have been put on trial. No further information about the Uighurs, including the children, has been made available. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to-- (1) support and encourage countries that comply with international conventions, agreements, and understandings; (2) support and encourage countries that respect human rights and the protection of refugee populations; (3) assist refugees and minority populations seeking asylum and protection from oppressive governments and regimes; and (4) support and encourage countries that value and protect minority populations seeking asylum and protection from oppressive governments and regimes. SEC. 4. LOAN FORGIVENESS. Notwithstanding part V of the Foreign Assistance Act of 1961 (relating to debt reduction for developing countries with tropical forests; 22 U.S.C. 2431 et seq.) or any other provision of law providing for the reduction or forgiveness of the debt of a foreign country, the United States may not reduce or forgive any debt owed by Cambodia to the United States. SEC. 5. TREATMENT OF TEXTILE AND APPAREL ARTICLES OF CAMBODIA. (a) In General.--Notwithstanding title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) or any other provision of law providing duty free treatment, no textile or apparel article that is the product of Cambodia may be extended duty-free treatment when entered into the customs territory of the United States. (b) Definitions.--In this section, the term ``textile or apparel article'' means-- (1) any apparel article classified under any chapter of section XII of the Harmonized Tariff Schedule of the United States; (2) any textiles classified under any such chapter from which apparel articles can be produced; and (3) any footwear article classified under chapter 64 of such Schedule. SEC. 6. EFFECTIVE DATE. This Act takes effect on the date of the enactment of this Act.

Cambodian Trade Act of 2010 - Declares it is U.S. policy to: (1) support and encourage countries that comply with international agreements, respect human rights and the protection of refugee populations, and value and protect minority populations seeking asylum and protection from oppressive governments and regimes; and (2) assist refugees and minority populations seeking asylum and protection from oppressive governments and regimes. Prohibits the United States from reducing or forgiving a debt owed by Cambodia to the United States. Prohibits the extension of duty-free treatment to Cambodian textile or apparel articles imported into the United States.

To provide that Cambodia's debt to the United States may not be reduced or forgiven, and textile and apparel articles that are the product of Cambodia and imported into the United States may not be extended duty free treatment.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Reduce and End our Deficits Using Commonsense Eliminations in the Treas-HUD and OPIC Programs Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--TREASURY SAVINGS Sec. 101. Limitations on obligation of funds for Bureau of the Public Debt and Financial Management Service. Sec. 102. Electronic pay stubs for Treasury employees. Sec. 103. Termination of advanced earned income credit. TITLE II--HUD SAVINGS Sec. 201. Rent subsidies under HUD section 8 housing choice voucher program for one-person households. TITLE III--OPIC TERMINATION Sec. 301. Short title. Sec. 302. Termination of Overseas Private Investment Corporation. Sec. 303. Savings provisions. Sec. 304. Technical and conforming amendments. TITLE I--TREASURY SAVINGS SEC. 101. LIMITATIONS ON OBLIGATION OF FUNDS FOR BUREAU OF THE PUBLIC DEBT AND FINANCIAL MANAGEMENT SERVICE. (a) Bureau of Public Debt.--The total amount obligated in each of fiscal years 2011 through 2015 by the Bureau of the Public Debt in the Department of the Treasury shall not exceed $186,244,000. (b) Financial Management Service.--The total amount obligated in each of fiscal years 2011 through 2015 by the Financial Management Service in the Department of the Treasury shall not exceed $235,132,000. SEC. 102. ELECTRONIC PAY STUBS FOR TREASURY EMPLOYEES. (a) In General.--For pay periods ending in fiscal year 2011 and any fiscal year thereafter, the Secretary of the Treasury shall, in coordination with the Office of Personnel Management, issue electronic pay stubs to employees of the Department of the Treasury who receive their pay by electronic funds transfer. (b) Electronic Funds Transfer Defined.--For purposes of this section, the term ``electronic funds transfer'' has the meaning given such term by section 3332 of title 31, United States Code. SEC. 103. TERMINATION OF ADVANCED EARNED INCOME CREDIT. (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 is amended by striking section 3507 (relating to advance payment of earned income credit). (b) Conforming Amendments.-- (1) Section 32 of such Code is amended by striking subsection (g). (2) Section 6012(a) of such Code is amended by striking paragraph (8) and redesignating paragraph (9) as paragraph (8). (3) Section 6051(a) of such Code is amended by striking paragraph (7). (4) Section 6302 of such Code is amended by striking subsection (i). (5) The table of sections for chapter 25 of such Code is amended by striking the item relating to section 3507. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. TITLE II--HUD SAVINGS SEC. 201. RENT SUBSIDIES UNDER HUD SECTION 8 HOUSING CHOICE VOUCHER PROGRAM FOR ONE-PERSON HOUSEHOLDS. Paragraph (1) of section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(1)) is amended by adding at the end the following new subparagraph: ``(F) Single person families.--In determining the amount of monthly assistance under this subsection for any family that consists of a single person who is initially provided such assistance after the date of the enactment of the Reduce and End our Deficits Using Commonsense Eliminations in the Treas- HUD and OPIC Programs Act or who moves to a new dwelling unit after such date of enactment, the payment standard used shall be the payment standard for the market area for an efficiency dwelling unit and the payment standard for a one-bedroom dwelling unit or any larger dwelling unit may not be used.''. TITLE III--OPIC TERMINATION SEC. 301. SHORT TITLE. This title may be cited as the ``OPIC Repeal Act''. SEC. 302. TERMINATION OF OVERSEAS PRIVATE INVESTMENT CORPORATION. (a) Termination of Authority To Make New Obligations.-- (1) Termination of authority.--Effective on the date of the enactment of this Act, the Overseas Private Investment Corporation shall not issue any insurance, guaranties, or reinsurance, make any loan, or acquire any securities, under section 234 of the Foreign Assistance Act of 1961, enter into any agreements for any other activity authorized by such section 234, or enter into risk sharing arrangements authorized by section 234A of that Act. (2) Preservation of existing contracts and agreements.-- Paragraph (1) does not require the termination of any contract or other agreement entered into before the date of the enactment of this Act. (b) Termination of OPIC.--Effective September 30, 2011, the Overseas Private Investment Corporation is abolished. (c) Transfer of Operations to AID.--The Administrator of the Agency for International Development shall, effective October 1, 2011, perform the functions of the Overseas Private Investment Corporation with respect to contracts and agreements described in subsection (a)(2) until the expiration of such contracts and agreements, but shall not renew any such contract or agreement. The Administrator shall take the necessary steps to wind up the affairs of the Corporation. (d) Repeal of Authorities.--Effective September 30, 2011, title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 and following) is repealed, but shall continue to apply with respect to functions performed by the Administrator of the Agency for International Development under subsection (c). (e) Appropriations.--Funds available to the Overseas Private Investment Corporation shall, upon the effective date of the repeal made by subsection (d), be transferred to the Administrator of the Agency for International Development for use in performing the functions of the Corporation under subsection (c). Upon the expiration of the contracts and agreements with respect to which the Administrator is exercising such functions, any unexpended balances of the funds transferred under this subsection shall be deposited in the Treasury as miscellaneous receipts. SEC. 303. SAVINGS PROVISIONS. (a) Prior Determinations Not Affected.--The repeal made by section 302(d) of the provisions of law set forth in such subsection shall not affect any order, determination, regulation, or contract that has been issued, made, or allowed to become effective under such provisions before the effective date of the repeal. All such orders, determinations, regulations, and contracts shall continue in effect until modified, superseded, terminated, set aside, or revoked in accordance with law by the President, the Administrator of the Agency for International Development, another authorized official, or a court of competent jurisdiction, or by operation of law. (b) Pending Proceedings.-- (1) Effect on pending proceedings.-- (A) In general.--The repeal made by section 302(d) shall not affect any proceedings, including notices of proposed rulemaking, pending on the effective date of the repeal, before the Overseas Private Investment Corporation, except that no insurance, reinsurance, guarantee, or loan may be issued pursuant to any application pending on such effective date. Such proceedings, to the extent that they relate to functions performed by the Administrator of the Agency for International Development after such repeal, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Administrator of the Agency for International Development, by a court of competent jurisdiction, or by operation of law. (B) Construction.--Nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any proceeding described in subparagraph (A) under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. (2) Regulations for transfer of proceedings.--The Administrator of the Agency for International Development may issue regulations providing for the orderly transfer of proceedings continued under paragraph (1). (c) Actions.--Except as provided in subsection (e)-- (1) the provisions of this section shall not affect suits commenced before the effective date of the repeal made by section 302(d); and (2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this section had not been enacted. (d) Liabilities Incurred.--No suit, action, or other proceeding commenced by or against an individual in the official capacity of such individual as an officer of the Overseas Private Investment Corporation shall abate by reason of the enactment of this section. No cause of action by or against the Overseas Private Investment Corporation, or by or against any officer thereof in the official capacity of such officer, shall abate by reason of the enactment of this section. (e) Parties.--If, before the effective date of the repeal made by section 302(d), the Overseas Private Investment Corporation or an officer thereof in the official capacity of such officer, is a party to a suit, then such suit shall be continued with the Administrator of the Agency for International Development substituted or added as a party. (f) Review.--Orders and actions of the Administrator of the Agency for International Development in the exercise of functions of the Overseas Private Investment Corporation shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been issued or taken by the Overseas Private Investment Corporation. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function of the Overseas Private Investment Corporation shall apply to the exercise of such function by the Administrator of the Agency for International Development. SEC. 304. TECHNICAL AND CONFORMING AMENDMENTS. (a) Title 5, United States Code.--(1) Section 5314 of title 5, United States Code, is amended by striking: ``President, Overseas Private Investment Corporation.''. (2) Section 5315 of title 5, United States Code, is amended by striking: ``Executive Vice President, Overseas Private Investment Corporation.''. (3) Section 5316 of title 5, United States Code, is amended by striking: ``Vice Presidents, Overseas Private Investment Corporation (3).''. (b) Other Amendments and Repeals.--(1) Section 222(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2182) is amended by inserting after ``section 238(c)'' the following: ``as in effect on the day before the effective date of the repeal of that section made by section 302(d) of the OPIC Repeal Act''. (2) Section 222A of the Foreign Assistance Act of 1961 (22 U.S.C. 2182a) is amended-- (A) by striking subsections (f) and (g); and (B) by redesignating subsections (h) and (i) as subsections (f) and (g), respectively. (3) Section 499B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2296b(b)) is amended-- (A) by striking paragraph (2); and (B) by redesignating paragraph (3) as paragraph (2). (4) Section 2301(b)(9) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(b)(9)) is amended by striking ``the Overseas Private Investment Corporation,''. (5) Section 2312(d)(1) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(d)(1)) is amended-- (A) by striking subparagraph (K); and (B) by redesignating subparagraphs (L) and (M) as subparagraphs (K) and (L), respectively. (6) Section 5402(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4902(b)) is amended-- (A) in paragraph (12), by adding ``and'' after the semicolon; (B) by striking paragraph (13); and (C) by redesignating paragraph (14) as paragraph (13). (7) Section 625(a) of the Higher Education Act of 1965 (20 U.S.C. 1131c(a)) is amended by striking ``the Overseas Private Investment Corporation,''. (8) Section 481(e)(4)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)(A)) is amended by striking ``(including programs under title IV of chapter 2, relating to the Overseas Private Investment Corporation)''. (9) Section 202(b)(2)(B) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6062(b)(2)(B)) is amended-- (A) by striking clause (iv); and (B) by redesignating clauses (v), (vi), and (vii) as clauses (iv), (v), and (vi), respectively. (10) Section 103(7)(A) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102(7)(A)) is amended-- (A) in clause (vii), by adding ``and'' after the semicolon; (B) by striking clause (viii); and (C) by redesignating clause (ix) as clause (viii). (11) Section 405(a)(10) of the International Religious Freedom Act of 1998 (22 U.S.C. 6445(a)(10)) is amended by striking ``, the Overseas Private Investment Corporation,''. (12) Section 732(b) of the Global Environmental Protection Assistance Act of 1989 (22 U.S.C. 7902(b)) is amended by striking ``the Overseas Private Investment Corporation,''. (13) Section 916(a)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17336(a)(2)) is amended-- (A) by striking subparagraph (I); and (B) by redesignating subparagraphs (J) through (M) as subparagraphs (I) through (L), respectively. (14) Section 6(d)(1) of the Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) is amended by striking ``and the Overseas Private Investment Corporation''. (15) The following provisions of law are repealed: (A) Section 5(b)(2) of the Overseas Private Investment Corporation Amendments Act of 1981 (22 U.S.C. 2194a). (B) Section 5 of the Taiwan Relations Act (22 U.S.C. 3304). (C) Section 2(c)(12) of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401(c)(12)). (D) Section 9101(3)(H) of title 31, United States Code. (E) Section 123 of the African Growth and Opportunity Act (19 U.S.C. 3733), and the item relating to that section in the table of contents of that Act. (F) Section 104 of the Africa: Seeds of Hope Act of 1998 (22 U.S.C. 2293), and the item relating to that section in the table of contents for that Act. (G) Section 914 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17334), and the item relating to that section in the table of contents for that Act. (c) Effective Date.--The amendments and repeals made by this subsection shall take effect on October 1, 2011.

Reduce and End our Deficits Using Commonsense Eliminations in the Treas-HUD and OPIC Programs Act - Prohibits the total amount obligated in the Treasury for each of FY2011-FY2015 by: (1) the Bureau of the Public Debt from exceeding $186.244 million; and (2) the Financial Management Service from exceeding $235.132 million. Requires the Secretary of the Treasury, for pay periods ending in FY2011 and subsequent fiscal years, in coordination with the Office of Personnel Management (OPM), to issue electronic pay stubs to Department of the Treasury employees who receive their pay by electronic funds transfer. Amends the Internal Revenue Code to repeal the requirement for advance payment of the earned income tax credit. Amends the United States Housing Act of 1939 to set the payment standard for a market area efficiency dwelling unit as the standard for rent subsidies under Section 8 of the housing voucher program for one-person households. Prohibits the use of the payment standard for a one-bedroom dwelling unit or any larger dwelling unit. OPIC Repeal Act - Abolishes the Overseas Private Investment Corporation (OPIC), and makes conforming amendments to the Foreign Assistance Act of 1961.

To implement cost savings within the Department of the Treasury and the Department of Housing and Urban Development, and to terminate the Overseas Private Investment Corporation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Residential Housing Recovery Act of 2010''. SEC. 2. DECLARATION OF PURPOSE. The Congress hereby declares that a national emergency exists that is producing widespread disruption of the owned residential real estate markets, which burdens interstate and foreign commerce, affects the public welfare, and undermines the standard of living of the American people. The Congress hereby declares a national policy to remove obstructions to the free flow of interstate and foreign commerce in the owned residential housing sector of the American economy; and to provide for the general welfare by promoting the flow of equity capital into the residential housing sector through innovative methods, including the use of shared equity appreciation financing methods. SEC. 3. SHARED EQUITY APPRECIATION PILOT PROGRAM. (a) Establishment.--The Secretary of the Treasury (in this section referred to as the ``Secretary'') shall carry out a shared equity appreciation financing pilot program under this section to analyze the effectiveness, including as a step in the economic recovery of the United States, of shared equity finance methods that stimulate the flow of private equity capital into the housing sector, while mitigating risk to borrowers. (b) Structure.--Under the pilot program under this section, the Secretary shall-- (1) provide for entities, individuals, and governmental agencies to assist homeowners to acquire, refinance, or maintain ownership of 1- to 4-family residences with funding provided through shared equity appreciation arrangements under which private or public sector investors, or both, invest equity funds for such residences and thereby share in the equity appreciation of such residences; (2) encourage public and private sector investment in such shared equity appreciation arrangements through-- (A) provision of upfront financial assistance to participants in the pilot program, including payments for administrative expenses and operating capital; (B) insurance under subsection (h) of risks of loss to private investors in such arrangements; (C) direct investment by public investors in contracts for such arrangements; and (D) tax credits to private investors in such arrangements under section 45S of the Internal Revenue Code of 1986 (as added by subsection (g)); and (3) evaluate the effectiveness of whether the actions taken by the Secretary under the pilot program pursuant to paragraph (2) encourage investment in shared equity appreciation arrangements. (c) Application and Selection.-- (1) Eligibility and applications.--The Secretary shall establish eligibility requirements for financial institutions, nonprofit organizations, housing associations, investment pools, and other appropriate public and private capital sources and individuals to participate in the pilot program under this section and originate agreements for shared equity appreciation arrangements under the program, and shall provide for eligible entities and individuals to apply to the Secretary for such participation. Such applications shall include such information as the Secretary considers appropriate. (2) Selection; criteria.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall select participants in the pilot program, from among persons applying for such participation, using criteria established by the Secretary, which shall include-- (A) whether, under the pilot program, the applicant-- (i) can provide relief to homeowners without modifying the original mortgage and securitization; (ii) can provide homeowners with a long- term stimulus for as long as the shared equity arrangement is in effect; (iii) will empower homeowners to have a stake in the solution; (iv) has a streamlined process for originating and servicing contracts under the pilot program for shared equity appreciation arrangements; (v) can materially reduce default and foreclosure risk on mortgages of homeowners; (vi) can effectively reduce interest rates on mortgages of homeowners; (vii) can effectively reduce debt-to-income ratios and re-default rates on mortgages of homeowners; (viii) will credit homeowners with 100 percent of the increase in the value of homeowners' residences resulting from improvements made to their properties; (ix) will provide periodic payments based on current home value to the homeowners or to the homeowners' lenders on behalf of the homeowner; (x) will make equity-sharing payments available to new home purchasers to increase the percentage of approved loan applications; and (xi) will make equity-sharing payments available to senior homeowners to reduce the rate of forced sales of their properties; (B) whether investors in mortgage-backed securities deem equity-sharing payments to homeowners under the applicant's program as an incentive to providing principal forbearance; (C) whether mortgage loan servicers deem equity- sharing payments to homeowners under the applicant's program as a suitable loss mitigation tool; (D) whether institutions regulated under the Community Reinvestment Act of 1977 (12 U.S.C. 2901) and the Federal financial supervisory agencies deem equity- sharing payments to homeowners as an investment eligible for credit under such Act; and (E) whether providing Government-sponsored insurance against loss in property value under the applicant's program will increase participation by private investors. (d) Limitation to Principal Residence.--Only mortgages for residences that are occupied as the principal residence of the mortgagee shall be eligible under the pilot program under this section. (e) Rights of Parties.--The Secretary shall establish the rights, privileges and responsibilities of the respective parties to transactions under the pilot program under this section. (f) Geographic Diversity.--The Secretary shall carry out the pilot program on a regional basis in five regional areas of the United States, as follows: (1) Northeast.--The Northeast region, consisting of the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island and Vermont. (2) Southeast.--The Southeast region, consisting of the States of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia, and the District of Columbia. (3) Central.--The Central region, consisting of the States of Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Missouri, Nebraska, Ohio, and Wisconsin. (4) Southwest.--The Southwest region, consisting of the States of Arizona, California, Colorado, Hawaii, Nevada, New Mexico, Oklahoma, and Texas. (5) Northwest.--The Northwest region, consisting of the States of Alaska, Idaho, Minnesota, Montana, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. (g) Tax Credit for Private Investment in Shared Equity Appreciation Contracts.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. CREDIT FOR PRIVATE INVESTMENT IN SHARED EQUITY APPRECIATION CONTRACTS. ``For purposes of section 38, the shared equity appreciation contract credit determined under this section for the taxable year is 39 percent of the aggregate amount paid or incurred by the taxpayer during such taxable year as an investment in any shared appreciation contract of a participant in the pilot program under the American Residential Housing Recovery Act of 2010.''. (2) Credit to be part of general business credit.-- Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'' , and by adding at the end the following new paragraph: ``(37) the shared equity appreciation contract credit determined under section 45S(a).''. (3) Clerical amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Credit for private investment in shared equity appreciation contracts.''. (4) Effective date.--The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (h) Insurance of Risks to Investors.--From any amounts made available for carrying out the pilot program under this section, the Secretary shall set aside amounts sufficient to insure investments of private funds in shared equity appreciation arrangements fully against any losses arising from participation in the pilot program. (i) Monitoring and Reporting.-- (1) Monitoring.--The Secretary shall provide for such monitoring under the pilot program under this section as may be necessary and appropriate to determine its effectiveness, and the structure and requirements of such monitoring. (2) Reports to congress.--Not later than the expiration of the 18-month period beginning on the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the Congress analyzing effectiveness of the pilot program under this section and making recommendations regarding expansion or improvements thereof. (j) Waiver.--The Secretary may waive, or specify alternative requirements for, any provision of any statute, regulation, or guideline that the Secretary administers upon a determination by the Secretary that such waiver is appropriate to carry out the pilot program under this section. (k) Authorization of Appropriations.--There is authorized to be appropriated for assistance under the pilot program under this section and any costs of carrying out this section such sums as may be necessary for each of fiscal years 2010 through 2015. SEC. 4. REGULATORY OVERSIGHT OF SHARED EQUITY APPRECIATION CONTRACTS BY BUREAU OF CONSUMER FINANCIAL PROTECTION. (a) Treatment as Consumer Financial Product.--Section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481) is amended-- (1) in paragraph (5)-- (A) in subparagraph (A), by striking ``or'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``or''; and (C) by adding at the end the following new subparagraph: ``(C) is a shared equity appreciation contract''; (2) by redesignating paragraphs (27) through (29) as paragraphs (28) through (30), respectively; and (3) by inserting after paragraph (26) the following new paragraph: ``(27) Shared equity appreciation contract.--The term `shared equity appreciation contract' means an agreement between private or public sector investors, or both, and homeowners under which such investors provide funds to assist the homeowners to acquire, refinance, or maintain ownership of 1- to 4-family residences and under which the investors share in the equity appreciation of such residence.''. (b) Oversight.--Subtitle C of title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended-- (1) by redesignating section 1037 (12 U.S.C. 5531 note) as section 1038; and (2) by inserting after section 1036 (12 U.S.C. 5536) the following new section: ``SEC. 1037. SHARED EQUITY APPRECIATION CONTRACTS. ``In carrying out its duties under this title with respect to shared equity appreciation contracts, the Bureau shall issue and enforce regulations governing the establishment and servicing of shared appreciation contracts to ensure that-- ``(1) consumers receive clear and balanced information about the risks and benefits of shared equity appreciation financing, including information about available alternatives; ``(2) appropriate eligibility and underwriting guidelines are applied; ``(3) consumers demonstrate they understand their rights and obligations, as well as the risks and benefits, before entering into shared equity appreciation contracts; ``(4) consumers receive qualified independent counseling before entering into shared equity appreciation contracts; ``(5) the terms of such contracts, including pricing, homeowner payments and percentage of equity shared, are not predatory; ``(6) consumers are protected from being sold shared equity contracts to fund inappropriate annuities, investments, and other financial products, ``(7) contract portfolio and individual loan level audit review standards are established and followed; and ``(8) shared equity appreciation contract providers are certified for financial strength, comply with rules and regulations promulgated by the Bureau, and follow procurement policies consistent with public sector practice.''.

American Residential Housing Recovery Act of 2010 - Directs the Secretary of the Treasury to carry out a shared equity appreciation financing pilot program to analyze the effectiveness of shared equity financing methods that stimulate the flow of private equity capital into the housing sector, while mitigating risk to borrowers. Amends the Internal Revenue Code to allow a tax credit for private investment in shared equity appreciation contracts. Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to: (1) treat shared equity appreciation contracts as a consumer financial product; and (2) provide for regulatory oversight of shared equity appreciation contracts by the Bureau of Consumer Financial Protection.

To revitalize home ownership by establishing a shared equity appreciation homeownership pilot program.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Protecting Financial Aid for Students and Taxpayers Act''. (b) Findings.--Congress finds the following: (1) From 1998 to 2013, enrollment in for-profit institutions of higher education increased by 314 percent, from 498,176 students to 2,064,920 students. (2) In the 2012-2013 academic year, students who enrolled at for-profit institutions of higher education received $26,469,028,523 in Federal Pell Grants and student loans. (3) Eight out of the 10 top recipients of Post- 9/11 Educational Assistance funds are for-profit institutions of higher education. These 8 companies have received $2,900,000,000 in taxpayer funds to enroll veterans from 2009 to 2013. (4) An analysis of 15 publicly traded companies that operate institutions of higher education shows that, on average, such companies spend 28 percent of expenditures on advertising, marketing, and recruiting. SEC. 2. RESTRICTIONS ON SOURCES OF FUNDS FOR RECRUITING AND MARKETING ACTIVITIES. Section 119 of the Higher Education Opportunity Act (20 U.S.C. 1011m) is amended-- (1) in the section heading, by inserting ``and restrictions on sources of funds for recruiting and marketing activities'' after ``funds''; (2) in subsection (d), by striking ``subsections (a) through (c)'' and inserting ``subsections (a), (b), (c), and (e)''; (3) by redesignating subsection (e) as subsection (f); and (4) by inserting after subsection (d) the following: ``(e) Restrictions on Sources of Funds for Recruiting and Marketing Activities.-- ``(1) In general.--An institution of higher education, or other postsecondary educational institution, may not use revenues derived from Federal educational assistance funds for recruiting or marketing activities described in paragraph (2). ``(2) Covered activities.--Except as provided in paragraph (3), the recruiting and marketing activities subject to paragraph (1) shall include the following: ``(A) Advertising and promotion activities, including paid announcements in newspapers, magazines, radio, television, billboards, electronic media, naming rights, or any other public medium of communication, including paying for displays or promotions at job fairs, military installations, or college recruiting events. ``(B) Efforts to identify and attract prospective students, either directly or through a contractor or other third party, including contact concerning a prospective student's potential enrollment or application for grant, loan, or work assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) or participation in preadmission or advising activities, including-- ``(i) paying employees responsible for overseeing enrollment and for contacting potential students in-person, by phone, by email, or by other internet communications regarding enrollment; and ``(ii) soliciting an individual to provide contact information to an institution of higher education, including websites established for such purpose and funds paid to third parties for such purpose. ``(C) Such other activities as the Secretary of Education may prescribe, including paying for promotion or sponsorship of education or military-related associations. ``(3) Exceptions.--Any activity that is required as a condition of receipt of funds by an institution under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), is specifically authorized under such title, or is otherwise specified by the Secretary of Education shall not be considered to be a covered activity under paragraph (2). ``(4) Federal educational assistance funds.--In this subsection, the term `Federal educational assistance funds' means funds provided directly to an institution or to a student attending such institution under any of the following provisions of law: ``(A) Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). ``(B) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. ``(C) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. ``(D) Section 1784a, 2005, or 2007 of title 10, United States Code. ``(E) Title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.). ``(F) The Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.). ``(5) Rule of construction.--Nothing in this section shall be construed as a limitation on the use by an institution of revenues derived from sources other than Federal educational assistance funds. ``(6) Reporting.--Each institution of higher education, or other postsecondary educational institution, that receives revenues derived from Federal educational assistance funds shall report annually to the Secretary and to Congress the institution's expenditures on advertising, marketing, and recruiting.''.

Protecting Financial Aid for Students and Taxpayers Act This bill amends the Higher Education Opportunity Act to prohibit an institution of higher education (IHE) or postsecondary educational institution from using revenues derived from federal educational assistance funds for recruiting or marketing activities. Federal educational assistance funds include federal student aid under title IV (Student Assistance) of the Higher Education Act of 1965, education benefits for military personnel and veterans, and grants for workforce development programs. An IHE or postsecondary educational institution must annually certify compliance with this requirement to retain eligibility to participate in title IV federal student aid programs.

Protecting Financial Aid for Students and Taxpayers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Opportunity and Mortgage Equity Act of 2009''. SEC. 2. AFFORDABLE NEW MORTGAGES. (a) Authority.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall each carry out a program under this section to purchase and securitize qualified new mortgages on single-family housing, in accordance with this section and policies and procedures that the Director of the Federal Housing Finance Agency shall establish. (b) Requirement To Purchase Qualified New Mortgages.--If a lender proffers to an enterprise, in accordance with requirements established by the Director, a mortgage or mortgages for purchase under this section, the enterprise shall make a determination of whether such mortgage or mortgages are qualified new mortgages. Subject to subsection (e), if the enterprise determines that such mortgage or mortgages meet the requirements for qualified new mortgages, the enterprise shall make a commitment to purchase, and shall purchase, the mortgage or mortgages. (c) Qualified New Mortgages.--For purposes of this section, the term ``qualified new mortgage'' means a mortgage that meets the following requirements: (1) Single-family housing.--The property subject to the mortgage shall be a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association. (2) Principal residence.--The mortgagor under the mortgage shall occupy the property subject to the mortgage as his or her principal residence. (3) Interest rate; term to maturity.--The mortgage shall-- (A) bear interest at a single rate that is fixed for the entire term of the mortgage, which shall not exceed an annual rate that is 1.6 percentage points higher than the average annual rate of interest paid on obligations of the United States most recently issued by the Secretary of the Treasury and having 10-year maturities; and (B) have a term to maturity of not less than 30 years and not more than 40 years from the date of the beginning of the amortization of the mortgage. (4) Underwriting standards.--The mortgage shall meet such underwriting standards as the Director shall require. (5) Home purchase.--The principal loan amount repayment of which is secured by the mortgage shall be used to purchase the property that is subject to the qualified new mortgage. (6) New mortgages.--The mortgage was originated on or after the date of the enactment of this Act. (d) Securitization.-- (1) Requirement.--Each enterprise shall, upon such terms and conditions as it may prescribe, set aside any qualified new mortgages purchased by it under this section and, upon approval of the Secretary of the Treasury, issue and sell securities based upon such mortgages set aside. (2) Form.--Securities issued under this subsection may be in the form of debt obligations or trust certificates of beneficial interest, or both. (3) Terms.--Securities issued under this subsection shall have such maturities and bear such rate or rates of interest as may be determined by the enterprise with the approval of the Secretary. (4) Exemption.--Securities issued by an enterprise under this subsection shall, to the same extent as securities which are direct obligations of or obligations guaranteed as to principal and interest by the United States, be deemed to be exempt securities within the meaning of laws administered by the Securities and Exchange Commission. (5) Principal and interest payments.--Mortgages set aside pursuant to this subsection shall at all times be adequate to enable the issuing enterprise to make timely principal and interest payments on the securities issued and sold pursuant to this subsection. (6) Required disclosure.--Each enterprise shall insert appropriate language in all of the securities issued under this subsection clearly indicating that such securities, together with the interest thereon, are not guaranteed by the United States and do not constitute a debt or obligation of the United States or any agency or instrumentality thereof other than the enterprise. (e) Termination.--The requirement under subsection (b) for the enterprises to purchase mortgages shall not apply to any mortgage proferred to an enterprise after the expiration of the two-year period beginning on the date of the enactment of this Act. SEC. 3. AFFORDABLE REFINANCING OF MORTGAGES HELD BY FANNIE MAE AND FREDDIE MAC. (a) Authority.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall each carry out a program under this section to provide for the refinancing of qualified mortgages on single-family housing owned by such enterprise and for the purchase of and securitization of such refinancing mortgages, in accordance with this section and policies and procedures that the Director of the Federal Housing Finance Agency shall establish. Such program shall require such refinancing of a qualified mortgage upon the request of the mortgagor made to the applicable enterprise and a determination by the enterprise that the mortgage is a qualified mortgage. (b) Qualified Refinancing Mortgage.--For purposes of this section, the term ``qualified mortgage'' means a mortgage that meets the following requirements: (1) Single-family housing.--The property subject to the mortgage shall be a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association. (2) Refinancing of gse-owned mortgages.--The principal loan amount repayment of which is secured by the mortgage shall be used to satisfy all indebtedness under an existing first mortgage that-- (A) was made for purchase of, or refinancing another first mortgage on, the same property that is subject to the qualified refinancing mortgage; (B) is owned by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; and (C) was originated on or before January 1, 2008. (3) Interest rate.--The mortgage shall bear interest at a single rate that is fixed for the entire term of the mortgage, which shall not exceed an annual rate that is 1.6 percentage points higher than the average annual rate of interest paid on obligations of the United States most recently issued by the Secretary of the Treasury and having 10-year maturities. (4) Waiver of prepayment penalties.--All penalties for prepayment or refinancing of the underlying mortgage refinanced by the mortgage, and all fees and penalties related to the default or delinquency on such mortgage, shall have been waived or forgiven. (c) Termination.--The requirement under subsection (a) for the enterprises to refinance qualified mortgages shall not apply to any request for refinancing made after the expiration of the two-year period beginning on the date of the enactment of this Act. SEC. 4. TREASURY FINANCING. (a) Authority.--Subject to subsection (e), the Secretary may purchase securities issued by the enterprises pursuant to the programs under this Act and such other obligations as may be issued by the enterprises for purposes of carrying out the programs under this Act. (b) Public Debt Transaction.--For the purpose of purchasing any such securities and obligations, the Secretary may use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, United States Code, and the purposes for which securities are issued under such chapter are hereby extended to include any purchase by the Secretary of such obligations under this section. (c) Characteristics of Obligations.--Obligations issued and purchased pursuant to this section shall be in such forms and denominations, bear such maturities, bear interest at such rate, and be subject to such other terms and conditions, as the Secretary shall determine. In determining the term to maturity of such obligations, the Secretary shall take into consideration the terms to maturity of the various securities issued by the enterprises pursuant to the programs under this Act and the terms to maturity and possibility of prepayment of mortgages purchased and securitized under such programs. (d) Treatment.--All redemptions, purchases, and sales by the Secretary of obligations under this section shall be treated as public debt transactions of the United States. (e) Limitation on Amount.--The aggregate principal amount of outstanding obligations and securities purchased under subsection (a) by the Secretary and held at any one time may not exceed $10,000,000,000. SEC. 5. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Enterprise.--The term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury.

Housing Opportunity and Mortgage Equity Act of 2009 - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (the enterprises) each to implement a program to purchase and securitize qualified new mortgages on single-family housing in accordance with policies and procedures established by the Director of the Federal Housing Finance Agency (FHFA). Sets forth requirements for the purchase and securitization of qualified new mortgages. Terminates the requirement for the enterprises to purchase mortgages two years after the enactment of this Act. Directs Fannie Mae and Freddie Mac each to implement a program to provide for the refinancing of qualified mortgages on single-family housing they own and for the purchase and securitization of such refinancing mortgages in accordance with policies and procedures established by the FHFA Director. Terminates this requirement two years after enactment of this Act. Authorizes the Secretary of the Treasury to purchase securities issued by the enterprises under this Act and such other obligations as the enterprises may issue to carry out this Act. Authorizes the Secretary also, for the purpose of purchasing any such securities and obligations, to use as a public debt transaction the proceeds from the sale of other public debt securities. Treats all redemptions, purchases, and sales by the Secretary of obligations under this Act as public debt transactions of the United States. Limits to $10 billion the aggregate principal amount of outstanding obligations and securities purchased by the Secretary under this Act.

To prevent foreclosure of home mortgages and increase the availability of affordable new mortgages and affordable refinancing of mortgages held by Fannie Mae and Freddie Mac.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Chemawa Indian School Trust Transfer and Self-Determination Act of 2012''. (b) Findings.--Congress finds the following: (1) The Chemawa Indian School, originally opened in Forest Grove, Oregon, in 1880, is the longest continuously operating off-reservation boarding school for Indian children in the United States. (2) Circa 1885, Chemawa Indian School students and staff donated significant resources toward the purchase of the Salem, Oregon, school property and expressed a desire that the school lands and buildings belong to the Indians. (3) All the land purchased for the Chemawa Indian School was deeded directly to the Federal Government, has never been converted to trust status, and is not considered ``Indian country'' under title 18, United States Code. (4) The land that comprises the Chemawa Indian School is now managed by the General Services Administration. (5) As much as one-third of the Chemawa Indian School property has been sold or transferred by the Federal Government for various purposes, without direct benefit to the Chemawa students and without input from the Oregon tribes regarding whether such sales or transfers would affect the mission of the Chemawa Indian School or whether the property could be used for other Indian purposes. (6) Consistent with principles of tribal self- determination, decisions about the operation and future of the Chemawa Indian school, lands, and purposes should be under the control and authority of the Oregon tribes. (7) Resolutions supporting the transfer of the Chemawa Indian School into trust status for the benefit of the federally recognized Indian tribes in Oregon have been passed by the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes of Siletz Indians of Oregon, the Confederated Tribes of the Umatilla Indian Reservation, the Coquille Indian Tribe, the Confederated Tribes of Coos, the Lower Umpqua and Siuslaw Indians, the Klamath Tribes, the Cow Creek Band of Umpqua Indians, the Burns Paiute Tribe, the Chemawa Indian School Board, the Affiliated Tribes of Northwest Indians, and the National Congress of American Indians. SEC. 2. CHEMAWA INDIAN SCHOOL AND CHEMAWA CEMETERY LAND HELD IN TRUST FOR BENEFIT OF OREGON TRIBES. (a) Transfer of Administration and Authorization to Hold in Trust.-- (1) Transfer of administrative jurisdiction from the general services administration.--The Administrator of the General Services Administration shall transfer to the Secretary, without reimbursement, administrative jurisdiction over the land described in subsection (b). (2) Holding in trust by secretary.--Upon completion of the transfer of administrative jurisdiction under paragraph (1) and subject to any existing encumbrances, rights of way, restrictions, easements of record, or utility service agreements in effect on the date of the enactment of this Act with respect to the land described in subsection (b), the Secretary shall hold in trust for the benefit of the Oregon tribes the land described in subsection (b). (3) Limitation.--Nothing in this subsection shall be construed to prevent the future removal of the encumbrances referred to in paragraph (2). (b) Land Description.-- (1) In general.--The land to be held in trust under subsection (a) is the land and improvements owned by the United States and occupied by the Chemawa Indian School in Salem, Oregon, including the cemeteries on such land, but excluding the approximately 1.4 acres comprising the former Indian Health Service School Clinic that is located within the following sections: (A) Section 36 of township 6 south, range 3 west. (B) Section 31 of township 6 south, range 2 west. (C) Section 1 of township 7 south, range 3 west. (D) Section 6 of township 7 south, range 2 west. (2) Survey.-- (A) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall conduct a survey of the trust land. (B) Adjustment.--Upon completion of the survey conducted under subparagraph (A), the Secretary shall provide an opportunity for public notice and comment on the survey, including comments on any survey revision or adjustment. After the revisions or adjustments have been completed, the Secretary shall provide notice to the Board of Trustees that the survey has been completed. (C) Availability of survey.--The Secretary shall place a copy of the completed survey on file for public inspection at the appropriate office of the Secretary. The survey placed on file shall thereafter be the official survey and legal description of the Chemawa Indian School property and the Chemawa Cemetery property. (c) Condition.-- (1) Use of land.--As a condition of the Secretary holding the trust land in trust, the Oregon tribes shall agree that such land shall be used-- (A) in the case of land that is Chemawa Indian School property only for-- (i) Indian educational purposes; (ii) the direct support of the educational programs and services carried out on such land and other activities that support Indian education carried out on such land; (iii) the cultural benefit of the Oregon tribes; and (iv) any other purpose authorized by the Board of Trustees and approved by the Secretary; and (B) in the case of land that is Chemawa Cemetery property, only for cemetery purposes. (2) Noncompliance.--If the Secretary determines that the trust land is not being used for the purposes described in paragraph (1), the Secretary may initiate any remedial action the Secretary determines is appropriate, including seeking injunctive relief. (3) Prohibition on gaming.--As a condition of the Secretary holding the trust land in trust, the Oregon tribes shall agree that such land shall not be used to conduct gaming activities as a matter of claimed inherent authority or under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission. SEC. 3. BOARD OF TRUSTEES. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a Chemawa Indian School Board of Trustees. (b) Composition.--The Board of Trustees shall be composed of nine trustees and two adjunct trustee advisors appointed as follows: (1) Each of the Oregon tribes shall appoint one trustee. (2) One adjunct trustee advisor shall be appointed by the Secretary to jointly represent Indian tribes from each of the following Bureau of Indian Affairs Regions: (A) The Alaska Region. (B) The Northwest Region. (C) The Pacific Region. (D) The Rocky Mountain Region. (E) The Great Plains Region. (F) The Midwest Region. (3) One adjunct trustee advisor shall be appointed by the Secretary to jointly represent tribes from the following Bureau of Indian Affairs Regions: (A) The Western Region. (B) The Navajo Region. (C) The Southwest Region. (D) The Eastern Oklahoma Region. (E) The Southern Plains Region. (F) The Eastern Region. (c) Terms.-- (1) Trustees.-- (A) In general.--Each trustee shall be appointed for a term of six years except as provided in subparagraph (B). (B) Terms of initial appointees.--As designated by the Oregon tribes at the time of appointment, of the trustees first appointed-- (i) one trustee shall be appointed for a term of two years; (ii) two trustees shall be appointed for a term of three years; (iii) two trustees shall be appointed for a term of four years; (iv) two trustees shall be appointed for a term of five years; and (v) two trustees shall be appointed for a term of six years. (2) Adjunct trustee advisors.-- (A) In general.--Each adjunct trustee advisor shall be appointed for a term of six years, except as provided in subparagraph (B). (B) Terms of initial appointees.--As designated by the Secretary at the time of appointment, of the adjunct trustee advisors first appointed-- (i) one adjunct trustee advisor shall be appointed for a term of three years; and (ii) one adjunct trustee advisor shall be appointed for a term of six years. (d) Quorums and Voting.-- (1) Quorum.--Five trustees shall constitute a quorum to conduct the business of the Board of Trustees. (2) Voting.-- (A) Voting rights.--Each trustee shall have one vote and an adjunct trustee advisor may not vote. (B) Super-majority required.--Adoption of any action by the Board of Trustees involving a material change or decision with respect to the use, protection, or development of any of the trust land, or a material change in the status of the educational institution operating on or activities conducted on such land shall require the affirmative votes of at least seven trustees voting in the majority. (e) Duties and Responsibilities.-- (1) Trustees.--Subject to any regulations that may be issued by the Secretary with respect to the trust land, the Board of Trustees shall-- (A) establish protocols and procedures for the organization and operation of the Board of Trustees; (B) during such time as the Secretary directly operates a school on such land, coordinate with the Chemawa School Board regarding the organization and operation of such School Board; (C) serve as the beneficiary of such land regarding decisions made by the United States with respect to the management, use, protection, and development of such land; and (D) provide guidance and leadership relating to the long-term welfare of such land and the Indian educational and cultural functions conducted on such land. (2) Adjunct trustee advisors.--Adjunct trustee advisors shall advise the Board of Trustees on how the use, operation, protection, or development of the trust land affects the Chemawa Indian School students from the Bureau of Indian Affairs Regions the adjunct trustee advisors represent. (f) Termination.--Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Board of Trustees. SEC. 4. OPERATION OF CHEMAWA INDIAN SCHOOL. (a) Operation by the Secretary.--The Secretary shall directly operate the Chemawa Indian School unless the Board of Trustees assumes operation of the school as described in subsection (b). (b) Self-Determination Contract or Self-Governance Compact With the Secretary.--The Board of Trustees may assume operation of the Chemawa Indian School or use the trust land for any use specified in section 2(c) if the Board of Trustees, acting with the approval of a super- majority of the Board of Trustees as provided in section 3(d)(2), enters into a self-determination contract or self-governance compact with the Secretary under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b et seq.) with respect to such assumption or use. (c) Educational Activities.-- (1) The Board of Trustees may undertake or authorize any educational activity on the trust land during the operation of the Chemawa Indian School by the Secretary if such activity does not interfere with such operation. (2) If the Board of Trustees assumes the operation of the School under an Indian self-determination contract or self- governance compact as described in subsection (b), the Board of Trustees may undertake or authorize any educational activity the Board of Trustees determines is appropriate. SEC. 5. USE OF THE CHEMAWA INDIAN SCHOOL LAND IF NOT NEEDED FOR EDUCATION PURPOSES. (a) In General.--If the Secretary determines, after consultation with the Board of Trustees, that the portion of the trust land occupied by the Chemawa Indian School is no longer needed for Indian education purposes, the Secretary shall certify that the land is not needed for such purposes. (b) Use by Tribes.--Notwithstanding the conditions on the use of the trust land specified in section 2(c), if the Secretary makes the certification under subsection (a), the Board of Trustees shall require that such land be used for the collective benefit of the Oregon tribes. SEC. 6. DEFINITIONS. In this Act: (1) Board of trustees.--The term ``Board of Trustees'' means the Chemawa Indian School Board of Trustees established in section 3. (2) Oregon tribes.--The term ``Oregon tribes'' means the following federally recognized Indian tribes in Oregon: (A) Burns Paiute Tribe. (B) Coquille Indian Tribe. (C) Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. (D) Confederated Tribes of the Grand Ronde Community of Oregon. (E) Confederated Tribes of Siletz Indians of Oregon. (F) Confederated Tribes of the Warm Springs Reservation of Oregon. (G) Confederated Tribes of the Umatilla Indian Reservation. (H) Cow Creek Band of Umpqua Tribe of Indians. (I) Klamath Tribes. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Trust land.--The term ``trust land'' means the land described in section 2(b)(1).

Chemawa Indian School Trust Transfer and Self-Determination Act of 2012 - Directs the Administrator of the General Services Administration (GSA) to transfer to the Secretary of the Interior administrative jurisdiction over federally owned property occupied by the Chemawa Indian School and Chemawa Cemetery in Salem, Oregon. Requires the Secretary to hold that property in trust for nine federally recognized Indian tribes in Oregon. Requires the tribes to agree to use the Chemawa Indian School property only for their educational or cultural benefit, or for other purposes that are authorized by the Chemawa Indian School Board of Trustees (Board) and approved by the Secretary. Prohibits gaming on such lands. Directs the Secretary to establish the Board, which is to be composed of nine trustees appointed by the tribes and two adjunct trustee advisors appointed by the Secretary. Authorizes the Board to assume operation of the Chemawa Indian School or use the trust land for purposes authorized by this Act if it enters into a self-determination or self-governance agreement with the Secretary regarding such assumption or use. Requires the Board to use land occupied by the Chemawa Indian School for the collective benefit of the Oregon tribes, if the Secretary certifies that it is no longer needed for Indian education.

To authorize the Secretary of the Interior to hold in trust for the benefit of the nine federally recognized Indian tribes in Oregon the Chemawa Indian School land and improvements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Streets Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Complete street.--The term ``complete street'' means a roadway that safely accommodates all travelers, particularly public transit users, bicyclists, pedestrians (including individuals of all ages and individuals with mobility, sensory, neurological, or hidden disabilities), motorists and freight vehicles, to enable all travelers to use the roadway safely and efficiently. (2) Complete streets policy; complete streets principle.-- The terms ``complete streets policy'' and ``complete streets principle'' mean a transportation law, policy, or principle at the local, State, regional, or Federal level that ensures-- (A) the safe and adequate accommodation, in all phases of project planning and development, of all users of the transportation system, including pedestrians, bicyclists, public transit users, children, older individuals, individuals with disabilities, motorists, and freight vehicles; and (B) the consideration of the safety and convenience of all users in all phases of project planning and development. (3) Local jurisdiction.--The term ``local jurisdiction'' means any unit of local government. (4) Metropolitan planning organization.--The term ``metropolitan planning organization'' has the meaning given the term in section 134(b) of title 23, United States Code. (5) Roadway.--The term ``roadway'' means-- (A) the defined Federal functional classification roadway system; and (B) each bridge structure providing a connection for such a roadway system. (6) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (7) Senior manager.--The term ``senior manager'' means-- (A) the director of a State department of transportation (or a designee); (B) the director of a metropolitan planning organization (or a designee); and (C) the director of a regional, county, or city transportation agency that is primarily responsible for planning and approval of transportation projects (or a designee). (8) Transportation improvement program.--The term ``transportation improvement program'' has the meaning given the term ``TIP'' in section 134(b) of title 23, United States Code. SEC. 3. COMPLETE STREETS POLICY. (a) Law or Policy.--Not later than October 1 of the fiscal year that begins 2 years after the date of enactment of this Act each State and metropolitan planning organization shall have in effect-- (1) in the case of a State-- (A) a law requiring that, beginning on the effective date of the State law, all transportation projects in the State shall accommodate the safety and convenience of all users in accordance with complete streets principles; or (B) an explicit State department of transportation policy that, beginning on the effective date of the policy, all transportation projects in the State shall accommodate the safety and convenience of all users in accordance with complete streets principles; and (2) in the case of a metropolitan planning organization, an explicit statement of policy that, beginning on the effective date of the policy, all transportation projects under the jurisdiction of the metropolitan planning organization shall accommodate the safety and convenience of all users in accordance with complete streets principles. (b) Inclusions.-- (1) In general.--A law or policy described in subsection (a) shall-- (A) apply to each federally funded project of each State department of transportation or metropolitan planning organization transportation improvement program; (B) include a statement that each project under the transportation improvement program makes streets or affected rights-of-way accessible to the expected users of that facility, of all ages and abilities, including pedestrians, bicyclists, transit vehicles and users, freight vehicles, and motorists; (C) except as provided in paragraph (2), apply to new road construction and road modification projects, including design, planning, construction, reconstruction, rehabilitation, maintenance, and operations, for the entire right-of-way; (D) indicate that improvements for the safe and convenient travel by pedestrians or bicyclists of all ages and abilities on or across streets shall be fully assessed, considered, and documented as a routine element of pavement resurfacing projects; (E) delineate a clear procedure by which transportation improvement projects may be exempted from complying with complete streets principles, which shall require-- (i) approval by the appropriate senior manager, in accordance with subsection (d)(2); and (ii) documentation, with supporting data, that indicates the basis for such an exemption; (F) comply with up-to-date design standards, particularly standards relating to providing access for individuals with disabilities; (G) require that complete streets principles be applied in due consideration of the urban, suburban, or rural context in which a project is located; (H) include a list of performance standards with measurable outcomes to ensure that the transportation improvement program adheres to complete streets principles; and (I) directs agency staff to create an implementation plan. (2) Exception.--A law or policy described in subsection (a) shall not apply to a new road construction or modification project for which, as of the effective date of the law or policy, at least 30 percent of the design phase is completed. (c) Exemption Requirements and Procedures.--A law or policy described in subsection (a) shall allow for a project-specific exemption from an applicable complete streets policy if-- (1)(A) an affected roadway prohibits, by law, use of the roadway by specified users, in which case a greater effort shall be made to accommodate those specified users elsewhere, including on roadways that cross or otherwise intersect with the affected roadway; (B) the cost to the exempted project in achieving compliance with the applicable complete streets policy would be excessively disproportionate (as defined in the 2001 Department of Transportation Guidance on Accommodating Bicycle and Pedestrian Travel), as compared to the need or probable use of a particular complete street; or (C) the existing and planned population, employment densities, traffic volumes, or level of transit service around a particular roadway is so low, that the expected users of the roadway will not include pedestrians, public transportation, freight vehicles, or bicyclists; and (2) the project-specific exemption is approved by-- (A) a senior manager of the metropolitan planning organization that approved the transportation improvement program containing the exempted project; (B) a senior manager of the relevant State department of transportation; or (C) in the case of a project for which neither the metropolitan planning organization nor the State department of transportation is the agency with primary transportation planning authority, a senior manager of the regional, county, or city agency responsible for planning and approval of the project. (d) Integration.--Each State department of transportation and metropolitan planning organization implementing a complete streets policy shall incorporate complete streets principles into all aspects of the transportation project development, programming, and delivery process, including project planning and identification, scoping procedures, design approvals, design manuals, and performance measures. (e) Reports.-- (1) In general.--Each State department of transportation shall submit to the Secretary a report describing the implementation by the State of measures to achieve compliance with the requirements of this section, at such time, in such manner, and containing such information as the Secretary may require. (2) Determination by secretary.--On receipt of a report under paragraph (1), the Secretary shall determine whether the applicable State has achieved compliance with the requirements of this section. SEC. 4. CERTIFICATION. (a) In General.--Not later than 1 year after the enactment of this Act, the Secretary shall establish a method of evaluating compliance by State departments of transportation and metropolitan planning organizations with the requirements of this Act, including a requirement that each State department of transportation and metropolitan planning organization shall submit to the Secretary a report describing-- (1) each complete streets policy adopted by the State department of transportation or metropolitan planning organization; (2) the means of implementation by the State department of transportation or metropolitan planning organization of the complete streets policy; and (3) the process for providing an exemption, from the requirements of the complete streets policy of the State department of transportation or metropolitan planning organization. (b) Report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing-- (1) the method established under subsection (a); (2) the status of activities for adoption and implementation by State departments of transportation and metropolitan planning organizations of complete streets policies; (3) the tools and resources provided by the Secretary to State departments of transportation and metropolitan planning organizations to assist with that adoption and implementation; and (4) other measures carried out by the Secretary to encourage the adoption of complete streets policies by local jurisdictions. SEC. 5. ACCESSIBILITY STANDARDS. (a) Final Standards.--Not later than 1 year after the date of enactment of this Act, the Architectural and Transportation Barriers Compliance Board established by section 502(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 792(a)(1)) shall promulgate final standards for accessibility of new construction and alteration of pedestrian facilities for public rights-of-way. (b) Temporary Standards.--During the period beginning on the date of enactment of this Act and ending on the date on which the Architectural and Transportation Barriers Compliance Board promulgates final standards under subsection (a), a State or metropolitan planning organization shall apply to public rights-of-way-- (1) the standards for accessible transportation facilities contained in section 37.9 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act); or (2) if the standards referred to in paragraph (1) do not address, or are inapplicable to, an affected public right-of- way, the revised draft guidelines for accessible public rights- of-way of the Architectural and Transportation Barriers Compliance Board dated November 23, 2005. SEC. 6. RESEARCH, TECHNICAL GUIDANCE, AND IMPLEMENTATION ASSISTANCE. (a) Research.-- (1) In general.--The Secretary shall conduct research regarding complete streets to assist States, metropolitan planning organizations, and local jurisdictions in developing, adopting, and implementing plans, projects, procedures, policies, and training programs that comply with complete streets principles. (2) Participation.--The Secretary shall solicit participation in the research program under paragraph (1) by-- (A) the American Association of State Highway and Transportation Officials; (B) the Institute of Transportation Engineers; (C) the American Public Transportation Association; (D) the American Planning Association; (E) the National Association of Regional Councils; (F) the Association of Metropolitan Planning Organizations; (G) the Insurance Institute for Highway Safety; (H) the American Society of Landscape Architects; (I) representatives of transportation safety, disability, motoring, bicycling, walking, transit user, aging, and air quality organizations; and (J) other affected communities. (3) Requirements.--The research under paragraph (1) shall-- (A) be based on the applicable statement of complete streets research needs of the Transportation Research Board, as described in TR Circular E110; and (B) seek to develop new areas of inquiry, in addition to that statement. (b) Benchmarks and Guidance.-- (1) In general.--The research conducted under subsection (a) shall be designed to result in the establishment of benchmarks and the provision of practical guidance on methods of effectively implementing complete streets policies and complete streets principles that will accommodate all users along a facility or corridor, including vehicles, pedestrians, bicyclists, and transit users. (2) Focus.--The benchmarks and guidance under paragraph (1) shall-- (A) focus on modifying scoping, design, and construction procedures to more effectively combine particular methods of use into integrated facilities that meet the needs of each method in an appropriate balance; and (B) indicate the expected operational and safety performance of alternative approaches to facility design. (c) Data Collection.--The Secretary shall collaborate with the Bureau of Transportation Statistics, the Federal Transit Administration, and appropriate committees of the Transportation Research Board-- (1) to collect data regarding a baseline nonmotorized and transit use survey to be integrated into the National Household Travel Survey; and (2) to develop a survey tool for use by State departments of transportation in identifying the multimodal capacity of State and local roadways. (d) Technical Guidance.-- (1) Report.--Not later than 15 months after the date of enactment of this Act, the Secretary shall prepare and make available to all States, metropolitan planning organizations, and local jurisdictions a report that describes the best practices by which transportation agencies throughout the United States have implemented complete streets principles in accordance with, or in anticipation of, the requirements of this Act. (2) Topics for emphasis.--In preparing the report under paragraph (1), the Secretary shall place particular emphasis on the following topics: (A) Procedures for identifying the needs of users of all ages and abilities of a particular roadway. (B) Procedures for identifying the types and designs of facilities needed to serve each class of users. (C) Safety and other benefits provided by the implementation of complete streets principles. (D) Common barriers to the implementation of complete streets principles. (E) Procedures for overcoming the most common barriers to the implementation of complete streets principles. (F) Procedures for identifying the costs associated with the implementation of complete streets principles. (G) Procedures for maximizing local cooperation in the introduction and implementation of complete streets principles. (H) Procedures for assessing and modifying the facilities and operational characteristics of existing roadways to improve consistency with complete streets principles.

Safe Streets Act of 2013 - Requires each state to have in effect within two years a law, or each state department of transportation and metropolitan planning organization (MPO) an explicit policy statement, that requires all federally-funded transportation projects, with certain exceptions, to accommodate the safety and convenience of all users in accordance with certain complete streets principles. Defines "complete streets principles" as federal, state, local, or regional level transportation laws, policies, or principles which ensure that the safety and convenience of all users of a transportation system, including pedestrians, bicyclists, public transit users, children, older individuals, motorists, freight vehicles, and individuals with disabilities, are accommodated in all phases of project planning and development. Allows such law or policy to make project-specific exemptions from such principles only if: (1) affected roadways prohibit specified users by law from using them, the cost of a compliance project would be excessively disproportionate to the need, or the population, employment densities, traffic volumes, or level of transit service around a roadway is so low that the expected roadway users will not include pedestrians, public transportation, freight vehicles, or bicyclists; and (2) all such exemptions are properly approved. Requires the Secretary of Transportation (DOT) to establish a method for evaluating compliance by state departments of transportation and MPOs with complete streets principles. Requires the Access Board to issue final standards for accessibility of new construction and alterations of pedestrian facilities for public rights-of-way. Requires the Secretary to conduct research regarding complete streets to: (1) assist states, MPOs, and local jurisdictions in developing and implementing complete streets-compliant plans, projects, procedures, policies, and training programs; and (2) establish benchmarks for, and provide technical guidance on, implementing complete streets policies and principles.

Safe Streets Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Labor Relations Fair Elections Act''. SEC. 2. REFERENCE TO NATIONAL LABOR RELATIONS ACT. 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 National Labor Relations Act (29 U.S.C. 151 et seq.). SEC. 3. REPRESENTATIVES AND ELECTIONS. (a) In General.--Section 9(c) (29 U.S.C. 159(c)) is amended by adding at the end thereof the following new paragraphs: ``(6)(A) Notwithstanding any other provision of this section, the Board shall conduct an investigation whenever a petition is filed by an employee or group of employees (or any individual or labor organization acting in their behalf) alleging that-- ``(i) 75 percent of the employees in a unit appropriate for purposes of collective bargaining (under a rule established by the Board pursuant to section 6 or a decision in the applicable industry) have, by signing authorization cards, designated an individual or labor organization as their representative as defined in subsection (a), and ``(ii) no individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in such unit. ``(B) If the Board finds that the allegations specified in the petition filed pursuant to subparagraph (A) are accurate, the Board shall, within 15 days after the filing of the petition, issue an order certifying such individual or organization as the representative as defined in subsection (a). ``(7)(A) Notwithstanding any other provisions of section 9, whenever a petition shall have been filed, in accordance with such regulations as may be prescribed by the Board, by an employee or group of employees or any individual or labor organization acting in their behalf alleging that their employer declines to recognize their representative as the representative defined in subsection (a) in a unit appropriate for the purposes of collective bargaining under a rule established by the Board pursuant to section 6 or a decision in the applicable industry, that a majority of the employees in that unit have designated that individual or labor organization as their representative defined in subsection (a), and that no individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the bargaining unit defined in the petition, the Board shall investigate such petition. If the Board finds that the unit there specified is a unit appropriate for the purposes of collective bargaining under a rule established by the Board pursuant to section 6 or a decision in the applicable industry, and if the Board has reasonable cause to believe that a question of representation affecting commerce exists and that the other conditions specified in this subsection have been met, the Board shall within seven days after the filing of the petition direct an election by secret ballot not more than 15 days after a petition is filed under this subparagraph and shall so notify the representative named in the petition and the employer. ``(B) In any proceeding under this subsection in which the Board directs an election by secret ballot, and which is not governed by subparagraph (A) of this paragraph, the Board shall direct the election on a date not more than 45 days after the filing of the petition and shall inform the representatives named in the petition, the employer, and all other interested parties of the election date not less than 15 days prior to the election except that, where the Board determines that the proceeding presents issues of exceptional novelty or complexity, the Board may direct the election on a date not more than 75 days after the filing of said petition. ``(C) After an election conducted pursuant to subparagraph (A) or (B) of this paragraph is completed, the Board shall promptly serve the parties with a tally of the ballots. ``(D)(i) Any party to the election conducted pursuant to subparagraphs (A) and (B) of this paragraph may, within five days after such election, object to the election on the ground that conduct contrary to a rule relating to election declared by the Board pursuant to its authority under section 6 or conduct contrary to a rule of decision declared by the Board in a proceeding under section 10 did affect the result of the election. ``(ii) With regard to challenged ballots, the Board shall, where such ballots are sufficient in number to affect the outcome of the election, investigate the challenges and serve a report upon the parties on challenges. ``(iii) The Board shall move expeditiously to resolve any issues raised by the objections or regarding eligibility and to certify the results of the election: Provided, That an objection that an election was conducted under subparagraph (A) instead of subparagraph (B) shall not be a basis for setting the election aside.''. SEC. 4. AUTHORITY OF BOARD. Section 6 (29 U.S.C. 156) is amended to read as follows: ``Sec. 6. (a) The Board is authorized to make, amend, and rescind (in the manner prescribed by subchapter II of chapter 5 of title 5, United States Code) such rules and regulations as may be necessary to carry out the provisions of this Act. ``(b)(1) The Board shall, within 12 months after the date of enactment of the National Labor Relations Fair Elections Act, issue regulations to implement the provisions of section 9(c)(7) including rules-- ``(A) which shall, subject to reasonable conditions, including due regard for the needs of the employer to maintain the continuity of production, assure that if an employer or employer representative addresses the employees on its premises or during working time on issues relating to representation by a labor organization during a period of time that employees are seeking representation by a labor organization, the employees shall be assured an equal opportunity to obtain in an equivalent manner information concerning such issues from such labor organization; ``(B) for classes of cases in which either the distance from the Board's regional office to the election site or the number of employees involved in the election makes it infeasible to comply with the time limits stated in section 9(c)(7)(A), to extend to a maximum of 14 days the period for directing an election stated in that subsection, and to a maximum of 21 days the period for the holding of such an election stated in that subsection; ``(C) to facilitate agreements concerning the eligibility of voters; and ``(D) to govern the holding of elections in cases in which an appeal has not been decided prior to the date of the election. ``(2) The Board shall, to the fullest extent practicable, exercise its authority under subsection (a) of this section to promulgate rules declaring certain units to be appropriate for the purposes of collective bargaining. ``(3) A rule or regulation issued by the Board with respect to the subject matter set forth in paragraph (1) or (2) of this subsection shall be judicially reviewable only in a proceeding under section 10 of this Act and only on the grounds that the Board prejudicially violated the requirements of subchapter II of chapter 5 of title 5, United States Code, or that a rule or regulation of the Board is arbitrary or capricious, contrary to a specific prohibition of this Act, or of the Constitution. The failure of the Board to comply with the time requirements set forth in paragraph (1) of this subsection, or to institute a rulemaking proceeding with respect to the subject matter set forth in paragraph (2) of this subsection, within a reasonable period of time after a request for such a rulemaking procedure has been filed with the Board pursuant to section 553(e) of title 5, United States Code, or to complete such a procedure within a reasonable period after its institution, may be reviewed at the behest of any aggrieved party only in the United States Court of Appeals for the District of Columbia Circuit. The United States Court of Appeals for the District of Columbia Circuit shall have jurisdiction to grant appropriate relief.''.

National Labor Relations Fair Elections Act - Amends the National Labor Relations Act to direct the National Labor Relations Board to provide for fair and expeditious employee representation elections. Directs the Board to investigate expeditiously certain situations involving designation or election of individuals or labor organizations as employee representatives. Sets forth deadlines for the Board to conduct such investigations, as well as elections, tallies, and certifications of employee representatives. Allows employees or labor organizations to petition for such Board actions by alleging certain conditions, such as: (1) 75 percent of the employees in a collective bargaining unit having signed authorization cards designating their representative; or (2) a majority of the employees in such a unit having designated their representative, which the employer declines to recognize. Requires, in any case where the Board directs such an election to be held, that the election and tally be carried out within specified deadlines, and any objections to election results be resolved expeditiously.

National Labor Relations Fair Elections Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Freedom Act''. SEC. 2. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND SECONDARY SCHOOLS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND SECONDARY SCHOOLS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the qualified charitable contributions of the taxpayer for the taxable year. ``(b) Limitations.-- ``(1) Individuals, etc.--In the case of a taxpayer other than a corporation, the credit allowed by subsection (a) for any taxable year shall not exceed $250 ($500 in the case of a joint return). ``(2) Corporations.--In the case of a corporation, the credit allowed by subsection (a) shall not exceed $50,000. ``(3) Limitation in case of state credit.--Subject to subsection (d)(2), in the case of a taxpayer which claims a credit on a State income tax return for any qualified charitable contribution, the amount of credit under this section shall be the lesser of-- ``(A) the amount which, when added to the amount of the State income tax credit, equals the total amount of the taxpayer's qualified charitable contributions, or ``(B) the limitation amount that applies under paragraph (1) or (2). ``(c) Qualified Charitable Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified charitable contribution' means, with respect to any taxable year, the aggregate amount allowable as a deduction under section 170 (determined without regard to subsection (d)(1)) for cash contributions-- ``(A) to an education investment organization, or ``(B) to a public, private, or religious school providing education at the elementary or secondary level. ``(2) Education investment organization.--For purposes of this section-- ``(A) In general.--The term `education investment organization' means any organization described in section 170(c)(2) if the annual disbursements of the organization in the form of grants for qualified elementary and secondary education expenses are normally not less than 90 percent of the sum of such organization's annual gross income and contributions and gifts. ``(B) 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). ``(d) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this chapter for any contribution for which credit is allowed under this section. ``(2) Application with other credits.--The credit allowed by subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than sections 21, 22, 24, 25A, 25B, subpart C, and this section) and under section 1397E. ``(3) Controlled groups.--All persons who are treated as one employer under subsection (a) or (b) of section 52 shall be treated as 1 taxpayer for purposes of this section. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Credit for contributions for the benefit of elementary and secondary schools.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 3. EXCLUSION FROM GROSS INCOME OF GRANTS FROM EDUCATION INVESTMENT ORGANIZATIONS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 117 the following new section: ``SEC. 117A. GRANTS FROM EDUCATION INVESTMENT ORGANIZATIONS. ``(a) General Rule.--Gross income does not include any amount received as a grant for qualified elementary and secondary education expenses from an education investment organization. ``(b) Definitions.--For purposes of this section, the terms `qualified elementary and secondary education expenses' and `education investment organization' have the meanings provided by section 30B.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 117 the following: ``Sec. 117A. Grants from education investment organizations.''. (c) Effective Date.--The amendments made by this section shall apply to amounts received in taxable years beginning after December 31, 2003. SEC. 4. REVISION OF DEFINITION OF SCHOOL FOR PURPOSES OF QUALIFIED ELEMENTARY AND SECONDARY EDUCATION EXPENSES. (a) In General.--Paragraph (4) of section 530(b) of the Internal Revenue Code of 1986 (defining qualified elementary and secondary education expenses) is amended-- (1) in clauses (i) and (ii) of subparagraph (A), by striking ``public, private, or religious'', and (2) in subparagraph (B), by inserting after ``any school'' the following: ``, including a public, private, religious, or home school,''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003.

Education Freedom Act - Amends the Internal Revenue Code to permit a tax credit for 50 percent of certain cash contributions by a taxpayer to an education investment organization or to an elementary or secondary school. Sets a maximum credit of $50,000 for corporations and $250 for other taxpayers ($500 for a joint return). Provides other limitations on the amount of the credit in certain specified instances.Excludes from gross income any amount received as a grant for qualified elementary and secondary expenses from an education investment organization. Defines "qualified elementary and secondary expenses" and "education investment organization." Revises definition of "school" for purposes of defining qualified elementary and secondary education expenses.

To amend the Internal Revenue Code of 1986 to allow a credit for contributions for the benefit of elementary and secondary schools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Farm Insurance Act of 2013''. SEC. 2. NONINSURED CROP ASSISTANCE PROGRAM. Section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333), as amended by section 11013(b)) is further amended-- (1) in subsection (a)-- (A) by striking paragraph (1) and inserting the following new paragraph: ``(1) In general.-- ``(A) Coverages.--In the case of an eligible crop described in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop disaster assistance program to provide coverages based on individual yields (other than for value-loss crops) equivalent to-- ``(i) catastrophic risk protection available under section 508(b) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)); or ``(ii) additional coverage available under subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) that does not exceed 65 percent. ``(B) Administration.--The Secretary shall carry out this section through the Farm Service Agency (referred to in this section as the `Agency').''; and (B) in paragraph (2)(A)-- (i) in clause (i), by striking ``and'' after the semicolon at the end; (ii) by redesignating clause (ii) as clause (iii); and (iii) by inserting after clause (i) the following new clause: ``(ii) for which additional coverage under subsections (c) and (h) of section 508 of that Act (7 U.S.C. 1508) is not available; and''; (2) in subsection (d), by striking ``The Secretary'' and inserting ``Subject to subsection (l), the Secretary''; and (3) by adding at the end the following new subsection: ``(l) Payment Equivalent to Additional Coverage.-- ``(1) In general.--The Secretary shall make available to a producer eligible for noninsured assistance under this section a payment equivalent to an indemnity for additional coverage under subsections (c) and (h) of section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) that does not exceed 65 percent of the established yield for the eligible crop on the farm, computed by multiplying-- ``(A) the quantity that is not greater than 65 percent of the established yield for the crop, as determined by the Secretary, specified in increments of 5 percent; ``(B) 100 percent of the average market price for the crop, as determined by the Secretary; and ``(C) a payment rate for the type of crop, as determined by the Secretary, that reflects-- ``(i) in the case of a crop that is produced with a significant and variable harvesting expense, the decreasing cost incurred in the production cycle for the crop that is, as applicable-- ``(I) harvested; ``(II) planted but not harvested; or ``(III) prevented from being planted because of drought, flood, or other natural disaster, as determined by the Secretary; or ``(ii) in the case of a crop that is produced without a significant and variable harvesting expense, such rate as shall be determined by the Secretary. ``(2) Premium.--To be eligible to receive a payment under this subsection, a producer shall pay-- ``(A) the service fee required by subsection (k); and ``(B) a premium for the applicable crop year that is equal to the product obtained by multiplying-- ``(i) the number of acres devoted to the eligible crop; ``(ii) the established yield for the eligible crop, as determined by the Secretary under subsection (e); ``(iii) the coverage level elected by the producer; ``(iv) the average market price, as determined by the Secretary; and ``(v) .0525. ``(3) Limited resource, beginning, and socially disadvantaged farmers.--The additional coverage made available under this subsection shall be available to limited resource, beginning, and socially disadvantaged producers, as determined by the Secretary, in exchange for a premium that is 50 percent of the premium determined for a producer under paragraph (2). ``(4) Premium payment and application deadline.-- ``(A) Premium payment.--A producer electing additional coverage under this subsection shall pay the premium amount owed for the additional coverage by September 30 of the crop year for which the additional coverage is purchased. ``(B) Application deadline.--The latest date on which additional coverage under this subsection may be elected shall be the application closing date described in subsection (b)(1). ``(5) Effective date.--Additional coverage under this subsection shall be available beginning with the 2014 crop.''.

Small Farm Insurance Act of 2013 - Amends the Federal Agriculture Improvement and Reform Act of 1996 to direct the Secretary of Agriculture (USDA) to provide coverages for eligible crops based on individual yields (other than for value-loss crops) under the noninsured crop disaster assistance program equivalent to: (1) catastrophic risk protection, or (2) specified additional coverage. Provides reduced premiums for limited resource, beginning, and socially disadvantaged producers.

Small Farm Insurance Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeowner Advocate Act of 2011''. SEC. 2. OFFICE OF THE HOMEOWNER ADVOCATE. (a) Establishment.--There is established in the Department of the Treasury an office to be known as the ``Office of the Homeowner Advocate'' (in this Act referred to as the ``Office''). (b) Director.-- (1) In general.--The Director of the Office of the Homeowner Advocate (in this Act referred to as the ``Director'') shall report directly to the Assistant Secretary of the Treasury for Financial Stability, and shall be entitled to compensation at the same rate as the highest rate of basic pay established for the Senior Executive Service under section 5382 of title 5, United States Code. (2) Appointment.--The Director shall be appointed by the Secretary, after consultation with the Secretary of the Department of Housing and Urban Development, and without regard to the provisions of title 5, United States Code, relating to appointments in the competitive service or the Senior Executive Service. (3) Qualifications.--An individual appointed under paragraph (2) shall have-- (A) experience as an advocate for homeowners; and (B) experience dealing with mortgage servicers. (4) Restriction on employment.--An individual may be appointed as Director only if such individual was not an officer or employee of either a mortgage servicer or the Department of the Treasury during the 4-year period preceding the date of such appointment. (5) Hiring authority.--The Director shall have the authority to hire staff, obtain support by contract, and manage the budget of the Office of the Homeowner Advocate. SEC. 3. FUNCTIONS OF THE OFFICE. (a) In General.--It shall be the function of the Office-- (1) to assist homeowners, housing counselors, and housing lawyers in resolving problems with the Home Affordable Modification Program of the Making Home Affordable initiative of the Secretary, authorized under the Emergency Economic Stabilization Act of 2008 (in this Act referred to as the ``Home Affordable Modification Program''); (2) to identify areas, both individual and systematic, in which homeowners, housing counselors, and housing lawyers have problems in dealings with the Home Affordable Modification Program; (3) to the extent possible, to propose changes in the administrative practices of the Home Affordable Modification Program, to mitigate problems identified under paragraph (2); (4) to identify potential legislative changes which may be appropriate to mitigate such problems; and (5) to implement other programs and initiatives that the Director deems important to assisting homeowners, housing counselors, and housing lawyers in resolving problems with the Home Affordable Modification Program, which may include-- (A) running a triage hotline for homeowners at risk of foreclosure; (B) providing homeowners with access to housing counseling programs of the Department of Housing and Urban Development at no cost to the homeowner; (C) developing Internet tools related to the Home Affordable Modification Program; and (D) developing training and educational materials. (b) Authority.-- (1) In general.--Staff designated by the Director shall have the authority to implement servicer remedies, on a case- by-case basis, subject to the approval of the Assistant Secretary of the Treasury for Financial Stability. (2) Resolution of homeowner concerns.--The Office shall, to the extent possible, resolve all homeowner concerns not later than 30 days after the opening of a case with such homeowner. (c) Commencement of Operations.--The Office shall commence its operations, as required by this Act, not later than 3 months after the date of enactment of this Act. (d) Sunset.--The Office shall cease operations as of the date on which the Home Affordable Modification Program ceases to operate. SEC. 4. RELATIONSHIP WITH EXISTING ENTITIES. (a) Transfer.--The Office shall coordinate and centralize all complaint escalations relating to the Home Affordable Modification Program. (b) Hotline.--The HOPE hotline (or any successor triage hotline) shall reroute all complaints relating to the Home Affordable Modification Program to the Office. (c) Coordination.--The Office shall coordinate with the compliance office of the Office of Financial Stability of the Department of the Treasury and the Homeownership Preservation Office of the Department of the Treasury. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall prohibit a mortgage servicer from evaluating a homeowner for eligibility under the Home Affordable Foreclosure Alternatives Program while a case is still open with the Office of the Homeowner Advocate. Nothing in this Act may be construed to relieve any loan services from otherwise applicable rules, directives, or similar guidance under the Home Affordable Modification Program relating to the continuation or completion of foreclosure proceedings. SEC. 6. REPORTS TO CONGRESS. (a) Testimony.--The Director shall be available to testify before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, not less frequently than 4 times a year, or at any time at the request of the Chairs of either committee. (b) Reports.--Once annually, the Director shall provide a detailed report to Congress on the Home Affordable Modification Program. Such report shall contain full and substantive analysis, in addition to statistical information, including, at a minimum-- (1) data and analysis of the types and volume of complaints received from homeowners, housing counselors, and housing lawyers, broken down by category of servicer, except that servicers may not be identified by name in the report; (2) a summary of not fewer than 20 of the most serious problems encountered by Home Affordable Modification Program participants, including a description of the nature of such problems; (3) to the extent known, identification of the 10 most litigated issues for Home Affordable Modification Program participants, including recommendations for mitigating such disputes; (4) data and analysis on the resolutions of the complaints received from homeowners, housing counselors, and housing lawyers; (5) identification of any programs or initiatives that the Office has taken to improve the Home Affordable Modification Program; (6) recommendations for such administrative and legislative action as may be appropriate to resolve problems encountered by Home Affordable Modification Program participants; and (7) such other information as the Director may deem advisable. SEC. 7. FUNDING. Amounts made available for the costs of administration of the Home Affordable Modification Program that are not otherwise obligated shall be available to carry out the duties of the Office. Funding shall be maintained at levels adequate to reasonably carry out the functions of the Office. SEC. 8. PROHIBITION ON PARTICIPATION IN MAKING HOME AFFORDABLE FOR BORROWERS WHO STRATEGICALLY DEFAULT. No mortgage may be modified under the Making Home Affordable Program, or with any funds from the Troubled Asset Relief Program, unless the servicer of the mortgage loan has determined, in accordance with standards and requirements established by the Secretary of the Treasury, that the mortgagor cannot afford to make payments under the terms of the existing mortgage loan. The Secretary of the Treasury, in consultation with the Secretary of Housing and Urban Development, shall issue rules to carry out this section not later than 90 days after the date of enactment of this Act. This section shall not apply to any refinancing or modifications made under the ``FHA Program Adjustments to Support Refinancings for Underwater Homeowners,'' announced by the Department of the Treasury and the Department of Housing and Urban Development on March 26, 2010, as long as the program continues to be structured so that borrowers participating in the FHA refinance program cannot be in default on their primary mortgage at the time of refinance and their eligibility in the program is not helped if they are in default on their second mortgage, and thus lack a strategic reason to go into default on either their first or second mortgage to participate in the program. SEC. 9. PUBLIC AVAILABILITY OF INFORMATION. (a) Public Availability of Data.--The Secretary of the Treasury shall revise the guidelines for the Home Affordable Modification Program of the Making Home Affordable initiative of the Secretary of the Treasury, authorized under the Emergency Economic Stabilization Act of 2008 (Public Law 110-343), to establish that the data collected by the Secretary of the Treasury from each mortgage servicer and lender participating in the Program is made public in accordance with subsection (b). (b) Content.--Not more than 60 days after each monthly deadline for submission of data by mortgage servicers and lender participating in the program, the Treasury shall make all data tables available to the public at the individual record level. This data shall include but not be limited to-- (1) higher risk loans, including loans made in connection with any program to provide expanded loan approvals, shall be reported separately; (2) disclose-- (A) the rate or pace at which such mortgages are becoming seriously delinquent; (B) whether such rate or pace is increasing or decreasing; (C) if there are certain subsets within the loans covered by this section that have greater or lesser rates or paces of delinquency; and (D) if such subsets exist, the characteristics of such subset of mortgages; (3) with respect to the loss mitigation efforts of the loan-- (A) the processes and practices that the reporter has in effect to minimize losses on mortgages covered by this section; and (B) the manner and methods by which such processes and practices are being monitored for effectiveness; (4) disclose, with respect to loans that are or become 60 or more days past due, (provided that for purposes of disclosure under this paragraph that each loan should have a unique number that is not the same as any loan number the borrower, originator, or servicer uses), the following attributes-- (A) the original loan amount; (B) the current loan amount; (C) the loan-to-value ratio and combined loan-to- value ratio, both at origination and currently, and the number of liens on the property; (D) the property valuation at the time of origination of the loan, and all subsequent property valuations and the date of each valuation; (E) each relevant credit score of each borrower obtained at any time in connection with the loan, with the date of the credit score, to the extent allowed by existing law; (F) whether the loan has any mortgage or other credit insurance or guarantee; (G) the current interest rate on such loan; (H) any rate caps and floors if the loan is an adjustable rate mortgage loan; (I) the adjustable rate mortgage index or indices for such loan; (J) whether the loan is currently past due, and if so how many days such loan is past due; (K) the total number of days the loan has been past due at any time; (L) whether the loan is subject to a balloon payment; (M) the date of each modification of the loan; (N) whether any amounts of loan principal has been deferred or written off, and if so, the date and amount of each deferral and the date and amount of each writedown; (O) whether the interest rate was changed from a rate that could adjust to a fixed rate, and if so, the period of time for which the rate will be fixed; (P) the amount by which the interest rate on the loan was reduced, and for what period of time it was reduced; (Q) if the interest rate was reduced or fixed for a period of time less than the remaining loan term, on what dates, and to what rates, could the rate potentially increase in the future; (R) whether the loan term was modified, and if so, whether it was extended or shortened, and by what amount of time; (S) whether the loan is in the process of foreclosure or similar procedure, whether judicial or otherwise; and (T) whether a foreclosure or similar procedure, whether judicial or otherwise, has been completed. (c) Guidelines and Regulations.--The Secretary of the Treasury shall establish guidelines and regulations necessary-- (1) to ensure that the privacy of individual consumers is appropriately protected in the reports under this section; (2) to make the data reported under this subsection available on a public Web site with no cost to access the data, in a consistent format; (3) to update the data no less frequently than monthly; (4) to establish procedures for disclosing such data to the public on a public Web site with no cost to access the data; and (5) to allow the Secretary to make such deletions as the Secretary may determine to be appropriate to protect any privacy interest of any loan modification applicant, including the deletion or alteration of the applicant's name and identification number. (d) Exception.--No data shall have to be disclosed if it voids or violates existing contracts between the Secretary of Treasury and mortgage servicers as part of the Making Home Affordable Program.

Office of the Homeowner Advocate Act of 2011 - Establishes in the Department of the Treasury the Office of the Homeowner Advocate to assist homeowners, housing counselors, and housing lawyers in resolving problems with the Home Affordable Modification Program (HAMP) of the Making Home Affordable initiative of the Secretary of the Treasury, authorized under the Emergency Economic Stabilization Act of 2008. Prohibits any modification of a mortgage under the Making Home Affordable Program, or with any funds from the Troubled Asset Relief Program (TARP), unless the servicer of the mortgage loan has determined, in accordance with standards and requirements established by the Secretary, that the mortgagor cannot afford to make payments under the terms of the existing mortgage loan. (Thus prohibits participation in such Program for borrowers who strategically default.) Requires the Secretary to revise the guidelines for HAMP to establish that the data collected by the Secretary from each mortgage servicer and lender participating in the Program is made public at the individual record level in a specified manner.

A bill to establish the Office of the Homeowner Advocate.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coming Together for National Guard and Reserve Families Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) More than 700,000 children have had a parent deployed overseas as a member of the Armed Forces since September 11, 2001, and more than such 2,700 children have had a parent killed in Iraq or Afghanistan. (2) Forty-one percent of the members of the National Guard and Reserve who have been deployed overseas report mental health symptoms within three to six months of returning home from deployment, compared with 32 percent of the members of the regular military who have been so deployed. Fifteen percent of the members of the National Guard and Reserve have been identified as at risk for post traumatic stress disorder (PTSD), compared with 9 percent of the members of the regular military. Research suggests that increased stress in the family can trigger symptoms of post traumatic stress disorder. (3) Military families face significant challenges throughout the deployment cycle of members of the Armed Forces. Families of members of the National Guard and Reserve are particularly vulnerable because of their distance from military bases and their lack of access to the services upon which military families typically draw. In addition, many families of members of the National Guard and Reserve are currently experiencing multiple extended deployments, and do not have the necessary support available to them. (4) Uncertainty and separation can create high levels of stress for parents, spouses, and children. Stress can put children at greater risk for behavioral problems, academic difficulties, anxiety, and depression. Family separations many times result in marital problems, financial difficulties, and stress on family relationships. (5) Research suggests that military families who receive community and social support while members of the National Guard and Reserve are undergoing deployment have the most positive outcomes. Supporting families and children affected by deployment can ease transitional stress, help members of the National Guard and Reserve and their families cope during and after deployment, prevent mental health problems, and assist in a smooth transition of members of the National Guard and Reserve back to civilian life. SEC. 3. FAMILY SUPPORT FOR FAMILIES OF MEMBERS OF THE NATIONAL GUARD AND RESERVE UNDERGOING DEPLOYMENT. (a) Family Support.-- (1) In general.--The Secretary of Defense shall enhance and improve current programs of the Department of Defense to provide family support for families of members of the National Guard and Reserve in order to improve the assistance available for families of members of the National Guard and Reserve who are deployed throughout their deployment cycle. (2) Specific enhancements.--In enhancing and improving programs under paragraph (1), the Secretary shall enhance and improve the availability of the following: (A) Support staff to assist families of the members of the National Guard and Reserve who are deployed throughout their deployment cycle, including staff to assist such families in-- (i) preparing and updating family care plans; and (ii) securing information on health care benefits and services and on other community resources. (B) Support staff to provide referrals for such families for-- (i) crisis services; and (ii) marriage counseling and family counseling. (b) Post-Deployment Assistance for Spouses and Parents of Returning Members.-- (1) In general.--The Secretary of Defense shall provide spouses and parents of members of the National Guard and Reserve who are returning from deployment assistance in-- (A) understanding issues that arise in the readjustment of such members to civilian life; (B) identifying signs and symptoms of mental health issues; and (C) encouraging such members and their families in seeking assistance for such issues. (2) Information on available resources.--In providing assistance under paragraph (1), the Secretary shall provide information on local resources for mental health services, family counseling services, or other appropriate services, including services available from both military providers of such services and community-base providers of such services. (3) Timing.--The Secretary shall provide resources under paragraph (1) with respect to a member of the National Guard or Reserve returning from deployment approximately six months after the date of the return of such member from deployment. (c) Authorization of Appropriations.--There is hereby authorized to be appropriated for the Department of Defense for fiscal year 2008, $4,000,000 to carry out this section. SEC. 4. PILOT PROGRAM ON FAMILY-TO-FAMILY SUPPORT FOR FAMILIES OF MEMBERS OF THE NATIONAL GUARD AND RESERVE UNDERGOING DEPLOYMENT. (a) Pilot Program Required.-- (1) In general.--The Secretary of Defense shall, in consultation with the Secretary of Health and Human Services, carry out a pilot program to-- (A) assess the effectiveness of family-to-family support programs in-- (i) the early identification and prevention of family problems for families of members of the National Guard and Reserve who are deployed; (ii) the provision of peer support for such families; (iii) reducing adverse outcomes for children of such families, including poor academic performance, behavioral problems, and the adverse consequence of stress and anxiety; and (iv) improving family readiness and post- deployment transition for such families; and (B) assess the feasability and advisability of utilizing spouses of members of the Armed Forces to act as counselors for spouses and families of members of the National Guard and Reserve who are deployed in order to assist such spouses and families in coping with the deployment of such members throughout their deployment cycle. (2) Construction with other assistance.--The pilot program shall be in addition to any assistance programs carried out by the Secretary of Defense. (b) Counseling Duties.--The duties of spouses who act as counselors under the pilot program shall include-- (1) the provision of assistance to spouses and families of members of the National Guard and Reserve who are deployed with respect to family readiness, health care, and crisis referral; and (2) the provision of outreach to such spouses and families on mental health matters such as marriage and family counseling. (c) Training in Counseling.--In carrying out the pilot program, the Secretary shall provide appropriate training to spouses who act as counselors under the pilot program, including training on the matters set forth in clauses (i) through (iv) of subsection (a)(1)(A). (d) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the pilot program. The report shall include-- (1) a description of the activities under the pilot program; (2) an assessment of the effectiveness of family-to-family support programs in achieving the results set forth in subsection (a)(1)(A); (3) an assessment of the feasability and advisability of utilizing spouses of members of the Armed Forces to act as counselors as described in subsection (a)(1)(B); and (4) such other matters as the Secretary considers appropriate in light of the pilot program. (e) Authorization of Appropriations.--There is hereby authorized to be appropriated for the Department of Defense for fiscal year 2008, $1,000,000 to carry out this section. SEC. 5. SUPPORT SERVICES FOR CHILDREN, INFANTS, AND TODDLERS OF MEMBERS OF THE NATIONAL GUARD AND RESERVE UNDERGOING DEPLOYMENT. (a) Enhancement of Support Services for Children.-- (1) In general.--The Secretary of Defense shall, in consultation with the Secretary of Health and Human Services, enter into a contract or other agreement with a private sector entity having expertise in the health and well-being of families and children in order to enhance and develop support services for children of members of the National Guard and Reserve who are deployed. (2) Support services.--In enhancing and developing support services pursuant to paragraph (1), the entity referred to in that paragraph shall-- (A) develop materials for parents and other caretakers of children of members of the National Guard and Reserve who are deployed to assist such parents and caretakers in responding to the adverse implications of such deployment (and the death or injury of such members during such deployment) for such children, including the role such parents and caretakers can play in addressing and mitigating such implications; (B) develop programs and activities to increase awareness throughout the military and civilian communities of the adverse implications of such deployment (and the death or injury of such members during such deployment) for such children and their families and to increase collaboration within such communities to address and mitigate such implications; (C) develop training for early child care and education, mental health, health care, and family support professionals to enhance the awareness of such professionals of their role in assisting families in addressing and mitigating the adverse implications of such deployment (and the death or injury of such members during such deployment) for such children; and (D) conduct research on best practices for building psychological and emotional resiliency in such children in coping with the deployment of such members. (b) Enhancement of Support Services for Infants and Toddlers.-- (1) In general.--The Secretary of Defense shall, in consultation with the Secretary of Health and Human Services, enter into a contract or other agreement with a private sector entity having expertise in the health and well-being of infants and toddlers in order to enhance and develop support services to address the special needs of infants and toddlers of members of the National Guard and Reserve who are deployed. (2) Support services.--In enhancing and developing support services pursuant to paragraph (1), the entity referred to in that paragraph shall-- (A) develop materials for parents and other caretakers of infants and toddlers of members of the National Guard and Reserve who are deployed to assist such parents and caretakers in responding to the adverse implications of such deployment (and the death or injury of such members during such deployment) for such infants and toddlers, including the role such parents and caretakers can play in addressing and mitigating such implications; (B) develop programs and activities to increase awareness throughout the military and civilian communities of the adverse implications of such deployment (and the death or injury of such members during such deployment) for such infants and toddlers and their families and to increase collaboration within such communities to address and mitigate such implications; (C) develop training for education, mental health, health care, and family support professionals to enhance the awareness of such professionals of their role in assisting families in addressing and mitigating the adverse implications of such deployment (and the death or injury of such members during such deployment) for such infants and toddlers; and (D) conduct research on best practices for building psychological and emotional resiliency in the families of such infants and toddlers in coping with the deployment of such members. (c) Reports.-- (1) Reports required.--At the end of the 18-month period beginning on the date of the enactment of this Act, and at the end of the 36-month period beginning on that date, each entity with which the Secretary of Defense enters into a contract or agreement under subsection (a) or (b) shall submit to the Secretary, and to Congress, a report on the activities of such entity under such contract. (2) Elements.--Each report under paragraph (1) shall include the following: (A) An assessment of the extent to which outreach to parents and other caretakers of children, or infants and toddlers, as applicable, of members of the National Guard and Reserve was effective in reaching such parents and caretakers and in mitigating the adverse effects of the deployment of such members on such children or infants and toddlers. (B) An assessment of the effectiveness of the programs and activities under such contract in increasing collaboration and service provision in community agencies serving family members of the National Guard and Reserve undergoing deployment. (C) An assessment of the effectiveness of training materials for education, mental health, health, and family support professionals developed under such contract in increasing awareness of their role in assisting families in addressing and mitigating the adverse effects on children, or infants and toddlers, of the deployment of members of the National Guard and Reserve. (D) A description of best practices identified under such contract for building psychological and emotional resiliency in children, or infants and toddlers, in coping with the deployment of members of the National Guard and Reserve. (d) Authorization of Appropriations.-- (1) Support services for children.--There is hereby authorized to be appropriated for the Department of Defense for fiscal year 2008, $6,000,000 to carry out subsection (a). (2) Support services for infants and toddlers.--There is hereby authorized to be appropriated for the Department of Defense for fiscal year 2008, $6,000,000 to carry out subsection (b). SEC. 6. MENTAL HEALTH SERVICES FOR FAMILY MEMBERS OF DISABLED MEMBERS OF THE NATIONAL GUARD AND RESERVE. (a) Expansion of Availability of Mental Health Services.-- (1) In general.--The Secretary of Veterans Affairs and the Secretary of Defense shall jointly take appropriate actions to expand and enhance access to mental health services for family members of members and former members of the National Guard and Reserve who are disabled during military service. (2) Services.--Access to mental health services shall be expanded under paragraph (1) by the provision of mental health services through the following: (A) Community-based outpatient clinics of the Department of Veterans Affairs staffed by personnel of the Department. (B) Referral to appropriate facilities of the Department of Veterans Affairs for the receipt of such services. (C) Referral to appropriate mental health professionals in the community for receipt of such services. (D) Providers of telemental health services. (3) Authorization of appropriations.--There is hereby authorized to be appropriated for the Department of Veterans Affairs for fiscal year 2008, $8,000,000 to carry out this section. (b) Comptroller General Report on Access to Mental Health Services Through TRICARE.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on barriers to access to mental health services through the TRICARE program, including the number of mental health services providers under the TRICARE program that are located more than 40 miles from a military installation. (2) Recommendations.--The report under paragraph (1) shall include recommendations for-- (A) increasing access to mental health services providers under the TRICARE program for members of the National Guard and their families; and (B) increasing the number of mental health services providers under the TRICARE program in areas located more than 40 miles from a military installation.

Coming Together for National Guard and Reserve Families Act of 2007 - Directs the Secretary of Defense to enhance and improve Department of Defense (DOD) programs to provide family support for families of members of the National Guard and Reserve undergoing deployment (members). Requires such support to include post-deployment assistance for spouses and parents of returning members. Directs the Secretary to: (1) conduct a pilot program of family-to-family support for families of such members; and (2) contract for support services for children, infants, and toddlers of such members. Directs the Secretary and the Secretary of Veterans Affairs to jointly expand and enhance access to mental health services for families of members who are disabled during military service. Requires a report from the Comptroller General to Congress on barriers to access to mental health services through TRICARE (a DOD managed health care program), including the number of providers under TRICARE that are located more than 40 miles from a military installation.

A bill to provide support and assistance for families of members of the National Guard and Reserve who are undergoing deployment, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Drug Availability and Health Care Access Improvement Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--MEDICAID PRESCRIPTION DRUG COVERAGE FOR LOW-INCOME MEDICARE BENEFICIARIES Sec. 101. Medicaid prescription drug coverage for low-income medicare beneficiaries. TITLE II--IMPROVED ACCESS OF MEDICARE BENEFICIARIES TO MEDICARE+CHOICE PLANS Sec. 201. Improved access to Medicare+Choice plans through an increase in the minimum Medicare+Choice capitation rate. TITLE III--IMPROVED ACCESS TO REASONABLY PRICED PRESCRIPTION DRUGS Sec. 301. Amendments to program for importation of certain prescription drugs by pharmacists and wholesalers. TITLE I--MEDICAID PRESCRIPTION DRUG COVERAGE FOR LOW-INCOME MEDICARE BENEFICIARIES SEC. 101. MEDICAID PRESCRIPTION DRUG COVERAGE FOR LOW-INCOME MEDICARE BENEFICIARIES. (a) In General.--Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)) is amended-- (1) by striking ``and'' at the end of subparagraph (F); (2) by adding ``and'' at the end of subparagraph (G); and (3) by inserting after subparagraph (G) the following new subparagraph: ``(H) for making medical assistance available for prescribed drugs (in the same amount, duration, and scope as for individuals described in subparagraph (A)) for qualified medicare beneficiaries described in section 1905(p)(1) and for individuals who would be such qualified medicare beneficiaries but for the fact that their income exceeds the income level established by the State under section 1905(p)(2) but is less than 175 percent of the official poverty line (referred to in such section) for a family of the size involved;''. (b) 100 Percent Federal Financing of Additional Costs.--Section 1903(a) of such Act (42 U.S.C. 1396b(a)) is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by adding after paragraph (6) the following new paragraph: ``(7) an amount equal to 100 percent of amounts as expended as medical assistance for prescribed drugs described in section 1902(a)(10)(H) to individuals who are eligible for such assistance only on the basis of such section; and''. (c) Permitting Charging of Sliding Scale Premiums for Qualifying Individuals With Incomes Above 135 Percent of Poverty Line.--Section 1916 of such Act Social Security Act is amended-- (1) in subsection (b), by striking ``or (E)'' and inserting ``, (E), or (H)''; and (2) in subsection (d)-- (A) by inserting ``(1)'' after ``(d)'', and (B) by adding at the end the following new paragraph: ``(2)(A) With respect to an individual described in section 1902(a)(10)(H) whose income (as determined under section 1905(p)(1)(B)) exceeds 135 percent of the official poverty line referred to in that section, the State plan of a State shall provide for the charging of a premium (expressed as a percentage of the average actuarial cost of the benefits described in section 1902(a)(10)(H) provided with respect to individuals described in such section) according to a sliding scale under which such percentage increases from 0 percent to 100 percent, in reasonable increments (as determined by the Secretary), as the individual's income increases from 135 percent of such poverty line to 175 percent of such poverty line. ``(B) A State shall not require prepayment of a premium imposed pursuant to subparagraph (A) and shall not terminate eligibility of an individual for medical assistance under this title on the basis of failure to pay any such premium until such failure continues for a period of not less than 60 days. The State may waive payment of any such premium in any case where the State determines that requiring such payment would create an undue hardship. ``(C) A State may permit State or local funds available under other programs to be used for payment of a premium imposed under subparagraph (A). Payment of a premium with such funds shall not be counted as income to the individual with respect to whom such payment is made.''. (d) Effective Date.--The amendments made by this section take effect on the first day of the first year that begins more than 6 months after the date of the enactment of this Act. TITLE II--IMPROVED ACCESS OF MEDICARE BENEFICIARIES TO MEDICARE+CHOICE PLANS SEC. 201. IMPROVED ACCESS TO MEDICARE+CHOICE PLANS THROUGH AN INCREASE IN THE MINIMUM MEDICARE+CHOICE CAPITATION RATE. (a) In General.--Section 1853(c)(1)(B) of the Social Security Act (42 U.S.C. 1395w-23(c)(1)(B)), as amended by section 601(a) of Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554), is amended-- (1) by redesignating clause (iv) as clause (v); (2) by inserting after clause (iii) the following new clause: ``(iv) For 2002-- ``(I) for any area in the 50 States and the District of Columbia, $600; and ``(II) for any other area, the minimum amount specified in clause (iii) for that area for 2001 increased by the national per capita Medicare+Choice growth percentage, described in paragraph (6)(A) for 2002.''; and (3) in clause (v), as so redesignated-- (A) by striking ``2002'' and inserting ``2003''; and (B) by striking ``or clause (iii)'' and inserting ``or clause (iv)''. (b) Effective Date.--The amendments made by subsection (a) apply to years beginning with 2002. TITLE III--IMPROVED ACCESS TO REASONABLY PRICED PRESCRIPTION DRUGS SEC. 301. AMENDMENTS TO PROGRAM FOR IMPORTATION OF CERTAIN PRESCRIPTION DRUGS BY PHARMACISTS AND WHOLESALERS. Section 804 of the Federal Food, Drug, and Cosmetic Act (as added by section 745(c)(2) of Public Law 106-387) is amended-- (1) by striking subsections (e) and (f) and inserting the following subsections: ``(e) Testing; Approved Labeling.-- ``(1) Testing.--Regulations under subsection (a)-- ``(A) shall require that testing referred to in paragraphs (6) through (8) of subsection (d) be conducted by the importer of the covered product pursuant to subsection (a), or the manufacturer of the product; ``(B) shall require that, if such tests are conducted by the importer, information needed to authenticate the product being tested be supplied by the manufacturer of such product to the importer; and ``(C) shall provide for the protection of any information supplied by the manufacturer under subparagraph (B) that is a trade secret or commercial or financial information that is privileged or confidential. ``(2) Approved labeling.--For purposes of importing a covered product pursuant to subsection (a), the importer involved may use the labeling approved for the product under section 505, notwithstanding any other provision of law. ``(f) Discretion of Secretary Regarding Testing.--The Secretary may waive or modify testing requirements described in subsection (d) if, with respect to specific countries or specific distribution chains, the Secretary has entered into agreements or otherwise approved arrangements that the Secretary determines ensure that the covered products involved are not adulterated or in violation of section 505.''; (2) by striking subsections (h) and (i) and inserting the following subsections: ``(h) Prohibited Agreements; Nondiscrimination.-- ``(1) Prohibited agreements.--No manufacturer of a covered product may enter into a contract or agreement that includes a provision to prevent the sale or distribution of covered products imported pursuant to subsection (a). ``(2) Nondiscrimination.--No manufacturer of a covered product may take actions that discriminate against, or cause other persons to discriminate against, United States pharmacists, wholesalers, or consumers regarding the sale or distribution of covered products. ``(i) Study and Report.-- ``(1) Study.--The Comptroller General of the United States shall conduct a study on the imports permitted under this section, taking into consideration the information received under subsection (a). In conducting such study, the Comptroller General shall-- ``(A) evaluate importers' compliance with regulations, determine the number of shipments, if any, permitted under this section that have been determined to be counterfeit, misbranded, or adulterated; and ``(B) consult with the United States Trade Representative and United States Patent and Trademark Office to evaluate the effect of importations permitted under this section on trade and patent rights under Federal law. ``(2) Report.--Not later than 5 years after the effective date of final regulations issued pursuant to this section, the Comptroller General of the United States shall prepare and submit to Congress a report containing the study described in paragraph (1).''; (3) in subsection (k)(2)-- (A) by redesignating subparagraphs (A) through (E) as subparagraphs (B) through (F), respectively; and (B) by inserting before subparagraph (B) (as so redesignated) the following subparagraph: ``(A) The term `discrimination' includes a contract provision, a limitation on supply, or other measure which has the effect of providing United States pharmacists, wholesalers, or consumers access to covered products on terms or conditions that are less favorable than the terms or conditions provided to any foreign purchaser of such products.''; (4) by striking subsection (m); and (5) by inserting after subsection (l) the following subsection: ``(m) Funding.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2002 and each subsequent fiscal year.''.

Drug Availability and Health Care Access Improvement Act of 2001 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require State Medicaid plans to cover prescribed drugs for qualified Medicare (SSA title XVIII) and other low-income Medicare beneficiaries.Provides full Federal funding for such Medicaid coverage.Amends SSA title XVIII part C (Medicare+Choice), as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, with respect to access to Medicare+Choice plans through an increase in the minimum Medicare+Choice capitation rate.Amends the Federal Food, Drug, and Cosmetic Act with respect to the program for importation of certain prescription drugs by pharmacists and wholesalers to: (1) revise importer drug testing requirements; (2) prohibit drug manufacturers from discriminating against U.S. pharmacists, wholesalers, or consumers; and (3) changes from the Secretary of Health and Human Services to the Comptroller General responsibility for a specified study on drug imports.

To amend the Social Security Act to improve access to prescription drugs for low-income Medicare beneficiaries, the Internal Revenue Code and other Acts to improve access to health care coverage for seniors, the self-employed, and children, and to amend the Federal Food, Drug, and Cosemetic Act to improve meaningful access to reasonably priced prescription drugs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Television Freedom Act of 2009''. SEC. 2. CARRIAGE OF STATIONS IN AN ADJACENT UNDERSERVED COUNTY UNDER THE COMMUNICATIONS ACT OF 1934. (a) Retransmission Consent.--Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended-- (1) in paragraph (2)-- (A) by striking ``or'' at the end of subparagraph (D); (B) by striking the period at the end of subparagraph (E) and inserting ``; or''; (C) by inserting after subparagraph (E) the following new subparagraph: ``(F) to retransmission of the signals of a television broadcast station by a multichannel video programming distributor to a subscriber located in the station's adjacent underserved county, unless the station certifies to the multichannel video programming distributor that it is under no legal obligation restricting its ability to grant retransmission consent to such multichannel video programming distributor.''; and (D) in the last sentence, by striking ``the term `local market' has the meaning given that term'' and inserting ``the terms `local market' and `adjacent underserved county' have the meanings given such terms''; and (2) by inserting after paragraph (7) the following new paragraph: ``(8) A television broadcast station that elects retransmission consent may not request as a condition to receiving retransmission consent that a multichannel video programming distributor not exercise its right to carry any other broadcast station in the station's adjacent underserved county.''. (b) Certification Rulemaking Required.--Within 120 days after the date of enactment of this Act, the Federal Communications Commission (in this Act referred to as the ``Commission'') shall complete all actions necessary to promulgate rules governing the certification provided by the television broadcast station under section 325(b)(2)(F) of the Communications Act of 1934 (as added by subsection (a)(1)(C) of this Act). (c) Carriage of Distant Signals.--Section 339(a)(1)(B) of such Act (47 U.S.C. 339(a)(1)(B)) is amended by inserting ``or adjacent underserved county'' after ``local market''. (d) Rulemaking Required.-- (1) In general.--Within 90 days after the date of enactment of this Act, the Commission shall commence a proceeding to revise the regulations concerning network nonduplication protection, syndicated exclusivity protection, and sports blackout protection (part 76 of title 47, Code of Federal Regulations) against the retransmission by a multichannel video programming distributor of signals of television broadcast stations to permit such retransmission if the subscriber receiving the signals is located in the station's adjacent underserved county, as such term is defined in section 122(j)(6) of title 17, United States Code (as added by section 3(a)(5) of this Act). (2) Contents of regulations.--Regulations issued pursuant to paragraph (1) shall prohibit a multichannel video programming distributor from retransmitting the signal of a television broadcast station in the station's adjacent underserved county unless the multichannel video programming distributor offers service in such county pursuant to sections 338, 614, or 615 of the Communications Act of 1934 and carries the signals of any station required to be carried in such county under such sections. (3) Deadline for action.--The Commission shall complete all actions necessary to prescribe the revised regulations required by paragraph (1) within 180 days after the date of enactment of this Act. SEC. 3. CARRIAGE OF STATIONS IN AN ADJACENT UNDERSERVED COUNTY UNDER THE COPYRIGHT ACT. (a) Satellite Carriers.--Section 122 of title 17, United States Code, is amended-- (1) in subsection (a), in the matter preceding paragraph (1), by inserting ``or adjacent underserved county'' after ``station's local market''; (2) in subsections (d) and (e), by inserting ``or adjacent underserved county'' after ``into the local market''; (3) in subsection (f), by inserting ``or adjacent underserved county'' after ``station's local market'' in paragraphs (1) and (2); (4) in subsection (g), by inserting ``or adjacent underserved county'' after ``station's local market''; and (5) in subsection (j), by adding at the end the following: ``(6) Adjacent underserved county.--The term `adjacent underserved county', in the case of both commercial and noncommercial television broadcast stations, means a county within the station's adjacent market that is both-- ``(A) located in the same State as the station's community of license; and ``(B) not within the local market of any other station that is both affiliated with the same network and located in the same State as such other station's community of license. ``(7) Adjacent market.-- ``(A) In general.--The term `adjacent market', in the case of both commercial and noncommercial television broadcast stations, means any local market adjacent to, and partially but not entirely in the same State as, the local market in which the station's community of license is located. ``(B) Treatment of certain counties.--A county that is in a local market containing no in-State network stations, but which is not located in the adjacent market (as defined under subparagraph (A)) of any in- State network station, shall be considered to be the adjacent market of the nearest local market located in whole or in part within the State in which the county is located.''. (b) Cable Systems.--Section 111(a) of title 17, United States Code, is amended-- (1) in paragraph (4), by striking ``or'' after the semicolon; (2) in paragraph (5), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(6) the secondary transmission is to a subscriber in a broadcast station's adjacent underserved county, in accordance with the same terms, conditions, and definitions as apply under section 122.''.

Local Television Freedom Act of 2009 - Amends the Communications Act of 1934 to allow retransmission of a television broadcast station's signals by a multichannel video programming distributor to a subscriber located in the station's adjacent underserved county, unless the station certifies to the distributor that it is under no legal obligation restricting its ability to grant retransmission consent to the distributor. Prohibits a television broadcast station that elects retransmission consent from requesting as a condition to receiving retransmission consent that a multichannel video programming distributor not exercise its right to carry any other broadcast station in the station's adjacent underserved county. Allows a satellite carrier to provide service under a statutory license to the adjacent underserved county within which a household is located. Requires the Federal Communications Commission (FCC) to revise regulations concerning network nonduplication, syndicated exclusivity, and sports blackout protection against the retransmission by a multichannel video programming distributor to permit such retransmission if the receiving subscriber is in the station's adjacent underserved county. Imposes statutory copyright licensing in certain situations on the secondary transmission of a television broadcast station into an adjacent underserved county, except when dealing with a performance or display of a work made by that station. Defines "adjacent underserved county" as a county within the station's adjacent market that is both: (1) located in the same state as the station's community of license; and (2) not within the local market of any other station that is both affiliated with the same network and located in the same state as such other station's community of license. Declares that the secondary transmission of a performance or display of a work embodied in a primary transmission is not an infringement of copyright if the secondary transmission is to a subscriber in a broadcast station's adjacent underserved county.

To amend the Communications Act of 1934 to permit the retransmission of signals of local television broadcast stations in an adjacent underserved county, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workplace Advancement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) In 1963, Congress passed on a bipartisan basis the Equal Pay Act of 1963 to prohibit discrimination on account of sex in the payment of wages for equal work performed by employees for employers engaged in commerce or in the production of goods for commerce. (2) Following the passage of such Act, in 1964, Congress passed on a bipartisan basis the Civil Rights Act of 1964. (3) Since the passage of both the Equal Pay Act of 1963 and the Civil Rights Act of 1964, women have made significant strides, both in the workforce and in their educational pursuits. (4) Currently, according to a Prudential Research Study, 60 percent of women are the primary earners in their households and the Bureau of Labor Statistics has found that 47 percent of women are members of the workforce. (5) According to the Department of Education, women receive 57 percent of all college degrees, a 33 percent increase from 1970. (6) Women hold the majority of positions in the 5 fastest growing fields, and women are more likely than men to work in professional and related occupations. (7) Despite this significant progress, surveys suggest there is a concern among American women that gender-based pay discrimination still exists. (8) Over the last 15 years, the Equal Employment Opportunity Commission has received on average 2,400 complaints annually alleging gender-based pay discrimination. This represents two to three percent of charges filed with the Commission during the same time period. Even though the Commission determines that no discrimination occurred in a majority of these complaints, the extent to which these allegations continue underscores there is still progress to be made. (9) A number of factors contribute to differences in total compensation, including variations in occupation, education, hours worked, institutional knowledge, and other business reasons and personal choices that shape career paths and earning potential. SEC. 3. PROHIBITION ON WAGE DISCRIMINATION. Pursuant to Federal law in effect on the date of enactment of this Act: (1) In general.--No employer shall discriminate, within any establishment in which employees are employed by the employer, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which the employer pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to-- (A) a seniority system; (B) a merit system; (C) a system which measures earnings by quantity or quality of production; or (D) a differential based on any other factor other than sex. (2) Limitation.--An employer who is paying a wage rate differential in violation of this section shall not, in order to comply with the provisions of this section, reduce the wage rate of any employee. (3) Notice.--Every employer, employment agency, and labor organization, as the case may be, shall post and keep posted in conspicuous places upon its premises where notices to employees, applicants for employment, and members are customarily posted, a notice to be prepared or approved by the Equal Employment Opportunity Commission that sets forth excerpts from, or summaries of, the pertinent provisions of this Act (including the amendments made by this Act) and of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), and information pertinent to the filing of a complaint. SEC. 4. ENHANCED ENFORCEMENT OF EQUAL PAY ACT REQUIREMENTS. Section 15(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)) is amended-- (1) in paragraph (5), by striking the period and inserting ``; or''; and (2) by adding at the end the following: ``(6) to discharge or in any other manner retaliate against any employee because such employee has inquired about, discussed, or disclosed comparative compensation information for the purpose of determining whether the employer is compensating an employee in a manner that provides equal pay for equal work, except that this paragraph shall not apply to instances in which an employee who has access to the wage information of other employees as a part of such employee's job functions discloses the wages of such other employees to an individual who does not otherwise have access to such information, unless such disclosure is in response to a charge or complaint or in furtherance of an investigation, proceeding, hearing, or action under section 6(d), including an investigation conducted by the employee. Nothing in paragraph (6) shall be construed to limit the rights of an employee provided under any other provision of law.''.

Workplace Advancement Act Prohibits discrimination in the payment of wages on account of sex. (Allows payment of different wages under seniority systems, merit systems, systems that measure earnings by quantity or quality of production, or differentials based on any other factors other than sex.) Amends the Fair Labor Standards Act of 1938 to prohibit discharging or retaliating against any employee because such employee has inquired about, discussed, or disclosed comparative compensation information for the purpose of determining whether the employer is compensating an employee in a manner that provides equal pay for equal work. Makes such prohibition inapplicable to instances in which an employee who has access to the wage information of other employees as a part of such employee's job functions discloses the wages of such other employees other than in response to a charge or complaint or in furtherance of an investigation, proceeding, hearing, or action under provisions prohibiting sex discrimination, including an investigation conducted by the employer.

Workplace Advancement Act

SECTION 1. INCREASED FLEXIBILITY RELATING TO USE OF INFORMATION SUBMITTED TO DETERMINE ELIGIBILITY UNDER PROGRAMS UNDER THE NATIONAL SCHOOL LUNCH ACT AND THE CHILD NUTRITION ACT OF 1966. Section 9(b)(5) of the National School Lunch Act (42 U.S.C. 1758(b)(5)) is amended by adding at the end the following new sentences: ``Except as provided in the next sentence, a local agency responsible for administering programs under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall use information submitted for the purpose of receiving benefits under such programs only for the purpose of determining eligibility for such benefits. Such local agency may use such eligibility determination to demonstrate the eligibility for benefits under other Federal, State, or local means- tested nutrition programs with comparable eligibility standards.''. SEC. 2. CLOC PROGRAMS UNDER THE NATIONAL SCHOOL LUNCH ACT. Section 18(b) of the National School Lunch Act (42 U.S.C. 1769(b)) is amended-- (1) in paragraph (1)-- (A) in the 1st sentence, by striking ``, and ending September 30, 1994''; and (B) in the 2nd sentence, by striking ``under this subsection'' and inserting ``under this paragraph''; and (2) by adding at the end the following new paragraphs: ``(3)(A) The Secretary shall, upon the request of a school district located in a State in which no commodity letter of credit (hereafter in this paragraph referred to as `CLOC') programs exist, establish and carry out a CLOC demonstration program for such school district under which the Secretary provides commodity letters of credit in lieu of all entitlement commodities for the school lunch program of such school district. ``(B) The Secretary may establish and carry out not more than 1 CLOC demonstration program for any State. ``(C) A CLOC demonstration program established and carried out under this paragraph shall begin on the first July 1st which occurs after the date of the enactment of this paragraph. ``(D) The Secretary shall establish eligibility requirements for school districts that desire to participate in a CLOC demonstration program under this paragraph. ``(4)(A) The Secretary shall establish and carry out a statewide commodity letter of credit (hereafter in this paragraph referred to as `CLOC') demonstration program in 1 State under which the Secretary provides all school districts in such State commodity letters of credit in lieu of all entitlement commodities for the school lunch programs of such school districts. ``(B) The Secretary may establish and carry out the statewide CLOC demonstration program under this paragraph only in a State in which, on the date of the application by such State to the Secretary to establish such program, 80 percent or more of the school districts participating in the school lunch program under this Act have elected to participate in the statewide CLOC demonstration program. ``(C) In carrying out the statewide CLOC demonstration program, the Secretary shall provide that-- ``(i) all commodity letters of credit be issued to all school districts in the State in lieu of entitlement commodities for the school lunch program beginning on the first July 1st which occurs after the date of the enactment of this paragraph; ``(ii) child care agencies and nutrition programs for the elderly in the State shall be allowed to participate in the program; and ``(iii) the State agencies responsible for commodity distribution to child and elderly nutrition programs shall administer the program.''. SEC. 3. PROGRAM TO INCREASE OFFERINGS OF FRESH FRUITS AND VEGETABLES UNDER THE NATIONAL SCHOOL LUNCH ACT. Section 18 of the National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following new subsection: ``(e)(1) The Secretary shall establish a program beginning on the first July 1st which occurs after the date of the enactment of this subsection to assist schools in offering greater quantities of fresh fruits and vegetables to students in order to improve the overall nutritional quality of meals served under the school lunch program established under this Act. ``(2) The Secretary shall establish procedures under which all schools currently participating in the school lunch program established under this Act may apply to participate in the program. ``(3)(A) Subject to subparagraph (B), the Secretary shall, for each fiscal year in which a school participates in the program, provide commodity letters of credit to such school in an amount equal to 10 percent of the total commodity entitlement of such school under section 6 for each such fiscal year to be used for the purchase of fresh fruits and vegetables under the program. ``(B) The Secretary shall, for each fiscal year described in subparagraph (A), reduce the amount of the total commodity entitlement of such school under section 6 by the amount described in such subparagraph. ``(4) Not later than 2 years after the date of the establishment of the program, the Secretary shall report to the appropriate committees of the Congress on the impact of the program on participating schools, including-- ``(A) the extent to which children at such schools increased consumption of fresh fruits and vegetables; and ``(B) the effectiveness of the program in removing desired commodities from the market place and the timeliness of such removal.''.

Amends the National School Lunch Act to permit eligibility information submitted under such Act or under the Child Nutrition Act of 1966 to be used for similar purposes under other nutrition programs with comparable standards. Amends commodity letter of credit (CLOC) demonstration program provisions to: (1) make permanent the cash-CLOC program; and (2) require the creation of one statewide demonstration program if 80 percent of a State's schools agree to participate. Provides for the increased offering of fresh fruits and vegetables under the school lunch program.

To amend the National School Lunch Act to provide increased flexibility relating to the use of information submitted to determine eligibility under programs under that Act and the Child Nutrition Act of 1966, to provide for the establishment of commodity letter of credit (CLOC) demonstration programs in certain States, and to establish a program to assist schools in offering greater quantities of fresh fruits and vegetables under the school lunch program.

SECTION 1. FINDINGS. The Congress finds the following: (1) In issuing remote control railroad operation guidelines in 2001, the Federal Railroad Administration noted that its ``first priority . . . is to ensure that these operations pose no threat to railroad workers or the general public''. (2) The Nation's freight rail system is relatively open to outside access when compared to the aviation system. Security is provided almost solely by private railroad carriers, and terrorists could easily gain access to a remote control locomotive or an operator control unit and then operate a remote control transmitter controlling a remote control locomotive. (3) Remote control locomotives carrying hazardous materials in urban areas could be sabotaged or remote control locomotives could be used to cause intentional accidents with other trains, causing loss of life, release of hazardous materials, and the disruption of interstate and international commerce. (4) Therefore, the risk of terrorists hijacking remote control locomotive operations is far too great in situations where remote control locomotives are carrying hazardous materials. SEC. 2. REMOTE CONTROL LOCOMOTIVE USE. (a) Prohibition.--No railroad carrier shall operate or cause to be operated on the general system of railroad transportation a remote control locomotive to carry hazardous materials. (b) Penalty.--(1) A railroad carrier that knowingly violates this section or a rule issued under this section is liable to the United States Government for a civil penalty of at least $5,000 but not more than $50,000 for each violation. A railroad carrier acts knowingly when-- (A) the railroad carrier has actual knowledge of the facts giving rise to the violation; or (B) a reasonable railroad carrier acting in the circumstances and exercising reasonable care would have that knowledge. (2) A separate violation occurs for each day the violation continues. SEC. 3. REMOTE CONTROL TRANSMITTER SECURITY. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue a rule requiring that-- (1) railroad carriers inventory and maintain a continuous accounting of remote control transmitters; (2) such transmitters be assigned only to personnel with proper identification and authorization to use such devices; and (3) such transmitters be kept in a secure location (under lock and key) when not in use. (b) Penalty.--A railroad carrier that violates the rule issued under subsection (a) shall be liable to the United States Government for a civil penalty of at least $5,000 for each occurrence. SEC. 4. REMOTE CONTROL LOCOMOTIVE SECURITY. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall issue a rule requiring that the manual operational control area of any remote control locomotive be kept under lock and key when such locomotive is operated without personnel of the railroad carrier present. (b) Penalty.--A railroad carrier that violates the rule issued under subsection (a) shall be liable to the United States Government for a civil penalty of at least $5,000 for each occurrence. SEC. 5. CIVIL PENALTIES. (a) Hearing Requirement.--The Secretary of Transportation may find that a railroad carrier has violated this Act only after notice and an opportunity for a hearing. The Secretary shall impose a civil penalty under this Act by giving the railroad carrier written notice of the amount of the penalty. (b) Penalty Consideration.--In determining the amount of a civil penalty under this Act, the Secretary shall consider-- (1) the nature, circumstances, extent, and gravity of the violation; (2) with respect to the violator, the degree of culpability, any history of prior violations, the ability to pay, and any effect on the ability to continue to do business; and (3) other matters that justice requires. (c) Civil Actions to Collect.--The Attorney General may bring a civil action in an appropriate district court of the United States to collect a civil penalty under this Act. SEC. 6. CRIMINAL PENALTY. (a) In General.--A railroad carrier knowingly violating this Act shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both; except that the maximum amount of imprisonment shall be 10 years in any case in which the violation involves the release of a hazardous material that results in death or bodily injury to any person. (b) Knowing Violations.--For purposes of this section-- (1) a railroad carrier acts knowingly when-- (A) the railroad carrier has actual knowledge of the facts giving rise to the violation; or (B) a reasonable railroad carrier acting in the circumstances and exercising reasonable care would have that knowledge; and (2) knowledge of the existence of a statutory provision, or a regulation or a requirement issued by the Secretary of Transportation, is not an element of an offense under this Act. SEC. 7. DEFINITIONS. For purposes of this Act-- (1) the term ``hazardous material'' has the meaning given that term in section 5102(2) of title 49, United States Code; (2) the term ``railroad carrier'' has the meaning given that term in section 20102 of title 49, United States Code; (3) the term ``remote control locomotive'' means a locomotive which, through use of a radio transmitter and receiver system, can be operated by a person not physically located at the controls within the confines of the locomotive cab, but does not include a locomotive that is remotely controlled from the lead locomotive of the same train; and (4) the term ``remote control transmitter'' means the transmitter component of a remote control locomotive system.

Prohibits a railroad carrier from operating or causing to be operated a remote control locomotive to carry hazardous materials. Directs the Secretary of Transportation to issue a rule requiring that: (1) railroad carriers inventory and maintain continuous accounting of remote control transmitters, such transmitters be kept in a secure location when not in use, and be assigned only to personnel with proper identification and authorization to use them; and (2) the manual operational control area of any remote control locomotive be kept under lock and key when such locomotive is operated without personnel of the railroad carrier present. Sets forth civil penalties for a railroad carrier that violates such requirements, including criminal penalties if such violation involves the release of a hazardous material that results in death or bodily injury.

To prohibit the use of remote control locomotives to carry hazardous materials, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as ``Alex's Law''. SEC. 2. INCREASE IN THE FULL RETIREMENT AGE AND THE EARLY RETIREMENT AGE. (a) In General.--Section 216(l) of the Social Security Act (42 U.S.C. 416(l)) is amended-- (1) in paragraph (1)-- (A) by striking ``early retirement age'' each place it appears and inserting ``the applicable reference age''; (B) by striking ``the age increase factor (as determined under paragraph (3))'' each place it appears and inserting ``the first age increase factor (as determined under paragraph (3)(A))''; (C) in subparagraph (A), by striking ``paragraph (2)'' and inserting ``paragraph (4)''; (D) in subparagraph (D), by striking ``and'' after the semicolon; (E) in subparagraph (E), by striking ``67 years of age.'' and inserting ``and before January 1, 2023, 67 years of age;''; and (F) by inserting after subparagraph (E) the following: ``(F) with respect to an individual who attains the applicable reference age after December 31, 2022, and before January 1, 2069, 67 years of age plus the number of months in the second age increase factor (as determined under paragraph (3)(B)) for the calendar year in which such individual attains the applicable reference age; and ``(G) with respect to an individual who attains the applicable reference age after December 31, 2068, 70 years of age.''; and (2) by striking paragraphs (2) and (3) and inserting the following: ``(2) The term `early retirement age' means-- ``(A) in the case of an old-age, wife's, or husband's insurance benefit-- ``(i) with respect to an individual who attains the applicable reference age before January 1, 2023, 62 years of age; and ``(ii) with respect to an individual who attains the applicable reference age after December 31, 2022, and before January 1, 2069, 62 years of age (in the case of an old-age, wife's, or husband's insurance benefit), plus the number of months in the second age increase factor (as determined under paragraph (3)(B)) for the calendar year in which such individual attains the applicable reference age; and ``(iii) with respect to an individual who attains the applicable reference age after December 31, 2068, 65 years of age; and ``(B) in the case of a widow's or widower's insurance benefit, 2 years less than the age provided under subparagraph (A). ``(3)(A) The first retirement age increase factor for any individual who attains the applicable reference age in a calendar year within the 5-year period consisting of the calendar years 2000 through 2004 or the calendar years 2017 through 2021 shall be equal to \2/12\ of the number of months in the period beginning with January of the first calendar year in such period and ending with December of the year in which the individual attains the applicable reference age. ``(B) The second retirement age increase factor for any individual who attains the applicable reference age in the 46-year period consisting of the calendar years 2023 through 2068 shall be equal to \3/47\ of the number of months in the period beginning with January 2023 and ending with December of the year in which the individual attains the applicable reference age. In any case in which the second age increase factor for any calendar year is not a whole number of calendar months, such factor shall be deemed to be equal to the next lower whole number of calendar months. ``(4) The term `applicable reference age' means 62 years of age (in the case of an old-age, wife's, or husband's insurance benefit) and 60 years of age (in the case of a widow's or widower's insurance benefit).''. (b) Conforming Extension of Maximum Age for Entitlement to Delayed Retirement Credit.--Section 202(w)(2)(A) of such Act (42 U.S.C. 402(w)(2)(A)) is amended-- (1) by striking ``prior to the month in which such individual attained age 70, and'' and inserting ``prior to the later of--''; and (2) by adding at the end the following: ``(i) the month in which such individual would attain age 70, or ``(ii) the month which ends 3 years after the end of the month in which such individual attained retirement age (as defined in section 216(l)), and''. (c) Conforming Increase in Number of Elapsed Years for Purposes of Determining Primary Insurance Amount.--Section 215(b)(2)(B)(iii) of such Act (42 U.S.C. 415(b)(2)(B)(iii)) is amended by striking ``age 62'' and inserting ``early retirement age''. (d) Study Relating to Additional Conforming Amendments.-- (1) In general.--As soon as practicable after the date of the enactment of this Act, the Commissioner of Social Security, in consultation with the Secretary of the Treasury and the Secretary of Health and Human Services, shall conduct a study of the additional technical and conforming amendments to title II of the Social Security Act and other relevant provisions of law relating to the age of a beneficiary or applicant for benefits which are necessary to effectively carry out the programs provided for under such title and other provisions, taking into account the amendments made by this section. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Commissioner shall transmit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report of the results of the study conducted pursuant to paragraph (1). The Commissioner shall include in such report such recommendations for legislative and administrative changes as the Commissioner, in consultation with the Secretary of the Treasury and the Secretary of Health and Human Services, determines to be appropriate.

Alex's Law Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase the age for retirement to 70 and the early retirement age to 65 as of January 1, 2069. Revises requirements accordingly for calculation of the first and the second retirement age increase factors.

Alex's Law

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe and Complete Streets Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) While the Federal highway program has helped achieve its original goal of providing for fast and convenient automobile travel, the national transportation system needs to provide better service to those who take public transit, ride bicycles, or travel on foot or with mobility aids. (2) Initiatives to promote sustainable and modern transportation choices like public transit, bicycling, and walking have had limited success because many State and local transportation agencies have treated these modes as optional amenities, instead of as integral parts of the national highway programs. (3) Many new and improved streets across the United States, particularly in developing areas, do not provide to all users the safe and equitable access to public rights-of-way. (4) The official design guidance from the Federal Highway Administration titled ``Accommodating Bicycle and Pedestrian Travel: A Recommended Approach'' states that, ``the resulting highway environment discourages bicycling and walking and has made the two modes more dangerous. Further, the ability of pedestrians with disabilities to travel independently and safely has been compromised.''. (5) One-third of the population is either unable to or chooses not to drive due to age, medical condition, ability, lifestyle, legal status, or other factors. (6) More than 1 in 5 Americans over age 65 do not drive, more than 50 million Americans have a disability of some kind, and in different times of his or her life virtually every American will suffer from a mobility impairment of some kind. (7) The full integration of all modes in the design of streets and highways will increase the capacity and efficiency of the road network, reduce traffic congestion by improving mobility options, clean the air, limit greenhouse gas emissions, and improve the general quality of life. (8) Requiring accommodation of the needs of nonmotorized users will eliminate hazards and improve safety for pedestrians and cyclists, who now make up more than 12 percent of all traffic fatalities. (9) Improving the road network will allow more disabled people to gain a higher level of independence through the use of standard transit services, easing the economic burden on transit systems which must provide paratransit options at great cost. (10) Public health officials across the country have called for the construction of more bicycle and pedestrian facilities as an important tool in fighting the obesity epidemic. (11) The Energy Independence and Security Act of 2007 explicitly supports the implementation of a complete streets policy. SEC. 3. DEFINITIONS. In this Act: (1) The term ``Secretary'' means the Secretary of Transportation. (2) The term ``complete streets'' means roadways that accommodate all travelers, particularly users of public transit, bicyclists, pedestrians (including individuals of all ages as well as individuals with mobility, sensory, neurological, or hidden disabilities), and motorists to enable all users to use the roadway safely and efficiently. (3) The terms ``complete streets policy'' and ``complete streets principles'' refer to transportation laws, policies, or principles at the local, State, regional, or Federal level which ensure-- (A) all users of the transportation system, including pedestrians, bicyclists, and transit users as well as children, older people, motorists, and those with disabilities, are adequately accommodated in all phases of project planning and development; and (B) that the safety and convenience of all users are considered in all phases of project planning and development. (4) The term ``transportation improvement program'' has the same meaning such term has in section 134 of title 23, United States Code. (5) The term ``metropolitan planning organization'' has the same meaning such term has in section 134(b) of such title. (6) The term ``senior manager'' means-- (A) the director of a State department of transportation or a designee; (B) the director of a metropolitan planning organization or a designee; or (C) the director of a regional or county transportation agency if such agency is primarily responsible for planning and approval of transportation projects, or a designee. SEC. 4. COMPLETE STREETS POLICY REQUIREMENT. (a) Law or Policy.--Beginning with the fiscal year that begins 2 years after the date of enactment of this Act, each State and metropolitan planning organization shall have in effect-- (1) in the case of a State, a law requiring that all transportation projects shall, from the date of enactment of the State law, accommodate the safety and convenience of all users in accordance with complete streets principles; or (2) an explicit statement of policy of the State department of transportation or metropolitan planning organization that all transportation projects shall, from the date of enactment of the State department of transportation or metropolitan planning organization policy, accommodate the safety and convenience of all users in accordance with complete streets principles. (b) Provisions Included.--The law or policy described in subsection (a) shall-- (1) apply to each federally funded project of each transportation improvement program; (2) include a statement that every project of the transportation improvement program makes roads accessible to users of all ages and abilities of right-of-way pedestrians, which may include bicyclists, transit vehicles and users, and motorists; (3) apply to new road construction and road improvement projects, including design, planning, construction, reconstruction, rehabilitation, maintenance, or operations, for the entire right-of-way; (4) indicate that new accommodation should be made in pavement resurfacing projects where bicycling and walking areas can be added within the scope of the original roadwork; (5) delineate a clear procedure by which transportation projects may be exempted from complying with complete streets principles, which shall require approval by a senior manager and documentation, with supporting data, that indicates the basis for exemption; (6) comply with up-to-date design standards, particularly as they relate to providing access for persons with disabilities; (7) require that complete streets principles be applied so that projects undertaken in accordance with these principles fit within the context of the community for which the transportation improvement program is intended; and (8) include a list of performance standards with measurable outcomes to ensure that the transportation improvement program adheres to complete streets principles. (c) Exemption Requirements and Procedures.--The law or policy described in this section shall allow for exemptions from complete streets policy only if-- (1)(A) affected roadways prohibit by law specified users from using them, in which case a greater effort shall be made to accommodate these specified users elsewhere; (B) the cost for a particular project in complying with complete streets principles would be excessively disproportionate to the need or probable use of that particular complete street; or (C) the existing and planned population and employment densities or level of transit service around a particular roadway is low enough that there is a documented absence of a need to implement certain complete streets principles; and (2) all project-specific exemptions are approved by either-- (A) a senior manager of the metropolitan planning organization which approved the transportation improvement program containing the exempted project; (B) a senior manager of the State department of transportation; or (C) in the case of a project for which neither the metropolitan planning organization nor the State department of transportation is the agency with primary transportation planning authority, a senior manager of the regional or county agency responsible for planning and approval of the proposed project to be exempted. (d) Integration.--Each State department of transportation or metropolitan planning organization implementing a complete streets policy shall incorporate complete streets principles into all aspects of the transportation project development process, including project identification, scoping procedures, design approvals, design manuals, and performance measures. SEC. 5. CERTIFICATION. (a) Project Certification.--Each State shall require every agency that has primary design, construction, or financial responsibility for a project located within the approved transportation improvement program to review and certify that each such project incorporates complete streets principles set forth in section 4. (b) Subsequent Certifications.--After the initial certification under subsection (a), the responsible agency described in such subsection shall recertify annually until final construction is completed that federally funded projects remain in compliance with the requirements of section 4. SEC. 6. ACCESSIBILITY STANDARDS. (a) Issuance of Standards.--Not later than 12 months after the date of enactment of this Act, the United States Access Board (originally established by section 502 of the Rehabilitation Act (29 U.S.C. 792)) shall issue final standards for accessibility of new construction and alterations of pedestrian facilities for public rights-of-way. (b) Temporary Standards.--Until the United States Access Board issues final public right-of-way accessibility standards as required by this section, a State or metropolitan planning organization shall apply the existing Department of Transportation Standards for Accessible Transportation Facilities in section 37.9 of title 49, Code of Federal Regulations, but to the extent that such standards do not address or are inapplicable to public rights-of-way, the 2005 Revised Draft Guidelines for Accessible Public Rights-of-Way issued by the United States Access Board shall apply. SEC. 7. TECHNICAL GUIDANCE. (a) Report Required.--Not later than 2 years after the date of enactment of this Act, the Secretary shall make available to all State and local transportation agencies a report of best practices describing how transportation agencies across the country have implemented complete streets principles in accordance with the requirements of this Act. (b) Report Contents.--In preparing the report under subsection (a), the Secretary shall place particular emphasis on the following topics: (1) Procedures for identifying the needs of users of all ages and abilities for a given roadway. (2) Procedures for identifying the types and designs of facilities needed to serve each of these classes of users. (3) Benefits provided by complete streets principles implementation. (4) Common barriers to implementation of complete streets principles. (5) Procedures for overcoming these most common barriers to implementing complete streets principles. (6) Procedures for identifying costs associated with implementing complete streets principles. (7) Procedures for maximizing local cooperation in the implementation and introduction of complete streets principles. (8) Procedures for assessing and modifying the facilities and operational characteristics of existing roadways to improve their consistency with complete streets principles.

Safe and Complete Streets Act of 2008 - Requires each state to have in effect within two years a law, or each state department of transportation or metropolitan planning organization an explicit policy statement, that requires all federally-funded transportation projects to accommodate the safety and convenience of all users in accordance with certain complete streets principles. Defines "complete streets principles" as federal, state, local, or regional level transportation laws, policies, or principles which ensure that the safety and convenience of all users of a transportation system, including pedestrians, bicyclists, and transit users as well as children, older people, motorists, and those with disabilities, are accommodated in all phases of project planning and development. Allows such law or policy to make exemptions from such principles only if: (1) affected roadways prohibit specified users by law from using them, the cost of a compliance project would be excessively disproportionate to the need, or the population and employment densities or level of transit service around a roadway is low enough that there is no need to implement such principles; and (2) all project-specific exemptions are properly approved. Requires states to ensure that every agency responsible for a project within an approved transportation improvement program reviews and certifies that the project incorporates complete streets principles. Requires the U.S. Access Board to issue final standards for accessibility of new construction and alterations of pedestrian facilities for public rights-of-way.

To implement a safe and complete streets program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Procurement Improvement Act of 2007''. SEC. 2. HOMELAND SECURITY PROCUREMENT TRAINING. (a) In General.--Subtitle D of title VIII of the Homeland Security Act of 2002 is amended by adding at the end the following new section: ``SEC. 836. HOMELAND SECURITY PROCUREMENT TRAINING. ``(a) Establishment.--The Chief Procurement Officer shall provide homeland security procurement training to acquisition employees. ``(b) Responsibilities of Chief Procurement Officer.--The Chief Procurement Officer shall carry out the following responsibilities: ``(1) Establish objectives to achieve the efficient and effective use of available acquisition resources by coordinating the acquisition education and training programs of the Department and tailoring them to support the careers of acquisition employees. ``(2) Develop, in consultation with the Council on Procurement Training established under subsection (d), the curriculum of the homeland security procurement training to be provided. ``(3) Establish, in consultation with the Council on Procurement Training, training standards, requirements, and courses to be required for acquisition employees. ``(4) Establish an appropriate centralized mechanism to control the allocation of resources for conducting such required courses and other training and education. ``(5) Select course providers and certify courses to ensure that the procurement training curriculum supports a coherent framework for the educational development of acquisition employees, including the provision of basic, intermediate, and advanced courses, as well as training on the SAFETY Act (6 U.S.C. 441). ``(6) Publish an annual catalog that includes a list of the acquisition education and training courses. ``(7) Develop a system of maintaining records of student enrollment, and other data related to students and courses conducted pursuant to this section. ``(c) Provision of Instruction.--The Chief Procurement Officer shall provide procurement training to acquisition employees of any agency under subsection (d)(3). The appropriate member of the Council on Procurement Training may direct such an employee to receive procurement training. ``(d) Council on Procurement Training.-- ``(1) Establishment.--The Secretary shall establish a Council on Procurement Training to advise and make policy and curriculum recommendations to the Chief Procurement Officer. ``(2) Chair of council.--The chair of the Council on Procurement Training shall be the Deputy Chief Procurement Officer. ``(3) Members.--The members of the Council on Procurement Training are the chief procurement officers of each of the following: ``(A) United States Customs and Border Protection. ``(B) The Transportation Security Administration. ``(C) The Office of Procurement Operations. ``(D) The Bureau of Immigration and Customs Enforcement. ``(E) The Federal Emergency Management Agency. ``(F) The Coast Guard. ``(G) The Federal Law Enforcement Training Center. ``(H) The United States Secret Service. ``(I) Such other entity as the Secretary determines is appropriate. ``(e) Acquisition Employee Defined.--For purposes of this section, the term `acquisition employee' means an employee serving under a career or career-conditional appointment in the competitive service or appointment of equivalent tenure in the excepted service of the Federal Government, at least 50 percent of whose assigned duties include acquisitions, procurement-related program management, or procurement- related oversight functions. ``(f) Report Required.--Not later than March 1 of each year, the Chief Procurement Officer shall submit to the Secretary a report on the procurement training provided under this section, which shall include information about student enrollment, students who enroll but do not attend courses, graduates, certifications, and other relevant information.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following: ``Sec. 836. Homeland security procurement training.''. SEC. 3. CONTRACTING REQUIREMENTS. (a) In General.--Such subtitle is further amended by adding at the end the following: ``SEC. 837. CONTRACTING REQUIREMENTS. ``(a) Attestation Required.--The Secretary shall require any offeror for any contract to provide goods or services to the Department to submit as part of the offeror's bid for such contract an attestation that affirmatively discloses any substantial role the offeror, the employees of the offeror, or any corporate parent or subsidiary of the offeror may have played in creating a solicitation, request for proposal, statement of work, or statement of objectives (as those terms are defined in the Federal Acquisition Regulation) for the Department. ``(b) Additional Requirements for Certain Offerors.--If an offeror submits an attestation under subparagraph (a) that discloses that the offeror, the employees of the offeror, or any corporate parent or subsidiary of the offeror played a substantial role in creating a solicitation, request for proposal, statement of work, or statement of objectives for the Department, the Secretary shall require the offeror to submit to the Secretary a description of the safeguards used to ensure that precautions were in place to prevent the offeror from receiving information through such role that could be used to provide the offeror an undue advantage in submitting an offer for a contract. ``(c) Certification Requirements.-- ``(1) In general.--The Secretary shall require any offeror for any contract to provide goods or services to the Department to submit to the Secretary as part of the offeror's bid for such contract a certification in writing whether, as of the date on which the certification is submitted, the offeror-- ``(A) is in default on any payment of any tax to the Federal Government; or ``(B) owes the Federal Government for any payment of any delinquent tax. ``(2) Failure of certification.--Nothing in this section shall prevent the Department from awarding a contract to an offeror based solely on the offeror's certification.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is further amended by adding at the end of the items relating to such subtitle the following: ``Sec. 837. Contracting requirements.''. SEC. 4. ADDITIONAL REQUIREMENTS TO REVIEW PAST PERFORMANCE OF CONTRACTORS. (a) In General.--Such subtitle is further amended by adding at the end the following new section: ``SEC. 838. REVIEW OF CONTRACTOR PAST PERFORMANCE. ``(a) Consideration of Contractor Past Performance.--In awarding a contract to a contractor, the Secretary shall consider the past performance of that contractor based on the review conducted under subsection (b). ``(b) Review Required.--Before awarding to a contractor (including a contractor that has previously provided goods or services to the Department) a contract to provide goods or services to the Department, the Secretary, acting through the appropriate contracting officer of the Department, shall require the contractor to submit information regarding the contractor's performance of Federal, State, and local government and private sector contracts. ``(c) Contact of Relevant Officials.--As part of any review of a contractor conducted under subsection (b), the Secretary, acting through an appropriate contracting officer of the Department, shall contact the relevant official who administered or oversaw each contract performed by that contractor during the five-year period preceding the date on which the review begins.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following: ``Sec. 838. Review of contractor past performance.''. SEC. 5. PURCHASE CARDS. (a) Review Required.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall-- (1) review and strengthen the policy governing the use of purchase cards that the Department provides to employees of the Department for use in conducting official business; and (2) issue Department-wide guidance on such policy. (b) Distribution of Policy.--The Secretary shall distribute the policy or guidance developed under subsection (a) to each employee who possesses or is entitled to possess a purchase card provided by the Department. (c) Requirement to Inform Employees.--Upon distribution of the policy or guidance under subsection (b), the Secretary shall ensure that all employees of the Department who are entitled to possess a purchase card issued by the Department have reviewed the policy or guidance. SEC. 6. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF HOMELAND SECURITY CONTRACTING. Not later than 6 months after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the contracting processes of the Department of Homeland Security. The report shall contain the findings of the Comptroller General with respect to any improvements in such processes that could be made through the use of new technologies.

Department of Homeland Security Procurement Improvement Act of 2007 - Amends the Homeland Security Act of 2002 to require: (1) the Chief Procurement Officer to provide homeland security procurement training to acquisition employees, including establishing training objectives, standards, requirements, and courses; and (2) the Secretary of Homeland Security to establish a Council on Procurement Training to make policy and training curriculum recommendations. Directs the Secretary to require any offeror for a contract to provide goods or services to the Department of Homeland Security (DHS) to submit, as part of the offeror's bid: (1) an attestation disclosing any substantial role the offeror, the offeror's employees, or any corporate parent or subsidiary may have played in creating a solicitation, request for proposal, or statement of work or objectives for DHS; (2) a description of safeguards used to prevent the offeror from receiving information through such role that could provide an undue advantage in submission of a contract offer; and (3) a written certification indicating whether the offeror is in default or delinquent on any tax payment to the federal government. Requires the Secretary to: (1) consider the contractor's past performance based on a review of information submitted regarding performance of government and private sector contracts; and (2) contact the relevant official who administered each such contract performed during the five-year period preceding the review. Requires the Secretary to review, strengthen, and issue DHS-wide guidance on the policy governing the use of DHS purchase cards by employees to conduct official business. Directs the Comptroller General to report to Congress on DHS contracting processes.

To amend the Homeland Security Act of 2002 to enhance the procurement-related activities of the Department of Homeland Security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security and Medicare Lock Box Act''. SEC. 2. DEFINITIONS. Section 3 of the Congressional Budget Act of 1974 is amended by adding at the end the following: ``(11) The term `Medicare surplus reserve' means the surplus amounts reserved to strengthen and preserve the Medicare program as calculated in accordance with section 316.''. SEC. 3. PROTECTION BY CONGRESS. Congress reaffirms its support for the provisions of section 13301 of the Omnibus Budget Reconciliation Act of 1990 that provides that the receipts and disbursements of the Social Security trust funds shall not be counted for the purposes of the budget submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 4. SOCIAL SECURITY OFF-BUDGET POINT OF ORDER. Section 301 of the Congressional Budget Act of 1974 is amended by adding at the end the following: ``(j) Social Security Off-Budget Point of Order.--It shall not be in order in the House or the Senate to consider any concurrent resolution on the budget (or amendment, motion, or conference report on the resolution) that violates section 13301 of the Budget Enforcement Act of 1990.''. SEC. 5. MEDICARE SURPLUS RESERVE POINT OF ORDER. Section 301 of the Congressional Budget Act of 1974 is amended by adding at the end the following: ``(k) Medicare Surplus Reserve Point of Order.--It shall not be in order in the Senate to consider any concurrent resolution on the budget (or amendment, motion, or conference report on the resolution) that would decrease the surplus in any of the fiscal years covered by the concurrent resolution below the levels of the Medicare surplus reserve for those fiscal years calculated in accordance with section 316.''. SEC. 6. ENFORCEMENT OF MEDICARE SURPLUS RESERVE. Section 311(a) of the Congressional Budget Act of 1974 is amended by adding at the end the following: ``(4) Enforcement of the medicare surplus reserve.--After a concurrent resolution on the budget has been agreed to, it shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause a decrease in the Medicare surplus reserve in any of the fiscal years covered by the concurrent resolution. This paragraph shall not apply to a provision that appropriates new subsidies from the general fund to the Medicare Hospital Insurance Trust Fund.''. SEC. 7. SUPERMAJORITY. Subsections (c)(2) and (d)(3) of section 904 of the Congressional Budget Act of 1974 are amended by inserting after ``301(i),'' the following: ``301(j), 301(k), 311(a)(4),''. SEC. 8. MEDICARE SURPLUS RESERVE. Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following: ``medicare surplus reserve ``Sec. 316. (a) In General.--Subject to adjustment pursuant to subsection (b), the amounts reserved for the Medicare surplus reserve in each year are-- ``(1) for fiscal year 2000, $0; ``(2) for fiscal year 2001, $3,000,000,000; ``(3) for fiscal year 2002, $26,000,000,000; ``(4) for fiscal year 2003, $15,000,000,000; ``(5) for fiscal year 2004, $21,000,000,000; ``(6) for fiscal year 2005, $35,000,000,000; ``(7) for fiscal year 2006, $63,000,000,000; ``(8) for fiscal year 2007, $68,000,000,000; ``(9) for fiscal year 2008, $72,000,000,000; ``(10) for fiscal year 2009, $73,000,000,000; ``(11) for fiscal year 2010, $70,000,000,000; ``(12) for fiscal year 2011, $73,000,000,000; ``(13) for fiscal year 2012, $70,000,000,000; ``(14) for fiscal year 2013, $66,000,000,000; and ``(15) for fiscal year 2014, $52,000,000,000. ``(b) Adjustment.-- ``(1) In general.--The amounts in subsection (a) for each fiscal year shall be adjusted in the budget resolution each fiscal year through 2014 by a fixed percentage equal to the adjustment required to those amounts sufficient to extend the solvency of the Federal Hospital Insurance Trust Fund through fiscal year 2027. ``(2) Limit based on total surplus.--The Medicare surplus reserve, as adjusted by paragraph (1), shall not exceed the total baseline surplus in any fiscal year.''. SEC. 9. PAY-AS-YOU-GO AND DISCRETIONARY CAP EXTENSION. (a) In General.--Notwithstanding any other provision of law, sections 251 and 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 and section 202 of H. Con. Res. 67 (104th Congress) shall be enforced until Congress enacts legislation that-- (1) ensures the long-term fiscal solvency of the Social Security trust funds and extends the solvency of the Medicare trust fund through fiscal year 2027; and (2) includes a certification in that legislation that the legislation complies with paragraph (1). (b) Discretionary Cap Extension.--Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding after paragraph (7) the following: ``(8) for each fiscal year after 2002, the current services baseline based on the discretionary spending limit for fiscal year 2002;''. SEC. 10. ADJUSTMENT OF BUDGET LEVELS AND REPEAL. (a) Adjustments.--Upon the enactment of this Act, the Chairmen of the Committees on the Budget shall file with their Houses appropriately revised budget aggregates, allocations, and levels (including reconciliation levels) under the Congressional Budget Act of 1974 to carry out this Act. (b) Repeal.--Section 207 of H. Con. Res. 68 (106th Congress) is repealed.

Social Security and Medicare Lock Box Act - Declares that Congress reaffirms its support for section 13301 of the Omnibus Budget Reconciliation Act of 1990, which provides that the receipts and disbursements of the social security trust funds shall not be counted for the purposes of the budget submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Amends the Congressional Budget Act of 1974 to declare out of order in the House of Representatives or the Senate consideration of any concurrent resolution on the budget (or amendment, motion, or conference report on the resolution) that violates section 13301 of the Budget Enforcement Act of 1990. Declares that it shall be out of order in the Senate to consider any concurrent resolution on the budget (or amendment, motion, or conference report on the resolution) that would decrease the surplus in any of the fiscal years covered by the concurrent resolution below the levels of the Medicare surplus reserve for those fiscal years. Declares that, after a concurrent resolution on the budget has been agreed to, it shall not be in order in the House or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause a decrease in the Medicare surplus reserve in any of the fiscal years covered by the concurrent resolution. Exempts from a point of order raised on this basis any appropriation of new subsidies from the general fund to the Medicare Hospital Insurance Trust Fund. Makes all points of order established by this Act waivable only by a three-fifths supermajority vote. Establishes the Medicare Surplus Reserve in the Treasury, consisting of specified amounts for each fiscal year from FY 2001 through 2014 (roughly 40% of the on-budget Medicare surplus), subject to annual adjustment to extend the solvency of the Federal Hospital Insurance Trust Fund through FY 2027. Prohibits the Reserve, as adjusted, from exceeding the total baseline surplus in any fiscal year. Declares that certain pay-as-you-go requirements of the Gramm-Rudman-Hollings Act and of H. Con. Res. 67 (104th Congress) (Concurrent Resolution on the Budget for FY 1996) shall be enforced until Congress enacts legislation that ensures the long-term fiscal solvency of the social security trust funds and extends the solvency of the Medicare trust fund through FY 2027. Amends the Gramm-Rudman-Hollings Act to base the current services baseline for each fiscal year after 2002 on the discretionary spending limit for FY 2002. Directs the Chairmen of the Committees on the Budget to revise the current budget resolution ( H. Con. Res. 68 , 106th Congress) to make it consistent with this Act. Amends the current budget resolution to repeal the provision for a point of order in the Senate against the consideration of direct spending or revenue legislation that would increase, or cause, an on-budget deficit during specified time periods, subject to a waiver by a three-fifths majority vote. Restores the previous pay-as-you-go point of order in Concurrent Resolution on the Budget for FY 1996, which was repealed by the current budget resolution.

Social Security and Medicare Lock Box Act

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Natural Disaster Student Aid Fairness Act''. (b) References.--References in this Act to ``the Act'' are references to the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. ALLOCATION AND USE OF CAMPUS-BASED HIGHER EDUCATION ASSISTANCE. (a) Waiver of Matching Requirements.--Notwithstanding sections 413C(a)(2), 443(b)(5), and 463(a)(2) of the Act (20 U.S.C. 1070b- 2(a)(2); 42 U.S.C. 2753(b)(5); 20 U.S.C. 1087cc(a)(2)), with respect to funds made available for academic years 2004-2005 and 2005-2006-- (1) in the case of an institution of higher education located in an area affected by a Gulf hurricane disaster, the Secretary shall waive the requirement that a participating institution of higher education provide a non-Federal share or a capital contribution, as the case may be, to match Federal funds provided to the institution for the programs authorized pursuant to subpart 3 of part A, part C, and part E of title IV of the Act; and (2) in the case of an institution of higher education that has accepted for enrollment any affected students, the Secretary may waive that matching requirement after considering the institution's student population and existing resources, using consistent and objective criteria. (b) Waiver of Reallocation Rules.-- (1) Authority to reallocate.--Notwithstanding sections 413D(d), 442(d), and 462(I) of the Act (20 U.S.C. 1070b-3(d); 42 U.S.C. 2752(d); 20 U.S.C. 1087bb(I)), the Secretary shall-- (A) reallocate any funds returned under any of those sections that were allocated to institutions of higher education for award year 2004-2005 to an institution of higher education that is eligible under paragraph (2) of this subsection; and (B) waive the allocation reduction for award year 2006-2007 for an institution returning more than 10 percent of its allocation under any of those sections. (2) Eligible institutions for reallocation.--An institution of higher education may receive a reallocation of excess allocations under this subsection if the institution-- (A) participates in the program for which excess allocations are being reallocated; and (B)(i) is located in an area affected by a Gulf hurricane disaster; or (ii) has accepted for enrollment any affected students in academic year 2005-2006. (3) Basis of reallocation.--The Secretary shall determine the manner in which excess allocations shall be reallocated to institutions under paragraph (1), and shall give additional consideration to the needs of institutions located in an area affected by a Gulf hurricane disaster. (4) Additional waiver authority.--Notwithstanding any other provision of law, in order to carry out this subsection, the Secretary may waive or modify any statutory or regulatory provision relating to the reallocation of excess allocations under subpart 3 of part A, part C, or part E of title IV of the Act in order to ensure that assistance is received by affected institutions for affected students. (c) Availability of Funds Date Extension.--Notwithstanding any other provision of law-- (1) any funds available to the Secretary under sections 413A, 441, and 461 of the Act (20 U.S.C. 1070b; 42 U.S.C. 2751; 20 U.S.C. 1087aa) for which the period of availability would otherwise expire on September 30, 2005, shall be available for obligation by the Secretary until September 30, 2006 for the purposes of the programs authorized pursuant to subpart 3 of part A, part C, and part E of title IV of the Act, respectively; and (2) the Secretary may recall any funds allocated to an institution of higher education for award year 2004-2005 under section 413D, 442, or 462 of the Act that, if not returned to the Secretary as excess allocations pursuant to any of those sections, would otherwise lapse on September 30, 2005, and reallocate those funds in accordance with subsection (b)(1). SEC. 3. EMERGENCY DESIGNATION. Section 2 of this Act is designated as an emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th Congress). SEC. 4. TERMINATION OF AUTHORITY. The provisions of this Act shall cease to be effective one year after the date of the enactment of this Act. SEC. 5. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Education. (2) Affected student.--The term ``affected student'' means an individual who has applied for or received student financial assistance under title IV of the Act, and who-- (A) was enrolled or accepted for enrollment, as of August 29, 2005, at an institution of higher education in an area affected by a Gulf hurricane disaster; (B) was a dependent student enrolled or accepted for enrollment at an institution of higher education that is not in an area affected by a Gulf hurricane disaster, but whose parents resided or were employed, as of August 29, 2005, in an area affected by a Gulf hurricane disaster; or (C) suffered direct economic hardship as a direct result of a Gulf hurricane disaster, as determined by the Secretary using consistent and objective criteria. (3) Gulf hurricane disaster.--The term ``Gulf hurricane disaster'' means a major disaster that the President declared to exist, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), and that was caused by Hurricane Katrina or Hurricane Rita. (4) Area affected by a gulf hurricane disaster.--The term ``area affected by a Gulf hurricane disaster'' means a county or parish, in an affected State, that has been designated by the Federal Emergency Management Agency for disaster assistance for individuals and households as a result of Hurricane Katrina or Hurricane Rita. (5) Affected state.--The term ``affected State'' means the State of Alabama, Louisiana, Mississippi, or Texas. (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Natural Disaster Student Aid Fairness Act - Authorizes, and in certain cases requires, the Secretary of Education to waive certain matching funds requirements and reallocation rules, and to extend the availability of certain funds, with respect to campus-based student assistance programs under the Higher Education Act of 1965, for institutions of higher education that: (1) are located in areas affected by a Gulf hurricane disaster caused by Hurricane Katrina or Hurricane Rita; or (2) have accepted for enrollment any students who were affected by such disaster. States that such students may be affected by reason of: (1) having been enrolled or accepted by an institution in the affected area; (2) being dependent on parents residing or employed in such an area; or (3) having suffered direct economic harm as a direct result of such disaster, as determined by the Secretary using consistent and objective criteria.

To provide the Secretary of Education with waiver authority for the reallocation rules in the Campus-Based Aid programs, and to extend the deadline by which funds have to be reallocated to institutions of higher education due to a natural disaster.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Opioid Addiction Action Plan Act''. SEC. 2. ACTION PLAN ON RECOMMENDATIONS FOR CHANGES UNDER MEDICARE AND MEDICAID TO PREVENT OPIOIDS ADDICTIONS AND ENHANCE ACCESS TO MEDICATION-ASSISTED TREATMENT. (a) In General.--Not later than January 1, 2019, the Secretary of Health and Human Services (in this section referred to as the ``Secretary''), in collaboration with the Pain Management Best Practices Inter-Agency Task Force convened under section 101(b) of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198), shall develop an action plan that provides recommendations described in subsection (b). (b) Action Plan Components.--Recommendations described in this subsection are, based on an examination by the Secretary of potential obstacles to an effective response to the opioid crisis, recommendations, as determined appropriate by the Secretary, on the following: (1) Recommendations on changes to the Medicare program under title XVIII of the Social Security Act and the Medicaid program under title XIX of such Act that would enhance coverage and payment under such programs of all medication-assisted treatment approved by the Food and Drug Administration for the treatment of opioid addiction and other therapies that manage chronic and acute pain and treat and minimize risk of opioid addiction, including recommendations on changes to the Medicare prospective payment system for hospital inpatient department services under section 1886(d) of such Act (42 U.S.C. 1395ww(d)) and the Medicare prospective payment system for hospital outpatient department services under section 1833(t) of such Act (42 U.S.C. 1395l(t)) that would allow for separate payment for such therapies, if medically appropriate and if necessary to encourage development and adoption of such therapies. (2) Recommendations for payment and service delivery models to be tested by the Center for Medicare and Medicaid Innovation and other federally authorized demonstration projects, including value-based models, that may encourage the use of appropriate medication-assisted treatment approved by the Food and Drug Administration for the treatment of opioid addiction and other therapies that manage chronic and acute pain and treat and minimize risk of opioid addiction. (3) Recommendations for data collection that could facilitate research and policy making regarding prevention of opioid addiction and coverage and payment under the Medicare and Medicaid programs of appropriate opioid addiction treatments. (4) Recommendations for policies under the Medicare program and under the Medicaid program that can expand access for rural, or medically underserved communities to the full range of medication-assisted treatment approved by the Food and Drug Administration for the treatment of opioid addiction and other therapies that manage chronic and acute pain and treatment and minimize risk of opioid addiction. (5) Recommendations on changes to the Medicare program and the Medicaid program to address coverage or payment barriers to patient access to medical devices that are non-opioid based treatments approved by the Food and Drug Administration for the management of acute pain and chronic pain, for monitoring substance use withdrawal and preventing overdoses of controlled substances, and for treating substance use disorder. (c) Stakeholder Meetings.-- (1) In general.--Beginning not later than 3 months after the date of the enactment of this Act, the Secretary shall convene a public stakeholder meeting to solicit public comment on the components of the action plan recommendations described in subsection (b). (2) Participants.--Participants of meetings described in paragraph (1) shall include representatives from the Food and Drug Administration and National Institutes of Health, biopharmaceutical industry members, medical researchers, health care providers, the medical device industry, the Medicare program, the Medicaid program, and patient advocates. (d) Request for Information.--Not later than 3 months after the date of the enactment of this section, the Secretary shall issue a request for information seeking public feedback regarding ways in which the Centers for Medicare & Medicaid Services can help address the opioid crisis through the development of and application of the action plan. (e) Report to Congress.--Not later than June 1, 2019, the Secretary shall submit to Congress, and make public, a report that includes-- (1) a summary of recommendations that have emerged under the action plan; (2) the Secretary's planned next steps with respect to the action plan; and (3) an evaluation of price trends for drugs used to reverse opioid overdoses (such as naloxone), including recommendations on ways to lower such prices for consumers. (f) Definition of Medication-Assisted Treatment.--In this section, the term ``medication-assisted treatment'' includes opioid treatment programs, behavioral therapy, and medications to treat substance abuse disorder. Passed the House of Representatives June 19, 2018. Attest: KAREN L. HAAS, Clerk.

Opioid Addiction Action Plan Act (Sec. 2) This bill requires the Centers for Medicare & Medicaid Services (CMS) to develop an action plan to provide recommendations on changes to the Medicare and Medicaid programs to enhance: (1) the treatment and prevention of opioid addiction, and (2) the coverage and payment of medication-assisted treatment for opioid addiction. The CMS must convene a stakeholder meeting to solicit public comment on the action plan. The CMS must also publish a report that includes an evaluation of price trends for opioid overdose-reversal drugs (e.g., naloxone) and recommendations on ways to lower consumer prices for such drugs.

Opioid Addiction Action Plan Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Prosecutions of International Espionage Schemes Act of 2007''. SEC. 2. REVISION OF ESPIONAGE CRIMES. (a) In General.--Chapter 37 of title 18, United States Code, is amended to read as follows: ``CHAPTER 37--ESPIONAGE AND RELATED OFFENSES ``Sec. ``791. Gathering or transmitting information connected with the national defense. ``792. Losing information connected with the national defense. ``793. Forfeiture. ``794. General provisions for chapter. ``Sec. 791. Gathering or transmitting information connected with the national defense ``Whoever, with intent or reason to believe that the information will be used to the injury of the United States, or to the advantage of any foreign power, knowingly-- ``(1) without authorization obtains information connected with the national defense; or ``(2) provides information connected with the national defense to any person not entitled to receive it; or attempts or conspires to do so, shall be imprisoned for life or for any term of years, and if death results, shall be subject to the death penalty. ``Sec. 792. Losing information connected with the national defense ``Whoever, or having lawful possession or control of any information connected with the national defense-- ``(1) recklessly permits that information to be lost, stolen, or destroyed; or ``(2) knowing that the information has been lost, or stolen, or destroyed, fails to make prompt report of that fact to an appropriate superior officer; shall be fined under this title or imprisoned not more than 20 years, or both. ``Sec. 793. Forfeiture ``(a) In General.--A person convicted of a violation of this chapter shall forfeit to the United States-- ``(1) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and ``(2) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation. ``(b) Sentence of Forfeiture.--The court, in imposing sentence on a defendant for a conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in subsection (a). ``(c) Procedure.--Subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 shall apply to-- ``(1) property subject to forfeiture under this subsection; ``(2) any seizure or disposition of such property; and ``(3) any administrative or judicial proceeding in relation to such property. ``Sec. 794. General provisions for chapter ``(a) Definitions.--In this chapter-- ``(1) the term `foreign power' has the meaning given that term in section 101(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)); and ``(2) the term `information connected with the national defense' means non-public information in whatever form, the disclosure of which could reasonably harm national security. ``(b) Exclusion Relating to Lawful Demands of Congress.--Nothing in this chapter prohibits the furnishing, upon lawful demand, of information to any regularly constituted committee of the Senate or House of Representatives of the United States of America, or joint committee thereof. ``(c) Statute of Limitations.--No person shall be tried for an offense under this chapter unless the indictment is found or the information is instituted not later than 10 years after the date on which the offense was committed.''. (b) Clerical Amendment.--The item relating to chapter 37 in the table of chapters for part I of title 18, United States Code, is amended to read as follows: ``37. Espionage and related offenses........................ 791''. SEC. 3. CHAPTER 115 PENALTIES. (a) Misprision of Treason.--Section 2382 of title 18, United States Code, is amended by striking ``seven'' and inserting ``20''. (b) Rebellion.--Section 2383 of title 18, United States Code, is amended by striking ``ten'' and inserting ``20''. SEC. 4. COMPUTER ESPIONAGE. Section 1030 of title 18, United States Code, is amended-- (1) in subsection (a)(1)-- (A) by striking ``willfully'' each place it appears and inserting ``knowingly''; and (B) by striking ``foreign nation'' and inserting ``foreign power (as defined in 101(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a))''; (2) in subsection (c)(1)(A), by striking ``ten'' and inserting ``20'' and (3) in subsection (c)(1)(B), by striking ``twenty'' and inserting ``30''. SEC. 5. SIMPLIFICATION OF SECTION 831. Section 831 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``, if one of the circumstances described in subsection (c) occurs'' and inserting ``in the United States, the special maritime and territorial jurisdiction of the United States, or the special aircraft jurisdiction of the United States (as defined in section 46501 of title 49)''; and (2) by amending subsection (c) to read as follows: ``(c) There is extraterritorial jurisdiction over an offense under this section.''. SEC. 6. DESTRUCTION OF OR DAMAGE TO NUCLEAR FACILITY. (a) In General.--Chapter 65 of title 18, United States Code, is amended by inserting after section 1366 the following: ``Sec. 1366A. Damage to nuclear facility and related crimes ``(a) Offense.--Whoever knowingly-- ``(1) causes physical damage to a nuclear facility or to nuclear fuel; ``(2) without authorization causes an interruption of normal operation of a nuclear facility; or attempts or conspires to do so, shall be fined under this title or imprisoned not more than 30 years or both, and if death results to any person, shall subject to the death penalty and the maximum term of imprisonment shall be life or any term of years. ``(b) Definitions.--In this section-- ``(1) the term `nuclear facility' means any production facility or utilization facility, nuclear storage facility, or any uranium enrichment facility, as defined for the purposes of the Atomic Energy Act of 1954, that is licenced under the Atomic Energy Act of 1954; and ``(2) the term `nuclear fuel' means any fuel for a nuclear facility or any spent nuclear fuel from a nuclear facility.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 65 of title 18, United States Code, is amended by inserting after the item relating to section 1366 the following new item: ``1366A. Destruction of or damage to nuclear facility.''. SEC. 7. ELIMINATION OF OBSOLETE OR SUPERSEDED CRIMINAL PROVISIONS IN THE ATOMIC ENERGY ACT OF 1954. The Atomic Energy Act of 1954 is amended-- (1) by striking sections 91, 221, 224, 225, 226, 227, and 235; (2) by striking subsections a. and b. of section 57; (3) in section 222 a., by striking ``57 or''; and (4) by striking subsection b. of section 222. SEC. 8. EXPORT CONTROL VIOLATIONS. (a) In General.--Chapter 27 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 555. Export control violations ``(a) Offense.--Whoever knowingly violates a requirement of section 38 or 39 of the Arms Export Control Act (22 U.S.C. 2778; 2779) or of the Export Administration Act of 1979 (50 U.S.C. App 2401 et seq.) or a rule made under either of those sections or that Act, or attempts or conspires to do so, shall be fined not more than $1,000,000 or imprisoned not more than 20 years, or both. ``(b) State of Mind Proof.--This section does not require proof that the defendant knew the requirement existed if the defendant had reason to know that such was the case.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 27 of title 18, United States Code, is amended by adding at the end the following new item: ``555. Export control violations.''. (c) Conforming Amendments.-- (1) Arms export control act.--Section 38 of the Arms Export Control Act (22 U.S.C. 2778) is amended by striking subsection (c). (2) Export administration act.--Section 11 of the Export Administration Act (50 U.S.C. App. 2410) is amended by striking subsections (a) and (b). SEC. 9. WIRETAPPING EQUIPMENT PROHIBITION CHANGE. Section 2512(2)(b) of title 18, United States Code, is amended by inserting ``or otherwise authorized by'' after ``under contract with''. SEC. 10. IMPROVEMENT OF CRIMINAL CASE DISPOSITION REPORTING. Not later than 180 days after the date of the enactment of this Act, the Attorney General, in consultation with the Secretary of the Department of Homeland Security, the Secretary of the State Department, and the Secretary of the Department of Commerce, shall implement a policy to notify appropriate officials at the Department of Homeland Security, Department of State and Department of Commerce of any indictments, convictions, or dispositions of any criminal investigation or prosecution involving violations of the Arms Export Control Act or the Export Administration Act. SEC. 11. COMPREHENSIVE IMPORT AND EXPORT CONTROL DATABASE. Not later than one year after the date of the enactment of this Act, the Attorney General, in consultation with the Secretary of the Department of Homeland Security, the Secretary of the State Department, and the Secretary of the Department of Commerce, shall develop a database, which shall be publicly accessible on the Internet, and include an accurate and up to date import and export control database for export control activities, including lists of products that require licensing and that are otherwise prohibited under the Arms Export Control Act or the Export Administration Act. SEC. 12. TECHNICAL ASSISTANCE TO IMPROVE ENFORCEMENT OF EXPORT CONTROLS. The Attorney General, in consultation with the Secretary of the Department of Homeland Security, the Secretary of the State Department, and the Secretary of the Department of Commerce, shall provide technical assistance to train investigators and prosecutors to improve and increase enforcement and prosecution of export control laws.

Supporting Prosecutions of International Espionage Schemes Act of 2007 - Amends the federal criminal code to: (1) revise criminal prohibitions against unauthorized gathering and disclosure of national defense information and recklessly losing such information; (2) increase maximum prison terms for the crimes of misprision of treason, rebellion, and thefts of classified information and financial records by computer; (3) impose a fine and/or prison term of up to 30 years for damaging or impeding the operation of a nuclear facility or attempting or conspiring to do so; and (4) impose a fine and/or prison term of up to 20 years for violations of certain export control requirements. Directs the Attorney General to: (1) notify appropriate officials at the Departments of Homeland Security (DHS), State, and Commerce of any indictments, convictions, or dispositions of any criminal investigations under the Arms Export Control Act or the Export Administration Act; (2) develop an Internet import and export control database; and (3) provide technical assistance to investigators and prosecutors to improve and increase enforcement and prosecution of export control laws.

To amend title 18, with respect to certain crimes affecting national security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improved Compensation for Hearing Loss Act of 2013''. SEC. 2. REPORT ON PRACTICES OF THE DEPARTMENT OF VETERANS AFFAIRS TO ADEQUATELY PROVIDE SERVICES TO VETERANS WITH HEARING LOSS. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the actions taken by the Secretary to implement the findings and recommendations included in the 2006 report by the Institute of Medicine of the National Academies entitled ``Noise and Military Service: Implications for Hearing Loss and Tinnitus'' that was prepared pursuant to section 104 of the Veterans Benefits Act of 2002 (Public Law 107-330; 116 Stat. 2822). (b) Effect of Duty Military Occupational Specialty Noise Exposure Listing on Receipt of Benefits by Veterans.-- (1) In general.--The Secretary shall include in the report required by subsection (a) an evaluation of the extent to which veterans who had a military occupational specialty during service as a member of the Armed Forces that is not included on the Duty Military Occupational Specialty Noise Exposure Listing (in this subsection referred to as the ``MOS List'') are precluded from receiving benefits related to hearing loss from the Department of Veterans Affairs. (2) Data.--The Secretary shall include in the evaluation required by paragraph (1) the following: (A) With respect to veterans who had a military occupational specialty included on the MOS List-- (i) the number of claims for benefits related to hearing loss from the Department of Veterans Affairs that were granted; and (ii) the number of claims for benefits related to hearing loss from the Department that were denied. (B) With respect to veterans who had a military occupational specialty not included on the MOS List-- (i) the number of claims for benefits related to hearing loss from the Department that were granted; (ii) the number of claims for benefits related to hearing loss from the Department that were denied; (iii) of the number of denied claims under clause (ii), the number of those claims that were appealed; and (iv) of the number of appealed claims under clause (iii), the number of those appealed claims that were successfully appealed. (c) Additional Matters.--The Secretary shall include in the report required by subsection (a) the following: (1) In the case of a veteran with unilateral hearing loss, an explanation of the scientific basis for the practice of the Department of determining a disability rating level with respect to hearing based on an examination of that veteran's healthy ear instead of the injured ear. (2) An analysis of the reduction in earning capacity for veterans as a result of unilateral hearing loss, with a focus on the ability of those veterans-- (A) to detect the direction of sound; and (B) to understand speech. (3) An explanation of the rationale for the practice of the Department of not issuing a compensable rating for hearing loss at certain levels that are severe enough to require the use of hearing aids. (4) A survey of the audiologists that conduct compensation and pension examinations for the Department to assess the implementation of the most recent edition of the best practices manual for hearing loss and tinnitus examinations that includes the following: (A) A description of the training received by those audiologists compared to the methods described in the most recent edition of the best practices manual for hearing loss and tinnitus examinations. (B) An assessment of how those audiologists have complied with that training. (C) Whether those audiologists are using a range of tones up to 8000 hertz to test the hearing of veterans. SEC. 3. REPORT ON JOINT PROGRAMS OF DEPARTMENT OF VETERANS AFFAIRS AND DEPARTMENT OF DEFENSE WITH RESPECT TO HEARING LOSS OF MEMBERS OF THE ARMED FORCES AND VETERANS. Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, in consultation with the Secretary of Defense, submit to Congress a report that identifies the following: (1) Goals for the Department of Veterans Affairs and the Department of Defense for the prevention, early detection, and treatment of hearing loss by the National Center for Rehabilitative Auditory Research of the Department of Veterans Affairs and the Hearing Center of Excellence of the Department of Defense. (2) Resources of the Department of Veterans Affairs that could be made available to assist the Department of Defense in conducting audiometric tests and tinnitus screenings for members of the Armed Forces. (3) Barriers to information being added to the Hearing Loss and Auditory System Injury Registry required under section 721(c)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4506). (4) Recommendations for any legislative or administrative actions necessary with respect to the Hearing Loss and Auditory System Injury Registry-- (A) to assist in achieving the goals specified in paragraph (1); (B) to improve the adjudication of claims for benefits with respect to hearing loss; and (C) to further the research objectives of the National Center for Rehabilitative Auditory Research of the Department of Veterans Affairs and the Hearing Center of Excellence of the Department of Defense.

Improved Compensation for Hearing Loss Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to report to the congressional veterans committees on actions taken to implement the findings and recommendations included in the 2006 report by the Institute of Medicine of the National Academies entitled "Noise and Military Service: Implications for Hearing Loss and Tinnitus." Requires the Secretary's report to include an evaluation of the extent to which veterans who had a military occupational specialty that is not included on the Duty Military Occupational Specialty Noise Exposure Listing are precluded from receiving VA benefits related to hearing loss. Directs the Secretary to report to Congress on joint VA-Department of Defense (DOD) programs concerning the prevention, early detection, and treatment of hearing loss of members of the Armed Forces and veterans, as well as related matters.

Improved Compensation for Hearing Loss Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sugar Policy Modernization Act of 2017''. SEC. 2. SUGAR PROGRAM. (a) Loan Rates.--Section 156 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272) is amended by striking subsections (a) and (b) and inserting the following new subsections: ``(a) Sugarcane.--The Secretary shall make loans available to processors of domestically grown sugarcane at a rate equal to-- ``(1) 18.75 cents per pound for raw cane sugar for the 2018 crop year; ``(2) 18.50 cents per pound for raw cane sugar for the 2019 crop year; ``(3) 18.25 cents per pound for raw cane sugar for the 2020 crop year; and ``(4) 18.00 cents per pound for raw cane sugar for the 2021 through 2023 crop years. ``(b) Sugar Beets.--The Secretary shall make loans available to processors of domestically grown sugar beets at a rate equal to 128.5 percent of the loan rate per pound of raw cane sugar for the applicable crop year under subsection (a) for each of the 2018 through 2023 crop years.''. (b) Avoiding Forfeitures While Ensuring Adequate Supplies at Reasonable Prices.--Section 156(f) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(f)) is amended-- (1) in the subsection heading, by inserting ``While Ensuring Adequate Supplies at Reasonable Prices'' after ``Forfeitures''; and (2) in paragraph (1), by inserting ``ensure adequate supplies of sugar at reasonable prices and'' after ``shall''. (c) Assurance of No Net Cost and Means for Recovery of Net Costs.-- Section 156(f) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(f)) is further amended by adding at the end the following new paragraph: ``(3) Assurance of no net cost; recovery of net costs.-- ``(A) Recovery required.--Whenever the Secretary finds that, notwithstanding paragraph (1), the program established under this section has resulted in a net cost to the Federal Government, the Secretary shall recover, in a manner determined by the Secretary in regulations prescribed under subparagraph (C), such net cost from processors of domestically grown sugarcane and sugar beets. ``(B) Recovery method.--The Secretary may provide for single or multiple payments by each processor of domestically grown sugarcane or sugar beets for the recovery of such net cost under this paragraph. ``(C) Net cost defined.--In this paragraph, the term `net cost' refers to a situation in which Federal expenditures (including disbursement of loan proceeds) for a fiscal year pursuant to the program established under this section exceed receipts under such program (including loan repayments) for the same fiscal year. ``(D) Regulations.--The Secretary shall issue regulations to carry out this paragraph. ``(E) Application.--This paragraph shall apply beginning with the 2019 crop year.''. (d) Effective Period.--Section 156(i) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(i)) is amended by striking ``2018'' and inserting ``2023''. SEC. 3. ONE-YEAR EXTENSION OF FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY PRODUCERS AND SUBSEQUENT TERMINATION. (a) Extension.--Section 9010(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110(b)) is amended-- (1) in paragraph (1)(A), by striking ``2018'' and inserting ``2019''; and (2) in paragraph (2)(A), by striking ``2018'' and inserting ``2019''. (b) Termination.--Section 9010 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110) is amended by adding at the end the following new subsection: ``(c) Termination.--The Secretary may not carry out the feedstock flexibility program under subsection (b) for the 2020 or subsequent crops of eligible commodities.''. SEC. 4. TWO-YEAR EXTENSION OF MARKETING ALLOTMENTS FOR SUGAR AND SUBSEQUENT ADMINISTRATION OF TARIFF-RATE QUOTAS. (a) Flexible Marketing Allotments for Sugar.-- (1) Sugar estimates.--Section 359b(a)(1) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359bb(a)(1)) is amended by striking ``2018'' and inserting ``2020''. (2) Effective period.--Section 359l(a) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by striking ``2018'' and inserting ``2020''. (3) Transition to final stocks to use ratio.--Section 359k(b) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359kk(b)) is amended by adding at the end the following new paragraph: ``(3) Stocks-to-use ratio.--Notwithstanding paragraphs (1) and (2), the Secretary shall adjust tariff-rate quotas established under subsection (a) in such a manner as to ensure, to the maximum extent practicable, that-- ``(A) the final ratio of sugar stocks to total sugar use at the end of a crop year will be approximately-- ``(i) 14.5 percent for fiscal year 2019; and ``(ii) 15 percent for fiscal year 2020; and ``(B) stocks of raw cane and refined beet sugar are adequate throughout the crop year to meet the needs of the marketplace, including the efficient utilization of cane refining capacity.''. (b) Repeal and Replacement.-- (1) In general.--Effective October 1, 2020, part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) is amended to read as follows: ``PART VII--SUGAR ``SEC. 359. ADMINISTRATION OF TARIFF-RATE QUOTAS. ``(a) Establishment.--Notwithstanding any other provision of law, at the beginning of fiscal year 2021 and each fiscal year thereafter through the end of the effective period, the Secretary shall establish the tariff-rate quotas for raw cane sugar and refined sugar to provide adequate supplies of sugar at reasonable prices, but at no less than the minimum level necessary to comply with obligations under international trade agreements that have been approved by Congress. ``(b) Adjustment Authority.--The Secretary shall adjust tariff-rate quotas established under subsection (a) in such a manner as to ensure, to the maximum extent practicable, that-- ``(1) the final ratio of sugar stocks to total sugar use at the end of a fiscal year will be approximately 15.5 percent for fiscal year 2021 and each fiscal year thereafter through the end of the effective period; and ``(2) stocks of raw cane and refined beet sugar are adequate throughout the crop year to meet the needs of the marketplace, including the efficient utilization of cane refining capacity. ``(c) Transfer of Quota Shares.-- ``(1) In general.--The Secretary shall promulgate regulations that-- ``(A) promote full use of the tariff-rate quotas for raw cane sugar and refined sugar and ensure adequate supplies for cane refiners in the United States; ``(B) provide that any country that has been allocated a share of the quotas may temporarily transfer all or part of the share to any other country that has also been allocated a share of the quotas. ``(2) Transfers voluntary.--Any transfer under this subsection shall be valid only pursuant to a voluntary agreement between the transferor and the transferee, consistent with procedures established by the Secretary. ``(3) Limitations on transfers with respect to fiscal year.-- ``(A) In general.--Any transfer under this subsection shall be valid only for the duration of the fiscal year during which the transfer is made. ``(B) Following fiscal year.--No transfer under this subsection shall affect the share of the quota allocated to the transferor or transferee for the following fiscal year. ``(d) Effective Period.--This section shall be effective for fiscal years only through the 2023 crop year for sugar.''. (2) Continued application of prior law to certain sugar crops.--Part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.), as in effect on the day before the date specified in paragraph (1), shall continue to apply to the 2019 and 2020 crop years for sugar. SEC. 5. SENSE OF CONGRESS. It is the sense of Congress that the President should establish, as major goals of the United States trade policy, the following: (1) The elimination of all direct and indirect subsidies benefitting the production or export of sugar by any government. (2) The enforcement, negotiation, and implementation of trade agreements that provide commercially meaningful sugar trade liberalization globally and enhance trade opportunities for United States agriculture and all sectors of the United States economy.

Sugar Policy Modernization Act of 2017 This bill amends the Federal Agriculture Improvement and Reform Act of 1996 and other agricultural laws to modify the Department of Agriculture (USDA) sugar program. The bill modifies the sugar program to: reduce the rates for price support loans to processors of domestically grown sugarcane and sugar beets; require USDA to recover the net cost of the program from domestic sugar processors; extend through 2019 and then terminate the Feedstock Flexibility Program under which USDA purchases surplus sugar from domestic processors for resale to ethanol producers; extend through 2020 and then repeal the flexible marketing allotments which limit the amount of sugar that domestic processing companies may sell for domestic human use; require USDA to administer the program to provide adequate supplies of sugar at reasonable prices; require USDA to adjust sugar tariff-rate quota imports to achieve specified ratios of sugar stocks to total sugar use; and allow the transfer of quotas between countries.

Sugar Policy Modernization Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Professional Sports Franchise Relocation Act of 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) professional sports teams foster a strong local identity with the people of the cities and regions in which they are located, providing a source of civic pride for their supporters; (2) professional sports teams provide employment opportunities, revenues, and a valuable form of entertainment for the cities and regions in which they are located; (3) in many communities, there are significant public investments associated with professional sports facilities; (4) it is in the public interest to encourage professional sports leagues to operate under policies that promote stability among their member teams and to promote the equitable resolution of disputes arising from the proposed relocation of professional sports teams; and (5) professional sports teams travel in interstate commerce to compete, and utilize materials shipped in interstate commerce, and professional sports games are broadcast nationally. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``antitrust laws'' shall have the meaning given to such term in the first section of the Clayton Act (15 U.S.C. 12) and in the Federal Trade Commission Act (15 U.S.C. 41 et seq.); (2) the term ``home territory'' means the geographic area within which a member team operates and plays the majority of its home games, as defined in the governing agreement or agreements of the relevant league on July 1, 1995, or upon the commencement of operations of any league after such date; (3) the term ``interested party'' includes-- (A) any local government that has provided financial assistance, including tax abatement, to the facilities in which the team plays; (B) a representative of the local government for the locality in which a member team's stadium or arena is located; (C) a member team; (D) the owner or operator of a stadium or arena of a member team; and (E) any other affected party, as designated by the relevant league; (4) the term ``local government'' means a city, county, parish, town, township, village, or any other general governmental unit established under State law; (5) the terms ``member team'' and ``team'' mean any team of professional athletes-- (A) organized to play major league football, basketball, or hockey; and (B) that is a member of a professional sports league; (6) the term ``person'' means any individual, partnership, corporation, or unincorporated association, any combination or association thereof, or any political subdivision; (7) the terms ``professional sports league'' and ``league'' mean an association that-- (A) is composed of 2 or more member teams; (B) regulates the contests and exhibitions of its member teams; and (C) has been engaged in competition in a particular sport for more than 7 years; and (8) the terms ``stadium'' and ``arena'' mean the principal facility within which a member team plays the majority of its home games. SEC. 4. ACTIONS AUTHORIZED. The antitrust laws shall not apply to a professional sports league's enforcement or application of a rule authorizing the membership of the league to decide whether or not a member team of such league may be relocated. SEC. 5. PROCEDURAL REQUIREMENTS. (a) Notice.-- (1) In general.--Any person seeking to change the home territory of a member team shall furnish notice of such proposed change not later than 210 days before the commencement of the season in which the member team is to play in such other location. (2) Requirements.--The notice shall-- (A) be in writing and delivered in person or by certified mail to all interested parties; (B) be made available to the news media; (C) be published in one or more newspapers of general circulation within the member team's home territory; and (D) contain-- (i) an identification of the proposed new location of such member team; (ii) a summary of the reasons for the change in home territory based on the criteria listed in subsection (b)(2); and (iii) the date on which the proposed change would become effective. (b) Procedures.-- (1) Establishment.--Prior to making a decision to approve or disapprove the relocation of a member team, a professional sports league shall establish applicable rules and procedures, including criteria and factors to be considered by the league in making decisions, which shall be available upon request to any interested party. (2) Criteria to be considered.--The criteria and factors to be considered shall include-- (A) the extent to which fan loyalty to and support for the team has been demonstrated during the team's tenure in the community; (B) the degree to which the team has engaged in good faith negotiations with appropriate persons concerning terms and conditions under which the team would continue to play its games in the community or elsewhere within its home territory; (C) the degree to which the ownership or management of the team has contributed to any circumstance that might demonstrate the need for the relocation; (D) the extent to which the team, directly or indirectly, received public financial support by means of any publicly financed playing facility, special tax treatment, or any other form of public financial support; (E) the adequacy of the stadium or arena in which the team played its home games in the previous season, and the willingness of the stadium, arena authority, or local government to remedy any deficiencies in the facility; (F) whether the team has incurred net operating losses, exclusive of depreciation or amortization, sufficient to threaten the continued financial viability of the team; (G) whether any other team in the league is located in the community in which the team is located; (H) whether the team proposes to relocate to a community in which no other team in the league is located; (I) whether the stadium authority, if public, is opposed to the relocation; and (J) any other criteria considered appropriate by the professional sports league. (c) Hearings.--In making a determination with respect to the location of such member team's home territory, the professional sports league shall conduct a hearing at which interested parties shall be afforded an opportunity to submit written testimony and exhibits. The league shall keep a record of all such proceedings. SEC. 6. JUDICIAL REVIEW. (a) In General.--A decision by a professional sports league to approve or disapprove the relocation of a member team may be reviewed in a civil action brought by an interested party subject to the limitations set forth in this section. (b) Venue.-- (1) In general.--Subject to paragraph (2), an action under this section may be brought only in the United States District Court for the District of Columbia. (2) Exception.--If the home territory of the member club or the proposed new home territory of the member club is within 50 miles of the District of Columbia, an action under this section may be brought only in the United States District Court for the Southern District of New York. (c) Time.--An action under this section shall be brought not later than 14 days after the formal vote of the league approving or disapproving the proposed relocation. (d) Standard of Review.--Judicial review of a decision by a professional sports league to permit or not to permit the relocation of a member team shall be conducted on an expedited basis, and shall be limited to-- (1) determining whether the league complied with the procedural requirements of section 5; and (2) determining whether, in light of the criteria and factors to be considered, the league's decision was arbitrary or capricious. (e) Remand.--If the reviewing court determines that the league failed to comply with the procedural requirements of section 5 or reached an arbitrary and capricious decision, it shall remand the matter for further consideration by the league. The reviewing court may grant no relief other than enjoining or approving enforcement of the league decision. SEC. 7. MISCELLANEOUS. (a) Payment of Debts.-- (1) In general.--Any team permitted by a professional sports league to relocate its franchise to a different home territory from a publicly owned facility that remains subject to debt for construction or improvements shall pay to the facility owner, on a current basis until the retirement of that debt, its proportionate share, based upon dates of facility usage during the 12 months prior to the notice of the team's intent to relocate, of the existing debt service on such obligations. (2) Effect on existing rights.--This subsection shall not affect a stadium authority's rights, if any, to seek specific enforcement of its lease or a club's rights, if any, to seek a judicial determination that its lease has been breached. (b) Competition.--Any community from which a professional sports league franchise relocates under this Act shall receive 180 days' prior notice of any league decision to expand and an opportunity to compete for such an expansion franchise on grounds no less favorable than those afforded to other communities. SEC. 8. EFFECTIVE DATE. This Act shall apply to any league action addressing relocation of the home territory of a member team that occurs on or after June 1, 1995, and to any lawsuit addressing such league action filed after June 1, 1995.

Professional Sports Franchise Relocation Act of 1996 - Exempts from antitrust laws a professional sports league's enforcement or application of a rule authorizing the membership of the league to decide whether or not a member team may be relocated. Requires persons seeking to change the home territory of a member team to furnish to the media and all interested parties notice of such proposed change within 210 days before the commencement of the season in which the team is to play in such other location. Requires a relocation decision by a professional sports league to be based on rules, procedures, and the consideration of criteria that include: (1) demonstrated fan loyalty and support for the team; (2) the extent the team received public financial support; and (3) whether the team has incurred net operating losses. Allows the decision by a professional sports league to approve or disapprove the relocation of a member team to be reviewed in a civil action brought by an interested party subject to specified limitations. Limits the relief granted by the reviewing court to enjoining or approving enforcement of the league's decision. Sets forth provisions concerning debt payments by teams that relocate from publicly owned facilities that remain subject to debt for construction or improvements. Provides that this Act shall not effect a stadium authority's rights to seek specific enforcement of its lease or a club's rights if any to seek a judicial determination that its lease has been breached. Requires any community from which such professional sports league franchise relocates to receive 180 days' prior notice of any league decision to expand. Gives the community an opportunity to compete for such an expansion franchise on grounds no less favorable that those afforded to other communities. Applies this Act to any league action addressing relocation of a member team on or after June 1, 1995.

Professional Sports Franchise Relocation Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Subsidies Without Verification Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) On July 5, 2013, the Department of Health and Human Services released more than 600 pages of a final rule to implement the provisions of the Patient Protection and Affordable Care Act and the health care provisions of the Health Care and Education Reconciliation Act of 2010 (commonly referred to as ``Obamacare'' or the ``ACA''). (2) Such final rule included an announcement that the Federal Government would no longer verify that each applicant for premium tax credits or cost-sharing reductions for coverage offered through an Exchange established under the Patient Protection and Affordable Care Act are actually qualified for such credits or reductions. Instead, the Administration would rely on self-attestation and sample audits of a sample population to ``protect'' the integrity of this new $1 trillion entitlement program. (3) The Department of Health and Human Services later announced a change in such policy and stated it would extend the sample population to 100 percent. This change, though announced, was never made to the final rule, meaning there was no guarantee to the American people that applicants would be verified. (4) It is estimated that not verifying eligibility for such credits and reductions could likely equate to approximately $250 billion in fraudulent payments through payments of such Obamacare premium tax credits and cost-sharing reductions. (5) The final rule provides that the Department of Health and Human Services will offer to perform this verification procedure for States that are establishing a State-based Exchange, but will be unable to do so until 2015. As a result, such States will not be required to randomly verify employer- sponsored coverage until 2015. (6) In order to protect taxpayers after the Department of Health and Human Services failed to implement a new rule that it would ensure Congress and taxpayers that verification of eligibility would be performed, the House of Representatives advanced legislation, H.R. 2775, the No Subsidies Without Verification Act. This legislation would have provided the force of law to ensure that verification would occur prior to the issuance of any Obamacare premium tax credit or cost- sharing reduction. (7) On September 12, 2013, this legislation was passed in the House of Representatives with bipartisan support by a 235 to 191 vote margin. (8) On September 10, 2013, the Obama Administration issued a Statement of Administration Policy to H.R. 2775 that stated ``the Administration strongly opposes House passage of H.R. 2775 because the goal of the bill is already being accomplished while the text of the bill would create delays that could cost millions of hard-working middle-class families the security of affordable health coverage and care they deserve''. (9) The Statement of Administration Policy also stated that ``H.R. 2775 is unnecessary because the Secretary of Health and Human Services has already put in place an effective and efficient system for verification of eligibility for premium tax credits and cost sharing reductions.''. (10) On October 16, 2013, the Senate removed the verification mechanism of H.R. 2775 and replaced it with language that required a report to Congress by the Secretary of Health and Human Services no later than January 1, 2014. (11) On January 1, 2014, the Department of Health and Human Services submitted a mandated report to Congress entitled, ``Verification of Household Income and Other Qualifications for the Provision of Affordable Care At Premium Tax Credits and Cost-Sharing Reductions''. (12) This report to Congress states, ``In accordance with statute and applicable implementing regulations, when a consumer submits an application for insurance affordability programs (which include APTCs, CSRs, Medicaid, the Children's Health Insurance Program (CHIP), and the Basic Health Program (BHP)), the Exchange verifies information provided by the consumer on the application as a component of making an eligibility determination. The processes for verifying information in order to determine eligibility for enrollment in a qualified health plan (QHP) through the Exchange and for APTC under section 36B of the Internal Revenue Code (the Code) and CSRs under section 1402 of the ACA are specified in the ACA and its implementing regulations. Pursuant to both statute and applicable regulations, the Exchanges have implemented numerous processes to carry out the verification of information provided by applicants.''. (13) Beginning in 2014, Federal subsidies have been made available to help individuals purchase health insurance through an Exchange through premium tax credits and cost-sharing reductions. On April 2014, the Department of Health and Human Services delayed implementation of income verification systems in order to increase sign-ups for health care plans through the healthcare.gov website. (14) Various reports indicate that the internal portions of the healthcare.gov website are yet to be finalized, thus leaving the Department of Health and Human Services unable to perform the verification it stated it was performing. The Obama Administration is operating a new Federal entitlement program that fails to prevent fraudulent subsidy claims before administered. In doing so, the Department of Health and Human Services has created a new ``pay and chase'' program that places taxpayers at financial risk of fraudulent claims. SEC. 3. DELAYING PROVISION OF ACA PREMIUM AND COST-SHARING SUBSIDIES UNTIL ELIGIBILITY VERIFICATION PROCESS FOR SUCH SUBSIDIES IS COMPLETE. (a) In General.--Notwithstanding any other provision of law, in the case of an individual with respect to whom a premium tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost- sharing under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) is being claimed, no such credit or reduction shall be allowed before the first date of the first coverage month beginning on or after the date on which the process to verify, in accordance with section 1411 of the Patient Protection and Affordable Care Act (42 U.S.C. 18081), the household income and coverage requirements of such individual for purposes of determining eligibility for, and the accurate amount of, such credit or reduction, respectively, has been completed. For purposes of the previous sentence, the verification process described in such sentence with respect to an individual shall not be treated as complete unless a manual or electronic review has been completed of applicable information required to be submitted by such individual under section 1411(b) of such Act (42 U.S.C. 18081(b)) and any inconsistency of such information with records of the Secretary of the Treasury, Secretary of Homeland Security, or the Commissioner of Social Security has been resolved. (b) Treatment of Individual Mandate.--Notwithstanding any other provision of law, no penalty shall be imposed under section 5000A of the Internal Revenue Code of 1986 with respect to an individual for any month-- (1) with respect to which a premium tax credit under section 36B of the Internal Revenue Code of 1986 is being claimed for such individual; and (2) that begins before the date on which the verification process described in subsection (a) has been completed, in accordance with such subsection, with respect to such claim for such individual. (c) Application Provisions.-- (1) Effective date.--Subject to paragraph (2), the provisions of this section shall apply to coverage months beginning on or after the date of the enactment of this Act. (2) Treatment of individuals currently receiving subsidies.-- (A) Suspension of certain subsidies.--In the case of an individual with respect to whom a premium tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost-sharing under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) has been claimed before the date of the enactment of this Act and for whom such a credit or reduction has been allowed before such date, such allowance shall be suspended until the coverage month described in subsection (a) with respect to such claim for such individual. (B) Special enrollment period.-- (i) In general.--The Secretary of Health and Human Services shall take such steps as are necessary to establish a special enrollment period of 45 days, beginning on the date of completion of the verification process described in subsection (a), with respect to an individual described in clause (ii), for such individual to enroll in qualified health plans offered through Exchanges established under title I of the Patient Protection and Affordable Care Act. (ii) Individual described.--For purposes of clause (i), an individual described in this clause is an individual-- (I) who is enrolled in a qualified health plan described in clause (i) before the date of the enactment of this Act; (II) to whom the suspension under subparagraph (A) applies; (III) who terminated enrollment in the qualified health plan during such period of suspension; and (IV) who, after the completion of the verification process described in subsection (a) with respect to such individual, seeks to enroll in such a qualified health plan.

No Subsidies Without Verification Act of 2015 This bill disallows the health plan premium assistance tax credit or cost-sharing reduction under the Patient Protection and Affordable Care Act before an individual's eligibility and the accurate amount of the credit or reduction is verified. Verification requires a review of the information provided by an applicant and resolution of any inconsistency between the information and the records of the Departments of the Treasury or Homeland Security or the Social Security Administration. Individuals are exempt from the penalty for not maintaining minimum essential coverage for any month for which a premium tax credit is being claimed and that begins before verification is completed. The premium tax credit and reduced cost-sharing are suspended for an individual for whom a subsidy was allowed before enactment of this Act until the individual's eligibility is verified. A special enrollment period is provided for an individual who terminated enrollment in a qualified plan during the period of suspension.

No Subsidies Without Verification Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Diesel Tax Parity Act of 2008''. SEC. 2. TEMPORARY REDUCTION IN DIESEL FUEL TAXES. (a) Reduction.-- (1) In general.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: ``(f) Temporary Reduction of Taxes on Diesel Fuel.-- ``(1) In general.--During the applicable period-- ``(A) the rate of tax on diesel fuel under subsection (a)(2)(A)(iii) shall be 18.3 cents per gallon, and ``(B) the rate of tax with respect to diesel-water fuel emulsion described in subsection (a)(2)(D) shall be 14.84 cents per gallon. ``(2) Applicable period.--For purposes of this subsection, the term `applicable period' means the period beginning on the date that is 30 days after the date of the enactment of this subsection and ending on December 31, 2008. ``(3) Maintenance of trust fund deposits.--In determining the amounts to be appropriated to the Highway Trust Fund under section 9503 and to the Leaking Underground Storage Tank Trust Fund under 9508, an amount equal to the reduction in revenues to the Treasury by reason of this subsection shall be treated as taxes received in the Treasury under this section or section 4041.''. (2) Effective date.--The amendment made by this subsection shall take effect on the date of the enactment of this Act. (b) Floor Stock Refunds.-- (1) In general.--If-- (A) before the tax reduction date, a tax referred to in section 4081(f)(1) of the Internal Revenue Code of 1986 has been imposed under such Code on any liquid, and (B) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this subsection referred to as the ``taxpayer''), against the taxpayer's subsequent semi-monthly deposit of such tax, an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on the tax reduction date. (2) Time for filing claims; certifications necessary to file claims.-- (A) In general.--No credit or refund shall be allowed or made under this subsection-- (i) unless claim therefor is filed with the Secretary before the date which is 6 months after the tax reduction date, and (ii) in any case where liquid is held by a dealer (other than the taxpayer) on the tax reduction date, unless the taxpayer files with the Secretary-- (I) a certification that the taxpayer has given a credit to such dealer with respect to such liquid against the dealer's first purchase of liquid from the taxpayer subsequent to the tax reduction date, and (II) a certification by such dealer that such dealer has given a credit to a succeeding dealer (if any) with respect to such liquid against the succeeding dealer's first purchase of liquid from such dealer subsequent to the tax reduction date. (B) Reasonableness of claims certified.--Any certification made under subparagraph (A) shall include an additional certification that the claim for credit was reasonably based on the taxpayer's or dealer's past business relationship with the succeeding dealer. (3) Definitions.--For purposes of this subsection-- (A) the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer, and (B) the term ``tax reduction date'' means the date that is 30 days after the date of the enactment of this Act. (4) Certain rules to apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this subsection. (c) Floor Stocks Tax.-- (1) Imposition of tax.--In the case of any liquid on which tax would have been imposed under section 4081 of the Internal Revenue Code of 1986 during the applicable period but for the amendment made by subsection (a), and which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax in an amount equal to the tax which would be imposed on such liquid had the taxable event occurred on the floor stocks tax date. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid on or before the date which is 6 months after the floor stocks tax date. (3) Definitions.--For purposes of this subsection-- (A) Held by a person.--A liquid shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (B) Diesel fuel.--The term ``diesel fuel'' has the meaning given such term by section 4083 of such Code. (C) Floor stocks tax date.--The term ``floor stocks tax date'' means January 1, 2009. (D) Applicable period.--The term ``applicable period'' means the period described in section 4081(f)(2) of such Code. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to diesel fuel held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 of such Code is allowable for such use. (5) Exception for fuel held in vehicle tank.--No tax shall be imposed by paragraph (1) on diesel fuel held in the tank of a motor vehicle. (6) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1) on diesel fuel held on such date by any person if the aggregate amount of diesel fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this subparagraph. (B) Exempt fuel.--For purposes of subparagraph (A), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by paragraph (1) by reason of paragraph (4) or (5). (C) Controlled groups.--For purposes of this paragraph-- (i) Corporations.-- (I) In general.--All persons treated as a controlled group shall be treated as 1 person. (II) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (ii) Nonincorporated persons under common control.--Under regulations prescribed by the Secretary, principles similar to the principles of clause (i) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (7) Other law applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this paragraph, apply with respect to the floor stock taxes imposed by paragraph (1) to the same extent as if such taxes were imposed by such section 4081. (d) Secretary.--For purposes of this section, the term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate.

Diesel Tax Parity Act of 2008 - Amends the Internal Revenue Code to reduce the excise tax on diesel fuel for a specified period ending on December 31, 2008. Provides for reimbusement from the Treasury to the Highway Trust Fund for any reduction in Trust Fund receipts resulting from this reduction in diesel fuel taxes.

To amend the Internal Revenue Code of 1986 to provide for a temporary reduction in the tax imposed on diesel fuel.

SECTION 1. SHORT TITLE. This Act may be cited as the ``SBIR and STTR Enhancement Act''. SEC. 2. INCREASED NUMBER OF RESEARCH TOPIC SOLICITATIONS ANNUALLY AND SHORTENED PERIOD FOR FINAL DECISIONS ON APPLICATIONS. (a) Increased Number of Research Topic Solicitations Annually.-- Section 9(g)(2) of the Small Business Act (15 U.S.C. 638(g)(2)) is amended by inserting before the semicolon at the end the following: ``, but not less often than twice per year''. (b) Shortened Period for Final Decisions on Applications.--Section 9(g)(4) of the Small Business Act (15 U.S.C. 638(g)(4)) is amended by inserting before the semicolon at the end the following: ``, but a final decision on each proposal shall be rendered not later than 90 days after the date on which the solicitation closes unless the Administrator determines, on a case by case basis, that a decision may be extended from 90 days to 180 days''. SEC. 3. AGENCIES SHOULD FUND VITAL R&D PROJECTS WITH THE POTENTIAL FOR COMMERCIALIZATION. Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following: ``(aa) Multiple First Phase SBIR Awards Report.--The Administrator shall, on an annual basis, submit to the Committee on Small Business and the Committee on Science and Technology of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a list identifying each small business concern that, for the period covered by the preceding 5 fiscal years, received 15 or more first phase SBIR awards and no second phase SBIR awards.''. SEC. 4. FEDERAL AGENCY ENGAGEMENT WITH SBIR AWARDEES THAT HAVE BEEN AWARDED MULTIPLE PHASE ONE AWARDS BUT HAVE NOT BEEN AWARDED PHASE TWO AWARDS. Section 9 of the Small Business Act (15 U.S.C. 638), as amended, is further amended by adding at the end the following: ``(bb) Requirements Relating to Federal Agency Engagement With Certain First Phase SBIR Awardees.--Each Federal agency required by this section to conduct an SBIR program shall engage with SBIR awardees that have been awarded multiple first phase SBIR awards but have not been awarded any second phase SBIR awards and shall develop performance measures with respect to awardee progression in the SBIR program.''. SEC. 5. FUNDING FOR ADMINISTRATIVE, OVERSIGHT, AND CONTRACT PROCESSING COSTS. Section 9 of the Small Business Act (15 U.S.C. 638), as amended, is further amended by adding at the end the following: ``(cc) Assistance for Administrative, Oversight, and Contract Processing Costs.-- ``(1) In general.--From amounts made available to carry out this subsection, the Administrator may, on petition by Federal agencies required by this section to conduct an SBIR program, transfer funds to such agencies to assist with the administrative, oversight, and contract processing costs relating to such program. ``(2) Petitions.--The Administrator shall establish rules for making transfers under paragraph (1). The initial set of rules shall be promulgated not later than 180 days after the date of the enactment of this subsection. ``(3) Limit on transfer.--A Federal agency may not receive under this subsection in a fiscal year an amount greater than 3 percent of the SBIR budget of such agency for such fiscal year. ``(4) Authorization of appropriations.--There is authorized to be appropriated to the Administrator to carry out this subsection $27,500,000 for each of fiscal years 2010 and 2011.''. SEC. 6. COMPTROLLER GENERAL AUDIT OF HOW FEDERAL AGENCIES CALCULATE EXTRAMURAL RESEARCH BUDGETS. The Comptroller General of the United States shall carry out a detailed audit of how Federal agencies calculate extramural research budgets for purposes of calculating the size of the agencies' Small Business Innovation Research Program and Small Business Technology Transfer Program budgets. Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Small Business and the Committee on Science and Technology of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report on the results of the audit. SEC. 7. AGENCY DATABASES TO SUPPORT PROGRAM EVALUATION. Section 9(k) of the Small Business Act (15 U.S.C. 638(k)) is amended-- (1) in paragraph (2)(A)-- (A) by striking ``and'' at the end of clause (ii); (B) by inserting ``and'' at the end of clause (iii); and (C) by adding at the end the following new clause: ``(iv) information on the ownership structure of award recipients, both at the time of receipt of the award and upon completion of the award period;''; (2) by amending paragraph (3) to read as follows: ``(3) Updating information for database.-- ``(A) In general.--A Federal agency shall not make a Phase I or Phase II payment to a small business concern under this section unless the small business concern has provided all information required under this subsection and available at the time with respect to the award under which the payment is made, and with respect to any other award under this section previously received by the small business concern or a predecessor in interest to the small business concern. ``(B) Apportionment.--In complying with this paragraph, a small business concern may apportion sales or additional investment information relating to more than one second phase award among those awards, if it notes the apportionment for each award. ``(C) Annual updates upon termination.--A small business concern receiving an award under this section shall-- ``(i) in the case of a second phase award, update information in the databases required under paragraphs (2) and (6) concerning that award at the termination of the award period; ``(ii) in the case of award recipients not described in clause (iii), be requested to voluntarily update such information annually thereafter for a period of 5 years; and ``(iii) in the case of a small business concern applying for a subsequent first phase or second phase award, be required to update such information annually thereafter for a period of 5 years.''; and (3) by adding at the end the following new paragraph: ``(6) Agency program evaluation databases.--Each Federal agency required to establish an SBIR or STTR program under this section shall develop and maintain, for the purpose of evaluating such programs, a database containing information required to be contained in the database under paragraph (2). Each such database shall be designed to be accessible to other agencies that are required to maintain a database under this paragraph. Each such database shall be developed and operated in a manner to ensure that each such database is relevant to and contributes to the agency's oversight and evaluation of the SBIR and STTR programs. Paragraphs (4) and (5) apply to each database under this paragraph.''. SEC. 8. AGENCY DATABASES TO SUPPORT TECHNOLOGY UTILIZATION. Section 9(k) of the Small Business Act (15 U.S.C. 638(k)), as amended, is further amended by adding at the end the following new paragraph: ``(7) Agency databases to support technology utilization.-- Each Federal agency with an SBIR or STTR program shall create and maintain a technology utilization database, which shall be available to the public and shall contain data supplied by the award recipients specifically to help them attract customers for the products and services generated under the SBIR or STTR project, and to attract additional investors and business partners. Each database created under this paragraph shall include information on the other databases created under this paragraph by other Federal agencies. Participation in a database under this paragraph shall be voluntary, except that such participation is required of all award recipients who received supplemental payments from SBIR and STTR program funds above their initial Phase II award. Each database created under this paragraph shall be developed and operated in a manner to ensure that each such database is relevant to and contributes to the agency's oversight and evaluation of the SBIR and STTR programs.''. SEC. 9. INTERAGENCY POLICY COMMITTEE. (a) Establishment.--The Director of the Office of Science and Technology Policy shall establish an Interagency SBIR/STTR Policy Committee comprised of one representative from each Federal agency with an SBIR program. (b) Cochairs.--The Director of the Office of Science and Technology Policy and the Director of the National Institute of Standards and Technology shall jointly chair the Interagency SBIR/STTR Policy Committee. (c) Duties.--The Interagency SBIR/STTR Policy Committee shall review the following issues and make policy recommendations on ways to improve program effectiveness and efficiency: (1) The public and government databases described in section 9(k) (1) and (2) of the Small Business Act (15 U.S.C. 638(k) (1) and (2)). (2) Federal agency flexibility in establishing Phase I and II award sizes, and appropriate criteria to exercise such flexibility. (3) Commercialization assistance best practices in Federal agencies with significant potential to be employed by other agencies, and the appropriate steps to achieve that leverage, as well as proposals for new initiatives to address funding gaps business concerns face after Phase II but before commercialization. (d) Reports.--The Interagency SBIR/STTR Policy Committee shall transmit to the Committee on Science and Technology and the Committee on Small Business of the House of Representatives, and to the Committee on Small Business and Entrepreneurship of the Senate-- (1) a report on its review and recommendations under subsection (c)(1) not later than 1 year after the date of enactment of this Act; (2) a report on its review and recommendations under subsection (c)(2) not later than 18 months after the date of enactment of this Act; and (3) a report on its review and recommendations under subsection (c)(3) not later than 2 years after the date of enactment of this Act. SEC. 10. NATIONAL RESEARCH COUNCIL SBIR STUDY. Section 108(d) of the Small Business Reauthorization Act of 2000, enacted into law by reference under section 1(a)(9) of the Consolidated Appropriations Act, 2001 (Public Law 106-554), is amended-- (1) by striking ``of the Senate'' and all that follows through ``not later than 3'' and inserting ``of the Senate, not later than 3''; and (2) by striking ``; and'' and all that follows through ``update of such report''. SEC. 11. EXPRESS AUTHORITY TO ``FAST-TRACK'' PHASE TWO AWARDS FOR PROMISING PHASE ONE RESEARCH. Section 9 of the Small Business Act (15 U.S.C. 638), as amended, is further amended by adding at the end the following: ``(dd) Authority to `Fast-Track' Phase Two Awards for Promising Phase One Research.--To address the delay between an award for the first phase of an SBIR program and the application for and extension of an award for the second phase of such program, each Federal agency with an SBIR program may develop `fast-track' programs to eliminate such delay by issuing second phase SBIR awards as soon as practicable, including in appropriate cases simultaneously with the issuance of the first phase SBIR award. The Administrator shall encourage the development of such `fast-track' programs.''. SEC. 12. INCREASED SBIR AND STTR AWARD LEVELS. (a) SBIR Award Level and Annual Adjustments.--Section 9(j) of the Small Business Act (15 U.S.C. 638(j)) is amended by adding at the end the following: ``(4) Further Additional Modifications.--Not later than 180 days after the date of enactment of this paragraph and notwithstanding paragraph (2)(D), the Administrator shall modify the policy directives issued pursuant to this subsection to provide for an increase to $250,000 in the amount of funds which an agency may award in the first phase of an SBIR program, and to $2,000,000 in the second phase of an SBIR program, and a mandatory annual adjustment of such amounts to reflect economic adjustments and programmatic considerations.''. (b) STTR Award Level and Annual Adjustments.--Section 9(p)(2)(B)(ix) of the Small Business Act (15 U.S.C. 638(p)(2)(B)(ix)) is amended-- (1) by striking ``$100,000'' and ``$750,000'' and inserting ``$250,000'' and ``$2,000,000'', respectively; and (2) by striking ``greater or lesser amounts'' and inserting ``with a mandatory annual adjustment of such amounts to reflect economic adjustments and programmatic considerations, and with lesser amounts''. (c) Limitation on Certain Awards.--Section 9 of the Small Business Act (15 U.S.C. 638), as amended, is further amended by adding at the end the following: ``(ee) Limitation on Phase I and II Awards.-- ``(1) In general.--No Federal agency shall issue an award under the SBIR program or the STTR program if the size of the award exceeds the amounts established under subsections (j)(4) and (p)(2)(B)(ix), except as provided in paragraph (2). ``(2) Exception.--The prohibition in paragraph (1) does not apply to an agency for a fiscal year if the head of the agency-- ``(A) notifies the Administrator that the agency intends to issue awards in that fiscal year without regard to the prohibition in paragraph (1); and ``(B) reports to the Committee on Small Business and the Committee on Science and Technology of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate at least annually the number of instances in which the agency issued an award that exceeds the amounts referred to in paragraph (1) and the justification for each such instance.''. SEC. 13. EXPRESS AUTHORITY FOR AN AGENCY TO AWARD SEQUENTIAL PHASE TWO AWARDS FOR SBIR-FUNDED PROJECTS. Section 9 of the Small Business Act (15 U.S.C. 638), as amended, is further amended by adding at the end the following: ``(ff) Requirements Relating to Additional Second Phase SBIR Awards.-- ``(1) In general.--A small business concern that receives a second phase SBIR award for a project remains eligible to receive additional second phase SBIR awards for such project. ``(2) Technical or weapons systems.--Agencies are expressly authorized to provide additional second phase SBIR awards for testing and evaluation assistance for the insertion of SBIR technologies into technical or weapons systems.''. SEC. 14. FIRST PHASE REQUIRED. Section 9 of the Small Business Act (15 U.S.C. 638), as amended, is further amended by adding at the end the following: ``(gg) First Phase Required.--Under this section, a Federal agency shall provide to a small business concern an award for the second phase of an SBIR program with respect to a project only if such agency finds that the small business concern has been provided an award for the first phase of an SBIR program with respect to such project or has completed the determinations described in subsection (e)(4)(A) with respect to such project despite not having been provided an award for the first phase.''.

SBIR and STTR Enhancement Act - Amends the Small Business Act to direct each federal agency that is required to establish a small business innovation research (SBIR) program to: (1) issue research topic solicitations at least twice a year; and (2) make a final decision on topic proposals within 90 days, unless the Administrator of the Small Business Administration (SBA) determines that a decision may be extended to 180 days. Requires the Administrator to submit to the congressional small business committees a list of small businesses that, for the preceding five-year period, received 15 or more first phase SBIR awards but no second phase awards. Requires each federal agency conducting an SBIR program to engage with such awardees and develop performance measures for awardee progression in the SBIR program. Provides funding for SBIR administrative, oversight, and contract processing costs. Requires a Comptroller General audit on how federal agencies calculate SBIR and STTR (Small Business Technology Transfer) extramural research budgets. Directs each federal agency conducting an SBIR or STTR program to establish and maintain program evaluation and technology utilization databases. Establishes an Interagency SBIR/STTR Policy Committee. Authorizes each federal agency with an SBIR program to "fast track" phase two awards. Increases SBIR and STTR award levels. Provides express authority for agencies to award sequential phase two awards for SBIR-funded projects. Allows a federal agency to provide a second phase award to a small business only if the business has been provided an award for the first phase or has completed first phase requirements despite not having been provided a first phase award.

To amend the Small Business Act to enhance the Small Business Innovation Research Program and the Small Business Technology Transfer Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recovery and Stability of Iraq Act of 2008''. SEC. 2. FINDINGS AND STATEMENT OF POLICY. (a) Findings.--Congress finds the following: (1) The crisis of displaced Iraqis represents a profound threat to the regional stability of the Middle East and confronting the humanitarian crisis in Iraq is a national security interest, as well as a profound moral responsibility. (2) Congress recognizes that violence in Iraq has contributed to an enormous and urgent humanitarian crisis. (3) At the end of 2007, the total number of displaced Iraqis is estimated to be approximately 4,500,000 people: 2,400,000 internally displaced and with nearly as many Iraqi refugees having fled the country. (4) In 2006 the Iraq Study Group Report recommended that ``If the [refugee and internally displaced persons] situation is not addressed, Iraq and the region could be further destabilized, and the humanitarian suffering could be severe'', and that ``The United States should take the lead in funding assistance requests from the United Nations High Commissioner for Refugees, and other humanitarian agencies.''. (b) Statement of Policy.--It is the policy of the United States Government, as a party to the 1967 Protocol to the 1951 United Nations Convention Relating to the Status of Refugees, to support the rights of displaced persons and scrupulously observe the principle of non- refoulement, irrespective of whether or not such persons have been formally recognized as refugees. SEC. 3. ESTABLISHMENT OF IRAQI DISPLACEMENT COORDINATOR. (a) Establishment.-- (1) In general.--There is established within the Executive Office of the President a position to be known as the ``Iraqi Displacement Coordinator'' (in this Act referred to as the ``Coordinator''), who shall report directly to the President on the state of the Iraqi displacement situation. Not later than 30 days after the date of the enactment of this Act, the President shall appoint an individual to serve as the Coordinator. (2) Identification and coordination.--The Coordinator shall identify programs that address the humanitarian needs and requirements of displaced Iraqis, and shall review, provide advice, support, and coordinate with the heads of relevant departments and agencies of the United States Government, the Government of Iraq, countries hosting displaced Iraqis in the region, the United Nations, and other involved nongovernmental organizations (NGO's) and international organizations (IO's). (3) Duties.--The Coordinator shall be responsible for-- (A) leading the United States Government effort to respond to the crisis confronting displaced Iraqis, including refugees and internally displaced persons; (B) ensuring to the greatest extent possible that the rights and legal protections of displaced Iraqis are respected and enforced by host countries; (C) discouraging violations in the spirit of the 1967 Protocol to the 1951 Convention Relating to the Status of Refugees by any country hosting displaced Iraqis, including a country that is not a party to the Protocol or Convention; (D) pursuing coordination and support for host countries of displaced Iraqis, recognizing that humanitarian action is non-political by nature; (E) ensuring proper management, implementation, transparency, and oversight by agencies of the United States Government responsible for assistance projects for displaced Iraqis; (F) resolving policy and program disputes among departments and agencies of the United States Government with respect to assistance projects for displaced Iraqis; (G) reporting directly to the President with respect to assistance for displaced Iraqis; and (H) encourage to the greatest extent possible the Government of Iraq to authorize and fully support a cabinet-level ministry position to support displaced Iraqis. (4) Long-term planning for displaced iraqis.-- (A) Comprehensive strategy.--The Coordinator shall design, in consultation with concerned governments in the region, a comprehensive strategy to address the needs of displaced Iraqis. The strategy should recognize the need for immediate support for the most vulnerable displaced Iraqis, as well as promote durable, long-term solutions to the displacement crisis. The strategy should recognize the unique needs in each of Iraq's 18 provinces, and the needs of countries hosting Iraqi refugees. (B) Planning for the return of displaced iraqis.-- The Coordinator shall encourage the Government of Iraq, with the coordination of the United States Government, the United Nations, appropriate foreign governments, and other interested parties to develop a long-term plan for the voluntary, dignified, and safe return of displaced Iraqis to their homes. The plan should address issues of return, repatriation, and reintegration of displaced Iraqis, including providing for proper procedures for settling property disputes. Long-term planning for returns shall not interfere with humanitarian assistance efforts for displaced Iraqis. (b) Reporting.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act and every 120 days thereafter, the Coordinator shall submit to the President and Congress a report on United States status of assistance efforts for displaced Iraqis. (2) Contents.--The report required under this subsection shall include the following information: (A) A description of the strategy required under subsection (a)(4). (B) An assessment of the progress of the strategy required under subsection (a)(4), and any steps taken toward implementation of the strategy. (C) The distribution of duties and responsibilities regarding assistance projects for displaced Iraqis among the agencies of the United States Government. (D) An assessment of assistance efforts for displaced Iraqis implemented by all relevant actors, including the United States Government, the Iraqi Government, foreign governments, the United Nations, international organizations, and nongovernmental organizations. (E) An evaluation of the Government of Iraq's ability to implement assistance for displaced Iraqis in an effective and equitable manner. (F) An overall evaluation of the humanitarian conditions confronting Iraq and displaced Iraqis, and the various regional impacts of their presence. (G) An assessment of the budgetary needs of the agencies United States Government in meeting the goals of the comprehensive strategy. (H) Recommendations for preventing future displacement in Iraq. (c) Authorization of Funds.--There are authorized to be appropriated such funds as may be necessary for fiscal years 2009, 2010, 2011, 2012, and 2013 for the establishment and operating costs of the Iraqi Displacement Coordinator within the Department of State. SEC. 4. DEFINITIONS. In this Act-- (1) Displaced iraqis.--The term ``displaced Iraqis'' means Iraqis who have become refugees or internally displaced persons. (2) Internally displaced person.--The term ``internally displaced person'' means a person who has been forced or obliged to flee or to leave such person's home or place of last habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights, or natural or human-made disasters, and who have not crossed an internationally- recognized state border. (3) Non-refoulement.--The term ``non-refoulement'' has the meaning given such term in the 1951 United Nations Convention Relating to the Status of Refugees. (4) Refugee.--The term ``refugee'' means a person who is outside the country of such person's nationality or, in the case of a person having no nationality, is outside the country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

Recovery and Stability of Iraq Act of 2008 - Establishes within the Executive Office of the President the position of Iraqi Displacement Coordinator who shall identify programs that address the humanitarian needs of displaced Iraqis and who shall advise and coordinate with the heads of appropriate U.S. departments and agencies, the government of Iraq, countries hosting displaced Iraqis in the region, the United Nations, and other involved nongovernmental and international organizations. Directs the Coordinator to: (1) design a comprehensive strategy to address the needs of displaced Iraqis; and (2) encourage the government of Iraq to develop a long-term plan for the voluntary and safe return of displaced Iraqis to their homes.

To provide for the recovery and stability of Iraq, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Park Service Study Act of 2013''. SEC. 2. SPECIAL RESOURCE STUDIES. (a) Study.--The Secretary of the Interior shall conduct special resource studies of-- (1) the Kau coast, on the island of Hawaii; (2) the prehistoric, historic, and limestone forest sites on the island of Rota in the Commonwealth of the Northern Mariana Islands; (3) sites in the State of Alaska associated with the forced abandonment of the Aleut villages of Makushin, Kashega, and Biorka around Unalaska Island, and Attu on Attu Island during World War II, and the 5 relocation sites at Funter Bay, Burnett Inlet, Killisnoo, Ward Lake, and the Wrangell Institute; (4) World War II Japanese American Relocation Center sites including Gila River and Poston sites, State of Arizona; Granada, State of Colorado; Heart Mountain, State of Wyoming; Jerome and Rohwer sites, State of Arkansas; and Topaz, State of Utah; (5) Mahaulepu, on the island of Kauai, State of Hawaii; (6) the town of Goldfield and outlying mining sites in the State of Nevada; (7) the Hudson River Valley in the State of New York; (8) the Norman Studios, within Jacksonville, Florida, where African-American casts and crews were used in the production of silent films; (9) the Mobile-Tensaw River Delta in the State of Alabama; (10) the Galveston Bay in the State of Texas; (11) the Pullman site, State of Illinois; (12) the northern coast of Maui, Hawaii; and (13) historic sites on Midway Atoll. (b) Contents.--In conducting the studies required under subsection (a) of the sites identified under such subsection, the Secretary shall-- (1) evaluate the national significance of the sites and the areas surrounding such sites; (2) determine the suitability and feasibility of designating one or more sites as units of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the sites by Federal, State, or local governmental entities or private and nonprofit organizations; (4) consult with interested Federal, State, or local governmental entities, private and nonprofit organizations, or any other interested individuals; and (5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives. (c) Applicable Law.--The studies required under subsection (a) shall be conducted in accordance with section 8 of the National Park System General Authorities Act (16 U.S.C. 1a-5). SEC. 3. SPECIAL RESOURCE STUDY UPDATES. (a) Studies.--The Secretary of the Interior shall update the study, ``World War II Sites, Republic of Palau (upon the request of the Government of the Republic of Palau)'' as authorized by section 326(b)(3)(N) of the Department of the Interior and Related Agencies Appropriations Act, 2000, and the 1979 study ``Vermejo Ranch, New Mexico/Colorado: Study of Management Options''. (b) Contents.--In updating the studies under subsection (a), the Secretary shall-- (1) determine whether conditions have changed to warrant that the site be designated as a unit of the National Park System; (2) consider other alternatives for the preservation, protection, and interpretation of the site by Federal, State, or local governmental entities or private and nonprofit organizations; (3) consult with other interested Federal, State, or local governmental entities, private and nonprofit organizations, or any other interested individuals; and (4) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives considered under paragraph (2). SEC. 4. BUFFALO SOLDIERS IN THE NATIONAL PARKS STUDY. (a) Study.--The Secretary of the Interior shall conduct a study of alternatives for commemorating and interpreting the role of the Buffalo Soldiers in the early years of the national parks. (b) Contents.--In conducting the study under subsection (a), the Secretary shall-- (1) complete a historical assessment of the Buffalo Soldiers who served in national parks in the years that preceded the establishment of the National Park Service; (2) evaluate the suitability and feasibility of establishing a national historic trail commemorating the route traveled by the Buffalo Soldiers from their post in the Presidio of San Francisco to Sequoia and Yosemite National Parks and to any other national parks where they may have served; (3) identify properties that could meet criteria for listing in the National Register of Historic Places or criteria for designation as national historic landmarks; and (4) evaluate appropriate ways to enhance the historical research, education, interpretation, and public awareness of the story of the Buffalo Soldiers' stewardship role in the national parks, including ways to link the story to both the development of the national parks and the story of African- American military service following the Civil War. SEC. 5. RECONSTRUCTION IN THE SOUTH STUDY. (a) Study.--The Secretary of the Interior shall conduct a national historic landmark study to identify sites and resources in the Southern United States that are significant to the Reconstruction era. (b) Contents.--The study conducted under subsection (a) shall include recommendations for commemorating and interpreting sites and resources identified by the study, including-- (1) sites for which new national historic landmarks should be nominated; and (2) sites for which further study for potential inclusion in the National Park System is needed. SEC. 6. CHATTAHOOCHEE RIVER BOUNDARY EXPANSION STUDY. (a) Study.--The Secretary of the Interior shall conduct a study to determine the suitability and feasibility of including in the boundary of the Chattahoochee River National Recreation Area approximately 45 miles of the Chattahoochee River and lands along the river corridor from the southern boundary of the Recreation Area south to the junction of Coweta, Heard, and Carroll Counties. (b) Contents.--The study conducted under subsection (a) shall include an analysis of-- (1) significant resources or opportunities for public enjoyment within the study area related to purposes of the Chattahoochee River National Recreation Area; (2) operational and management issues that need to be considered if the study area is included within the Recreation Area; (3) protection of resources within the study area critical to fulfilling the Recreation Area's purposes; (4) the feasibility of administering the study area as part of the Recreation Area considering the study area's size, configuration, ownership, costs, and other factors; and (5) the adequacy of other alternatives for management and protection of resources within the study area. SEC. 7. REPORT. Not later than 3 years after the date on which funds are first made available to conduct each study under this Act, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing-- (1) the results of each such study; and (2) any conclusions and recommendations of the Secretary based on such results.

National Park Service Study Act of 2013 - Directs the Secretary of the Interior to conduct special resource studies of: (1) the Kau coast, on the island of Hawaii; (2) the prehistoric, historic, and limestone forest sites on the island of Rota in the Commonwealth of the Northern Mariana Islands; (3) sites in Alaska associated with the forced abandonment of the Aleut villages of Makushin, Kashega, and Biorka around Unalaska Island and Attu on Attu Island during World War II; (4) the five relocation sites in Alaska at Funter Bay, Burnett Inlet, Killisnoo, Ward Lake and the Wrangell Institute; (5) specified World War II Japanese American Relocation Center sites; (6) Mahaulepu, on the island of Kauai in Hawaii; (7) the town of Goldfield and outlying mining sites in Nevada; (8) the Hudson River Valley in New York; (9) the Norman Studios in Jacksonville, Florida, where African-American casts and crews were used in the production of silent films; (10) the Mobile-Tensaw River Delta in Alabama; (11) Galveston Bay in Texas; (12) the Pullman site in Illinois; (13) the northern coast of Maui in Hawaii; and (14) historic sites on the Midway Atoll. Requires updates of: (1) the study authorized by the National Park Service Studies Act of 1999 relating to World War II sites, Republic of Palau; and (2) the 1979 study entitled "Vermejo Ranch, New Mexico/Colorado: Study of Management Options." Directs the Secretary to: (1) study alternatives for commemorating and interpreting the role of the Buffalo Soldiers in the early years of the National Parks, (2) conduct a national historic landmark theme study to identify sites and resources in the southern United States that are significant to the Reconstruction era, and (3) study the feasibility of including 45 miles of the Chattahoochee River and land along the river corridor within the boundary of the Chattahoochee River National Recreation Area located in Georgia.

National Park Service Study Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Indian Education Foundation Act of 1999''. SEC. 2. AMERICAN INDIAN EDUCATION FOUNDATION. (a) In General.--Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 215 the following: ``CHAPTER 216. AMERICAN INDIAN EDUCATION FOUNDATION ``Sec. ``21601. Organization. ``21602. Purposes. ``21603. Governing body. ``21604. Powers. ``21605. Principal office. ``21606. Service of process. ``21607. Liability of officers and agents. ``21608. Restrictions. ``21609. Transfer of donated funds. ``Sec. 21601. Organization ``(a) Federal Charter.--The American Indian Education Foundation (herein in this chapter referred to as the `foundation') is a federally chartered corporation. ``(b) Perpetual Existence.--Except as otherwise provided, the foundation has perpetual existence. ``(c) Nature of Corporation.--The foundation is a charitable and nonprofit corporation and is not an agency or instrumentality of the United States. ``(d) Place of Incorporation and Domicile.--The foundation is declared to be incorporated and domiciled in the District of Columbia. ``(e) Definitions.--In this chapter-- ``(1) the term `American Indian' has the meaning given the term `Indian' in section 4(d) of the Indian Self-Determination and Assistance Act (25 U.S.C. 450b(d)); and ``(2) the term `Bureau funded school' has the meaning given that term in section 1146 of the Education Amendments of 1978 (25 U.S.C. 2026). ``Sec. 21602. Purposes ``The purposes of the foundation are-- ``(1) to encourage, accept, and administer private gifts of real and personal property or any income therefrom or other interest therein for the benefit of, or in support of, the mission of the Office of Indian Education Programs of the Bureau of Indian Affairs (or its successor office); ``(2) to undertake and conduct such other activities as will further the educational opportunities of American Indians who attend a Bureau funded school; and ``(3) to participate with, and otherwise assist, Federal, State, and tribal governments, agencies, entities, and individuals in undertaking and conducting activities that will further the educational opportunities of American Indians attending Bureau funded schools. ``Sec. 21603. Governing body ``(a) Board of Directors.-- ``(1) The board of directors (hereinafter in this chapter referred to as the `board') is the governing body of the foundation. The board may exercise, or provide for the exercise of, the powers of the foundation. ``(2) The number of members of the board, the manner of their selection (including the filling of vacancies), and their terms of office are as provided in the constitution and bylaws of the foundation. However, the board shall have at least 11 members, 2 of whom shall be the Secretary of the Interior and the Assistant Secretary of the Interior for Indian Affairs, who shall serve as ex officio nonvoting members, and the initial members of the board shall be appointed by the Secretary of the Interior pursuant to section 3(a) of the American Indian Education Foundation Act of 1999. ``(3) The members of the board shall be United States citizens who are knowledgeable or experienced in American Indian education and shall, to the extent practicable, represent diverse points of view relating to the education of American Indians. ``(b) Officers.-- ``(1) The officers of the foundation are a secretary, elected from among the members of the board, and any other officers provided for in the constitution and bylaws of the foundation. ``(2) The secretary shall serve, at the direction of the board, as its chief operating officer and shall be knowledgeable and experienced in matters relating to education in general and education of American Indians in particular. ``(3) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws of the foundation. ``(c) Compensation.--Members of the board shall not receive compensation for their services as members, but shall be reimbursed for actual and necessary travel and subsistence expenses incurred by them in the performance of the duties of the foundation. ``Sec. 21604. Powers ``The foundation-- ``(1) shall adopt a constitution and bylaws for the management of its property and the regulation of its affairs, which may be amended; ``(2) may adopt and alter a corporate seal; ``(3) may make contracts, subject to the limitations of this chapter; ``(4) may acquire (through a gift or otherwise), own, lease, encumber, and transfer real or personal property as necessary or convenient to carry out the purposes of the foundation; ``(5) may sue and be sued; and ``(6) may perform any other act necessary and proper to carry out the purposes of the foundation. ``Sec. 21605. Principal office ``The principal office of the foundation shall be in the District of Columbia. However, the activities of the foundation may be conducted, and offices may be maintained, throughout the United States in accordance with the constitution and bylaws of the foundation. ``Sec. 21606. Service of process ``The foundation shall comply with the law on service of process of each State in which it is incorporated and of each State in which the foundation carries on activities. ``Sec. 21607. Liability of officers and agents ``The foundation is liable for the acts of its officers and agents acting within the scope of their authority. Members of the board are personally liable only for gross negligence in the performance of their duties. ``Sec. 21608. Restrictions ``(a) Limitation on Spending.--Beginning with the fiscal year following the first full fiscal year during which the foundation is in operation, the administrative costs of the foundation may not exceed 10 percent of the sum of-- ``(1) the amounts transferred to the foundation under section 21609 during the preceding fiscal year; and ``(2) donations received from private sources during the preceding fiscal year. ``(b) Appointment and Hiring.--The appointment of officers and employees of the foundation shall be subject to the availability of funds. ``(c) Status.--The members of the board, and the officers, employees, and agents of the foundation are not, by reason of their association with the foundation, officers, employees, or agents of the United States. ``Sec. 21609. Transfer of donated funds ``The Secretary of the Interior may transfer to the foundation funds held by the Department of the Interior under the Act of February 14, 1931 (Chap. 171; 46 Stat. 1106) (25 U.S.C. 451), if the transfer or use of such funds is not prohibited by any term under which the funds were donated.''. (b) Clerical Amendment.--The table of chapters for part B of subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 215 the following new item: ``216. American Indian Education Foundation................. 21601''. SEC. 3. INITIAL PERIOD AFTER ESTABLISHMENT. (a) Board of Directors.-- (1) Initial board.--Notwithstanding the first sentence of section 21603(a)(2) of title 36, United States Code, not later than 6 months after the date of enactment of this Act, the Secretary of the Interior shall appoint the initial voting members of the board of directors under section 21603 of title 36, United States Code (hereinafter in this section referred to as the ``board''). The initial members of the board shall have staggered terms (as determined by the Secretary of the Interior). (2) Successive boards.--The composition of all successive boards after the initial board shall be in conformity with the constitution and bylaws of the American Indian Education Foundation organized under chapter 216 of title 36, United States Code (hereinafter in this section referred to as the ``foundation''). (b) Administrative Services and Support.-- (1) Provision of support by secretary.--Subject to paragraph (2), during the 5-year period beginning on the date of enactment of this Act, the Secretary of the Interior-- (A) may provide personnel, facilities, and other administrative support services to the foundation; (B) may provide funds to reimburse the travel expenses of the members of the board under section 21603(c)(2) of title 36, United States Code; and (C) shall require and accept reimbursements from the foundation for any-- (i) services provided under subparagraph (A); and (ii) funds provided under subparagraph (B). (2) Reimbursement.--Reimbursements accepted under paragraph (1)(C) shall be deposited in the Treasury to the credit of the appropriations then current and chargeable for the cost of providing services described in paragraph (1)(A) and the travel expenses described in paragraph (1)(B). (3) Continuation of certain services.--Notwithstanding any other provision of this section, the Secretary of the Interior may continue to provide facilities and necessary support services to the foundation after the termination of the 5-year period specified in paragraph (1), on a space available, reimbursable cost basis.

American Indian Education Foundation Act of 1999 - Establishes and grants a Federal charter to the American Indian Education Foundation.

American Indian Education Foundation Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Putting Patients and Providers Ahead of Compressed Regulatory Timelines Act of 2015''. SEC. 2. SUNSETTING CERTAIN PENALTIES RELATING TO MEANINGFUL EHR USE. (a) Eligible Professionals.-- (1) In general.--Section 1848(a)(7) of the Social Security Act (42 U.S.C. 1395w-4(a)(7)) is amended by striking subparagraph (A). (2) Effective date; rebate.-- (A) Effective date.--The amendment made by paragraph (1) shall apply with respect to items and services furnished on or after January 1, 2015. (B) Rebate.--With respect to items and services furnished during the period beginning on January 1, 2015, and ending on the date of the enactment of this Act, the Secretary of Health and Human Services shall implement a method to provide eligible professionals (as defined in section 1848(o)(5)(C) of the Social Security Act (42 U.S.C. 1395w-4(o)(5)(C))) a reimbursement equal to the amount by which-- (i) the amount of reimbursement made under section 1848 of such Act (42 U.S.C. 1395w-4), before application of this subsection, for such items and services furnished during such period by such professionals; is less than (ii) the amount of reimbursement that would have been made under such section, after application of this subsection, for such items and services furnished by such professionals during such period. (b) Eligible Hospitals.-- (1) In general.--Section 1886(b)(3)(B) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)) is amended by striking clause (ix). (2) Effective date; rebate.-- (A) Effective date.--The amendment made by paragraph (1) shall apply with respect to items and services furnished on or after October 1, 2014. (B) Rebate.--With respect to items and services furnished during the period beginning on October 1, 2014, and ending on the date of the enactment of this Act, the Secretary of Health and Human Services shall implement a method to provide eligible hospitals (as defined in section 1886(n)(6)(A) of the Social Security Act (42 U.S.C. 1395ww(n)(6)(A))) a reimbursement equal to the amount by which-- (i) the amount of reimbursement made under section 1886 of such Act (42 U.S.C. 1395ww), before application of this subsection, for such items and services furnished during such period by such hospitals; is less than (ii) the amount of reimbursement that would have been made under such section, after application of this subsection, for such items and services furnished by such hospitals during such period. (c) Critical Access Hospitals.-- (1) In general.--Section 1814(l) of the Social Security Act (42 U.S.C. 1395f(l)) is amended by striking paragraph (4). (2) Effective date; rebate.-- (A) Effective date.--The amendment made by paragraph (1) shall apply with respect to items and services furnished during a reporting period beginning on or after October 1, 2014. (B) Rebate.--With respect to items and services furnished during the period beginning on the first day on which paragraph (1) applies, and ending on the date of the enactment of this Act, the Secretary of Health and Human Services shall implement a method to provide critical access hospitals a reimbursement equal to the amount by which-- (i) the amount of reimbursement made under section 1814 of the Social Security Act (42 U.S.C. 1395f), before application of this subsection, for such items and services furnished during such period by such hospitals; is less than (ii) the amount of reimbursement that would have been made under such section, after application of this subsection, for such items and services furnished by such hospitals during such period. (d) Medicare Advantage.-- (1) In general.--Section 1853 of the Social Security Act (42 U.S.C. 1395w-23) is amended-- (A) in subsection (l)-- (i) in paragraph (1)-- (I) by striking ``paragraphs (3) and (4)'' and inserting ``paragraph (3)''; (II) by striking ``sections 1848(o) and 1848(a)(7)'' and inserting ``section 1848(o)''; and (III) by striking ``and payment adjustments under paragraph (4) shall apply to''; and (ii) by striking paragraph (4); and (B) in subsection (m)-- (i) in paragraph (1)-- (I) by striking ``paragraphs (3) and (4)'' and inserting ``paragraph (3)''; (II) by striking ``sections 1886(n) and 1886(b)(3)(B)(ix)'' and inserting ``section 1886(n)''; and (III) by striking ``and payment adjustments under paragraph (4) shall apply to''; and (ii) by striking paragraph (4). (2) Effective date; rebate.-- (A) Effective date.--The amendments made by paragraph (1) shall apply with respect to items and services furnished during an applicable period beginning on or after October 1, 2014. (B) Rebate.--With respect to items and services furnished during the period beginning on the first day on which paragraph (1) applies, and ending on the date of the enactment of this Act, the Secretary of Health and Human Services shall implement a method to provide MA organizations a reimbursement equal to the amount by which-- (i) the payment amount payable under section 1853 of the Social Security Act (42 U.S.C. 1395w-23) for such organization, before application of this subsection, for such items and services furnished during such period; is less than (ii) the payment amount that would have been payable under such section for such organization, after application of this subsection, for such items and services furnished during such period.

Putting Patients and Providers Ahead of Compressed Regulatory Timelines Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to eliminate provider penalties for failure to comply with electronic health records (EHR) use requirements. Under current law, certain hospitals, Medicare Advantage organizations, and professionals participating in Medicare are subject to negative payment adjustments if they fail to comply with established requirements for EHR use. The bill eliminates these penalties and requires the Centers for Medicare & Medicaid Services to reimburse such providers for payments that they would have received within a specified timeframe had such penalties not been applied.

Putting Patients and Providers Ahead of Compressed Regulatory Timelines Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancer-Free Label Act of 2012''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Approximately 1.5 million Americans, including children, are diagnosed with cancer annually. (2) Over 500,000 Americans die from cancer every year. (3) Less than 5 percent of all cancers are caused by genetic factors. (4) Cancer is the top cause of disease-related death for American children and adolescents. (5) Children are more vulnerable to environmental carcinogens than adults. (6) Reducing exposure to carcinogens reduces risk of cancer. (7) The average consumer currently lacks the ability to easily identify products that do not contain carcinogens. (8) Consumers benefit from additional information about the potential health impact of products they use. (9) When comparing products to purchase for their families, many consumers use potential health impact as a determining factor. (10) The 2008-2009 Annual Report of the President's Cancer Panel urges action to prevent environmental and occupational exposure to carcinogens. (b) Purpose.--The purpose of this Act is to enable consumers to reduce their exposure to carcinogens by allowing manufacturers to affix a Cancer-Free label to products that do not contain known or probable carcinogens through a voluntary process that does not require public disclosure of trade secrets. SEC. 3. CANCER-FREE LABELS. (a) In General.--The head of each Federal department or agency that regulates a covered product shall establish in that department or agency a program to permit the labeling of covered products that do not contain any carcinogens as ``Cancer-Free''. (b) Development of Label.--The heads of each Federal department or agency that regulates a covered product shall coordinate to develop an easily recognizable label to be affixed to a covered product to signify that the product has been approved for labeling as ``Cancer-Free''. Such label shall include the following notice: ``This product does not contain known or likely carcinogens that increase your risk of cancer.''. (c) Premarket Approval of Label.-- (1) In general.--It shall be unlawful to introduce or offer for introduction into interstate commerce a covered product affixed with a ``Cancer-Free'' label described under subsection (b)-- (A) if the head of each Federal department or agency that regulates the product has not approved an application submitted under paragraph (2) for the labeling of the product as ``Cancer-Free''; or (B) if the product contains any substance that is not listed in such application. (2) Application.--Any person may submit an application for the labeling of a covered product as ``Cancer-Free''. Such application shall include a list of all the substances contained within the product, and shall be accompanied by a sample of the product. (3) Criteria for approval.--The head of each Federal department or agency to which an application is submitted under paragraph (2) shall approve the application if such head determines that-- (A) the application accurately lists all substances contained in the product; (B) the product does not contain any carcinogens; (C) the product does not contain any substances that display carcinogenicity upon degradation, upon interactions with other substances contained within the product or exposed to the product, during storage or transportation, or during intended use of the product, as determined by such head based on previous findings made by such department or agency; and (D) the applicant has demonstrated a plan to comply with guidance issued under subsection (e) relating to manufacture, storage, and transportation. (4) Confidentiality of information.--Any information provided to the head of a Federal department or agency under paragraph (2)-- (A) shall be kept confidential by such department or agency, and shall be treated as trade secrets or confidential information for purposes of section 552(b)(4) of title 5, United States Code, and section 1905 of title 18, United States Code; (B) may not be used for any purpose other than approval of an application under this subsection; and (C) may not be made public except with the prior written consent of the applicant. Submission of an application under paragraph (2) does not constitute disclosure of trade secrets by the applicant or public disclosure for the determination of patentability, and any information contained in an application may not be used as prior art to a claimed invention. (5) Label integrity.--The head of each agency to which applications are submitted under paragraph (2) shall-- (A) conduct random testing of covered products for which applications are submitted for approval under such paragraph to ensure that the applications accurately list all the substances contained in such products; (B) conduct random audits of facilities in which such covered products are manufactured; and (C) take reasonable measures to ensure compliance with agency guidance issued under subsection (e) relating to manufacture, storage, and transportation of such covered products. (6) Fees.--The head of each Federal department or agency may charge a reasonable fee for the submission and approval of an application under paragraph (2). The amount of such fee shall be the amount necessary to result in an estimated total revenue from all such fees received by the department or agency that is equal to the estimated total cost of the program established by the department or agency under subparagraph (a). (d) Penalty for Violations.--In addition to any other penalty authorized by law, any person who knowingly violates subparagraph (A) or (B) of subsection (c)(1) shall be subject to a civil penalty of not more than $100,000. (e) Guidance To Prevent Indirect Introduction of Carcinogens.--The head of each Federal department or agency that regulates a covered product shall issue guidance to prevent the introduction of carcinogens into such covered product during the manufacture, storage, and transportation of such covered product. (f) National List.--The head of each Federal department or agency that regulates a covered product shall each post on the public website of that department or agency a list of all covered products regulated by that department or agency that have been approved for labeling as ``Cancer-Free''. (g) Definitions.--In this section: (1) Carcinogen.--The term ``carcinogen'' means any of the following: (A) A substance listed in the National Toxicology Program Report on Carcinogens as known to be a human carcinogen or reasonably anticipated to be a human carcinogen. (B) A substance described in the Environmental Protection Agency Integrated Risk Information System as carcinogenic to humans or likely to be carcinogenic to humans. (2) Covered product.--The term ``covered product'' means any product offered for sale that-- (A) is regulated by the Food and Drug Administration, the Environmental Protection Agency, the Department of Agriculture, or the Consumer Product Safety Commission; and (B) is intended for individual or residential use.

Cancer-Free Label Act of 2012 - Directs the head of each federal agency that regulates a covered product to establish a program to permit the labeling of such a product that does not contain any carcinogens as "Cancer-Free." Defines a "covered product" to mean any product offered for sale that is: (1) regulated by the Food and Drug Administration (FDA), the Environmental Protection Agency (EPA), the Department of Agriculture (USDA), or the Consumer Product Safety Commission (CPSC); and (2) intended for individual or residential use. Requires such agency heads to coordinate to develop an easily recognizable label: (1) to be affixed to a covered product to signify that it has been approved for "Cancer-Free" labeling, and (2) to include a notice stating that "This product does not contain known or likely carcinogens that increase your risk of cancer." Prohibits the introduction or offering for introduction into interstate commerce of a covered product affixed with a "Cancer-Free" label if: (1) the head of each federal agency that regulates the product has not approved an application for the labeling of the product as "Cancer-Free," or (2) the product contains any substance that is not listed in such application. Sets forth requirements regarding: (1) application approval and confidentiality; (2) random testing of covered products, random audits of facilities in which such products are manufactured, and measures to ensure compliance with agency guidance; (3) application fees; and (4) penalties for violations. Requires such agency heads to: (1) issue guidance to prevent the introduction of carcinogens into such product during its manufacture, storage, and transportation; and (2) post on the agency's public website a list of all covered products regulated by that agency that have been approved for labeling as "Cancer-Free."

To establish programs in the executive branch to permit the labeling of certain products that do not contain any carcinogens as "Cancer-Free", and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Radio Equality Act of 2007''. SEC. 2. NULLIFICATION OF DECISION OF COPYRIGHT ROYALTY JUDGES. The March 2, 2007, Determination of Rates and Terms of the United States Copyright Royalty Judges regarding rates and terms for the digital performance of sound recordings and ephemeral recordings, including that determination as modified by the April 17, 2007, Order Denying Motions for Rehearing and any subsequent modification to that determination by the Copyright Royalty Judges that is published in the Federal Register and the April 23, 2007, Final Determination of Rates and Terms of the United States Copyright Royalty Judges regarding rates and terms for the digital performance of sound recordings and ephemeral recordings and any subsequent modification to that determination by the Copyright Royalty Judges that is published in the Federal Register, are not effective, and shall be deemed never to have been effective. SEC. 3. COMPUTATION OF ROYALTY FEES FOR COMMERCIAL INTERNET RADIO SERVICES OFFERING DIGITAL PERFORMANCES OF SOUND RECORDINGS. (a) Standard for Determining Rates and Terms.--Section 114(f)(2)(B) of title 17, United States Code, is amended by striking ``Such rates and terms shall distinguish'' and all that follows through the end of clause (ii) and inserting the following: ``The Copyright Royalty Judges shall establish rates and terms in accordance with the objectives set forth in section 801(b)(1). Such rates and terms may include a minimum annual royalty of not more than $500 for each provider of services that are subject to such rates and terms, which shall be the only minimum royalty fee and shall be assessed only once annually to that provider.''. (b) Transition Rule.--Except for services covered by section 118 of title 17, United States Code, each provider of digital audio transmissions that otherwise would have been subject to the rates and terms of the determination of the Copyright Royalty Judges made ineffective by section 2 of this Act shall instead pay royalties for each year of the 5-year period beginning on January 1, 2006, at 1 of the following rates, as selected by the provider for that year: (1) 0.33 cents per hour of sound recordings transmitted to a single listener. (2) 7.5 percent of the revenues received by the provider during that year that are directly related to the provider's digital transmissions of sound recordings. SEC. 4. COMPUTATION OF ROYALTY FEES FOR NONCOMMERCIAL STATIONS OFFERING DIGITAL PERFORMANCES OF SOUND RECORDINGS. (a) Amendments to Section 118 of Title 17, United States Code.-- Section 118 of title 17, United States Code, is amended-- (1) in subsection (b), in the matter preceding paragraph (1), by striking ``and published pictorial'' and inserting ``, sound recordings, and published pictorial''; (2) in subsection (c)-- (A) in the matter preceding paragraph (1), by striking ``and published pictorial'' and inserting ``, sound recordings, and published pictorial''; and (B) in paragraph (1), by inserting ``or nonprofit institution or organization'' after ``broadcast station''; and (3) in subsection (f), by striking ``paragraph (2)'' and inserting ``paragraph (1) or (2)''. (b) Transition Rules.-- (1) In general.--Except as provided under paragraph (2), for each calendar year (or portion thereof) beginning after December 31, 2004, until an applicable voluntary license agreement is filed with the Copyright Royalty Judges under section 118 of title 17, United States Code (as amended by subsection (a) of this section), or an applicable determination is issued by the Copyright Royalty Judges under section 118 of such title (as so amended) -- (A) except as provided under subparagraphs (B) and (C), the annual royalty that a public broadcast entity shall pay to owners of copyrights in sound recordings for the uses provided under section 118(c) of such title (as so amended) shall be an amount equal to 1.05 times the amount paid by that entity (or in the case of a group of related entities, the fees paid by such group) under section 114(f)(2) of title 17, United States Code, for such uses during the calendar year ending December 31, 2004; (B) the annual royalty that a public broadcasting entity that is a noncommercial webcaster and did not owe royalties under section 114(f)(2) of title 17, United States Code, during the calendar year ending December 31, 2004, shall pay to owners of copyrights in sound recordings for the uses provided under section 118(c) of such title (as so amended) shall be the amount that would have been owed under the agreement entered into under section 114(f)(5) of that title for such uses applicable to noncommercial webcasters as in effect during calendar year 2004; and (C) the annual royalty that public broadcasting entities constituting National Public Radio, Inc., its member stations and public radio stations qualified to receive funding from the Corporation for Public Broadcasting, shall collectively pay to owners of copyrights in sound recordings for the uses provided under section 118(c) of such title (as so amended) shall be an amount equal to 1.05 times the amount paid on the behalf of these entities under section 114(f)(2) of title 17, United States Code, for such uses during the calendar year ending December 31, 2004. (2) Limitation.--No entity shall be required under paragraph (1)(A) or (B) to pay more than $5,000 for any calendar year. SEC. 5. CREDIT OF ROYALTY FEES. Any royalties received under the March 2, 2007, Determination of Rates and Terms of the United States Copyright Royalty Judges regarding rates and terms for the digital performance of sound recordings and ephemeral recordings, including that determination as modified by the April 17, 2007, Order Denying Motions for Rehearing and any subsequent modification to that determination by the Copyright Royalty Judges that is published in the Federal Register and the April 23, 2007, Final Determination of Rates and Terms of the United States Copyright Royalty Judges regarding rates and terms for the digital performance of sound recordings and ephemeral recordings and any subsequent modification to that determination by the Copyright Royalty Judges that is published in the Federal Register shall be credited against royalties required to be paid under section 3 or 4 of this Act.

Internet Radio Equality Act of 2007 - Declares to be ineffective: (1) the March 2, 2007, Determination of Rates and Terms of the U.S. Copyright Royalty Judges regarding rates and terms for the digital performance of sound recordings and ephemeral recordings; (2) the April 17, 2007, modification of that determination by an order denying motions for rehearing; and (3) the April 23, 2007, Final Determination of Rates and Terms and any subsequent modification by the Copyright Royalty Judges published in the Federal Register. Replaces standards for determining reasonable rates and terms of royalty payments for public performances of sound recordings by means of eligible nonsubscription transmission services and new subscription services with a requirement that such rates and terms be established in accordance with stated objectives of the Copyright Royalty Judges. (Currently, rates and terms are required to distinguish among different types of eligible nonsubscription transmission services and include a minimum fee for each type.) Allows a minimum annual royalty for each provider subject to such rates and terms. Provides a transition rule for payment of royalties by providers of digital audio transmissions that would have been subject to the rates and terms nullified by this Act. Revises royalty payment provisions concerning the use of certain works in noncommercial broadcasting to include: (1) sound recordings; and (2) performance or display by nonprofit organizations and public broadcasting entities. Provides a transition rule for the payment by a public broadcasting entity to owners of copyrights in sound recordings. Allows a credit of any royalties received under the Determination of Rates and Terms deemed ineffective by this Act against other royalties required to be paid under this Act.

A bill to nullify the determinations of the Copyright Royalty Judges with respect to webcasting, to modify the basis for making such a determination, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights Tax Fairness Act of 1999''. SEC. 2. EXCLUSION FROM GROSS INCOME FOR AMOUNTS RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL DISCRIMINATION. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by redesignating section 139 as section 140) and by inserting after section 138 the following new section: ``SEC. 139. AMOUNTS RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL DISCRIMINATION. ``(a) In General.-- ``(1) Exclusion.--Gross income does not include amounts received by a claimant (whether by suit or agreement and whether as lump sums or periodic payments) on account of a claim of unlawful discrimination. ``(2) Amounts Covered.--For purposes of paragraph (1), the term `amounts' does not include-- ``(A) backpay or frontpay, as defined in section 1302(b), or ``(B) punitive damages. ``(b) Unlawful Discrimination Defined.--For purposes of this section, the term `unlawful discrimination' means an act that is unlawful under any of the following: ``(1) Section 302 of the Civil Rights Act of 1991 (2 U.S.C. 1202). ``(2) Section 201, 202, 203, 204, 205, 206, or 207 of the Congressional Accountability Act of 1995 (2 U.S.C. 1311, 1312, 1313, 1314, 1315, 1316, or 1317) ``(3) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). ``(4) Section 4 or 15 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623 or 633a). ``(5) Section 501 or 504 of the Rehabilitation Act of 1973 (29 U.S.C. 791 or 794). ``(6) Section 510 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1140). ``(7) Title IX of the Education Amendments of 1972 (29 U.S.C. 1681 et seq.). ``(8) The Employee Polygraph Protection Act of 1988 (29 U.S.C. 201 et seq.). ``(9) The Worker Adjustment and Retraining Notification Act (29 U.S.C. 2102 et seq.). ``(10) Section 105 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2615). ``(11) Chapter 43 of title 38, United States Code (relating to employment and reemployment rights of members of the uniformed services). ``(12) Section 1977, 1979, or 1980 of the Revised Statutes (42 U.S.C. 1981, 1983, or 1985). ``(13) Section 703, 704, or 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2, 2000e-3, or 2000e-16). ``(14) Section 804 or 805 of the Fair Housing Act (42 U.S.C. 3604 or 3605). ``(15) Section 102, 202, 302, or 503 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112, 12132, 12182, or 12203). ``(16) Section 40302 of the Violence Against Women Act of 1994 (42 U.S.C. 13981). ``(17) Any provision of Federal law (popularly known as whistleblower protection provisions) prohibiting the discharge of an employee, the discrimination against an employee, or any other form of retaliation or reprisal against an employee for asserting rights or taking other actions permitted under Federal law. ``(18) Any provision of State or local law, or common law claims permitted under Federal, State, or local law, providing for the enforcement of civil rights, regulating any aspect of the employment relationship, or prohibiting the discharge of an employee, the discrimination against an employee, or any other form of retaliation or reprisal against an employee for asserting rights or taking other actions permitted by law.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 138 the following new item: ``Sec. 139. Amounts received on account of certain unlawful discrimination.'' (c) Effective Date.--The amendment made by this section shall apply to damages received in taxable years beginning after December 31, 1998. SEC. 3. LIMITATION ON TAX BASED ON INCOME AVERAGING FOR BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION. (a) In General.--Part I of subchapter Q of chapter 1 of the Internal Revenue Code of 1986 (relating to income averaging) is amended by adding at the end the following new section: ``SEC. 1302. INCOME FROM BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION. ``(a) General Rule.--If employment discrimination backpay or frontpay is received by a taxpayer during a taxable year, the tax imposed by this chapter for such taxable year shall not exceed the sum of-- ``(1) the tax which would be so imposed if-- ``(A) no amount of such backpay or frontpay were included in gross income for such year, and ``(B) no deduction were allowed for such year for expenses (otherwise allowable as a deduction to the taxpayer for such year) in connection with making or prosecuting any claim of unlawful employment discrimination by or on behalf of the taxpayer, plus ``(2) the product of-- ``(A) the number of years in the backpay period and frontpay period, and ``(B) the amount of tax that would be imposed on the average annual net backpay and frontpay amount, determined as if such average amount were the only income of the taxpayer for the taxable year and the taxpayer had no deductions for such year. ``(b) Definitions.--For purposes of this section-- ``(1) Employment discrimination backpay or frontpay.--The term `employment discrimination backpay or frontpay' means backpay or frontpay receivable (whether as lump sums or periodic payments) on account of a claim of unlawful employment discrimination. ``(2) Unlawful employment discrimination.--The term `unlawful employment discrimination' has the meaning provided the term `unlawful discrimination' in section 139(b). ``(3) Backpay and frontpay.--The terms `backpay' and `frontpay' mean amounts includible in gross income in the taxable year-- ``(A) as compensation which is attributable-- ``(i) in the case of backpay, to services performed, or that would have been performed but for a claimed violation of law, as an employee, former employee, or prospective employee before such taxable year for the taxpayer's employer, former employer, or prospective employer; and ``(ii) in the case of frontpay, to employment that would have been performed but for a claimed violation of law, in a taxable year or taxable years following the taxable year; and ``(B) which are-- ``(i) ordered, recommended, or approved by any governmental entity to satisfy a claim for a violation of law, or ``(ii) received from the settlement of such a claim. ``(4) Backpay period.--The term `backpay period' means the period during which services are performed (or would have been performed) to which backpay is attributable. If such period is not equal to a whole number of taxable years, such period shall be increased to the next highest number of whole taxable years. ``(5) Frontpay period.--The term `frontpay period' means the period of foregone employment to which frontpay is attributable. If such period is not equal to a whole number of taxable years, such period shall be increased to the next highest number of whole taxable years. ``(6) Average annual net backpay and frontpay amount.--The term `average annual net backpay and frontpay amount' means the amount equal to-- ``(A) the excess of-- ``(i) employment discrimination backpay and frontpay, over ``(ii) the amount of deductions that would have been allowable but for subsection (a)(1)(B), divided by ``(B) the number of years in the backpay period and frontpay period.''. (b) Clerical Amendment.--The table of sections for part I of subchapter Q of chapter 1 of such Code is amended by inserting after section 1301 the following new item: ``Sec. 1302. Income from backpay or frontpay received on account of certain unlawful employment discrimination.'' (c) Effective Date.--The amendments made by this section shall apply to amounts received in taxable years beginning after December 31, 1998. SEC. 3. INCOME AVERAGING FOR BACKPAY AND FRONTPAY RECEIVED ON ACCOUNT OF CERTAIN UNLAWFUL EMPLOYMENT DISCRIMINATION NOT TO INCREASE ALTERNATIVE MINIMUM TAX LIABILITY. (a) In General.--Section 55(c) of the Internal Revenue Code of 1986 (defining regular tax) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following: ``(2) Coordination with income averaging for amounts received on account of employment discrimination.--Solely for purposes of this section, section 1302 (relating to averaging of income from backpay or frontpay received on account of certain unlawful employment discrimination) shall not apply in computing the regular tax.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1998.

Civil Rights Tax Fairness Act of 1999 - Amends the Internal Revenue Code to exclude from gross income amounts received by a claimant on account of claims based on unlawful discrimination (as defined). Permits income averaging for backpay and frontpay awards received on account of such claims.

Civil Rights Tax Fairness Act of 1999

SECTION 1. BASELINE BASED ON PRIOR YEAR'S OUTLAYS. (a) President's Budget.--Section 1105(a)(5) of title 31, United States Code, is amended to read as follows: ``(5) except as provided in subsection (b) of this section-- ``(A) estimated expenditures and proposed appropriations for each function and subfunction in the current fiscal year; ``(B) estimated expenditures and proposed appropriations the President decides are necessary to support the Government for each function and subfunction in the fiscal year for which the budget is submitted; and ``(C) a comparison of levels of estimated expenditures and proposed appropriations for each function and subfunction in the current fiscal year and the fiscal year for which the budget is submitted, along with the proposed increase or decrease of spending in percentage terms for each function and subfunction;''. (b) Congressional Budget.--Section 301(e) of the Congressional Budget Act of 1974 (2 U.S.C. 632(e)) is amended by-- (1) inserting after the second sentence the following: ``The starting point for any deliberations in the Committee on the Budget of each House on the concurrent resolution on the budget for the next fiscal year shall be the estimated level of outlays for the current year in each function and subfunction. Any increases or decreases in the congressional budget for the next fiscal year shall be from those estimated levels.''; (2) striking paragraphs (2) and (3) and inserting the following: ``(2) a comparison of levels for the current fiscal year with proposed spending for the subsequent fiscal years along with the proposed increase or decrease of spending in percentage terms for each function and subfunction; ``(3) information, data, and comparisons indicating the manner in which and the basis on which the committee determined each of the matters set forth in the concurrent resolution, including information on outlays for the current fiscal year and the decisions reached to set funding for the subsequent fiscal years;''; (3) striking paragraph (8); (4) redesignating paragraph (9) as paragraph (8) and adding ``and'' at the end thereof; and (5) redesignating paragraph (10) as paragraph (9). (c) CBO Report to Committees.--The first sentence of section 202(f)(1) of the Congressional Budget Act of 1974 is amended to read as follows: ``On or before February 15 of each year, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate a report, for the fiscal year commencing on October 1 of that year, with respect to fiscal policy, including (A) estimated budget outlays in all functions and subfunctions for appropriated accounts for the current fiscal year and estimated budget outlays under current law for all entitlement programs for the next fiscal year, (B) alternative levels of total revenues, total new budget authority, and total outlays (including related surpluses and deficits), and (C) the levels of tax expenditures under existing law, taking into account projected economic factors and any changes in such levels based on proposals in the budget submitted by the President for such fiscal year.''. SEC. 2. SUNSETTING OF ENTITLEMENTS. (a) Reauthorization of Discretionary Programs and Unearned Entitlements.-- (1) Fiscal year 1994.--Effective October 1, 1993, spending authority for each unearned entitlement and high-cost discretionary spending program is terminated unless such spending authority is reauthorized after the date of enactment of this Act. (2) Fiscal year 1995.--Effective October 1, 1994, spending authority for each discretionary spending program (not including high-cost discretionary spending programs) is terminated unless such spending authority is reauthorized after the date of enactment of this Act. (3) Definitions.--For purposes of this section-- (A) the term ``unearned entitlement'' means an entitlement not earned by service or paid for in total or in part by assessments or contributions such as Social Security, veterans' benefits, retirement programs, and medicare; and (B) the term ``high-cost discretionary program'' means the most expensive one-third of discretionary program within each budget function account. (b) Point of Order.-- (1) In general.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that includes any provision that appropriates funds unless such appropriation has been previously authorized by law. (2) Waiver or suspension.--This section may be waived or suspended in the House of Representatives or the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn. (c) Decennial Sunsetting.-- (1) First decennial census year.--Effective on the first day of the fiscal year beginning in the first decennial census year after the year 2000 and each 10 years thereafter, the spending authority described in subsection (a)(1) is terminated unless such spending authority is reauthorized after the last date the spending authority was required to be reauthorized under this section. (2) First decennial census year.--Effective on the first day of the fiscal year beginning in the year after the first decennial census year after the year 2000 and each 10 years thereafter, the spending authority described in subsection (a)(2) is terminated unless such spending authority is reauthorized after the last date the spending authority was required to be reauthorized under this section. SEC. 3. ELIMINATION OF EMERGENCY SPENDING FOR PURPOSES OF DISCRETIONARY CAPS. Section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed.

Amends Federal law to require both the President and the Congress to draft a budget based on estimates of current fiscal year spending, proposing increases or decreases based on this level (rather than on an estimated baseline). Amends the Congressional Budget Act of 1974 to require the Congressional Budget Office to use such a current fiscal year baseline in its report to the congressional budget committees, projecting growth for entitlement and discretionary spending based on current fiscal year spending. Terminates spending authority, effective October 1, 1993, for unearned entitlements and high-cost discretionary spending programs unless such spending authority is reauthorized. Terminates spending authority, effective October 1, 1994, for each discretionary spending program (not including high-cost discretionary spending programs) unless such spending authority is reauthorized. Provides for terminating such spending authorities after the year 2000 unless appropriately reauthorized.

To make various reforms in the congressional budget process.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Money Account Claim Satisfaction Act of 2003''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) since the 19th century, the United States has held Indian funds and resources in trust for the benefit of Indians; (2) in 1996, a class action was brought against the United States seeking a historical accounting of balances of individual Indian money accounts; (3) after 8 years of litigation and the expenditure of hundreds of millions of dollars of Federal funds, it is clear that the court-ordered historical accounting will require significant additional resources and years to accomplish and will not result in significant benefits to the members of the class; and (4) resolving the litigation in a full, fair, and final manner will best serve the interests of the members of the class and the United States. (b) Purpose.--The purpose of this Act is to provide a voluntary alternative claims process to reach settlement of the class action litigation in Cobell v. Norton (No. 96cv01285, D.D.C.). SEC. 3. DEFINITIONS. In this Act: (1) Accounting.--The term ``accounting''-- (A) with respect to funds in an individual Indian money account that were deposited or invested on or after the date of enactment of the Act of June 24, 1938 as provided in the first section of that Act (25 U.S.C. 162a), means a demonstration, to the maximum extent practicable, of the monthly and annual balances of funds in the individual Indian money account; and (B) with respect to funds in an individual Indian money account that were deposited or invested between 1887 and the day before the date of enactment of the Act of June 24, 1938, means a demonstration of the probable balances of funds in an individual Indian money account that were deposited or invested. (2) Claim.-- (A) In general.--The term ``claim'' means a legal or equitable claim that has been brought or could be brought, asserting any duty claimed to be owed by the United States under any statute, common law, or any other source of law to an individual Indian money account holder that pertains in any way to the account holder's account, including the duty to-- (i) collect and deposit funds in the account; (ii) invest funds in the account; (iii) make disbursements from the account; (iv) make and maintain records of activity in the account; (v) provide an accounting; and (vi) value, compromise, resolve, or otherwise dispose of claims relating to the account. (B) Inclusion.--The term ``claim'' includes a claim for damages or other relief for failure to perform, or for improper performance of, any duty described in subparagraph (A). (3) Class action.--The term ``class action'' means the civil action Cobell v. Norton (No. 96cv01285, D.D.C.). (4) De minimis individual indian money account.--The term ``de minimis individual Indian money account'' means an individual Indian money account that contains less than $100. (5) Eligible individual.--The term ``eligible individual'' means-- (A) a living individual who is or has been an individual Indian money account holder, except any such individual whose account holds or held funds only from the distribution of a judgment fund or a per capita distribution; and (B) the estate of a deceased individual who-- (i) was living on the date of enactment of the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and (ii) held an individual Indian money account on that date or at any time subsequent to that date, except any such individual whose account holds or held funds only from the distribution of a judgment fund or a per capita distribution. (6) IMACS task force.--The term ``IMACS Task Force'' means the Indian Money Account Claim Satisfaction Task Force established by section 4. (7) Individual indian money account.--The term ``individual Indian money account'' means an account that contains funds held in trust by the United States, established and managed by the United States on behalf of an individual Indian. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) Tribunal.--The term ``Tribunal'' means the Indian Money Claims Tribunal established by section 5. SEC. 4. INDIAN MONEY ACCOUNT CLAIM SATISFACTION TASK FORCE. (a) Establishment.--There is established the Indian Money Account Claim Satisfaction Task Force. (b) Membership.-- (1) In general.--The IMACS Task Force shall be comprised of not fewer than 9 members, appointed jointly by the majority leader and minority leader of the Senate and the Speaker and minority leader of the House of Representatives. (2) Qualifications.-- (A) Background.--Members of the IMACS Task Force shall be selected from private enterprise and academia and shall not be employees of the United States. (B) Expertise.--Of the members appointed to the IMACS Task Force-- (i) 2 shall have expertise in the field of forensic accounting; (ii) 2 shall have expertise in the field of Federal Indian law; (iii) 2 shall have expertise in the field of commercial trusts; (iv) 1 shall have expertise in the field of mineral resources; (v) 1 shall have expertise in the field of economic modeling and econometrics; and (vi) 1 shall have expertise in the field of complex civil litigation. (3) IMACS task force leader.--An IMACS Task Force Leader shall be chosen by majority vote of the members of the IMACS Task Force. (c) Compensation and Travel Expenses.--A member of the IMACS Task Force shall be entitled to-- (1) compensation, at a rate that does not exceed the daily equivalent of the annual rate of basic pay prescribed under level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day the member is engaged in the performance of duties the IMACS Task Force; and (2) travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Government service under section 5703 of title 5, United States Code. (d) Information and Support.--The Secretary of the Interior shall provide the IMACS Task Force-- (1) access to all records and other information in the possession of or available to the Secretary relating to individual Indian money accounts; and (2) such personnel, office space and other facilities, equipment, and other administrative support as the IMACS Task Force may reasonably request. (e) Confidential Information.--Section 10(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the IMACS Task Force. (f) Duties.-- (1) In general.--The IMACS Task Force shall-- (A) not later than 1 year after the date of enactment of this Act, complete an analysis of records, data, and other historical information with regard to the conduct of an historical accounting submitted by the parties in the class action to the district court in January 2003; and (B) not later than 60 days after completing the analysis under subparagraph (A), hold meetings with representatives of-- (i) the plaintiffs in that civil action; (ii) the Department of Justice and the Department of the Interior; and (iii) any other parties that, in the discretion of the IMACS Task Force, are necessary to allow the IMACS Task Force to carry out its duties under this Act. (2) Account balances.-- (A) Methodologies or models.--The IMACS Task Force shall develop 1 or more appropriate methodologies or models to conduct an accounting of the individual Indian money accounts. (B) Determination.--Using methodologies or models developed under subparagraph (A), the IMACS Task Force shall conduct an accounting to determine in current dollars the balances of-- (i) first, all individual Indian money accounts opened in or after 1985; (ii) second, all individual Indian money accounts opened on or after the date of enactment of the first section of the Act of June 24, 1938 (25 U.S.C. 162a), and before 1985; and (iii) third, all individual Indian money accounts opened before the date of enactment of the first section of the Act of June 24, 1938 (25 U.S.C. 162a). (C) Notice of determination.--On making a determination of the balance in the individual Indian money account of an eligible individual, the IMACS Task Force shall provide notice of the determination to the eligible individual and the Secretary. (g) Acceptance or Nonacceptance by Eligible Individual.-- (1) Acceptance.--If an eligible individual accepts the determination by the IMACS Task Force of the balance in the individual Indian money account of the eligible individual-- (A) not later than 60 days after the date on which the eligible individual receives notice of the determination, the eligible individual shall submit to the Secretary a notice that the eligible individual accepts the determination of the balance; (B) not later than 30 days after the Secretary receives the notice of acceptance under subparagraph (A), the Secretary shall make any adjustment in the records of the Secretary to reflect the determination; (C) based on the adjustment made pursuant to paragraph (B), the Secretary shall make full payment to the eligible individual of the balance in the individual Indian money account of the eligible individual in satisfaction of any claim that the individual may have; (D) the eligible individual shall provide the Secretary an accord and satisfaction of all claims of the eligible individual, which shall be binding on any heirs, transferees, or assigns of the eligible individual; and (E) the eligible individual shall be dismissed from the class action. (2) Nonacceptance.--If an eligible individual does not accept the determination by the IMACS Task Force of the balance in the individual Indian money account of the eligible individual, the eligible individual may-- (A) have the amount of the balance determined through arbitration by the Tribunal; or (B) remain a member of the class in the class action. SEC. 5. INDIAN MONEY CLAIMS TRIBUNAL. (a) Establishment.--There is established the Indian Money Claims Tribunal. (b) Membership.--The Tribunal shall be comprised of 5 arbitrators drawn from the list of arbitrators maintained by the Attorney General. (c) Election to Arbitrate.--If an eligible individual elects to have the amount of the balance in the individual Indian money account determined through arbitration by the Tribunal-- (1) not later than 60 days after receiving the notice of determination under section 4(f)(2)(C), the eligible individual shall submit to the Tribunal, in such form as the Tribunal may require, all claims of the eligible individual, with an agreement to be bound by any determination made by the Tribunal; and (2) the United States shall be bound by any determination made by the Tribunal. (d) Representation.-- (1) In general.--An eligible individual may be represented by an attorney or other representative in proceedings before the Tribunal. (2) Attorney's fee.--No legal representative retained by an eligible individual for purposes of proceedings before the Tribunal may collect any fee, charge, or assessment that is greater than 25 percent of the amount of the balance in the individual Indian money account of the eligible individual determined by the Tribunal. (e) Timing.--To the extent practicable, the Tribunal shall-- (1) schedule any proceedings necessary to determine a claim to occur not later than 180 days after the date on which the eligible individual submits the claim; and (2) make a determination of the claim, and provide the eligible individual and the Secretary notice of the determination, not later than 30 days after the conclusion of the proceedings. (f) Action Following Determination.--Not later than 30 days after the Secretary receives the notice of determination under subsection (e)(2)-- (1) the Secretary shall make any adjustment in the records of the Secretary to reflect the determination; (2) based on the adjustment made pursuant to paragraph (1), the Secretary shall make full payment to the eligible individual of the balance in the individual Indian money account of the eligible individual in satisfaction of any claim that the eligible individual may have; (3) the individual Indian money account of the eligible individual shall be closed; (4) the eligible individual shall provide the Secretary an accord and satisfaction of all claims of the eligible individual, which shall be binding on any heirs, transferees, or assigns of the eligible individual; and (5) the eligible individual shall be dismissed from the class action. SEC. 6. JUDGMENT FUND AVAILABILITY. The funds for any payment made pursuant to section 4(g)(1)(C) or 5(f)(2) shall be derived from the permanent judgment appropriation under section 1304 of title 31, United States Code (commonly known as the ``Judgment Fund''), without further appropriation. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) to carry out section 4, $10,000,000 for each of fiscal years 2004 and 2005; and (2) to carry out section 5, $10,000,000 for each of fiscal years 2006 and 2007.

Indian Money Account Claim Satisfaction Act of 2003 - Establishes the Indian Money Account Claim Satisfaction Task Force: (1) to complete an analysis of records, data, and other historical information with regard to the conduct of an historical accounting submitted by the parties in the class action to the district court in January 2003 (Cobell v. Norton (No. 96cv01285, D.D.C.)); and (2) after such completion to hold meetings with representatives of the plaintiffs in the civil action, the Departments of Justice and of the Interior and any other parties that, in the discretion of the Task Force, are necessary to carryout out its duties. Requires the Task Force to develop appropriate methodologies or models to conduct an accounting to determine in current dollars the balances of: (1) all individual Indian money accounts opened in or after 1985; (2) all individual Indian money accounts opened on or after the enactment of a certain Act of June 24, 1938, regarding deposit, care, and investment of Indian moneys, and before 1985; and (3) all individual Indian money accounts opened before such enactment. Establishes the Indian Money Claims Tribunal to serve as arbitrator if an eligible individual elects to have the amount of the balance in the individual Indian money account determined through arbitration. Binds the individual and the United States to any determination made by the Tribunal. Requires payments made pursuant to this Act to be derived from the permanent judgment appropriation (commonly known as the Judgment Fund), without further appropriations.

A bill to establish a voluntary alternative claims resolution process to reach a settlement of pending class action litigation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Mortgage Lender Regulatory Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Responsible community mortgage lenders engaged in traditional mortgage lending were not responsible for the recent mortgage crisis. (2) Responsible community mortgage lenders provide a valuable and critical service to consumers by, among other things, fulfilling the housing finance needs of the communities they serve and providing locally based alternative sources for mortgage financing. (3) The activities and business practices of responsible community mortgage lenders do not pose a substantial risk to consumers, and did not pose a substantial risk to consumers when the Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted. (4) Responsible community mortgage lenders are subject to the oversight and control of various governmental authorities and nongovernmental actors, including the Bureau of Consumer Financial Protection, the Department of Housing and Urban Development, the Federal Trade Commission, State supervisory regulators, local government supervisory regulators, mortgage loan investors, warehouse lenders, and various other authorities or entities. As a result of this oversight and control, the business practices and activities of responsible community mortgage lenders are safe, transparent to the public and the government, and do not pose a threat to consumers, the public at large, the United States financial markets, or the United States economy in general. (5) Responsible community mortgage lenders are unreasonably burdened by increasing regulation geared to problems that they did not create and activities that they did not and do not engage in, and therefore responsible community mortgage lenders are entitled to relief from certain provisions of the Dodd- Frank Wall Street Reform and Consumer Protection Act and its attendant regulations, including the regulations of the Bureau of Consumer Financial Protection. (6) Without relief many responsible community mortgage lenders will be driven from the market thus limiting the consumer's ability to choose a local lender for mortgage financing and dangerously consolidating the mortgage lending market into a smaller number of lenders. (7) The preservation of responsible community mortgage lenders is critical to preserving competition and preventing increasing concentration in mortgage lending. (8) The Bureau of Consumer Financial Protection should prioritize its resources and ability to carry out examinations by creating reasonable exclusions for smaller, responsible mortgage lenders. SEC. 3. DEFINITIONS. (a) In General.--Section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481) is amended by adding at the end the following: ``(30) Community mortgage lender.--The term `community mortgage lender' means a lender-- ``(A) who-- ``(i) in the case of a depository institution or credit union-- ``(I) has assets of less than $2,000,000,000; and ``(II) originated fewer than 25,000 mortgage loans in the preceding calendar year or originated a gross mortgage loan origination volume of less than $5,000,000,000 in the preceding calendar year; or ``(ii) in the case of a person other than a depository institution-- ``(I) has net worth of less than $50,000,000; and ``(II) originated fewer than 25,000 mortgage loans in the preceding calendar year or originated a gross mortgage loan origination volume of less than $5,000,000,000 in the preceding calendar year; and ``(B) had mortgage loan originations in the preceding three calendar years that consisted of 95 percent qualified mortgages when measured by either-- ``(i) the number of mortgage loans originated; or ``(ii) the dollar volume of mortgage loans originated. ``(31) Responsible community mortgage lender.--The term `responsible community mortgage lender' means a community mortgage lender who has not been found by a court of competent jurisdiction to have violated the law, or been subject to a cease and desist order, relating to its mortgage loan originations-- ``(A) during the preceding two years; or ``(B) since such person began originating mortgage loans, if such period is less than two years. ``(32) Mortgage loan.--The term `mortgage loan' means a loan secured by a first lien on a 1-4 unit family residence. ``(33) Qualified mortgage.--The term `qualified mortgage'-- ``(A) has the meaning given that term under section 129C(b)(2) of the Truth in Lending Act; and ``(B) includes loans insured, guaranteed, or administered by-- ``(i) the Department of Housing and Urban Development, with regard to mortgages insured under the National Housing Act (12 U.S.C. 1707 et seq.); ``(ii) the Department of Veterans Affairs, with regard to a loan made or guaranteed by the Secretary of Veterans Affairs; ``(iii) the Department of Agriculture, with regard to loans guaranteed by the Secretary of Agriculture pursuant to section 502(h) of the Housing Act of 1949 (42 U.S.C. 1472(h)); and ``(iv) the Rural Housing Service, with regard to loans insured by the Rural Housing Service.''. (b) Treatment of the Qualified Mortgage Requirement During Calendar Year 2016.--For purposes of computing mortgage loan originations under section 1002(30)(B) of the Consumer Financial Protection Act of 2010 during calendar year 2016, such computation shall be based only on the preceding two calendar years instead of the preceding three calendar years. SEC. 4. PRIORITIZATION OF BUREAU EXAMINATION AND ENFORCEMENT AUTHORITY RESOURCES. (a) In General.--The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended by inserting after section 1031 the following: ``SEC. 1031A. EXCLUSION RELATING TO RESPONSIBLE COMMUNITY MORTGAGE LENDERS. ``(a) Limitations of Examination of Responsible Community Mortgage Lenders.--Except as permitted in subsection (b), the Bureau may not conduct any audit, examination, or investigation of, or take an enforcement against, a responsible community mortgage lender. ``(b) Referrals by Other Agencies.--The Bureau may conduct an audit, examination, or investigation of, or take an enforcement action against, a responsible community mortgage lender if requested by-- ``(1) a State or local regulator; ``(2) a Federal department or agency that guarantees mortgage loans originated, held, or serviced by such lender; ``(3) the Federal Housing Finance Agency or entities supervised by such Agency; or ``(4) any other Federal department or agency that exercises supervisory authority over such lender. ``(c) Rule of Construction.--Nothing in this section shall be construed as modifying, limiting, or superseding the operation of any provision of Federal or State law, or otherwise affecting the authority of any Federal or State department or agency other than the Bureau.''. (b) Clerical Amendment.--The table of contents under section 1(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by inserting after the item relating to section 1031 the following: ``Sec. 1031A. Exclusion relating to responsible community mortgage lenders.''. SEC. 5. STREAMLINED VENDOR AUDITS. (a) In General.--The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.), as amended by section 4(a), is further amended by inserting after section 1031A the following: ``SEC. 1031B. VENDOR AUDIT REQUIREMENTS RELATING TO RESPONSIBLE COMMUNITY MORTGAGE LENDERS. ``(a) Vendor Audits.--The Bureau and the appropriate Federal banking agencies may only require a responsible community mortgage lender to perform an audit of a vendor or third-party contractor of the lender if the Bureau or the appropriate Federal banking agency, as applicable, has reasonable cause to believe that such vendor or third- party contractor is performing services for the lender in a manner that is causing the lender to violate the law.''. (b) Clerical Amendment.--The table of contents under section 1(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as amended by section 4(b), is further amended by inserting after the item relating to section 1031A the following: ``Sec. 1031B. Vendor audit requirements relating to responsible community mortgage lenders.''.

Community Mortgage Lender Regulatory Act of 2016 This bill amends the Consumer Financial Protection Act of 2010 to prohibit the Consumer Financial Protection Bureau (CFPB) from auditing, investigating, or taking an enforcement action against a responsible community mortgage lender unless requested to do so by one of several specified regulators or agencies. A "responsible community mortgage lender" is one that: (1) meets certain restrictions with respect to number and volume of mortgage loan originations and amount of either assets or net worth; and (2) has not, with respect to its mortgage loan originations and within a specified time frame, been subject to a cease and desist order or found by a court to have violated the law. Furthermore, the CFPB and other federal banking agencies are prohibited from requiring such a lender to audit one of its vendors or third-party contractors unless the CFPB or other agency has reasonable cause to believe that the vendor or contractor is causing the lender to violate the law. The bill also revises the methodology for calculating mortgage loan originations with respect to the qualified mortgage requirement in 2016.

Community Mortgage Lender Regulatory Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Beneficiary Access to Home Care Act of 1998''. SEC. 2. FINDINGS. Congress finds that the interim payment system for home health services under medicare enacted as part of the Balanced Budget Act of 1997 is having the following unintended consequences: (1) The sickest, most frail medicare beneficiaries are losing access to medically necessary home health services which are otherwise covered under the medicare program. (2) Many high-quality, cost-effective agencies have had per beneficiary limits set so low that they are finding it impossible to continue their participation in the medicare program. (3) Many agencies are being subjected to aggregate per beneficiary limits which do not accurately reflect their current patient mix and make it impossible for these agencies to compete with similarly situated agencies. (4) Residents of certain States and regions of the country are being afforded access to far fewer home health services under medicare than residents of certain other States or regions of the country who have identical medical conditions. (5) Under the surety bond requirements, high-quality, law- abiding home health agencies which have participated satisfactorily in the medicare program for years are being excluded. SEC. 3. PAYMENTS TO HOME HEALTH AGENCIES UNDER MEDICARE. (a) Retroactive Restoration of Per Visit Cost Limit to 112 Percent of the Mean of Costs.-- (1) In general.--Section 1861(v)(1)(L)(i) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(i) is amended-- (A) in subclause (II), by adding at the end ``or''; (B) in subclause (III)-- (i) by striking ``and before October 1, 1997,''; and (ii) by striking ``, or'' and inserting a period; and (C) by striking subclause (IV). (2) Effective date.--The amendments made by paragraph (1) are effective as if included in the enactment of the Balanced Budget Act of 1997 (Public Law 105-33). (b) Revision of Interim Payment System for Home Health Services.-- (1) Retroactive repeal of new per beneficiary limits.-- (A) In general.--Clauses (v) through (vii) of section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)) are repealed (B) Effective date.--The repeal made by subparagraph (A) is effective as if included in the enactment of the Balanced Budget Act of 1997 (Public Law 105-33). (2) Establishment of new limits.-- (A) In general.--Section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), as amended by paragraph (1)(A), is amended by adding at the end the following: ``(v)(I) For services furnished by home health agencies for cost reporting periods beginning on or after October 1, 1998, the Secretary shall provide for an interim system of limits. Payment shall not exceed the costs determined under the preceding provisions of this subparagraph or, if lower, an agency-specific, annual per beneficiary limitation equal to the sum of the base amount described in clause (vi) and the outlier amount described in clause (vii). ``(II) Such limitations shall be prorated among agencies for any beneficiary who receives covered home health services from more than one agency under common ownership or control for cost reporting periods beginning in a fiscal year. ``(III) The Secretary shall establish such limitations not later than October 1, 1998, for cost reporting periods beginning during fiscal year 1999 and not later than August 1 before the beginning of each succeeding fiscal year for cost reporting periods beginning during such fiscal year. ``(vi) The base amount described in this clause for a cost reporting period is equal to the product of-- ``(I) the amount of the reasonable costs (including nonroutine medical supplies) of the standardized average cost per unduplicated patient in fiscal year 1994 of providing services for the first 120 days after home health services have commenced (as determined under clause (viii), such costs updated by the home health market basket index; and ``(II) the agency's unduplicated census count of base patients (entitled to benefits under this title) for the cost reporting period subject to the limitation, as determined under clause (ix). ``(vii) The outlier amount described in this clause for a cost reporting period is equal to the product of-- ``(I) subject to clause (viii)(III), the amount of the reasonable costs (including nonroutine medical supplies) of the standardized average cost per unduplicated patient in fiscal year 1994 of providing services for the more than 120 days after home health services have commenced (as determined under clause (viii), such costs updated by the home health market basket index; and ``(II) the agency's unduplicated census count of outlier patients (entitled to benefits under this title) for the cost reporting period subject to the limitation, as determined under clause (ix). ``(viii)(I) The standardized average costs per unduplicated patient described in clause (vi)(I) or (vii)(I) shall be determined based upon an appropriate percentage of a standardized average cost described in subclause (II). For cost reporting periods beginning during fiscal year 1998, such appropriate percentages shall be 82 percent and 110 percent, respectively. ``(II) The standardized average cost described in this subclause is the reasonable costs (including nonroutine medical supplies) of standardized average cost per unduplicated patient in fiscal year 1994 of providing home health services to any patient described in clause (vi)(I) or (vii)(I), which are necessary for the efficient delivery of needed services covered by the insurance programs established under this title. Such standardized average cost shall be determined, for a home health agency located in a census division, based 50 percent on such average determined on a national basis for all agencies and 50 percent on such average determined on a regional basis for all agencies located in that census division. ``(III) In determining the amount described in clause (vii)(I) in the case of a patient who may be counted in the base patient count under clause (vi)(II) for a cost reporting period and who may also be counted in the outlier patient count under clause (vii)(II) for the period, the amount described in clause (vii)(II) with respect to that patient shall be \2/3\ of the amount otherwise determined under such clause. ``(ix)(I) For purposes of determining an agency's unduplicated census count of base patients for purposes of clause (vi)(II) for a cost reporting period, an individual who has been counted in the agency's unduplicated census count under such clause may not be counted again under such clause during the same home health spell of illness. For purposes of this clause, the term `home health spell of illness' has the meaning given such term in section 1861(tt)(2) except that such spell shall begin with the first day (not included in a previous home health spell of illness) on which the individual is furnished any home health services for which benefits are available under this title and which occurs in a month for which the individual is entitled to benefits under either part A or part B. ``(II) No patient shall be included in the outlier census count under subclause (vi)(II) for a home health agency unless the fiscal intermediary involved has determined that the patient meets the conditions for coverage of home health services beyond 120 days in a home health spell of illness. The Secretary shall establish a precertification process to ensure that such determinations are made in a timely manner that avoids interruptions in coverage for individuals who continuously meet such conditions of coverage. Such a determination that a patient does not meet such conditions is reviewable under section 1869(b) to the same extent as a claim for benefits involving $1,000 or more in controversy.''. (B) Effective date.--The amendment made by subparagraph (A) applies to cost reporting periods beginning on or after October 1, 1998. (C) Transitional rule for counting current patients in count of outlier patients.--In the case of a patient who-- (i) is receiving covered home health services from a home health agency as of the first day of the first cost reporting period in which clause (v) of section 1861(v)(1)(L) of the Social Security Act (as added by paragraph (2)) applies to the agency, and (ii) received such services from such agency for more than 120 days during a home health spell of illness (as defined for purposes of clause (ix) of such section, as so added), the patient shall be counted in the count of outlier patients under clause (vii)(II) of such section and not in the count of base patients under clause (vi)(II) of such section. (c) Application of Wage Index Based on Location of Agency.-- (1) In general.--Section 1861(v)(1)(L)(iii) of such Act (42 U.S.C. 1395x(v)(1)(L)(iii)) is amended by inserting before the period at the end the following: ``, or, in the case of limits established under clause (v), based upon the geographic area in which the agency is located''. (2) Effective date.--The amendment made by paragraph (1) applies to cost reporting periods beginning on or after October 1, 1998. (d) Limitation on Application of Freeze in Update to Per Visit Limits.-- (1) In general.--Section 1861(v)(1)(L)(iv) of such Act (42 U.S.C. 1395x(v)(1)(L)(iv)) is amended by striking ``under this subparagraph'' and inserting ``under clause (i)''. (2) Effective date.--The amendment made by paragraph (1) applies to cost reporting periods beginning on or after October 1, 1998. (e) Adjustment in 15 Percent Reduction To Achieve Original CBO Spending Targets.-- (1) In general.--Section 4603(e) of the Balanced Budget Act of 1997 is amended by striking ``by 15 percent'' and inserting before the period at the end the following: ``, by a percentage which is sufficient to assure that total expenditures under this title for benefits for home health services in each of fiscal years 1999 through 2002 do not exceed the amount of such expenditures for such fiscal year, as estimated by the Congressional Budget Office immediately before the date of the enactment of this Act''. (2) Conforming amendment to prospective payment system.-- Section 1895(b)(3)(A)(ii) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(A)(ii)) is amended by striking ``by 15 percent'' and inserting before the period at the end the following: ``, by a percentage which is sufficient to assure that total expenditures under this title for benefits for home health services in each of fiscal years 1999 through 2002 do not exceed the amount of such expenditures for such fiscal year, as estimated by the Congressional Budget Office immediately before the date of the enactment of this section.''. (3) Effective date.--The amendments made by this subsection apply to cost reporting periods beginning on or after October 1, 1999. (f) Restoration of Periodic Interim Payments for Home Health Agencies.-- (1) In general.--Section 1815(e)(2) of the Social Security Act (42 U.S.C. 1395g(e)(2)) is amended-- (A) in subparagraph (C), by striking ``and'' at the end; (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following: ``(D) home health services; and''. (2) Effective date.--The amendments made by paragraph (1) apply to payment for services furnished on or after October 1, 1999. SEC. 4. EXTENSION OF HOME HEALTH PER EPISODE PROSPECTIVE PAYMENT DEMONSTRATION PROJECT. The Secretary of Health and Human Services shall continue the home health per episode prospective payment demonstration project authorized under section 4027 of the Omnibus Budget Reconciliation Act of 1987 (42 U.S.C. 1395n note) until the prospective payment system is established and implemented under section 1895 of the Social Security Act (42 U.S.C. 1395fff). Any final report otherwise required under section 4027 shall be due not later than 6 months after the date such demonstration project is completed. SEC. 5. REVISION OF SURETY BOND REQUIREMENT FOR HOME HEALTH AGENCIES. (a) Under Medicare Program.--Section 1861(o)(7) of the Social Security Act (42 U.S.C. 1395x(o)(7)) is amended to read as follows: ``(7) provides the Secretary, prior to the initial certification of the home health agency and for 1 year thereafter, with a surety bond against fraudulent or abusive activities in a form specified by the Secretary and in an amount equal to $25,000; and''. (b) Under Medicaid Program.--Section 1903(i)(18) of such Act (42 U.S.C. 1396b(i)(18)) is amended to read as follows: ``(18) with respect to any amount expended for home health care services provided by an agency or organization unless the agency or organization provides the State agency, prior to the initial certification of the home health agency and for 1 year thereafter, with a surety bond against fraudulent or abusive activities in a form specified by the Secretary under paragraph (7) of section 1861(o) and in an amount equal to $25,000 or such comparable surety bond as the Secretary may permit under the last sentence of such section.''. (c) Effective Date.--The amendments made by this section apply to services furnished on or after the date of enactment of this Act. SEC. 6. REQUIREMENT FOR FRAUD AND ABUSE COMPLIANCE PROGRAM AS A CONDITION OF PARTICIPATION FOR HOME HEALTH AGENCIES UNDER THE MEDICARE PROGRAM. (a) In General.--Section 1891(a) of the Social Security Act (42 U.S.C. 1395bbb(a)) is amended by adding at the end the following: ``(8) The agency has developed and implemented a fraud and abuse compliance program.''. (b) Effective Date.--The amendment made by subsection (a) applies to services furnished on or after such date as the Secretary of Health and Human Services specifies in regulations promulgated to carry out such amendment. The Secretary shall promulgate such regulations as soon as practicable after the date of the enactment of this Act.

Medicare Beneficiary Access to Home Care Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997 (BBA '97), with respect to the computation formula of the interim system of limited payments for services provided by home health agencies. Repeals the current interim system, retroactive to the enactment of BBA '97. Mandates a new interim system of limits for cost reporting periods beginning on or after October 1, 1998, with a revised formula that includes: (1) retroactive restoration of the per visit cost limit to 112 percent of the mean of costs; (2) an agency-specific, annual per beneficiary limitation equal to the sum of certain base and outlier amounts, based generally on the standardized average cost per unduplicated patient in FY 1994; and (3) application of a wage index based on the locality of the agency. Amends BBA '97 to revise the mandatory reduction in cost and per beneficiary limits in the event that the Secretary of Health and Human Services does not establish the prospective payment system (PPS) for home health services. Replaces the current 15 percent reduction in such limits with a percentage reduction sufficient to assure that total expenditures for home health services benefits in each of FY 1999 through 2002 do not exceed the original Congressional Budget Office spending targets for such fiscal years. Amends SSA title XVIII to direct the Secretary to restore periodic interim payments for home health services. Directs the Secretary to continue the home health per episode prospective payment demonstration project under the Omnibus Budget Reconciliation Act of 1987 until the PPS for home health services is established and implemented under Medicare. Revises surety bond requirements for home health agencies under the Medicare program and the Medicaid program of SSA title XIX to: (1) specify a surety bond against fraudulent or abusive activities; and (2) reduce the amount of such bond from a minimum of $50,000 to $25,000. Amends SSA title XVIII to require home health agencies to have fraud and abuse compliance programs as a condition of their Medicare participation.

Medicare Beneficiary Access to Home Care Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Trade in Insurance Services Act of 1994''. SEC. 2. EFFECTUATING THE PRINCIPLE OF NATIONAL TREATMENT FOR INSURANCE ORGANIZATIONS. (a) Purpose.--The purpose of this section is to encourage foreign countries to accord national treatment to United States insurance organizations that operate or seek to operate in those countries. (b) Identifying Countries that Deny National Treatment to United States Insurance Organizations.--The President shall identify the extent to which foreign countries deny national treatment to United States insurance organizations-- (1) according to the most recent report under section 3602 of the Omnibus Trade and Competitiveness Act of 1988 (or the most recent update of any such report); or (2) based on more recent information that the President considers to be appropriate. (c) Determining Whether Denial of National Treatment has a Significant Adverse Effect.-- (1) In general.--The President shall determine whether the denial of national treatment to United States insurance organizations by a foreign country identified under subsection (b) has a significant adverse effect on such organizations. (2) Factors to be considered.--In determining whether and to what extent a foreign country denies national treatment to United States insurance organizations, and in determining the effect of any such denial on such insurance organizations, the President shall consider appropriate factors, including-- (A) the extent of United States trade with and investment in the foreign country, the size of the foreign country's markets for the insurance services involved, and the ability and the extent to which United States insurance organizations operate or seek to operate in those markets; (B) the importance of operations by United States insurance organizations in the foreign country to the export of goods and services by United States firms to such country; (C) the extent to which the foreign country provides in advance to United States insurance organizations any measure of general application that the country proposes to adopt, such as regulations, guidelines or other policies regarding new products, services, and markets in order to allow an opportunity for such insurance organizations to comment on the measure and for such comments to be taken into account by the foreign country; (D) the extent to which the foreign country-- (i) makes available, in writing, to United States insurance organizations the foreign country's requirements for completing applications relating to the provision of insurance services; (ii) applies published, objective, standards and criteria in evaluating any such applications from United States insurance organizations; and (iii) renders administrative decisions with respect to any such application within a reasonable period of time; (E) the extent to which United States insurance organizations may conduct activities or provide services in the foreign country that insurance organizations organized under the laws of the foreign country may not conduct or provide in the foreign country; and (F) the extent to which United States insurance organizations are affected in their operations and ability to compete on an equal basis by-- (i) the licensing policies of the insurance regulator of that country; (ii) capital requirements applicable in that country with respect to insurance activities; (iii) restrictions on acquisitions or joint ventures, and operations of such acquisitions and joint ventures, by insurance organizations in that country; (iv) restrictions on the operation and establishment of branches in that country; and (v) requirements for seeking approval of rates, rules, and policy forms when introducing new products, services, and pricing techniques. (d) Publication of Determination.-- (1) Publication.--If the President determines that the denial of national treatment to United States insurance organizations by a foreign country has a significant adverse effect on such organizations, the President-- (A) may, after the Trade Representative has initiated negotiations in accordance with subsection (g) publish that determination in the Federal Register; (B) shall, not less frequently than annually, in consultation with any department or agency that the President considers to be appropriate, review each such determination to determine whether the determination should be rescinded; and (C) shall inform State insurance commissioners or regulatory agencies of the publication of such determination. (2) Exception for countries with national treatment commitments.--Paragraph (1) shall not apply to a foreign country that the President determines has provided the United States with a binding and substantially full market access and national treatment commitment in insurance services, and adheres to that commitment in practice. (e) Discretionary Sanctions.-- (1) Action by the president.-- (A) In general.--Subject to subparagraph (B), the President may recommend to the Secretary of the Treasury that the Secretary suspend the acceptance of, or not accept, a registration statement that is filed pursuant to section 3 after the date of publication of a determination under subsection (d)(1) by a person of a foreign country listed in such publication if the President determines that-- (i) such action would assist the United States in negotiations to eliminate denials of national treatment against United States insurance organizations; (ii) negotiations undertaken pursuant to subsection (g) are not likely to result in an agreement that eliminates the denial of national treatment; or (iii) the country has not adequately adhered to an agreement reached as a result of negotiations undertaken pursuant to subsection (g). (B) Consistency with bilateral and multilateral agreements.--The authority of the President under subparagraph (A) may not be used to take actions which are inconsistent with any bilateral or multilateral agreement that governs insurance services that has been entered into by the President and approved by the Senate and House of Representatives. (C) Suspensions of filings of registrations.-- (i) In general.--Notwithstanding any other provision of law, if the President recommends, pursuant to subparagraph (A), that the Secretary suspend the acceptance of any registration of an alien insurance company under section 3, the Secretary shall-- (I) suspend the Secretary's acceptance of such registration for a period of 180 days; and (II) at the recommendation of the President, extend such suspension for an additional period of 180 days. (ii) Termination of suspension.--The Secretary shall, on the recommendation of the President, terminate any suspension in effect under clause (i). (D) Alternative action.--If the President determines that the procedure outlined in subparagraph (A) is either inappropriate or impractical to achieve the purpose of this section, the President may take such action under other provisions of law as the President considers necessary and appropriate to encourage foreign countries to accord national treatment to United States insurance organizations that operate or seek to operate in those countries. (f) Existing Alien Insurance Organization Activity.--The authority of subsection (e) may not be exercised with the respect to any registration filed by an alien insurance organization which is engaged in insurance activities within the United States as of March 8, 1994. (g) Negotiations.-- (1) In general.--The Trade Representative-- (A) shall initiate negotiations with any foreign country with respect to which a determination made under subsection (c)(1) is in effect to ensure that such country accords national treatment to United States insurance organizations; and (B) may initiate negotiations with any foreign country that denies national treatment to United States insurance organizations to ensure that the foreign country accords national treatment to such organizations. (2) Exceptions.--Paragraph (1) shall not apply with respect to any foreign country if the President-- (A) determines that the negotiations-- (i) would be unlikely to result in progress toward according national treatment to United States insurance organizations; or (ii) would impair the economic interests of the United States; and (B) submits a written notice of that determination to the Congress. (h) Report.-- (1) Contents of report.--Not later than December 1, 1994, and biennially thereafter, the President shall transmit to the Congress a report that-- (A) specifies the foreign countries identified under subsection (b); (B) if a determination has been published under subsection (d)(1) with respect to the foreign country, provides the reasons for such determination; (C) if the President has not made or has rescinded such a determination with respect to the foreign country, provides the reasons for the failure to make the determination or for the rescission; (D) describes the results of any negotiations conducted under subsection (g)(1) with the foreign country; and (E) discusses the effectiveness of this section in achieving the purposes of the section. (2) Submission of report.--The report required by paragraph (1) may be submitted as part of a report or update submitted under section 3602 of the Omnibus Trade and Competitiveness Act of 1988. (i) Delegation.-- (1) In general.--The President may delegate any authority of the President under this section. (2) Exercise of authority.--If the President delegates any authority of the President under this section, the designee's authority shall be exercised according to the specific direction (if any) of the President. (j) Consultation.--In carrying out the duties under this Act, the President, or the President's designee, may consult with the appropriate State insurance commissioners or regulatory agencies and other entities the President or designee may consider appropriate. (k) Definitions.--For purposes of this section, the following definitions shall apply: (1) Alien insurance organization.--The term ``alien insurance organization'' means an insurance organization which is a person of a foreign country. (2) Insurance organization.--The term ``insurance organization'' means any insurer and any reinsurer. (3) Insurer.--The term ``insurer'' means a party to a contract of insurance who assumes the risk and undertakes to indemnify the insured, or to pay a certain sum on the occurrence of a specified contingency. (4) National treatment.--The term ``national treatment'' means, with respect to any foreign country, treatment that offers United States insurance organizations the same competitive opportunities (including effective market access and market penetration) in such country as are available to the country's domestic insurance organizations in like circumstances. (5) Person of a foreign country.--The term ``person of a foreign country'' means-- (A) an entity that-- (i) is organized under the laws of the foreign country, or (ii) has its principal place of business in the foreign country; (B) an individual who-- (i) is a citizen of the foreign country, or (ii) is domiciled in the foreign country; or (C) any person that is directly or indirectly controlled by any entity or individual described in subparagraph (A) or (B). (6) Reinsurer.--The term ``reinsurer'' means an insurer which contracts to indemnify a ceding insurer for all or part of a risk originally undertaken by the ceding insurer. (7) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (8) Trade Representative.--The term ``Trade Representative'' means the United States Trade Representative. SEC. 3. REGISTRATION OF ALIEN INSURANCE ORGANIZATIONS WITH THE SECRETARY OF THE TREASURY. (a) In General.--No alien insurance organization (as defined in section 2(i)(1)) may engage in insurance activities within the United States after the date of the enactment of this Act unless-- (1) a registration statement has been filed by the company with the Secretary of the Treasury indicating the organization's intention to engage in insurance activities within the United States; and (2) applicable State insurance requirements have been satisfied. (b) Annual Report.--The Secretary of the Treasury shall submit an annual report to the Congress on the level of alien insurance organization activity within the United States. SEC. 4. CONFORMING AMENDMENT. (a) Report on Denial of National Treatment for Insurance Organizations.--Section 3602(3) of the Omnibus Trade and Competitiveness Act of 1988 (22 U.S.C. 5352(3)) is amended by inserting ``, insurance organizations,'' after ``banking organizations''. (b) Reports on Foreign Treatment of United States Financial Institutions.--Section 3602 of the Omnibus Trade and Competitiveness Act of 1988 (22 U.S.C. 5352) is amended-- (1) in the 1st sentence, by inserting ``with updates on significant developments every 2 years following the study conducted in 1994,'' before ``the Secretary of the Treasury''; and (2) by adding at the end the following: ``For purposes of this section, a foreign country denies national treatment to United States entities unless the foreign country offers such entities the same competitive opportunities (including effective market access) as are available to the domestic entities of the foreign country.''. (c) Negotiations To Promote Fair Trade in Financial Services.-- Section 3603(a)(1) of the Omnibus Trade and Competitiveness Act of 1988 (22 U.S.C. 5353(a)(1)) is amended by inserting ``effective'' before ``access''.

Fair Trade in Insurance Services Act of 1994 - Directs the President to: (1) identify foreign countries that deny national treatment to U.S. insurance organizations; and (2) determine whether such denial has a significant adverse effect on them. Requires the President, when making such determinations, to consider specified factors, including: (1) the ability and extent to which U.S. insurance organizations can operate or seek to operate in the foreign country's market; (2) the importance of operations by such organizations in the foreign country to the export of goods and services by U.S. firms to such country; (3) the extent to which such organizations may conduct activities or provide services in the foreign country that insurance organizations organized under such foreign country's laws may not conduct or provide there; and (4) the extent to which such U.S. organizations are affected in their operations and ability to compete on an equal basis in such foreign country's market. Authorizes the President to recommend to the Secretary of the Treasury (Secretary) that the Secretary suspend the acceptance of, or not accept, a certain registration statement filed by a person of an identified foreign country if the President determines that: (1) such action would assist the United States in negotiations to eliminate denials of national treatment against U.S. insurance organizations; (2) such negotiations are not likely to result in an agreement to eliminate such denial; or (3) the country has not adhered to such an agreement. Prohibits such sanctions with respect to any registration filed by an alien insurance organization which does business in the United States as of March 8, 1994. Requires the President to report biennially to the Congress on: (1) foreign countries that deny national treatment to U.S. insurance companies; and (2) the results of any negotiations with respect to the elimination of such treatment denials. (Sec. 3) Prohibits alien insurance organizations from engaging in insurance activities within the United States unless certain registration and related requirements are met.

Fair Trade in Insurance Services Act of 1994

SECTION 1. EXCLUSION OF GAIN ON SALE OF PRINCIPAL RESIDENCE. (a) In General.--Section 121 of the Internal Revenue Code of 1986 (relating to one-time exclusion of gain from sale of principal residence by individual who has attained age 55) is amended to read as follows: ``SEC. 121. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE. ``(a) General Rule.--Gross income does not include gain from the sale or exchange of property if, during the 5-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as his principal residence for periods aggregating 3 years or more. ``(b) Dollar Limitation.--The amount of the gain excluded from gross income under subsection (a) shall not exceed $500,000 ($250,000 in the case of a separate return by a married individual). ``(c) Special Rules.-- ``(1) Property held jointly by husband and wife.--For purposes of this section, if-- ``(A) property is held by a husband and wife as joint tenants, tenants by the entirety, or community property, ``(B) such husband and wife make a joint return for the taxable year of the sale or exchange, and ``(C) one spouse satisfies the holding and use requirements of subsection (a) with respect to such property, then both husband and wife shall be treated as satisfying the holding and use requirements of subsection (a) with respect to such property. ``(2) Property of deceased spouse.--For purposes of this section, in the case of an unmarried individual whose spouse is deceased on the date of the sale or exchange of property, if the deceased spouse (during the 5-year period ending on the date of the sale or exchange) satisfied the holding and use requirements of subsection (a) with respect to such property, then such individual shall be treated as satisfying the holding and use requirements of subsection (a) with respect to such property. ``(3) Tenant-stockholder in cooperative housing corporation.--For purposes of this section, if the taxpayer holds stock as a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), then-- ``(A) the holding requirements of subsection (a) shall be applied to the holding of such stock, and ``(B) the use requirements of subsection (a) shall be applied to the house or apartment which the taxpayer was entitled to occupy as such stockholder. ``(4) Involuntary conversions.-- ``(A) In general.--For purposes of this section, the destruction, theft, seizure, requisition, or condemnation of property shall be treated as the sale of such property. ``(B) Property acquired after involuntary conversion.---If the basis of the property sold or exchanged is determined (in whole or in part) under subsection (b) of section 1033 (relating to basis of property acquired through involuntary conversion), then the holding and use by the taxpayer of the converted property shall be treated as holding and use by the taxpayer of the property sold or exchanged. ``(5) Application of sections 1033 and 1034.--In applying sections 1033 (relating to involuntary conversions) and 1034 (relating to sale or exchange of residence), the amount realized from the sale or exchange of property shall be treated as being the amount determined without regard to this section, reduced by the amount of gain not included in gross income under this section. ``(6) Property used in part as principal residence.--In the case of property only a portion of which, during the 5-year period ending on the date of the sale or exchange, has been owned and used by the taxpayer as his principal residence for periods aggregating 3 years or more, this section shall apply with respect to so much of the gain from the sale or exchange of such property as is determined, under regulations prescribed by the Secretary, to be attributable to the portion of the property so owned and used by the taxpayer. ``(7) Determination of marital status.--In the case of any sale or exchange, for purposes of this section-- ``(A) the determination of whether an individual is married shall be made as of the date of the sale or exchange; and ``(B) an individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. ``(8) Determination of use during periods of out-of- residence care.--In the case of a taxpayer who-- ``(A) becomes physically or mentally incapable of self-care, and ``(B) owns property and uses such property as the taxpayer's principal residence during the 5-year period described in subsection (a) for periods aggregating at least 1 year, then the taxpayer shall be treated as using such property as the taxpayer's principal residence during any time during such 5-year period in which the taxpayer owns the property and resides in any facility (including a nursing home) licensed by a State or political subdivision to care for an individual in the taxpayer's condition.'' (b) Technical Amendments.-- (1) Sections 1033(k)(3), 1034(l), 1038(e)(1)(A), 1250(d)(7)(B), and 6012(c) of such Code are each amended by striking ``who has attained age 55''. (2) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 121 and inserting the following: ``Sec. 121. Exclusion of gain from sale of principal residence.'' (c) Effective Date.--The amendments made by this section shall apply to sales and exchanges after December 31, 1996. SEC. 2. EXCLUSION OF GAIN ON SALE OF FARMLAND. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 121 the following new section: ``SEC. 121A. EXCLUSION OF GAIN FROM SALE OF FARMLAND. ``(a) General Rule.--Gross income does not include gain from the sale or exchange of property if-- ``(1) such property is owned by the taxpayer throughout the 3-year period ending on the date of the sale or exchange, and ``(2) during the 5-year period ending on such date, such property has been used by any person as a farm for farming purposes (as defined in section 2032A(e)) for periods aggregating 3 years or more. ``(b) Dollar Limitation.--The amount of the gain excluded from gross income under subsection (a) shall not exceed $500,000 ($250,000 in the case of a separate return by a married individual). ``(c) Special Rules.--Rules similar to the rules of paragraphs (1), (2), and (7) of section 121(d) shall apply for purposes of this section.'' (b) Clerical Amendment.--The table of sections for such part III is amended by inserting after the item relating to section 121 the following new item: ``Sec. 121A. Exclusion of gain from sale of farmland.'' (c) Effective Date.--The amendments made by this section shall apply to sales and exchanges after December 31, 1996.

Amends the Internal Revenue Code to revise rules concerning the exclusion from gain on the sale of a principal residence and on the sale of farmland, including providing for an exclusion of up to $500,000 in gains.

To amend the Internal Revenue Code of 1986 to exclude from gross income up to $500,000 of gain on the sale of a principle residence and up to $500,000 of gain on the sale of farmland.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Competition and Incentives Act of 2001''. TITLE I--PROTECTION OF BROADBAND SERVICES FROM CONTINUING MONOPOLIZATION SEC. 101. AMENDMENT TO THE CLAYTON ACT TO INCLUDE MARKET POWER ENTRY TEST. The Clayton Act (15 U.S.C. 15 et seq.) is amended by adding at the end the following: ``SEC. 28. BROADBAND TELECOMMUNICATIONS SERVICES. ``(a) Determination by Attorney General.--A Bell operating company or an affiliate of a Bell operating company may not provide interLATA services in any of its in-region States under the authority of any amendments to section 271 of the Communications Act of 1934 (47 U.S.C. 271) enacted after April 24, 2001, unless the Attorney General of the United States determines that such company or such affiliate does not have market power in the provision of wireline telephone exchange service in the State involved. ``(b) Market Power.--For purposes of this section, a Bell operating company or an affiliate of a Bell operating company shall be deemed to have market power in the provision of wireline telephone exchange service in the State involved if such company or such affiliate provides service to more than 85 percent of the business subscribers, or more than 85 percent of the residential subscribers, in such State at the time such company or such affiliate requests that the Attorney General make a determination under subsection (a). ``(c) Definitions.--For purposes of this section: ``(1) Affiliate.--The term `affiliate' means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the term `own' means to own an equity interest (or equivalent thereof) of more than 10 percent. ``(2) Bell operating company.--The term `Bell operating company' has the meaning given such term in section 3 of the Communications Act of 1934 (47 U.S.C. 153).''. TITLE II--BROADBAND DEPLOYMENT INCENTIVES FOR SERVICES TO ELIGIBLE RURAL COMMUNITIES AND UNDERSERVED AREAS SEC. 201. ELIMINATION OF DISCRIMINATORY TAXES ON BROADBAND SERVICE PROVIDERS. (a) Prohibition.--No State or political subdivision of a State may impose-- (1) discriminatory taxes on broadband services; or (2) a tax or fee imposed on telecommunications carriers or affiliates thereof, other than incumbent local exchange carriers and affiliates thereof, for the use of public rights- of-way that is greater than the tax or fee imposed on incumbent local exchange carriers or affiliates thereof for their use of public rights-of-way. (b) Liabilities and Pending Cases.--Subsection (a) shall not affect liability for taxes or fees accrued and enforced before the date of the enactment of this Act or to ongoing litigation relating to such taxes or such fees. SEC. 202. LOAN PROGRAM FOR ELIGIBLE RURAL COMMUNITIES AND FOR UNDERSERVED COMMUNITIES. (a) Authority To Make Direct Loans and Loan Guarantees.--The Attorney General of the United States may make direct loans or loan guarantees to eligible broadband service providers in accordance with this section to finance the deployment of broadband services to eligible rural communities and to underserved areas. (b) Eligibility Requirements.--To be eligible to receive a loan or loan guarantee under this section, a broadband service provider shall submit to the Attorney General an application containing such information and assurances as the Attorney General may require by rule, including-- (1) information demonstrating that such provider is capable of delivering broadband service; (2) a description of the proposed project to deploy broadband service to an eligible rural community or to an underserved area where broadband service is not otherwise generally available throughout such community or such area; and (3) an assurance that such provider will meet the standards for service and area wide coverage established by the Attorney General. (c) Terms and Conditions.--Direct loans and loan guarantees made under this section-- (1) shall be made available in accordance with the requirements of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.); (2) in the case of direct loans and loans guaranteed, shall bear interest at an annual rate of not more than 2 percent per annum; and (3) shall be made for the longer of-- (A) a term of 30 years; or (B) the useful life of the assets constructed, reconstructed, or acquired with any part of the proceeds of such loan or of the loan guaranteed. (d) Limitations.-- (1) Technology neutrality.--In making direct loans and loan guarantees under this section, the Attorney General may not take into consideration the technology proposed to be employed by the applicants for such loans or such guarantees. (2) Security interest.--The Attorney General may take a security interest in assets or revenue streams, in connection with a direct loan or loan guarantee made under this section, of not more than the amount sufficient to cover the assets financed by such loan or such guarantee. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Attorney General to carry out this section $3,000,000,000 for fiscal years 2002, 2003, 2004, 2005, and 2006. SEC. 203. DEFINITIONS. (a) In General.--In this title: (1) Affiliate.--Term ``affiliate'' means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the term ``own'' means to own an equity interest (or equivalent thereof) of more than 10 percent. (2) Assessment.--The term ``assessment'' means valuation for a property tax levied by a taxing State or political subdivision thereof. (3) Assessment jurisdiction.--The term ``assessment jurisdiction'' means a geographical area in a State used in determining the assessed value of property for ad valorem taxation. (4) Broadband service.--The term ``broadband service'' includes, without regard to any particular transmission medium or technology, high-speed, switched, broadband telecommunications capable of delivering not less than 1.5 megabits of data per second to the user and 128,000 bits of data per second from the user that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications. (5) Commercial business.--The term ``commercial business'' means a business, other than a broadband service provider, devoted to a commercial use. (6) Commercial property.--The term ``commercial property'' means property, other than property owned by a broadband service provider, devoted to a commercial use. (7) Discriminatory tax.--The term ``discriminatory tax'' means any tax imposed by a State or political subdivision of a State on a broadband service provider that-- (A) uses an assessment of property owned by broadband service providers at a value that has a higher ratio to the true market value of the broadband service provider's property than the ratio that the assessed value of other commercial property in the same assessment jurisdiction has to the true market value of the other commercial property value; (B) uses an assessment of property owned by broadband service providers at a value that encompasses factors other than tangible assets, such as intangible assets and a going concern component, and bases the assessed value of other commercial property on a local assessment process of only tangible assets; (C) is not generally imposed and legally collectible by such State or such political subdivision on commercial businesses; or (D) is imposed without 180 days advance notification of the imposition of such tax. (8) Eligible rural community.--The term ``eligible rural community'' means any census tract which-- (A) is not within 10 miles of any incorporated or unincorporated place containing more than 25,000 people, and (B) is not within a county or county equivalent which has an overall population density of more than 500 people per square mile of land. (9) Incumbent local exchange carrier.--The term ``incumbent local exchange carrier'' means, with respect to an area, the local exchange carrier that-- (A) on the date of enactment of this Act, is providing telephone exchange service in such area; and (B)(i) is deemed to be a member of the exchange carrier association pursuant to section 69.601(b) of title 47 of the Code of Federal Regulations, as in effect on such date; or (ii) on or after such date, is a successor or assign of a member described in clause (i). (10) Tax.--The term ``tax'' has the meaning given such term in section 1104 of the Internet Tax Freedom Act (47 U.S.C. 151 note). (11) Telecommunications carrier.--The term ``telecommunications carrier'' has the meaning given such term by section 3(44) of the Communications Act of 1934 (47 U.S.C. 153 (44)), but-- (A) includes all members of an affiliated group of which a telecommunications carrier is a member, and (B) does not include a commercial mobile service carrier. (12) Underserved area.--The term ``underserved area'' means any census tract which is located in-- (A) an empowerment zone or enterprise community designated under section 1391 of the Internal Revenue Code of 1986; (B) the District of Columbia Enterprise Zone established under section 1400 of such Code; (C) a renewal community designated under section 1400E of such Code; or (D) a low-income community designated under section 45D of such Code. (b) Designation of Census Tracts.--The Secretary of the Treasury shall, not later than 90 days after the date of the enactment of this Act, designate and publish those census tracts meeting the criteria described in paragraphs (8) and (12) of subsection (a).

Broadband Competition and Incentives Act of 2001 - Amends the Clayton Act to prohibit a Bell operating company or affiliate (BOC) from providing interLATA services in any of its in-region States under any amendments to provisions concerning BOCs under the Communications Act of 1934 enacted after April 24, 2001, unless the Attorney General determines that such BOC does not have market power in the provision of wireline telephone exchange service in the State involved. Deems a BOC to have such market power if it provides service to more than 85 percent of the business or residential subscribers in such State at the time it requests that the Attorney General make such determination.Prohibits a State or political subdivision from imposing: (1) discriminatory taxes on broadband services; or (2) a tax or fee imposed on telecommunications carriers or affiliates thereof, other than incumbent local exchange carriers and affiliates, for the use of public rights-of-way that is greater than the tax or fee imposed on incumbent local exchange carriers or affiliates for their use of public rights-of-way.Authorizes the Attorney General to make direct loans or loan guarantees to eligible broadband service providers to finance the deployment of broadband services to eligible rural communities and underserved areas. Prohibits the Attorney General from considering the technology proposed to be employed by the applicants. Allows the Attorney General to take a security interest in assets or revenue streams to cover the assets financed.

To amend the Clayton Act to ensure the application of the antitrust laws to local telephone monopolies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Violence Against Indian Women Act of 2012''. SEC. 2. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE. (a) In General.--Title II of Public Law 90-284 (25 U.S.C. 1301 et seq.) (commonly known as the ``Indian Civil Rights Act of 1968'') is amended by adding at the end the following: ``SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE. ``(a) Definitions.--In this section: ``(1) Dating violence.--The term `dating violence' means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. ``(2) Domestic violence.--The term `domestic violence' means violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, or by a person similarly situated to a spouse of the victim under the domestic- or family- violence laws of an Indian tribe that has jurisdiction over the Indian country where the violence occurs. ``(3) Indian country.--The term `Indian country' has the meaning given the term in section 1151 of title 18, United States Code. ``(4) Participating tribe.--The term `participating tribe' means an Indian tribe that elects to exercise special domestic violence criminal jurisdiction over the Indian country of that Indian tribe. ``(5) Protection order.--The term `protection order'-- ``(A) means any injunction, restraining order, or other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; and ``(B) includes any temporary or final order issued by a civil or criminal court, whether obtained by filing an independent action or as a pendent lite order in another proceeding, if the civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. ``(6) Special domestic violence criminal jurisdiction.--The term `special domestic violence criminal jurisdiction' means the criminal jurisdiction that a participating tribe may exercise under this section but could not otherwise exercise. ``(7) Spouse or intimate partner.--The term `spouse or intimate partner' has the meaning given the term in section 2266 of title 18, United States Code. ``(b) Nature of the Criminal Jurisdiction.-- ``(1) In general.--Notwithstanding any other provision of law, in addition to all powers of self-government recognized and affirmed by sections 201 and 203, the powers of self- government of a participating tribe include the inherent power of that tribe, which is hereby recognized and affirmed, to exercise special domestic violence criminal jurisdiction over all persons. ``(2) Concurrent jurisdiction.--The exercise of special domestic violence criminal jurisdiction by a participating tribe shall be concurrent with the jurisdiction of the United States, of a State, or of both. ``(3) Applicability.--Nothing in this section-- ``(A) creates or eliminates any Federal or State criminal jurisdiction over Indian country; or ``(B) affects the authority of the United States or any State government that has been delegated authority by the United States to investigate and prosecute a criminal violation in Indian country. ``(4) Exceptions.-- ``(A) Victim and defendant are both non-indians.-- ``(i) In general.--A participating tribe may not exercise special domestic violence criminal jurisdiction over an alleged offense if neither the defendant nor the alleged victim is an Indian. ``(ii) Definition of victim.--In this subparagraph and with respect to a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction based on a violation of a protection order, the term `victim' means a person specifically protected by a protection order that the defendant allegedly violated. ``(B) Defendant lacks ties to the indian tribe.--A participating tribe may exercise special domestic violence criminal jurisdiction over a defendant only if the defendant-- ``(i) resides in the Indian country of the participating tribe; ``(ii) is employed in the Indian country of the participating tribe; or ``(iii) is a spouse, intimate partner, or dating partner of-- ``(I) a member of the participating tribe; or ``(II) an Indian who resides in the Indian country of the participating tribe. ``(c) Criminal Conduct.--A participating tribe may exercise special domestic violence criminal jurisdiction over a defendant for criminal conduct that falls into one or more of the following categories: ``(1) Domestic violence and dating violence.--An act of domestic violence or dating violence that occurs in the Indian country of the participating tribe. ``(2) Violations of protection orders.--An act that-- ``(A) occurs in the Indian country of the participating tribe; and ``(B) violates the portion of a protection order that-- ``(i) prohibits or provides protection against violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; ``(ii) was issued against the defendant; ``(iii) is enforceable by the participating tribe; and ``(iv) is consistent with section 2265(b) of title 18, United States Code. ``(d) Rights of Defendants.--In a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction, the participating tribe shall provide to the defendant-- ``(1) all applicable rights under this Act; ``(2) if a term of imprisonment of any length may be imposed, all rights described in section 202(c); ``(3) the right to a trial by an impartial jury that is drawn from sources that-- ``(A) reflect a fair cross section of the community; and ``(B) do not systematically exclude any distinctive group in the community, including non-Indians; and ``(4) all other rights whose protection is necessary under the Constitution of the United States in order for Congress to recognize and affirm the inherent power of the participating tribe to exercise special domestic violence criminal jurisdiction over the defendant. ``(e) Petitions to Stay Detention.-- ``(1) In general.--A person who has filed a petition for a writ of habeas corpus in a court of the United States under section 203 may petition that court to stay further detention of that person by the participating tribe. ``(2) Grant of stay.--A court shall grant a stay described in paragraph (1) if the court-- ``(A) finds that there is a substantial likelihood that the habeas corpus petition will be granted; and ``(B) after giving each alleged victim in the matter an opportunity to be heard, finds by clear and convincing evidence that under conditions imposed by the court, the petitioner is not likely to flee or pose a danger to any person or the community if released. ``(3) Notice.--An Indian tribe that has ordered the detention of any person has a duty to timely notify such person of his rights and privileges under this subsection and under section 203. ``(f) Subject to Removal.--A defendant charged with a crime under this section may petition the appropriate Federal district for removal pursuant to section 3245 of title 18, United States Code. ``(g) Grants to Tribal Governments.--The Attorney General may award grants to the governments of Indian tribes (or to authorized designees of those governments)-- ``(1) to strengthen tribal criminal justice systems to assist Indian tribes in exercising special domestic violence criminal jurisdiction, including-- ``(A) law enforcement (including the capacity of law enforcement or court personnel to enter information into and obtain information from national crime information databases); ``(B) prosecution; ``(C) trial and appellate courts; ``(D) probation systems; ``(E) detention and correctional facilities; ``(F) alternative rehabilitation centers; ``(G) culturally appropriate services and assistance for victims and their families; and ``(H) criminal codes and rules of criminal procedure, appellate procedure, and evidence; ``(2) to provide indigent criminal defendants with the effective assistance of licensed defense counsel, at no cost to the defendant, in criminal proceedings in which a participating tribe prosecutes a crime of domestic violence or dating violence or a criminal violation of a protection order; ``(3) to ensure that, in criminal proceedings in which a participating tribe exercises special domestic violence criminal jurisdiction, jurors are summoned, selected, and instructed in a manner consistent with all applicable requirements; and ``(4) to accord victims of domestic violence, dating violence, and violations of protection orders rights that are similar to the rights of a crime victim described in section 3771(a) of title 18, United States Code, consistent with tribal law and custom. ``(h) Supplement, Not Supplant.--Amounts made available under this section shall supplement and not supplant any other Federal, State, tribal, or local government amounts made available to carry out activities described in this section. ``(i) Authorization of Appropriations.--There are authorized to be appropriated $5,000,000 for each of fiscal years 2013 through 2017 to carry out subsection (g) and to provide training, technical assistance, data collection, and evaluation of the criminal justice systems of participating tribes.''. (b) Clerical Amendment.--The table of sections for title II of the Indian Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.) is amended by inserting after the item relating to section 203 the following: ``Sec. 204. Tribal jurisdiction over crimes of domestic violence.''. SEC. 3. REMOVAL OF CRIMINAL PROSECUTIONS. (a) In General.--Chapter 211 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 3245. Removal criminal prosecutions brought under section 204 of the Indian Civil Rights Act ``(a) Notice of Removal.--A defendant charged with a crime pursuant to section 204 of the Indian Civil Rights Act of 1968 (25 U.S.C. 1304) shall file in the district court of the United States for the district and division within which such prosecution is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal under subsection (b), together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action. ``(b) Grounds for Removal.--No case shall be removed unless the defendant has proven by a preponderance of the evidence that a right guaranteed them under section 202 of the Indian Civil Rights Act of 1968 (25 U.S.C. 1302), has been violated, the tribal court has failed to adequately remedy the violation, and the violation is prejudicial to the defendant. ``(c) Requirements.-- ``(1) A notice of removal of a criminal prosecution for domestic violence shall be filed not later than 30 days after the arraignment in the Tribal court, or at any time before trial, whichever is earlier, except that for good cause shown the United States district court may enter an order granting the defendant or defendants leave to file the notice at a later time. ``(2) A notice of removal of a criminal prosecution for domestic violence shall include all grounds for such removal. A failure to state grounds that exist at the time of the filing of the notice shall constitute a waiver of such grounds, and a second notice may be filed only on grounds not existing at the time of the original notice. For good cause shown, the United States district court may grant relief from the limitations of this paragraph. ``(3) The filing of a notice of removal of a criminal prosecution for domestic violence shall not prevent the Tribal court in which such prosecution is pending from proceeding further, except that a judgment of conviction shall not be entered unless the prosecution is first remanded. ``(4) The United States district court in which such notice is filed shall examine the notice promptly. If it clearly appears on the face of the notice and any exhibits annexed thereto that removal should not be permitted, the court shall make an order for summary remand. ``(5) If the United States district court does not order the summary remand of such prosecution, it shall order an evidentiary hearing to be held promptly and, after such hearing, shall make such disposition of the prosecution as justice shall require. If the United States district court determines that removal shall be permitted, it shall so notify the Tribal court in which prosecution is pending, which shall proceed no further. ``(d) Writ of Habeas Corpus.--If the defendant or defendants are in actual custody on process issued by the Tribal court, the district court shall issue its writ of habeas corpus, and the marshal shall thereupon take such defendant or defendants into the marshal's custody and deliver a copy of the writ to the clerk of such Tribal court. ``(e) Definition.--In this section, the term `domestic violence' has the meaning given such term in section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925).''. (b) Clerical Amendment.--The table of sections for chapter 211 of title 18, United States Code, is amended by inserting after the item relating to section 3244 the following: ``3245. Removal criminal prosecutions brought under section 204 of the Indian Civil Rights Act.''.

Violence Against Indian Women Act of 2012 - Amends the Indian Civil Rights Act of 1968 to give Indian tribes criminal jurisdiction over domestic violence, dating violence, and violations of protective orders that occur on their lands. Makes that jurisdiction concurrent with federal and state jurisdiction. Prohibits a tribe from exercising such jurisdiction if neither the defendant or alleged victim is an Indian, or the defendant lacks certain ties to the tribe. Requires Indian tribes prosecuting those crimes to: (1) provide defendants the right to a trial by an impartial jury; and (2) notify detainees of their rights, including the right to file a writ of habeas corpus in federal court. Authorizes the Attorney General to award grants to assist Indian tribes in exercising such jurisdiction, providing indigent defendants with free legal counsel, and securing the rights of victims of such crimes. Authorizes appropriations for such grant program and to provide participating Indian tribes with training, technical assistance, data collection, and an evaluation of their criminal justice systems. Authorizes defendants charged with domestic violence, dating violence, and violations of protective orders to petition the appropriate federal district court for the removal of their case from tribal court. Prohibits a case from being removed from tribal court unless a defendant proves by a preponderance of evidence that a constitutional right guaranteed under the Act has been violated, the tribal court has not adequately remedied the violation, and the violation is prejudicial to the defendant.

To grant Indian tribes jurisdiction over crimes of domestic violence that occur in the Indian country of that tribe.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on the Environment and National Security Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) new threats to the global environment, including to the earth's climate system, the ozone layer, biological diversity, soils, oceans, and freshwater resources, have arisen in recent years; (2) such threats to the global environment may adversely affect the health, livelihoods, and physical well-being of Americans, the stability of many societies, and international peace; (3) in recent years, the definition of national security of the United States has been broadened, both in official White House documents and in legislation, to include economic security as well as environmental security; (4) with the end of the Cold War, the dramatic reduction of the military threat to United States interests, and the new recognition in world politics of the urgency of reversing global environmental degradation recognized at the Earth Summit in Rio in June 1992, the global environment has taken on even greater importance to the United States; (5) the extent and significance of such threats to United States security has not been fully evaluated by the Congress or the executive branch, and responses to global environmental threats have not yet been fully integrated into United States national security policy; and (6) the United States Government currently lacks a focal point for assessing the importance of such new environmental threat to the national security of the United States and their implications for United States global security policy. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the National Commission on the Environment and National Security (hereinafter in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF COMMISSION. (a) Study.--The Commission shall study the role in United States national security of security against global environmental threats, in light of recent global political changes and the rise of new environmental threats to the earth's natural resources and vital life support systems, including such threats referred to in section 2. (b) Report.--The Commission shall submit a preliminary and final report pursuant to section 8, each of which shall contain-- (1) a detailed statement of the findings and conclusions of the Commission on the matters described in subsection (a); and (2) specific recommendations with respect to-- (A) ways in which the United States might integrate concerns about global environmental threats into its national security and foreign policy; (B) priority international action to respond to global environmental threats and likely resource commitments required to support them; and (C) possible institutional changes in the executive and legislative branches of the United States Government that may be needed to ensure that such new environmental threats receive adequate priority in the national security policies and budgetary allocations of the United States. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 14 members, to be appointed not later than 30 days after the date of the enactment of this Act, as follows: (1) 2 members appointed by the President. (2) 3 members, 1 of whom shall be a Senator, appointed by the President pro tempore of the Senate from among the recommendations made by the majority leader of the Senate. (3) 3 members, 1 of whom shall be a Senator, appointed by the President pro tempore of the Senate from among the recommendations made by the minority leader of the Senate. (4) 3 members, 1 of whom shall be a member of the House of Representatives, appointed by the Speaker of the House of Representatives. (5) 3 members, 1 of whom shall be a member of the House of Representatives, appointed by the minority leader of the House of Representatives. (b) Additional Qualifications.--The Commission members (not including the members of Congress) shall be chosen from among individuals who-- (1) are scientists, environmental specialists, experts on national and international security, or analysts who have studied the relationship between the environment and national security, and (2) are not officers or employees of the United States. (c) Political Affiliation.--Not more than one-half of the members appointed from individuals who are not Members of Congress may be of the same political party. With respect to members who are Members of Congress, not more than one-half may be of the same political party. (d) Continuation of Membership.--If a member was appointed to the Commission as a Member of Congress and the member ceases to be a Member of Congress, or was appointed to the Commission because the member was not an officer or employee of any government and later becomes an officer or employee of a government, that member may continue as a member for not longer than the 60-day period beginning on the date that member ceases to be a Member of Congress, or becomes such an officer or employee, as the case may be. (e) Terms.-- (1) In general.--Each member of the Commission shall be appointed for the life of the Commission. (2) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (f) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), each member of the Commission shall be paid at a rate not to exceed the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which such member is engaged in the actual performance of duties of the Commission. (2) Prohibition of compensation of members of congress.-- Members of the Commission who are Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (g) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (h) Quorum.--8 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (i) Chairperson.--The Chairperson of the Commission shall be elected by a majority of the members. (j) Meetings.--The Commission shall meet at the call of the Chairperson. SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall have a Director who shall be appointed by the Chairperson. The Director shall be paid at a rate not to exceed the maximum rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Staff.--Subject to rules prescribed by the Commission, the Chairperson may appoint and fix the pay of additional personnel as the Chairperson considers appropriate. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, 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 that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of the title 5, United States Code. (d) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the maximum annual rate of basic pay payable for GS-18 of the General Schedule. (e) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) 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. (e) 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. (f) 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. (g) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (h) Immunity.--Except as provided in this subsection, a person may not be excused from testifying or from producing evidence pursuant to a subpoena on the ground that the testimony or evidence required by the subpoena may tend to incriminate or subject that person to criminal prosecution. A person, after having claimed the privilege against self- incrimination, may not be criminally prosecuted by reason of any transaction, matter, or thing which that person is compelled to testify about or produce evidence relating to, except that the person may be prosecuted for perjury committed during the testimony or made in the evidence. (i) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for the purpose of conducting research or surveys necessary to enable the Commission to carry out its duties under this Act, and for other services. SEC. 8. REPORTS. (a) Preliminary Report.--The Commission shall submit to the President and the Congress a preliminary report not later than 18 months after the date on which all the members of the Commission have been appointed. (b) Final Report.--The Commission shall submit a final report to the President and the Congress not later than 2 years after the date on which all the members of the Commission have been appointed. SEC. 9. TERMINATION. The Commission shall terminate 60 days after submitting its final report pursuant to section 8(b). SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Amounts shall be made available to carry out this Act only to the extent such amounts are made available in advance in appropriations Acts.

National Commission on the Environment and National Security Act - Establishes a National Commission on the Environment and National Security to study the role in U.S. national security of security against global environmental threats. Directs the Commission to report on such study and make specific recommendations with respect to: (1) ways in which the United States might integrate concerns about such threats into its national security and foreign policy; (2) priority international actions to respond to such threats and resource commitments required to support them; and (3) possible institutional changes in the executive and legislative branches to ensure that environmental threats receive adequate priority in the national security policies and budgetary allocations of the United States.

National Commission on the Environment and National Security Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ronald Reagan Dime Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) President Ronald Wilson Reagan, through his efforts as the 40th President of the United States, created policies that renewed economic growth, strengthened the resolve of the free world together to oppose totalitarianism, and restored pride in the United States. (2) In 1981, when Ronald Reagan was inaugurated President, he inherited a disillusioned nation wracked by rampant inflation and high unemployment. (3) The policies of President Reagan brought about the beginnings of an economic boom that lasted almost unimpeded through the end of the 20th century. (4) President Reagan was victorious in 49 of the 50 states in the 1984 general election, a record unsurpassed in the history of United States presidential elections. (5) President Reagan, through his simple republican dignity and sense of personal responsibility to the United States of America, brought pride and honor to the Office of the President. (6) President Reagan worked in a bipartisan manner to enact his agenda of restoring accountability and common sense to government, which led to an unprecedented economic expansion and opportunity for millions of Americans. (7) President Reagan's commitment to an active social policy agenda for the nation's children helped lower crime in our neighborhoods. (8) President Reagan led a national crusade against illegal narcotics, which resulted in a substantial decline in illegal drug use in the United States during his eight years in office. (9) President Reagan wrote ``Abortion and the Conscience of a Nation'' for the 10th Anniversary of Roe v. Wade, which stated ``Abraham Lincoln recognized that we could not survive as a free land when some men could decide that others were not fit to be free and should therefore be slaves. Likewise, we cannot survive as a free nation when some men decide that others are not fit to live and should be abandoned to abortion or infanticide . . . there is no cause more important for preserving that freedom than affirming the transcendent right to life of all human beings, the right without which no other rights have any meaning''. (10) President Reagan's commitment to our armed forces contributed to the restoration of pride in America, her principles of ordered liberty, and the heritage of Western Civilization. (11) President Reagan's unshakeable commitment to freedom strengthened America's mission to proclaim liberty throughout the world and led to the collapse of global Communism, the fall of the Iron Curtain, and the toppling of the Berlin Wall, giving millions of people across the globe formerly shackled by the Soviets opportunity to live in peace and freedom. (12) President Reagan marked the beginning of his Presidency by recalling with shame ``the series of historical tragedies--beginning with the broken promises of the Yalta Conference--that led to the denial of the most elementary forms of personal freedom and human dignity to millions in Eastern Europe and Asia''. (13) President Reagan brought courage to those people cut off from others who lived in freedom, reminding them that ``Until the people of the Baltic States and Eastern Europe are free to choose their own system of government, we will continue to speak up for their rights and champion their cause''. (14) President Reagan called the world's attention to the plight of captive nations tyrannized behind the Iron Curtain, from Stettin in the Baltic to Trieste in the Adriatic, which included millions of Estonians, Latvians, Lithuanians, Poles, Germans, Czechs, Slovaks, Romanians, Bulgarians, Albanians, Croats, Serbs, Bosnians, and others, reminding us that ``Free people, if they are to remain free, must defend the liberty of others''. (15) President Reagan made a promise to ``all in Eastern Europe who are separated from neighbors and loved ones by an ugly Iron Curtain. And to every person trapped in tyranny, whether in the Ukraine, Hungary, Czechoslovakia, Cuba or Vietnam, we send our love and support, and tell them they are not alone. Your struggle is our struggle, your dream is our dream, and someday, you, too, will be free''. (16) President Reagan boldly stood at the Brandenburg Gate in West Berlin, on June 12, 1987, declaring: ``General Secretary Gorbachev, if you seek peace, if you seek prosperity for the Soviet Union and Eastern Europe, if you seek liberalization: Come here to this gate! Mr. Gorbachev, open this gate! Mr. Gorbachev, tear down this wall!''. (17) President Reagan's vision of ``peace through strength'' brought the United States victory in the Cold War and freed millions of people from Soviet tyranny. (18) President Reagan once summarized the mission of his administration as ``Being free and prosperous in a world at peace. That's our ultimate goal.''. (19) President Reagan reminded his countrymen of our calling in world history: ``I don't believe the people I've met in almost every State of this Union are ready to consign this, the last island of freedom, to the dust bin of history, along with the bones of dead civilizations of the past. Call it mysticism, if you will, but I believe God had a divine purpose in placing this land between the two great oceans to be found by those who had a special love of freedom and the courage to leave the countries of their birth. From our forefathers to our modern-day immigrants, we've come from every corner of the earth, from every race and every ethnic background, and we've become a new breed in the world. We're Americans and we have a rendezvous with destiny.''. SEC. 3. OBVERSE OF DIME COIN TO BEAR LIKENESS OF RONALD REAGAN. Section 5112(d)(1) of title 31, United States Code, is amended by inserting after the 4th sentence the following new sentence: ``Dime coins issued after such date as the Secretary determines to be appropriate shall bear the likeness of President Ronald Reagan, the Freedom President, in honor of his work in restoring American greatness and bringing freedom to captive nations around the world.''.

Ronald Reagan Dime Act - Amends Federal law governing coins and currency to require dime coins issued after a certain date to bear the likeness of President Ronald Reagan.

To provide for dime coins to bear the likeness of President Ronald Reagan, the Freedom President, in honor of his work in restoring American greatness and bringing freedom to captive nations around the world.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Communities Combating College Drinking and Drug Use Act''. SEC 2. FINDINGS. Congress makes the following findings: (1) Alcohol is by far the drug most widely used and abused by young people in the United States. (2)(A) In 2003, it is illegal for youths under the age of 21 to purchase alcohol in all of the 50 States and the District of Columbia, and illicit drugs remain illegal. (B) According to the National Institute on Drug Abuse, on average, young people begin drinking at about age 13. However, some start even younger. By the time young people are high school seniors, more than 80 percent have used alcohol and approximately 64 percent have been drunk. (C) When adolescents move on to college, they bring their drinking habits with them. According to a 1993-1997 Harvard School of Public Health College Alcohol Study, 40 percent of college students are binge drinkers. (D) According to the Department of Health and Human Services, in 1998, 10,400,000 current drinkers were under legal age (age 12-21) and of these, 5,100,000 were binge drinkers, including 2,300,000 heavy drinkers. (E) Among 10th graders the perceived harmfulness of regularly taking LSD (lysergic acid diethylamide) is 68.8 percent, and among 8th graders the perceived harmfulness is 52.9 percent, according to the 2001 Monitoring the Future Study (MTF) funded by the National Institute on Drug Abuse. (F) Only 45.7 percent of 12th graders perceived a great risk in trying MDMA (ecstasy) once or twice. (G) The perceived availability of crack and cocaine among 10th graders was thought of as easy or fairly easy by 31 percent of 10th graders. (3)(A) Underage drinking particularly impacts institutions of higher education. (B) In 1999, Harvard University's School of Public Health College Alcohol Study surveyed 119 colleges and found that students who were binge drinkers in high school were 3 times more likely to binge drink in college. (C) According to a March 2002 article published in the Journal of Studies on Alcohol, a study conducted by the Social and Behavioral Sciences Department of the Boston University School of Public Health reported that 1998 and 1999 studies show over 2,000,000 of the 8,000,000 college students in the United States drove under the influence of alcohol, over 500,000 were unintentionally injured while under the influence of alcohol, and over 600,000 were hit or assaulted by another student who had been drinking. (D) According to the same Boston University study, it is estimated that over 1,400 students aged 18-24 and enrolled in 2-year and 4-year colleges died in 1998 from alcohol-related unintentional injuries. (E) More than 600,000 students between the ages of 18 and 24 are assaulted by another student who has been drinking, and another 500,000 students are unintentionally injured under the influence of alcohol. (F) More than 70,000 students between the ages of 18 and 24 are victims of alcohol-related sexual assault or date rape, more than 400,000 students reported having unprotected sex, and more than 100,000 students reported having been too intoxicated to know if they consented to having sex, according to the Boston University study. (4)(A) Longstanding cultural influences perpetuate student patterns of drinking. (B) Of frequent binge drinkers, 73 percent of males and 68 percent of females cited drinking to get drunk as an important reason for drinking according to ``Binge Drinking on Campus: Results of a National Study'', from Harvard School of Public Health. (C) The proportion of college students who drink varies depending on where they live. Drinking rates are highest in fraternities and sororities, followed by on-campus housing. Students who live independently offsite (e.g., in apartments) drink less, while commuting students who live with their families drink the least. (D) Institutions of higher education in places with strict laws such as keg registration, prohibitions on happy hours, and open container in public bans, which restrict the volume of alcohol sold or consumed, displayed lower rates of consumption and binge drinking among underage students. (E) A 2000 report by the Department of Health and Human Services, entitled ``Healthy People 2010'', observes that ``The perception that alcohol use is socially acceptable correlates with the fact that more than 80 percent of American youth consume alcohol before their 21st birthday, whereas the lack of social acceptance of other drugs correlates with comparatively low rates of use. Similarly, widespread societal expectations that young persons will engage in binge drinking may encourage this highly dangerous form of alcohol consumption.''. (F) Mutually reinforcing interventions between the college and surrounding community can change the broader environment and help reduce alcohol abuse and alcohol-related problems over the long term. (5)(A) The use of illicit drugs threatens the lives and well-being of students at institutions of higher education. (B) According to the working paper, ``Alcohol and Marijuana Use Among College Students: Economic Complements or Substitutes'', for the National Bureau of Economic Research, alcohol and marijuana are economic complements, meaning that as the use of alcohol goes down on campuses, it is expected that marijuana will as well, or that as marijuana usage falls, so will alcohol usage. (C) The annual prevalence of the use of an illicit drug at institutions of higher education is 36 percent. The annual marijuana use is 34 percent. The annual use of cocaine and LSD is 4.8 percent. The annual use of heroin is 4.5 percent. SEC. 3. DEFINITIONS. In this Act: (1) Binge drinking.--The term ``binge drinking'' means the consumption of 5 or more drinks on any 1 occasion. (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (3) Outlying area.--The term ``outlying area'' means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (4) Secretary.--The term ``Secretary'' means the Secretary of Education. (5) State.--The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico (6) Statewide coalition.--The term ``statewide coalition'' means a coalition that-- (A) includes-- (i) the entity a State designates to apply for a grant under this Act and to administer the grant funds; and (ii)(I) institutions of higher education within that State; and (II) a nonprofit group, a community anti- drug or anti-alcohol coalition, or another substance abuse prevention group within the State; and (B) works toward lowering the drug and alcohol abuse rate at not fewer than 50 percent of the institutions of higher education throughout the State and in the communities surrounding the campuses of the institutions. (7) Surrounding community.--The term ``surrounding community'' means the community-- (A) which surrounds an institution of higher education participating in a statewide coalition; (B) where the students from the institution of higher education take part in the community; and (C) where students from the institution of higher education live in off-campus housing. SEC. 4. PURPOSE. The purpose of this Act is to encourage States, institutions of higher education, local communities, nonprofit groups, including community anti-drug or anti-alcohol coalitions, and other substance abuse groups within the State to enhance existing or, where none exist, to establish new statewide coalitions to reduce the usage of drugs and alcohol by college students both on campus and in the surrounding community at large. SEC. 5. GRANTS. (a) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act $50,000,000 for fiscal year 2004 and such sums as may be necessary for each of the 4 succeeding fiscal years. (b) Grants to States.-- (1) Allotments.-- (A) In general.--From amounts appropriated under subsection (a) for a fiscal year, the Secretary shall make grants according to allotments under subparagraph (B) to States having applications approved under subsection (c) to pay the cost of carrying out the activities described in the application. (B) Determination of allotments.-- (i) Reservation of funds.--From the total amount appropriated under subsection (a) for a fiscal year, the Secretary shall reserve-- (I) one-half of 1 percent for allotments to the outlying areas, to be distributed among those outlying areas on the basis of their relative need for assistance under this Act, as determined by the Secretary, to carry out the purpose of this Act; and (II) one-half of 1 percent for the Secretary of the Interior for programs under this Act for schools operated or funded by the Bureau of Indian Affairs. (ii) State allotments.--From funds appropriated under subsection (a) for a fiscal year that remain after reserving funds under clause (i), the Secretary shall allot to each State an amount that bears the same relation to such remainder as the population of the State bears to the population of all States, as determined by the 2000 decennial census. (2) Matching funds required.--Each State receiving a grant under this Act shall contribute matching funds, from non- Federal sources, toward the cost of the activities described in the application, in an amount equal to-- (A) 100 percent of the Federal funds received under the grant, in the case of a State supporting a new statewide coalition; and (B) 50 percent of the Federal funds received under the grant, in the case of a State supporting a statewide coalition that was in existence on the day preceding the date of enactment of this Act. (3) Administrative costs.--Each State receiving a grant under this section may expend not more than 25 percent of the grant funds for administrative costs. (c) State Applications.-- (1) In general.--For a State to be eligible to receive a grant under this part, the State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall reasonably require. (2) Contents.--Each application submitted under this section shall include the following: (A) A description of how the State will work to enhance existing, or where none exists, to build a statewide coalition in cooperation with-- (i) not fewer than 50 percent of the institutions of higher education within the State; (ii) local communities; (iii) nonprofit groups, community anti-drug or anti-alcohol coalitions; and (iv) other substance abuse prevention groups within the State. (B) A description of how the State intends to ensure that the statewide coalition is actually implementing the purpose of this Act and moving toward the achievement indicators described in subsection (d). (C) A list of the members of the statewide coalition or interested parties. (d) Accountability.--On the date on which the Secretary first publishes a notice in the Federal Register soliciting applications for grants under this section, the Secretary shall include in the notice achievement indicators for the program assisted under this section. The achievement indicators shall be designed-- (1) to measure the impact that the statewide coalitions assisted under this Act are having on the institutions of higher education and the surrounding communities, including changes in the number of alcohol or drug-related incidents of any kind (including violations, physical assaults, sexual assaults, reports of intimidation, disruptions of school functions, disruptions of student studies, illnesses, or deaths); (2) to measure the quality and accessibility of the programs or information offered by the statewide coalitions; and (3) to provide such other measures of program impact as the Secretary determines appropriate.

Communities Combating College Drinking and Drug Use Act - Directs the Secretary of Education to make matching grant allotments to applicant States to enhance or establish statewide coalitions to reduce the usage of drugs and alcohol by college students both on campus and in the surrounding community at large.Requires such a statewide coalition to be formed in cooperation with at least half of the institutions of higher education within the State, and with local communities, nonprofit groups, community anti-drug or anti-alcohol coalitions, and other substance abuse prevention groups within the State.

A bill to provide grants to States and outlying areas to encourage the States and outlying areas to encourage existing or establish new statewide coalitions among institutions of higher education, communities around the institutions, and other relevant organizations or groups, including anti-drug or anti-alcohol coalitions, to reduce underage drinking and illicit drug-use by students, both on and off campus.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Garnishment Equalization Act of 1993''. SEC. 2. GARNISHMENT OF FEDERAL EMPLOYEES' PAY. (a) In General.--Subchapter II of chapter 55 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 5520a. Garnishment of pay ``(a) For the purpose of this section-- ``(1) the term `agency' means-- ``(A) an Executive agency (other than the General Accounting Office); ``(B) an agency of the judicial branch of the Government; and ``(C) an agency of the legislative branch of the Government, including the General Accounting Office, the office of a Member of Congress, a committee of either House or a joint committee of the 2 Houses, and any other office of Congress; ``(2) the term `employee' means an employee of an agency or member of the uniformed services; ``(3) the term `private person' means a person who does not have sovereign or other special immunity or privilege which causes such person not to be subject to legal process; ``(4) the term `legal process' means any writ, order, summons, or other similar process in the nature of garnishment, which-- ``(A) is issued by-- ``(i) a court of competent jurisdiction within any State, territory, or possession of the United States; ``(ii) a court of competent jurisdiction in any foreign country with which the United States has entered into an agreement which requires the United States to honor such process; or ``(iii) an authorized official pursuant to an order of such a court of competent jurisdiction or pursuant to State or local law; and ``(B) is directed to, and the purpose of which is to compel, in accordance with applicable law, an agency which holds moneys which are otherwise payable to an individual, to make a payment from such moneys to another party in order to satisfy a debt; ``(5) entitlement of an individual to any money shall be deemed to be `based upon remuneration for employment' if such money consists of compensation paid or payable for personal services of such individual, whether such compensation is denominated as pay, wages, salary, bonus, or otherwise, and includes severance pay and incentive pay, but does not include-- ``(A) awards for making suggestions; ``(B) any payments under chapter 83 or 84, or any other retirement system for employees; or ``(C) amounts paid to such individual, by way of reimbursement or otherwise, by such individual's employing agency, to defray expenses incurred by such individual in carrying out duties associated with such individual's employment; ``(6) the term `process to which an agency is subject under this section' does not include any legal process described in section 462(e) of the Social Security Act; and ``(7) the term `debt' does not include any legal obligation referred to in section 462(e)(2) of the Social Security Act. ``(b) Subject to the provisions of this section and the provisions of section 303 of the Consumer Credit Protection Act, moneys (the entitlement to which is based upon remuneration for employment) due from, or payable by, an agency to any individual for service as an employee shall be subject, in like manner and to the same extent as if the United States were a private person, to legal process brought for the satisfaction of a debt owed to another party. ``(c)(1) Service of legal process under this section may be accomplished by certified or registered mail, return receipt requested, or by personal service, upon-- ``(A) the appropriate agent designated for receipt of such service of process pursuant to regulations issued under this section; or ``(B) if no agent has been designated for the agency having payment responsibility for the moneys involved, then upon the head of such agency. ``(2) Such legal process shall be accompanied by sufficient information to permit prompt identification of the individual and the moneys involved. ``(d) No employee whose duties include responding to interrogatories pursuant to requirements imposed by this section shall be subject under any law to any disciplinary action or civil or criminal liability or penalty for, or on account of, any disclosure of information made by such employee with the carrying out of any of such employee's duties which pertain (directly or indirectly) to the answering of any such interrogatory. ``(e) Whenever any person, who is designated by law or regulation to accept service of process to which an agency is subject under this section, is effectively served with any such process or with interrogatories relating to an individual's obligation in connection with a particular debt, such person shall respond thereto within 30 days (or within such longer period as may be prescribed by applicable State law) after the date effective service thereof is made, and shall, as soon as possible but not later than 15 days after the date effective service is made, send written notice that such process has been so served (together with a copy thereof) to the affected employee at such employee's duty station or last-known home address. ``(f) Agencies affected by legal process under this section shall not be required to vary their normal pay and disbursement cycles in order to comply with any such legal process. ``(g) Neither the United States, an agency, nor any disbursing officer shall be liable with respect to any payment made from moneys due or payable from the United States to any individual pursuant to legal process regular on its face, if such payment is made in accordance with this section and the regulations prescribed to carry out this section. ``(h)(1) In the event that an agency, which is authorized under this section or the regulations prescribed to carry out this section to accept service of process, is served with more than 1 legal process with respect to the same moneys due or payable to any individual, then such moneys shall be available to satisfy such processes on a first- come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served, subject to paragraph (2). ``(2) In the event of service of legal process under this section and the service of legal process (as defined by section 462(e) of the Social Security Act) under section 459 of the Social Security Act, with respect to the same moneys due or payable to an individual, priority shall be given to the legal process (as defined by such section 462(e)) served under such section 459. ``(i) In determining the amount of any payment due from, or payable by, an agency to an individual, there shall be excluded those amounts which would be excluded under section 462(g) of the Social Security Act. ``(j) Nothing in this section shall modify or supersede any provision of section 459, 461, or 462 of the Social Security Act. ``(k)(1) Regulations to carry out this section shall-- ``(A) with respect to agencies under subsection (a)(1)(A), be prescribed by the President or the President's designee; ``(B) with respect to agencies under subsection (a)(1)(B), be prescribed by the Chief Justice of the United States or the Chief Justice's designee; and ``(C) with respect to agencies under subsection (a)(1)(C), be prescribed jointly by the Speaker of the House of Representatives and the President pro tempore of the Senate, or their designee. ``(2) Such regulations shall provide that an agency's administrative costs in executing a garnishment action may be added to the garnishment, and that the agency may retain costs recovered as offsetting collections.''. (b) Clerical Amendment.--The table of sections for chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5520 the following: ``5520a. Garnishment of pay.''. SEC. 3. AMENDMENT TO TITLE 39, UNITED STATES CODE. Section 1005 of title 39, United States Code, is amended by adding at the end the following: ``(g) The provisions of section 5520a of title 5 shall apply to officers and employees of the Postal Service.''. SEC. 4. APPLICABILITY. The amendments made by this Act shall take effect 180 days after the date of enactment of this Act, and shall apply with respect to any legal process served on or after that effective date.

Garnishment Equalization Act of 1993 - Provides for the treatment of Federal pay in the same manner as non-Federal pay with respect to garnishment. Allows administrative costs to be included in such garnishment.

Garnishment Equalization Act of 1993