FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Abandoned and Derelict Vessel Removal Act of 1995''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Abandon.--The term ``abandon'' means to moor, strand, wreck, sink, or leave a vessel unattended for longer than 45 days. (2) Navigable waters of the united states.--The term ``navigable waters of the United States'' means waters of the United States, including the territorial sea. (3) Removal; remove.--The term ``removal'' or ``remove'' means relocation, sale, scrapping, or other method of disposal. (4) Secretary.--The term ``Secretary'' means the Secretary of the Army. (5) Vessel.--the term ``vessel'' includes recreational, commercial, and government-owned vessels but does not include vessels operated by the Coast Guard or the Navy. (6) Vessel removal contractor.--The term ``vessel removal contractor'' means a person that enters into a contract with the United States to remove an abandoned vessel under this Act. SEC. 3. ABANDONMENT OF VESSEL PROHIBITED. An owner or operator of a vessel may not abandon it on the navigable waters of the United States. A vessel is deemed not to be abandoned if-- (1) it is located at a federally or State-approved mooring area; (2) it is on private property with the permission of the owner of the property; or (3) the owner or operator notifies the Secretary that the vessel is not abandoned and the location of the vessel. SEC. 4. PENALTY FOR UNLAWFUL ABANDONMENT OF VESSEL. Thirty days after the notification procedures under section 5(a)(1) are completed, the Secretary may assess a civil penalty of not more than $500 for each day of the violation against an owner or operator that violates section 3. A vessel with respect to which a penalty is assessed under this Act is liable in rem for the penalty. SEC. 5. REMOVAL OF ABANDONED VESSELS. (a) Procedures.-- (1) In general.--The Secretary, in cooperation with the Commandant of the Coast Guard, may remove a vessel that is abandoned if-- (A) an elected official of a local government has notified the Secretary of the vessel and requested that the Secretary remove the vessel; and (B) the Secretary has provided notice to the owner or operator-- (i) that if the vessel is not removed it will be removed at the owner or operator's expense; and (ii) of the penalty under section 4. (2) Form of notice.--The notice to be provided to an owner or operator under paragraph (1)(B) shall be-- (A) if the identity of the owner or operator can be determined, via certified mail; and (B) if the identity of the owner or operator cannot be determined, via an announcement in a notice to mariners and in an official journal of the county (or other equivalent political subdivision) in which the vessel is located. (3) Limitation on liability of united states.--The United States, and any officer or employee of the United States is not liable to an owner or operator for damages resulting from removal of an abandoned vessel under this Act. (b) Liability of Owner or Operator.--The owner or operator of an abandoned vessel is liable, and an abandoned vessel is liable in rem, for all expenses that the United States incurs in removing the abandoned vessel under this Act. (c) Contracting Out.-- (1) Solicitation of bids.--The Secretary may, after providing notice under subsection (a)(1), solicit by public advertisement sealed bids for the removal of an abandoned vessel. (2) Contract.--After solicitation under paragraph (1) the Secretary may award a contract. The contract-- (A) may be subject to the condition that the vessel and all property on the vessel is the property of the vessel removal contractor; and (B) must require the vessel removal contractor to submit to the Secretary a plan for the removal. (3) Commencement date for removal.--Removal of an abandoned vessel may begin 30 days after the Secretary completes the procedures under subsection (a)(1). SEC. 6. LIABILITY OF VESSEL REMOVAL CONTRACTORS. A vessel removal contractor and its subcontractor are not liable for damages that result from actions taken or omitted to be taken in the course of removing a vessel under this Act. This section does not apply-- (1) with respect to personal injury or wrongful death; or (2) if the contractor or subcontractor is grossly negligent or engages in willful misconduct. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal years beginning after September 30, 1996. Such funds shall remain available until expended.

Abandoned and Derelict Vessel Removal Act of 1995 - Prohibits the owner or operator of a vessel from abandoning it on U.S. navigable waters. Sets forth a civil penalty for unlawful abandonment. Authorizes the Secretary of the Army, in cooperation with the Commandant of the Coast Guard, to remove an abandoned vessel provided certain conditions are met. Makes an owner or operator of an abandoned vessel liable for all expenses incurred by the United States for its removal. Provides for the contracting out of removal activities. Shields the contractor from liability for damages during removal, except in cases of gross negligence, willful misconduct, personal injury, or wrongful death. Authorizes appropriations.

Abandoned and Derelict Vessel Removal Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bi-State Aircraft Noise Correction Act of 1996''. SEC. 2. FINDINGS, DECLARATION, AND PURPOSE. (a) Findings.--Congress finds that-- (1) the Expanded East Coast Plan of the Federal Aviation Administration has resulted in significantly increased levels of aircraft noise over New Jersey; (2) over the past 30 years, and especially since the implementation of the Expanded East Coast Plan, relentless noise from aircraft departing from Newark International Airport has adversely affected the residents of northwestern Staten Island, New York; (3) the Federal Aviation Administration has stalled, obfuscated, resisted, and delayed any meaningful attempt to mitigate the aircraft noise problem in New Jersey created by the Administration through implementation of the Expanded East Coast Plan; and (4) the efforts of the Federal Aviation Administration to mitigate aircraft noise levels on Staten Island have been inadequate. (b) Declaration.--Congress declares that the Federal Aviation Administration should remedy the problem it has created, to the maximum extent practicable, by formulating and implementing plans to mitigate aircraft noise over certain areas of New Jersey and Staten Island. (c) Purpose.--It is the purpose of this Act to compel the Administrator to mitigate aircraft noise over certain areas of New Jersey and Staten Island. SEC. 3. REDUCTION IN AIRCRAFT NOISE OVER NEW JERSEY. Not later than 6 months after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration (hereinafter in this Act referred to as the ``Administrator'') shall develop and publish, without compromising safety, a comprehensive plan to reduce aircraft generated noise in New Jersey by 6 decibels (yearly day-night average sound level) for at least 80 percent of the people residing within 18 nautical miles of Newark International Airport, relative to the noise values reported in the Federal Aviation Administration document, ``Environmental Impact Statement, Runway 11 ILS at Newark International Airport (September 16, 1993)'', and excluding regions where aircraft-generated noise exceeds 65 decibels (yearly day-night average sound level). SEC. 4. REDUCTION IN AIRCRAFT NOISE OVER STATEN ISLAND. Not later than 6 months after the date of the enactment of this Act, the Administrator shall develop and publish a plan to investigate and test southbound departure procedures from runway 22 of Newark International Airport that will fully utilize, without compromising safety, all of the allowable and available climbout airspace and that will result in a minimum 25 percent decrease in aircraft noise on the ground in northwestern Staten Island. The Administrator shall also investigate a straight-out southbound departure from runway 22. SEC. 5. OTHER MEASURES. (a) Remediation Efforts.--The Administrator shall undertake such remediation efforts as may be necessary to mitigate aircraft noise within the sound level contour described in section 3 pursuant to part 150 of title 14, Code of Federal Regulations. (b) Nonapplicability of EIS Requirement.--In carrying out the activities under this Act, the Administrator shall not be required to prepare an environmental impact statement in accordance with the National Environment Policy Act of 1969 or any other law. SEC. 6. PROCEDURE. (a) Standing.--In order to ensure compliance with this Act by the Administrator-- (1) the New Jersey Citizens for Environmental Research, and (2) a group to be designated by the Staten Island Borough President, shall have standing in United States district court to compel the Administrator to comply with this Act. (b) Venue.--The venue for any such action shall be the United States district court in Newark, New Jersey. (c) Attorney's Fees.-- (1) Award.--Except as provided in paragraph (2), the Administrator shall pay court costs and reasonable attorney fees incurred by the organizations referred to in subsection (a) with respect to an action to compel the Administrator to comply with this Act. Punitive damages may not be awarded. (2) Limitation.--Paragraph (1) shall not apply if the judge imposes a sanction under rule 11 of the Federal Rules of Civil Procedure on an attorney, law firm, or party in the plaintiff's case or if the suit is dismissed by a judge on a motion by the defendants for summary judgment. SEC. 7. IMPLEMENTATION. (a) Deadlines.--The Federal Aviation Administration shall begin implementation of-- (1) the plan described in section 3 on or before 90th day after the date of publication of the plan; (2) the plan described in section 4 on or before 90th day after the date of publication of the plan; and (3) the plan described in section 3 or 4 on or before 90th day after the date of any judicial order or settlement agreement which is issued or entered into in response to a civil action brought in accordance with section 6(a) and which requires the implementation of such plan. (b) Limitation.--No plan described in section 3 or 4 shall have the effect of reducing aircraft arrivals to or departures from Newark International Airport.

Bi-State Aircraft Noise Correction Act of 1996 - Declares that the Federal Aviation Administration (FAA) should remedy the problem it has created by formulating and implementing plans to mitigate aircraft noise over certain areas of New Jersey and Staten Island. Instructs the FAA Administrator to: (1) develop and publish a plan to reduce aircraft-generated noise in New Jersey by six decibels for at least 80 percent of the people residing within 18 nautical miles of Newark International Airport; (2) investigate and test southbound departure procedures from Newark International Airport runway 22 that will result in a minimum 25 percent decrease in aircraft noise on the ground in northwestern Staten Island; (3) investigate a straight-out southbound departure from runway 22; and (4) undertake remediation efforts to mitigate aircraft noise within a specified sound level contour. Confers standing in Federal district court upon the New Jersey Citizens for Environmental Research (and a group to be designated by the Staten Island Borough President) to compel the Administrator to comply with this Act. Sets deadlines for FAA implementation of this Act.

Bi-State Aircraft Noise Correction Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Audit the Pentagon Act of 2012''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To strengthen American national security by ensuring that-- (A) military planning, operations, weapons development, and a long-term national security strategy are connected to sound financial controls; and (B) defense dollars are spent efficiently. (2) To instill a culture of accountability at the Department of Defense that supports the vast majority of dedicated members of the Armed Forces and civilians who want to ensure proper accounting and prevent waste, fraud, and abuse. SEC. 3. FINDINGS. Congress finds the following: (1) The 2011 Financial Report of the United States Government found that 32 of 35 major Federal agencies received clean audit opinions. Two more, the Department of Homeland Security and the Department of State, received ``qualified'' audit opinions but are making progress. Only the Department of Defense had a ``disclaimer'' because it lacked any auditable reporting or accounting available for independent review. (2) The financial management of the Department of Defense has been on the ``High-Risk'' list of the Government Accountability Office (GAO). The GAO found that the Department is not consistently able to ``control costs; ensure basic accountability; anticipate future costs and claims on the budget; measure performance; maintain funds control; and prevent and detect fraud, waste, and abuse''. (3) At a September 2010 hearing of the Senate, the Government Accountability Office stated that past expenditures by the Department of Defense of $5,800,000,000 to improve financial information, and billions of dollars more of anticipated expenditures on new information technology systems for that purpose, may not suffice to achieve full audit readiness of the financial statement of the Department. At that hearing, the Government Accountability Office could not predict when the Department would achieve full audit readiness of such statements. (4) Section 9 of article 1 of the Constitution of the United States requires all agencies of the Federal Government, including the Department of Defense, to publish ``a regular statement and account of the receipts and expenditures of all public money''. (5) Section 303(d) of the Chief Financial Officers Act of 1990 (Public Law 101-576) required that financial statements be prepared and independently audited for the Department of the Army by March 31, 1992, and for the Department of the Air Force by March 31, 1993. Neither the Department of the Army nor the Department of the Air Force has complied. (6) Section 3515 of title 31, United States Code, requires the agencies of the Federal Government, including the Department of Defense, to present auditable financial statements beginning not later than March 1, 1997. The Department has not complied with this law. (7) The Federal Financial Management Improvement Act of 1996 (31 U.S.C. 3512 note) requires financial systems acquired by the Federal Government, including the Department of Defense, to be able to provide information to leaders to manage and control the cost of government. The Department has not complied with this law. (8) The National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107) requires the Secretary of Defense to report to Congress annually on the reliability of the financial statements of the Department of Defense, to minimize resources spent on producing unreliable financial statements, and to use resources saved to improve financial management policies, procedures, and internal controls. (9) In 2005, the Department of Defense created a Financial Improvement and Audit Readiness (FIAR) Plan, overseen by a directorate within the office of the Under Secretary of Defense (Comptroller), to improve Department business processes with the goal of producing timely, reliable, and accurate financial information that could generate an audit-ready annual financial statement. In December 2005, that directorate, known as the FIAR Directorate, issued the first of a series of semiannual reports on the status of the Financial Improvement and Audit Readiness Plan. (10) The National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84) requires regular status reports on the Financial Improvement and Audit Readiness Plan described in paragraph (9), and codified as a statutory requirement the goal of the Plan in ensuring that Department of Defense financial statements are validated as ready for audit not later than September 30, 2017. SEC. 4. SPENDING REDUCTIONS FOR AGENCIES WITHOUT CLEAN AUDITS. (a) Applicability.-- (1) In general.--Subject to paragraph (2), this section applies to each Federal agency identified by the Director of the Office of Management and Budget as required to have an audited financial statement under section 3515 of title 31, United States Code. (2) Applicability to military departments and defense agencies.--For purposes of paragraph (1), in the case of the Department of Defense, each military department and each Defense Agency shall be treated as a separate Federal agency. (b) Definitions.--In this section, the terms ``financial statement'' and ``external independent auditor'' have the same meanings as those terms have under section 3521(e) of title 31, United States Code. (c) Adjustments for Financial Accountability.-- (1) On March 2 of fiscal year 2013 and each subsequent fiscal year, the discretionary budget authority available for each Federal agency for such fiscal year is adjusted as provided in paragraph (2). (2) If a Federal agency has not submitted a financial statement for the previous fiscal year, or if such financial statement has not received either an unqualified or a qualified audit opinion by an independent external auditor, the discretionary budget authority available for the Federal agency is reduced by 5 percent, with the reduction applied proportionately to each account (other than an account listed in subsection (d) or an account for which a waiver is made under subsection (e)). (3) An amount equal to the total amount of any reduction under paragraph (2) shall be retained in the general fund of the Treasury for the purposes of deficit reduction. (d) Accounts Excluded.--The following accounts are excluded from any reductions referred to in subsection (c)(2): (1) Military personnel, reserve personnel, and National Guard personnel accounts of the Department of Defense. (2) The Defense Health Program account of the Department of Defense. (e) Waiver.--The President may waive subsection (c)(2) with respect to an account if the President certifies that applying the subsection to that account would harm national security or members of the Armed Forces who are in combat. (f) Report.--Not later than 60 days after an adjustment under subsection (c), the Director of the Office of Management and Budget shall submit to Congress a report describing the amount and account of each adjustment. SEC. 5. REPORT ON DEPARTMENT OF DEFENSE REPORTING REQUIREMENTS. Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense (Comptroller) shall submit to Congress a report setting forth the following: (1) A list of each report of the Department of Defense required by law to be submitted to Congress which, in the opinion of the Under Secretary, would no longer be necessary if the financial statements of the Department of Defense were audited with an unqualified opinion. (2) A list of each report of the Department required by law to be submitted to Congress which, in the opinion of the Under Secretary, interferes with the capacity of the Department to achieve an audit of the financial statements of the Department with an unqualified opinion. SEC. 6. SENSE OF CONGRESS. It is the sense of Congress that-- (1) as the overall defense budget is cut, congressional defense committees and the Department of Defense should not endanger the Nation's troops by reducing wounded warrior accounts or vital protection (such as body armor) for members of the Armed Forces in harm's way; (2) the valuation of legacy assets by the Department of Defense should be simplified without compromising essential controls or generally accepted government auditing standards; and (3) nothing in this Act should be construed to require or permit the declassification of accounting details about classified defense programs, and, as required by law, the Department of Defense should ensure financial accountability in such programs using proven practices, including using auditors with security clearances.

Audit the Pentagon Act of 2012 - Requires, on March 2 of FY2013 and each subsequent fiscal year, a 5% reduction in the discretionary budget authority of a federal agency that is identified by the Director of the Office of Management and Budget (OMB) as required to have an audited financial statement: (1) that has not submitted a financial statement for the previous fiscal year, or (2) whose statement has not received either an unqualified or a qualified audit opinion by an independent external auditor. Excludes from such reduction accounts for military, reserve and National Guard personnel and the Defense Health Program account of the Department of Defense (DOD). Authorizes the President to waive a reduction in discretionary budget authority if such reduction would harm national security or members of the Armed Forces who are in combat. Requires a report to Congress listing required DOD reports that would no longer be necessary if the financial statements of DOD were audited with an unqualified opinion or that interfere with DOD's capacity to achieve an audit of its financial statements with an unqualified opinion. Expresses the sense of Congress that: (1) congressional defense committees and DOD should not endanger the nation's troops by reducing wounded warrior accounts or vital protection for members of the Armed Forces in harm's way, (2) the valuation of legacy assets by DOD should be simplified without compromising essential controls or generally accepted government auditing standards, and (3) this Act should not be construed to require or permit the declassification of accounting details about classified defense programs and DOD should ensure financial accountability in such programs. .

To reduce by 5 percent the discretionary budget authority of any Federal agency for a fiscal year if the financial statement of the agency for the previous fiscal year does not receive an unqualified audit opinion by an external independent auditor, and for other purposes.

SECTION 1. LAND EXCHANGE WITH CITY OF GREELEY, COLORADO, AND THE WATER SUPPLY AND STORAGE COMPANY. (a) In General.--If the city of Greeley, Colorado, and The Water Supply and Storage Company, a Colorado mutual ditch company, offer to transfer all their right, title, and interest in and to the Rockwell Ranch property and Timberline Lake property, and The Water Supply and Storage Company designated lands, all described in subsection (b), the Secretary of Agriculture shall, in exchange for such property, transfer to the city and to the company, as they each shall designate, all right, title, and interest of the United States, including the mineral estate, in and to the Federal lands described in subsection (c) within 12 months of the date of the city's and company's offer. (b) City and Company Lands.-- (1) The city and company lands to be exchanged under this section are these lands depicted on maps entitled ``Rockwell Ranch Property Land Exchange'' and ``Timberline Lake Property'' and ``Cameron Pass Lands'' dated ______________ 1995. (2) The Rockwell Ranch property is comprised of 4 parcels containing approximately 520 acres of lands. (3) The Timberline Lake Property is a parcel of approximately 10 acres located in the Comanche Peak Wilderness which shall be conveyed by quit claim deed for the purposes of eliminating any future title conflict between the city of Greeley and the United States in regard to the property. (4) The Cameron Pass Lands consist of 2 parcels totaling approximately 178 acres owned by The Water Supply and Storage Company. (c) Federal Lands To Be Exchanged.--The Federal lands to be exchanged under this section are those lands depicted on the maps referred to in subsection (b) as ``Federal Exchange Lands''. The total area of Federal lands to be exchanged is approximately 1,176 acres, including approximately 447 acres occupied by the city and the company under perpetual easements of the United States Department of the Interior, Numbers D-028135 and D-029149. The Federal lands to be exchanged include the following: (1) All Federal land within the high water contour lines of the following existing reservoirs: Barnes Meadow, Chambers Lake, Comanche, Hourglass, Long Draw, Milton Seaman, Peterson Lake, and Twin Lakes, together with their dams and structures. The high water line is defined as the elevation at the dam crest of each reservoir. (2) A surcharge and operational access area around each reservoir consisting of an average 50 foot horizontal projection from the high water line and an average 100 foot horizontal projection from the outer perimeter of all dams and appurtenant structures, including but not limited to, outlets, measuring devices, spillways, wasteways, toe drains, canals, abutments, and the Peterson Lake operations cabin, as generally depicted on such map. The access area to the east of Long Draw Reservoir will be limited to the extent necessary to convey only those lands within the boundary of the National Forest. (3) Those Federal lands which would be occupied by an enlargement of Seaman Reservoir to an approximate capacity of 43,000 acre feet (but not to exceed 50,000 acre feet), including an average 50 foot horizontally projected buffer zone around the enlarged water line and structures, and an 80-acre parcel of Federal land south of Seaman Reservoir potentially required for a downstream damsite on the North Fork of the Cache la Poudre River, as generally depicted on such map. SEC. 2. TERMS AND CONDITIONS RELATING TO LAND EXCHANGE. The land exchange under section 1 shall be processed in accordance with Forest Service Land Exchange Regulations in part 254 of title 36, Code of Federal Regulations, subpart A subject to the direction in section 1 and the following terms and conditions: (1) The United States shall grant perpetual access easements to the city of Greeley and to The Water Supply and Storage Company to the lands conveyed by the United States under section 1 as part of the consideration of this exchange. The United States shall reserve easements for all designated roads and trails crossing any Federal lands to be conveyed that are necessary to assure public access to adjoining National Forest lands. (2) The city of Greeley, Colorado, and The Water Supply and Storage Company shall continue to make the following facilities accessible to visitors to the Roosevelt National Forest: Chambers, Long Draw, Peterson, Barnes Meadow, Comanche, Seaman and Twin Lakes Reservoirs, under rules and restrictions as determined by the city and the company. (3)(A) All special use permits and/or easements or other instruments authorizing occupancy of the Federal lands identified in section 1(c) are rescinded upon completion of the exchange. (B) The conditions specified in the December 28, 1994, and the January 4, 1995, easements for Long Draw, Peterson Lake and Barnes Meadow Reservoirs requiring a joint operations plan providing instream winter flows to the mainstream of the Cache La Poudre River from Chambers Lake and Barnes Meadow shall continue to be fulfilled regardless of land ownership unless mutually agreed otherwise. (C) No further consultation with the United States Fish and Wildlife Service shall be required for completion of this land exchange. (D) No additional conditions, including instream or bypass flow requirements, shall be required as a condition of this land exchange. (4) The exchange under section 1 does not include any water right owned by the city of Greeley, Colorado, or The Water Supply and Storage Company, except as provided in section 2(5). (5) The city of Greeley's one-half interest in the following rights associated with the Rockwell Ranch property, to wit: Rockwell Ditches No. 1 in the volume of 1.2 c.f.s., No. 2 in the volume of 1.7 c.f.s., No. 3 in the volume of 2.68 c.f.s., No. 4 in the volume of 1.87 c.f.s., No. 5 in the volume of 1.95 c.f.s. and No. 6 in the volume of 2.5 c.f.s., diverting from the South Fork of the Cache la Poudre River, and its tributaries, Little Beaver Creek and the North Fork of Little Beaver Creek, and all with the appropriation date of December 31, 1888, shall be dedicated to the Colorado Water Conservation Board in perpetuity for the instream flow program of the State of Colorado upon completion of the exchange. (6) The Federal Exchange Lands to be exchanged under section 1 shall be conveyed to the city of Greeley and to The Water Supply and Storage Company by means of a land exchange deed issued by an authorized officer of the United States Department of Agriculture, Forest Service, and notwithstanding any other requirements of law, the Secretary of Agriculture is authorized to conduct and approve all cadastral surveys necessary for completion of the exchange. (7) Values of the respective lands exchanged between the United States and the city of Greeley and The Water Supply and Storage Company pursuant to section 1 are deemed to be of approximately equal value, without any need for cash equalization, as based on statements of value prepared by a qualified Forest Service Review Appraiser. (8) It is recognized that some Federal lands to be conveyed to the city of Greeley and The Water Supply and Storage Company will create new holdings in otherwise consolidated areas of Federal ownership. If the city or the company decide to permanently discontinue reservoir operations on any of the properties acquired through this exchange, the United States Forest Service, Arapaho-Roosevelt National Forest Supervisor shall be advised of the intent to perform nonreconstructive breaching of the dam for purposes of permanently terminating reservoir operations. Upon such notification, the United States Forest Service will be afforded the opportunity to reacquire property at fair market value or exchange or upon such other terms and conditions as the parties may agree for a period of time not to exceed one year. (9) The Federal lands to be exchanged under section 1, with the exception of the Seaman Reservoir enlargement area and potential new damsite below Seaman Reservoir on the North Fork of the Cache la Poudre River, are already fully developed and authorized for occupancy by the city of Greeley and The Water Supply and Storage Company. Therefore, this land exchange may be completed without further inventory or consultation under the National Historic Preservation Act. Should the city of Greeley seek enlargement of Seaman Reservoir or construction of a new dam on the North Fork of the Poudre River below Seaman Reservoir for a Seaman Reservoir Enlargement, the site will be subject to all Federal statutes and regulations applicable at the time of proposed construction. (10) The Forest Service shall grant a 20-year easement to the city of Greeley for use of the existing cabin in the north half of the southwest quarter of Section 30, Township 8 North, Range 72 West. The easement shall allow the use of the cabin, other improvements, and access to the forest lands nearby. The access road shall be available for city employees to access the cabin for recreational purposes and to the United States Forest Service for administrative purposes. (11) The Forest Service shall grant a 20-year easement to the city of Greeley for use of approximately 1 acre of land under the existing cabin in the vicinity of Jacks Gulch Campground on Pingree Road as depicted on the attached map. The easement shall include the administrative use of the access road to the cabin and the reservation of the use of the cabin to those permitted under the existing special use permit. SEC. 3. ADMINISTRATION OF LANDS ACQUIRED BY THE UNITED STATES. The Rockwell Ranch, Timberline Lake, and Cameron Pass Lands acquired by the United States under this Act shall be added to and administered as part of the Roosevelt National Forest. Those portions of such property located within a wilderness area shall be added to and administered as part of the wilderness area. SEC. 4. BOUNDARY MODIFICATION OF THE ARAPAHO NATIONAL FOREST AND ROOSEVELT NATIONAL FOREST. (a) In General.--In order to provide for more efficient administration of certain Federal lands adjoining the Arapaho National Forest and Roosevelt National Forest, the exterior boundary of the Arapaho Forest is hereby modified as shown on Department of Agriculture, Forest Service map entitled ``Boundary Modification, Arapaho National Forest'' dated ____, 1995, and the exterior boundary of the Roosevelt Forest is hereby modified as shown on Department of Agriculture, Forest Service map entitled ``Boundary Modification, Roosevelt National Forest'', dated ____, 1995. The maps and a legal description of the boundary changes shall be on file and available for public inspection in the offices of the Chief of the Forest Service and appropriate field offices. (b) Administration.--All Federal lands brought within the boundary of the Arapaho National Forest and Roosevelt National Forest by this Act are hereby added to the Arapaho National Forest and Roosevelt National Forest, respectively, and shall be administered in accordance with the laws, rules, and regulations applicable to the National Forest System. (c) Availability of Certain Lands.--For the purpose of section 7 of the Land and Water Conservation Act of 1965 (16 U.S.C. 460l-9), the boundary of the Arapaho National Forest and Roosevelt National Forest, as modified by this section, shall be treated as if it were the boundary of that forest as of January 1, 1965.

Directs the Secretary of Agriculture to transfer specified Federal lands to the city of Greeley, Colorado, and The Water Supply and Storage Company, a Colorado mutual ditch company if the city and the company offer to transfer to the United States the Rockwell Ranch and Timberline Lake property and specified company-designated lands. Specifies exchange terms and conditions, including that: (1) the United States shall grant perpetual access easements to the city and the company to the lands conveyed; (2) the city and the company shall continue to make specified facilities accessible to visitors to the Roosevelt National Forest; (3) all special use permits, easements or other instruments authorizing occupancy of certain identified Federal lands are rescinded; (4) conditions specified in certain easements for Long Draw, Peterson Lake, and Barnes Meadow Reservoirs requiring a joint operations plan providing instream winter flows to the mainstream of the Cache La Poudre River from Chambers Lake and Barnes Meadow shall continue to be fulfilled regardless of land ownership unless mutually agreed otherwise; and (5) the United States Forest Service shall grant a 20-year easement to the city for use of approximately one acre of land under the existing cabin in the vicinity of Jacks Gulch Campground on Pingree Road. Directs that the Rockwell Ranch, Timberline Lake, and Cameron Pass Lands acquired by the United States under this Act be added to and administered as part of the Roosevelt National Forest. Modifies the boundary of the Arapaho and Roosevelt National Forests to provide for more efficient administration of certain Federal lands adjoining such Forests.

To provide for an exchange of lands with the city of Greeley, Colorado, and The Water Supply and Storage Company to eliminate private inholdings in wilderness areas, to cause instream flows to be created above a Wild and Scenic River, to eliminate potential development on private inholdings within the Forest boundary, to reduce the need for future water reservoirs, to reduce the number of Federal land use authorizations, and to improve the security of the water supply of the city and the company, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telehealth Modernization Act of 2013''. SEC. 2. FINDINGS. Congress finds the following: (1) Telehealth technologies can transform health care delivery by improving access to quality care by removing traditional barriers to health care delivery such as distance, mobility, and time constraints. (2) Telehealth is a mode of delivering health care utilizing information and communication technologies to enable the diagnosis, consultation, treatment, and care management of patients by health care providers. (3) The use of information and telecommunication technologies to deliver health care has the potential to reduce costs, improve quality, change conditions of practice, and improve access to health care, particularly in rural and medically underserved areas. (4) A lack of primary care providers, specialty providers, and transportation continues to be a significant barrier to access to health care in medically underserved rural and urban areas. (5) Parts of the nation have difficulty attracting and retaining health professionals, as well as supporting local health facilities to provide a continuum of health care. (6) Many health care providers in medically underserved areas are isolated from mentors, colleagues, and the information resources necessary to support them personally and professionally. (7) A patchwork of state regulatory environments poses legal and regulatory hurdles that are inhibiting the proliferation of private-sector telehealth innovations and have created significant uncertainty for the telehealth community. (8) As of June 2013, 40 out of 50 states have introduced legislation addressing telehealth policy, with wide variations in how telehealth is defined. (9) To help clarify this uncertainty and provide States with appropriate guidance, Congress should provide a workable Federal definition of telehealth that ensures the highest common denominator of care while facilitating future innovation. (10) The fundamental health care provider-patient relationship cannot only be preserved through a Federal definition of telehealth, but also can be established, augmented, and enhanced through the use of telehealth. SEC. 3. FEDERAL STANDARD FOR TELEHEALTH. (a) In General.--If a State authorizes a health care professional to deliver health care to an individual, the State should also authorize the health care professional to deliver such health care to such individual through telehealth, subject to the conditions specified in subsection (b). (b) Conditions.--The following are conditions for the delivery of health care through telehealth by a health care professional to an individual that States should consider adopting: (1) Accessibility and review of medical history.--The health care professional should have access to the medical history of the individual, and should review such medical history with the individual, to the same extent that the health care professional would have access to such medical history and would review such medical history if delivering the health care in person. (2) Identification of underlying conditions and contraindications.--To the extent practicable, the health care professional should attempt to identify the conditions underlying the symptoms, if any, reported by the individual before such professional provides any diagnosis or treatment to the individual. In the case that the health care professional recommends a treatment to the individual, the health care professional should review with the individual the contraindications to the recommended treatment. (3) Diagnosis.--Subject to the professional discretion of the health care professional, such professional should have a conversation with the individual adequate to establish any diagnosis rendered. (4) Document evaluation, medical records, and provision of medical information.--The health care professional should document the evaluation and treatment delivered to the individual, if any, for the purpose of generating a medical record of the encounter. At the option of the individual, the health care professional should-- (A) provide the individual with medical information, in standard medical record format, about such evaluation and treatment; and (B) send any documentation concerning such evaluation and treatment to one or more selected health care professionals responsible for the care of the individual. (5) Transparency regarding professional credentials.--At the option of the individual, the health care professional should provide to the individual, in electronic and paper format, information regarding the health care education, certification, and credentials of the health care professional. (6) No assurance concerning items or services.--The health care professional should offer no assurance to the individual that any item or service, including a prescription, will be issued or provided-- (A) in exchange for the payment of the consultation fee charged by the health care professional; or (B) solely in response to the individual completing a form or questionnaire. (7) Prescription requirements.--Any prescription issued by the health care professional as part of the health care delivered to the individual should meet the following requirements: (A) The prescription is issued for a legitimate medical purpose in the usual course of professional practice. (B) The prescription is issued by a health care professional who has obtained a medical history and conducted an evaluation of the individual to whom such prescription is issued adequate to establish a diagnosis. (C) The prescription is not for a drug or substance in schedule II, III, or IV of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). (D) The prescription is filled by an appropriately licensed dispensing entity. (c) Construction.--Nothing in this section shall be construed to-- (1) change the application of the HIPAA privacy regulations (as defined in section 1180(b)(3) of the Social Security Act (42 U.S.C. 1320d-9(b)(3))) with respect to a health care professional's provision of telehealth; or (2) affect the standard of care for medical or clinical appropriateness as established by State law or policy. (d) Definitions.--For purposes of this section: (1) Telehealth.--The term ``telehealth'' means, with respect to health care that a health care professional is authorized to deliver to an individual in person under State law, such health care delivered by such health care professional to such individual not in person, from any location to any other location, and by means of real-time video, secure chat or secure email, or integrated telephony. (2) Health care professional.--The term ``health care professional'' means, with respect to health care, a physician or practitioner who is authorized under law to deliver such health care in person.

Telehealth Modernization Act of 2013 - Calls for states to authorize health care professionals to deliver health care to individuals through telehealth and to consider adopting conditions under which such a professional should: have access to the individual's medical history and should review it with the individual as if delivering the health care in person; attempt to identify any conditions underlying the symptoms reported by the individual before providing any diagnosis or treatment and, if recommending a treatment, should review with the individual the contraindications to such treatment; have a conversation with the individual adequate to establish any diagnosis rendered; document any evaluation and treatment delivered to the individual for the purpose of generating a medical record of the encounter; provide to the individual information regarding the professional's health care education, certification, and credentials; offer no assurance to the individual that any item or service will be issued or provided in exchange for the payment of the consultation fee or solely in response to the individual completing a form or questionnaire; and issue, as part of the health care delivered, only a prescription that is issued for a legitimate medical purpose in the usual course of professional practice, that is issued by a health care professional who has obtained a medical history and conducted an evaluation adequate to establish a diagnosis, that is not for a drug or substance in schedule II, III, or IV of the Controlled Substances Act, and that is filled by a licensed dispensing entity.

Telehealth Modernization Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering State Forestry to Improve Forest Health Act of 2017''. SEC. 2. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION PROGRAM. (a) In General.--Section 13A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109a) is amended to read as follows: ``SEC. 13A. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION PROGRAM. ``(a) Purpose.--The purpose of this section is to establish a landscape-scale restoration program to support landscape-scale restoration and management that results in measurable improvements to public benefits derived from State and private forest land, as identified in-- ``(1) a State-wide assessment described in section 2A(a)(1); and ``(2) a long-term State-wide forest resource strategy described in section 2A(a)(2). ``(b) Definitions.--In this section: ``(1) Private forest land.--The term `private forest land' means land that-- ``(A)(i) has existing tree cover; or ``(ii) is suitable for growing trees; and ``(B) is owned by-- ``(i) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); or ``(ii) any private individual or entity. ``(2) Regional.--The term `regional' means of any region of the National Association of State Foresters. ``(3) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Chief of the Forest Service. ``(4) State forest land.--The term `State forest land' means land that is owned by a State or unit of local government. ``(5) State forester.--The term `State Forester' means a State Forester or equivalent State official. ``(c) Establishment.--The Secretary, in consultation with State Foresters or other appropriate State agencies, shall establish a landscape-scale restoration program-- ``(1) to provide financial and technical assistance for landscape-scale restoration projects on State forest land or private forest land; and ``(2) that maintains or improves benefits from trees and forests on that land. ``(d) Requirements.--The landscape-scale restoration program established under subsection (c) shall-- ``(1) measurably address the national private forest conservation priorities described in section 2(c); ``(2) enhance public benefits from trees and forests, as identified in-- ``(A) a State-wide assessment described in section 2A(a)(1); and ``(B) a long-term State-wide forest resource strategy described in section 2A(a)(2); and ``(3) in accordance with the purposes described in section 2(b), have one or more objectives including-- ``(A) protecting or improving water quality or quantity; ``(B) reducing wildfire risk, including through hazardous fuels treatment; ``(C) protecting or enhancing wildlife habitat, consistent with wildlife objectives established by the applicable State fish and wildlife agency; ``(D) improving forest health and forest ecosystems, including addressing native, nonnative, and invasive pests; or ``(E) enhancing opportunities for new and existing markets in which the production and use of wood products strengthens local and regional economies. ``(e) Measurement.--The Secretary, in consultation with State Foresters, shall establish a measurement system, including measurement tools, that-- ``(1) consistently measures the results of landscape-scale restoration projects described in subsection (c); and ``(2) is consistent with the measurement systems of other Federal programs delivered by State Foresters. ``(f) Use of Amounts.-- ``(1) Allocation.--Of amounts made available for the landscape-scale restoration program established under subsection (c), the Secretary shall allocate-- ``(A) 50 percent for the competitive process in accordance with subsection (g); and ``(B) 50 percent proportionally to States, in consultation with State Foresters-- ``(i) to maximize the achievement of the objectives described in subsection (d)(3); and ``(ii) to address the highest national priorities, as identified in-- ``(I) State-wide assessments described in section 2A(a)(1); and ``(II) long-term State-wide forest resource strategies described in section 2A(a)(2). ``(2) Multiyear projects.--The Secretary may provide amounts under this section for multiyear projects. ``(g) Competitive Process.-- ``(1) In general.--The Secretary shall distribute amounts described in subsection (f)(1)(A) through a competitive process for landscape-scale restoration projects described in subsection (c) to maximize the achievement of the objectives described in subsection (d)(3). ``(2) Eligibility.--To be eligible for funding through the competitive process described in paragraph (1), a State Forester, or another entity on approval of the State Forester, shall submit to the Secretary one or more landscape-scale restoration proposals that-- ``(A) in accordance with paragraph (3)(A), include priorities identified in-- ``(i) State-wide assessments described in section 2A(a)(1); and ``(ii) long-term State-wide forest resource strategies described in section 2A(a)(2); ``(B) identify one or more measurable results to be achieved through the project; ``(C) to the maximum extent practicable, include activities on all land necessary to accomplish the measurable results in the applicable landscape; ``(D) to the maximum extent practicable, are developed in collaboration with other public and private sector organizations and local communities; and ``(E) derive not less than 50 percent of the funding for the project from non-Federal sources, unless the Secretary determines-- ``(i) the applicant is unable to derive not less than 50 percent of the funding for the project from non-Federal sources; and ``(ii) the benefits of the project justify pursuing the project. ``(3) Prioritization.--The Secretary-- ``(A) shall give priority to projects that, as determined by the Secretary, best carry out priorities identified in State-wide assessments described in section 2A(a)(1) and long-term State-wide forest resource strategies described in section 2A(a)(2), including-- ``(i) involvement of public and private partnerships; ``(ii) inclusion of cross-boundary activities on-- ``(I) Federal forest land; ``(II) State forest land; or ``(III) private forest land; ``(iii) involvement of areas also identified for cost-share funding by the Natural Resources Conservation Service or any other relevant Federal agency; ``(iv) protection or improvement of water quality or quantity; ``(v) reduction of wildfire risk; ``(vi) protection or enhancement of wildlife habitat, consistent with wildlife objectives established by the applicable State fish and wildlife agency; ``(vii) improvement of forest health, including addressing native, nonnative, and invasive pests; ``(viii) enhancement of opportunities for new and existing markets in which the production and use of wood products strengthens local and regional economies; and ``(ix) otherwise addressing the national private forest conservation priorities described in section 2(c); and ``(B) may give priority to projects in proximity to other landscape-scale projects on other land under the jurisdiction of the Secretary, the Secretary of the Interior, or a Governor of a State, including-- ``(i) ecological restoration treatments under the Collaborative Forest Landscape Restoration Program established under section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303); ``(ii) projects on landscape-scale areas designated for insect and disease treatment under section 602 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a); ``(iii) authorized restoration services under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a); ``(iv) watershed restoration and protection services under section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (Public Law 106-291; 16 U.S.C. 1011 note); ``(v) stewardship end result contracting projects under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c); or ``(vi) projects under other relevant programs, as determined by the Secretary. ``(4) Proposal review.-- ``(A) In general.--The Secretary shall establish a process for the review of proposals submitted under paragraph (2) that ranks each proposal based on-- ``(i) the extent to which the proposal would achieve the requirements described in subsection (d); and ``(ii) the priorities described in paragraph (3)(A). ``(B) Regional review.--The Secretary may carry out the process described in subparagraph (A) at a regional level. ``(h) Report.--Not later than 3 years after the date of enactment of the Empowering State Forestry to Improve Forest Health Act of 2017, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing-- ``(1) the status of the development, execution, and administration of landscape-scale projects selected under the program under this section; ``(2) an accounting of expenditures under the program under this section; and ``(3) specific accomplishments that have resulted from landscape-scale projects under the program under this section. ``(i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary for the landscape-scale restoration program established under subsection (c) $30,000,000 for each of fiscal years 2017 through 2021, to remain available until expended.''. SEC. 3. PROMOTING CROSS-BOUNDARY WILDFIRE MITIGATION. Section 103 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6513) is amended-- (1) in subsection (d), by adding at the end the following: ``(3) Cross-boundary considerations.--For any fiscal year for which the amount appropriated for hazardous fuels reduction is in excess of $300,000,000, the Secretary-- ``(A) is encouraged to use the excess amounts for projects that include cross-boundary consideration; and ``(B) of that excess amount, may use, through grants to State Foresters, to support hazardous fuel reduction projects on non-Federal land in accordance with subsection (e) an amount equal to the greater of-- ``(i) 20 percent; and ``(ii) $20,000,000.''; and (2) by adding at the end the following: ``(e) Cross-Boundary Fuels Reduction Projects.-- ``(1) In general.--To the maximum extent practicable, the Secretary shall use the funds described in subsection (d)(3) to support hazardous fuel reduction projects that incorporate treatments in landscapes across ownership boundaries on Federal, State, county, or tribal land, private land, and other non-Federal land, particularly in areas identified as priorities in applicable State-wide forest resource assessments or strategies under section 2A(a) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101a(a)), as mutually agreed to by the State Forester and the Regional Forester. ``(2) Land treatments.--To conduct and fund treatments for projects that include Federal and non-Federal land, the Secretary may-- ``(A) use the authorities of the Secretary relating to cooperation and technical and financial assistance, including the good neighbor authority under-- ``(i) section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a); and ``(ii) section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (16 U.S.C. 1011 note; Public Law 106- 291); and ``(B) allocate cross-boundary wildfire mitigation funds, in accordance with subsection (d)(3) and paragraph (1), for projects carried out pursuant to that section (16 U.S.C. 2113a). ``(3) Cooperation.--In carrying out this subsection, the State Forester, in consultation with the Secretary (or a designee)-- ``(A) shall consult with the owners of State, county, tribal, and private land and other non-Federal land with respect to hazardous fuels reduction projects; and ``(B) shall not implement any project on non- Federal land without the consent of the owner of the non-Federal land. ``(4) Existing laws.--Regardless of the individual or entity implementing a project on non-Federal land under this subsection, only the laws and regulations that apply to non- Federal land shall be applicable with respect to the project.''.

Empowering State Forestry to Improve Forest Health Act of 2017 This bill amends the Cooperative Forestry Assistance Act of 1978 to direct the Forest Service to establish a landscape-scale restoration program to provide financial and technical assistance for landscape-scale restoration projects on state and private forest lands that maintain or improve benefits from trees and forests on such lands. The program shall: address the national private forest conservation priorities specified under the Act; and enhance public benefits from trees and forests, as identified in a state-wide assessment and a long-term state-wide forest resource strategy under the Act. The program shall also have one or more objectives, including to: protect or improve water quality or quantity; reduce wildfire risk, including through hazardous fuels treatment; protect or enhance wildlife habitat; improve forest health and forest ecosystems, including addressing native, nonnative, and invasive pests; or enhance opportunities for new and existing markets in which the production and use of wood products strengthens local and regional economies. The Forest Service shall allocate from the amounts made available under this bill: 50% for the competitive process for distributing funds for landscape-scale restoration projects; and 50% proportionally to states to maximize the achievement of the restoration program's objectives and to address the highest national priorities, as identified in state-wide assessments and long-term state-wide forest resource strategies. The bill amends the Healthy Forests Restoration Act of 2003 to allocate funds and use specified authorities of the Department of Agriculture or of the Department of the Interior, as appropriate, to assist cross-boundary hazardous fuel reduction and wildfire mitigation programs.

Empowering State Forestry to Improve Forest Health Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Contract Equity Act of 2000''. SEC. 2. PROCEDURES FOR BUNDLING CONTRACTS. (a) Procedures for Bundling of Contracts.--Notwithstanding any other law, the following procedures shall apply to a solicitation that is issued by an executive department or agency for the procurement of goods or services and that the head of the department or agency determines would result in the displacement of small-business concerns: (1) Submission of draft solicitation.--The head of the department or agency shall forward, at least 20 days prior to the publication of any solicitation for goods or services in Commerce Business Daily (or its electronic successor), a draft of such solicitation to the Administrator of the Small Business Administration, for determination by the Administrator whether the draft solicitation would result in a bundled contract. (2) Determination.--Not later than 10 days after the date of receipt of the draft solicitation, the Administrator shall make the determination described in paragraph (1) and submit such determination to the head of the department or agency. If the Administrator concludes that the draft solicitation would result in a bundled contract, the head of the department or agency may not publish the solicitation until the department or agency head undertakes market research for the proposed solicitation as described in section 15(e) of the Small Business Act (15 U.S.C. 644(e)) and the regulations promulgated thereunder on December 27, 1999. (3) Study.--Not later than 45 days after the date that the Administrator has made the determination under paragraph (2), the head of the department or agency shall submit to the Administrator a study to support the proposed bundled contract which demonstrates measurable savings as set forth in the regulations implementing the Small Business Reauthorization Act of 1997 (Public Law 105-135; 111 Stat. 2592) (including the amendments made by that Act), and that the quality of the goods or services to be procured under the draft solicitation are equal in quality to the goods or services currently obtained by the head of the department or agency. (4) Review of study.--Not later than 10 days after the submission of the study, the Administrator shall determine whether the study meets the standards set forth in the Small Business Reauthorization Act of 1997 (including the amendments made by that Act) and the regulations promulgated thereunder on December 27, 1999. The Administrator shall specify in writing any deficiencies in the study and proposed changes to the draft solicitation (including, but not limited to, the reduction in size or scope of the draft solicitation) so as to comply with the requirements in such Act and regulations. If the head of the agency does not concur in a determination of the Administrator under this paragraph, the head of the agency may appeal the determination to the Director of the Office of Management and Budget, who shall either grant or deny the appeal within 5 days. Any determination by the Director shall be final. The Director may delegate his duties set forth in this paragraph to a subordinate official within the Office of Management and Budget appointed by the President with the advice and consent of the Senate. (5) Publication of solicitation.--If the Administrator determines that the study meets the standards set forth in the Small Business Reauthorization Act of 1997 and the regulations promulgated thereunder, and that the goals described in section 15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)) for the fiscal year prior to the fiscal year in which the draft solicitation was forwarded to the Administrator under paragraph (1) have been met, the head of the department or agency may publish the solicitation in Commerce Business Daily (or its electronic successor). (6) Revision of solicitation.--If the Administrator determines that the study does not meet such standards, the head of the department or agency shall revise the solicitation and perform a new study pursuant to the procedures set forth in paragraphs (1) through (3). (b) Waiver.-- (1) In general.--The requirements of subsection (a) may be waived by the Administrator if the Administrator determines that an unusual or unexpected exigency justifies a waiver. (2) Appeal.--The head of an agency may appeal any waiver request to the Director of the Office of Management and Budget, who shall either grant or deny the appeal within 5 days. Any determination by the Director shall be final. The Director may delegate the duties set forth in this paragraph to a subordinate official within the Office of Management and Budget appointed by the President with the advice and consent of the Senate. (c) Definitions.--In this section, the term-- (1) ``bundled contract'' means any contract, irrespective of benefit or dollar value, that displaces two or more small- business concerns; and (2) ``small-business concern'' has the meaning given that term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)). (d) Regulations.--The Administrator shall promulgate regulations to implement this section according to the following procedures: (1) Not later than 30 days after the date of enactment of this Act, the Administrator shall publish, for notice and comment, proposed rules to implement this section. (2) The Administrator shall receive comments on the proposed rules for 45 days. At the close of the comment period, the Administrator shall consult with the department or agency head on the promulgation of final rules. (3) If no final rule has been published within 120 days after the effective date of this Act, the regulations published in proposed form pursuant to paragraph (1) shall become final. SEC. 3. PROHIBITION ON BUNDLING OF CONTRACT REQUIREMENTS BY AGENCIES THAT FAIL TO MEET CERTAIN SMALL BUSINESS PROCUREMENT PARTICIPATION GOALS. (a) Prohibition on Bundling of Contract Requirements.-- (1) In General.--Section 15(e) of the Small Business Act (15 U.S.C. 644(e)) is amended by adding at the end the following: ``(5) Restriction on bundling of contract requirements.--If a report submitted under subsection (h)(2) includes a finding that an agency failed, in any fiscal year covered by the report, to attain any goal described in subsection (g)(2), the agency may not award a contract that is determined by the Administrator to be a bundled contract under section 2 or solicit offers for a bundled contract for the duration of the fiscal year beginning on the first October 1 after the submission of the report.''. (2) Applicability.--The amendment made by paragraph (1) shall apply only to-- (A) solicitations of offers to contract issued on or after October 1, 2000; and (B) contracts awarded pursuant to such solicitations. (b) Deadlines Relating to Determination of Goal Attainment.-- Section 15(h) of the Small Business Act (15 U.S.C. 644(h)) is amended-- (1) in paragraph (2) in the first sentence, by inserting ``by not later than December 31 of each year'' before the period at the end; and (2) by adding at the end the following: ``(4) By not later than September 15 of each year, the Administrator of General Services shall transmit to the Administration a preliminary report, for the period beginning on October 1 and ending on August 31 of the previous year, containing data and information, obtained from the Federal Procurement Data System, demonstrating the extent to which each agency met each goal set forth in subsection (g)(2). Not later than October 15 of each year, the Administrator of General Services shall transmit to the Administration a final report containing such data for the previous year.''.

Amends the Small Business Act to prohibit agencies that fail to attain small business procurement participation goals from awarding or soliciting offers for bundled contracts.

Small Business Contract Equity Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Transportation Terrorism Prevention Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) 182 public transportation systems throughout the world have been primary target of terrorist attacks; (2) more than 6,000 public transportation agencies operate in the United States; (3) people use public transportation vehicles 33,000,000 times each day; (4) the Federal Transit Administration has invested $84,800,000,000 since 1992 for construction and improvements; (5) the Federal Government appropriately invested nearly $24,000,000,000 in fiscal years 2002 through 2006 to protect our Nation's aviation system; (6) the Federal Government has allocated $386,000,000 in fiscal years 2003 through 2006 to protect public transportation systems in the United States; and (7) the Federal Government has invested $7.53 in aviation security improvements per passenger boarding, but only $0.008 in public transportation security improvements per passenger boarding. SEC. 3. SECURITY ASSESSMENTS. (a) Public Transportation Security Assessments.-- (1) Submission.--Not later than 30 days after the date of the enactment of this Act, the Federal Transit Administration of the Department of Transportation shall submit all public transportation security assessments and all other relevant information to the Secretary. (2) Review.--Not later than July 31, 2007, the Secretary shall review and augment the security assessments received under paragraph (1). (3) Allocations.--The Secretary shall use the security assessments received under paragraph (1) as the basis for allocating grant funds under section 4, unless the Secretary notifies the Committee on Banking, Housing, and Urban Affairs of the Senate that the Secretary has determined an adjustment is necessary to respond to an urgent threat or other significant factors. (4) Security improvement priorities.--Not later than September 30, 2007, the Secretary of Homeland Security, after consultation with the management and employee representatives of each public transportation system for which a security assessment has been received under paragraph (1) and with appropriate State and local officials, shall establish security improvement priorities that will be used by public transportation agencies for any funding provided under section 4. (5) Updates.--Not later than July 31, 2008, and annually thereafter, the Secretary shall-- (A) update the security assessments referred to in this subsection; and (B) conduct security assessments of all public transportation agencies considered to be at greatest risk of a terrorist attack. (b) Use of Security Assessment Information.--The Secretary shall use the information collected under subsection (a)-- (1) to establish the process for developing security guidelines for public transportation security; and (2) to design a security improvement strategy that-- (A) minimizes terrorist threats to public transportation systems; and (B) maximizes the efforts of public transportation systems to mitigate damage from terrorist attacks. (c) Bus and Rural Public Transportation Systems.--Not later than July 31, 2007, the Secretary shall conduct security assessments, appropriate to the size and nature of each system, to determine the specific needs of-- (1) local bus-only public transportation systems; and (2) selected public transportation systems that receive funds under section 5311 of title 49, United States Code. SEC. 4. SECURITY ASSISTANCE GRANTS. (a) Capital Security Assistance Program.-- (1) In general.--The Secretary shall award grants directly to public transportation agencies for allowable capital security improvements based on the priorities established under section 3(a)(4). (2) Allowable use of funds.--Grants awarded under paragraph (1) may be used for-- (A) tunnel protection systems; (B) perimeter protection systems; (C) redundant critical operations control systems; (D) chemical, biological, radiological, or explosive detection systems; (E) surveillance equipment; (F) communications equipment; (G) emergency response equipment; (H) fire suppression and decontamination equipment; (I) global positioning or automated vehicle locator type system equipment; (J) evacuation improvements; and (K) other capital security improvements. (b) Operational Security Assistance Program.-- (1) In general.--The Secretary shall award grants directly to public transportation agencies for allowable operational security improvements based on the priorities established under section 3(a)(4). (2) Allowable use of funds.--Grants awarded under paragraph (1) may be used for-- (A) security training for public transportation employees, including bus and rail operators, mechanics, customer service, maintenance employees, transit police, and security personnel; (B) live or simulated drills; (C) public awareness campaigns for enhanced public transportation security; (D) canine patrols for chemical, biological, or explosives detection; (E) overtime reimbursement for enhanced security personnel during significant national and international public events, consistent with the priorities established under section 3(a)(4); and (F) other appropriate security improvements identified under section 3(a)(4), excluding routine, ongoing personnel costs. (c) Coordination With State Homeland Security Plans.--In establishing security improvement priorities under section 3(a)(4) and in awarding grants for capital security improvements and operational security improvements under subsections (a) and (b), respectively, the Secretary shall ensure that the actions of the Secretary are consistent with relevant State Homeland Security Plans. (d) Multi-State Transportation Systems.--In cases where a public transportation system operates in more than 1 State, the Secretary shall give appropriate consideration to the risks of the entire system, including those portions of the States into which the system crosses, in establishing security improvement priorities under section 3(a)(4), and in awarding grants for capital security improvements and operational security improvements under subsections (a) and (b), respectively. (e) Congressional Notification.--Not later than 3 days before the award of any grant under this section, the Secretary shall notify the Committee on Homeland Security and Governmental Affairs and the Committee on Banking, Housing, and Urban Affairs of the Senate of the intent to award such grant. (f) Public Transportation Agency Responsibilities.--Each public transportation agency that receives a grant under this section shall-- (1) identify a security coordinator to coordinate security improvements; (2) develop a comprehensive plan that demonstrates the agency's capacity for operating and maintaining the equipment purchased under this section; and (3) report annually to the Secretary on the use of grant funds received under this section. (g) Return of Misspent Grant Funds.--If the Secretary determines that a grantee used any portion of the grant funds received under this section for a purpose other than the allowable uses specified for that grant under this section, the grantee shall return any amount so used to the Treasury of the United States. SEC. 5. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM. (a) In General.--Not later than 90 days after the date of enactment of this section, the Secretary, in consultation with appropriate law enforcement, security, and terrorism experts, representatives of public transportation owners and operators, and nonprofit employee organizations that represent public transportation workers, shall develop and issue detailed regulations for a public transportation worker security training program to prepare public transportation workers, including front-line transit employees such as bus and rail operators, mechanics, customer service employees, maintenance employees, transit police, and security personnel, for potential threat conditions. (b) Program Elements.--The regulations developed under subsection (a) shall require such a program to include, at a minimum, elements that address the following: (1) Determination of the seriousness of any occurrence. (2) Crew and passenger communication and coordination. (3) Appropriate responses to defend oneself. (4) Use of protective devices. (5) Evacuation procedures (including passengers, workers, and those with disabilities). (6) Psychology of terrorists to cope with hijacker behavior and passenger responses. (7) Live situational training exercises regarding various threat conditions, including tunnel evacuation procedures. (8) Any other subject the Secretary considers appropriate. (c) Required Programs.-- (1) In general.--Not later than 90 days after the Secretary issues regulations under subsection (a) in final form, each public transportation system that receives a grant under this Act shall develop a public transportation worker security training program in accordance with those regulations and submit it to the Secretary for approval. (2) Approval.--Not later than 30 days after receiving a public transportation system's program under paragraph (1), the Secretary shall review the program and approve it or require the public transportation system to make any revisions the Secretary considers necessary for the program to meet the regulations requirements. A public transit agency shall respond to the Secretary's comments within 30 days after receiving them. (d) Training.-- (1) In general.--Not later than 1 year after the Secretary approves the training program developed by a public transportation system under subsection (c), the public transportation system owner or operator shall complete the training of all public transportation workers in accordance with that program. (2) Report.--The Secretary shall review implementation of the training program of a representative sample of public transportation systems and report to the Senate Committee on Banking, Housing and Urban Affairs, House of Representatives Committee on Transportation and Infrastructure, the Senate Homeland Security and Government Affairs Committee and the House of Representatives Committee on Homeland Security, on the number of reviews conducted and the results. The Secretary may submit the report in both classified and redacted formats as necessary. (e) Updates.-- (1) In general.--The Secretary shall update the training regulations issued under subsection (a) from time to time to reflect new or different security threats, and require public transportation systems to revise their programs accordingly and provide additional training to their workers. (2) Program revisions.--Each public transit operator shall revise their program in accordance with any regulations under paragraph (1) and provide additional training to their front- line workers within a reasonable time after the regulations are updated. SEC. 6. INTELLIGENCE SHARING. (a) Intelligence Sharing.--The Secretary of Homeland Security shall ensure that the Department of Transportation receives appropriate and timely notification of all credible terrorist threats against public transportation assets in the United States. (b) Information Sharing Analysis Center.-- (1) Establishment.--The Secretary of Homeland Security shall provide sufficient financial assistance for the reasonable costs of the Information Sharing and Analysis Center for Public Transportation (referred to in this subsection as the ``ISAC'') established pursuant to Presidential Directive 63, to protect critical infrastructure. (2) Public transportation agency participation.--The Secretary-- (A) shall require those public transportation agencies that the Secretary determines to be at significant risk of terrorist attack to participate in the ISAC; (B) shall encourage all other public transportation agencies to participate in the ISAC; and (C) shall not charge a fee to any public transportation agency for participating in the ISAC. SEC. 7. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS AND CONTRACTS. (a) Grants and Contracts Authorized.--The Secretary, through the Homeland Security Advanced Research Projects Agency in the Science and Technology Directorate and in consultation with the Federal Transit Administration, shall award grants or contracts to public or private entities to conduct research into, and demonstrate technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from terrorist attacks against public transportation systems. (b) Use of Funds.--Grants or contracts awarded under subsection (a)-- (1) shall be coordinated with Homeland Security Advanced Research Projects Agency activities; and (2) may be used to-- (A) research chemical, biological, radiological, or explosive detection systems that do not significantly impede passenger access; (B) research imaging technologies; (C) conduct product evaluations and testing; and (D) research other technologies or methods for reducing or deterring terrorist attacks against public transportation systems, or mitigating damage from such attacks. (c) Reporting Requirement.--Each entity that is awarded a grant or contract under this section shall report annually to the Department on the use of grant or contract funds received under this section. (d) Return of Misspent Grant or Contract Funds.--If the Secretary determines that a grantee or contractor used any portion of the grant or contract funds received under this section for a purpose other than the allowable uses specified under subsection (b), the grantee or contractor shall return any amount so used to the Treasury of the United States. SEC. 8. REPORTING REQUIREMENTS. (a) Semi-Annual Report to Congress.-- (1) In general.--Not later than March 31 and September 30 each year, the Secretary shall submit a report, containing the information described in paragraph (2), to-- (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; and (C) the Committee on Appropriations of the Senate. (2) Contents.--The report submitted under paragraph (1) shall include-- (A) a description of the implementation of the provisions of sections 3 through 6; (B) the amount of funds appropriated to carry out the provisions of each of sections 3 through 6 that have not been expended or obligated; and (C) the state of public transportation security in the United States. (b) Annual Report to Governors.-- (1) In general.--Not later than March 31 of each year, the Secretary shall submit a report to the Governor of each State with a public transportation agency that has received a grant under this Act. (2) Contents.--The report submitted under paragraph (1) shall specify-- (A) the amount of grant funds distributed to each such public transportation agency; and (B) the use of such grant funds. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) Capital Security Assistance Program.--There are authorized to be appropriated to carry out the provisions of section 4(a) and remain available until expended-- (1) $536,000,000 for fiscal year 2008; (2) $772,000,000 for fiscal year 2009; and (3) $1,062,000,000 for fiscal year 2010. (b) Operational Security Assistance Program.--There are authorized to be appropriated to carry out the provisions of section 4(b)-- (1) $534,000,000 for fiscal year 2008; (2) $333,000,000 for fiscal year 2009; and (3) $133,000,000 for fiscal year 2010. (c) Intelligence.--There are authorized to be appropriated such sums as may be necessary to carry out the provisions of section 5. (d) Research.--There are authorized to be appropriated to carry out the provisions of section 7 and remain available until expended-- (1) $30,000,000 for fiscal year 2008; (2) $45,000,000 for fiscal year 2009; and (3) $55,000,000 for fiscal year 2010. SEC. 10. SUNSET PROVISION. The authority to make grants under this Act shall expire on October 1, 2011.

Public Transportation Terrorism Prevention Act of 2007 - Requires the Department of Transportation's (DOT) Federal Transit Administration, within 30 days of enactment, to submit all public transportation security assessments to the Secretary of Homeland Security (Secretary) to review and augment such assessments, not later than July 31, 2007. Requires the Secretary to: (1) establish and annually update security improvement priorities (improvement priorities), by September 30, 2007, that are consistent with relevant State Homeland Security Plans; (2) annually update the assessments and annually conduct assessments of all public transportation agencies considered to be at greatest risk of a terrorist attack; (3) by July 31, 2007, conduct security assessments of local bus-only public transportation systems and of selected transportation systems receiving grants as other than urbanized areas; and (4) use information collected from the assessments to develop security guidelines for public transportation security and design a security improvement strategy. Directs the Secretary, consistent with relevant State Homeland Security Plans, to award grants to public transportation agencies for allowable capital and operational security improvements based on the improvement priorities. Defines allowable. Requires congressional notification before the award of any grant. Sets forth public transportation agency requirements for receiving a grant. Directs the Secretary to: (1) develop and issue regulations for a public transportation worker security training program; (2) ensure that DOT receives timely notification of all credible terrorist threats against U.S. public transportation assets; (3) provide assistance for the reasonable costs of the Information Sharing and Analysis Center (ISAC) for Public Transportation to protect critical infrastructure; and (4) award grants or contracts for research and the demonstration of technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from terrorist attacks. Requires public transportation agencies determined to be at significant risk of terrorist attack to participate in the ISAC and encourages all other public transportation agencies to participate in the ISAC. Prohibits charging a fee to any public transportation agency for participating in the ISAC. Sets forth reporting requirements. Authorizes appropriations through FY2010. Terminates grant authority on October 1, 2011.

An original bill to provide the resources to protect public transportation from terrorism.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Royalty Collection Reform Act of 1997''. SEC. 2. TRANSFER OF OIL AND GAS ROYALTY AUDITING FUNCTIONS; ENSURING RECEIPT OF ROYALTIES BY UNITED STATES GOVERNMENT. (a) Transfer of Functions.--There are transferred from the Secretary of the Interior to the Secretary of the Treasury the functions of the Secretary of the Interior relating to auditing and reconciling oil and gas production activities on lease sites on Federal and Indian lands, including all functions of the Secretary of the Interior under the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1711). (b) Ensuring Receipt of Royalties.--Section 101 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701) is amended by adding at the end the following new subsection: ``(d) In implementing this Act and in performing under other Federal laws functions relating to auditing and reconciling oil and gas production activities on lease sites on Federal and Indian lands, the Secretary shall exercise all available authorities to ensure that the Government of the United States receives all amounts of oil and gas royalties to which it is entitled.''. SEC. 3. CONFORMING AMENDMENTS. (a) Federal Oil and Gas Royalty Management Act of 1982.-- (1) Section 3(15) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1702(3)) is amended to read as follows: ``(15) `Secretary' means the Secretary of the Treasury, except that in sections 111(e), 114, 303, and 304 the term means the Secretary of the Interior;''. (2) Section 106 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1716) is amended by inserting ``or the Department of the Treasury'' after ``Interior''. (3) Section 108(b) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1718(b)) is amended in the first sentence by inserting ``of the Treasury or the Secretary of the Interior'' after ``Secretary''. (4) Section 108(c) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1718(c)) is amended by inserting ``of the Treasury and the Secretary of the Interior'' after ``Secretary''. (5) Section 101(c)(2) of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1711(c)(2)) is amended to read as follows: ``(2) The Secretary may enter into contracts or other appropriate arrangements with independent certified public accountants, or other entities, that have knowledge of the financial practices and applicable accounting procedures of oil and gas producers, to undertake audits of accounts and records of any lessee or operator relating to the lease of oil or gas. Selection of such independent certified accountants and entities shall be by competitive bidding in accordance with title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), except that the Secretary may not enter into a contract or other arrangement with any independent certified public accountant or other entity to audit a lessee or operator if such lessee or operator is a primary audit client of such certified public accountant or other entity.''. SEC. 4. REFERENCES. Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a function transferred by this Act-- (1) to the Secretary of the Interior or to an officer of the Department of the Interior is deemed to refer to the Secretary of the Treasury; or (2) to an office or agency of the Department of the Interior is deemed to refer to the Department of the Treasury. SEC. 5. EXERCISE OF AUTHORITIES. Except as otherwise provided by law, the Secretary of the Treasury may, for purposes of performing the functions transferred by this Act, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the Secretary of the Interior or any other officer of the Department of the Interior immediately before the effective date of the transfer of the function under this Act. SEC. 6. SAVINGS PROVISIONS. (a) Legal Documents.--All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges-- (1) that have been issued, made, granted, or allowed to become effective by the President, the Secretary of the Interior, any officer or employee of the Department of the Interior, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act, and (2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary of the Treasury, any other authorized official, a court of competent jurisdiction, or operation of law. (b) Proceedings.--This Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this Act before regarding a function transferred by this Act, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c) Suits.--This Act shall not affect suits commenced before the date of the enactment of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against the Department of the Interior or the Secretary of the Interior, or by or against any individual in the official capacity of such individual as an officer or employee of the Department of the Interior, shall abate by reason of the enactment of this Act. (e) Continuance of Suits.--If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this Act such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (f) Administrative Procedure and Judicial Review.--Except as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this Act shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this Act. SEC. 7. TRANSFER OF ASSETS. (a) In General.--Except as otherwise provided in this Act, so much of the property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to the Secretary of the Treasury by this Act shall be available to the Secretary of the Treasury at such time or times as the Director of the Office of Management and Budget directs for use in connection with the function transferred. (b) Personnel.--The Director of the Office of Management and Budget shall provide to the Secretary of the Treasury such personnel acquisition authority as the Secretary determines to be adequate to carry out functions transferred to the Secretary of the Treasury under this Act. (c) Transition Plan.--Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury and the Secretary of the Interior shall jointly prepare and submit to the Congress a plan ensuring orderly transition in the performance of functions and transfer of assets in accordance with this Act within not later than 1 year after that date of enactment. SEC. 8. DELEGATION AND ASSIGNMENT. Except as otherwise expressly prohibited by law or otherwise provided in this Act, the Secretary of the Treasury may delegate any of the functions so transferred under this Act to such officers and employees of the Department of the Treasury as the Secretary may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this section or under any other provision of this Act shall relieve the official to whom a function is transferred under this Act of responsibility for the administration of the function. SEC. 9. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET WITH RESPECT TO FUNCTIONS TRANSFERRED. (a) Determinations.--If necessary, the Director shall make any determination of the functions that are transferred under this Act. (b) Incidental Transfers.--The Director, at such time or times as the Director shall provide, may make such determinations as may be necessary with regard to the functions transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. The Director shall provide for the termination of the affairs of all entities terminated by this Act and for such further measures and dispositions as may be necessary to effectuate the purposes of this Act. SEC. 10. DEFINITIONS. For purposes of this Act-- (1) the term ``Director'' means the Director of the Office of Management and Budget; (2) the term ``function'' includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and (3) the term ``office'' includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof.

Royalty Collection Reform Act of 1997 - Transfers from the Secretary of the Interior to the Secretary of the Treasury the functions of reconciling and auditing oil and gas production activities on lease sites on Federal and Indian lands (including all functions under the Federal Oil and Gas Royalty Management Act of 1982). Amends the Act to make technical and conforming amendments.

Royalty Collection Reform Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Guardianship Rights and Responsibilities Act of 1993''. SEC. 2. GUARDIANSHIP REQUIREMENTS FOR STATE MEDICAID PLANS. (a) Guardianship Requirements as Condition of Eligibility.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)), as amended by the Omnibus Budget Reconciliation Act of 1990 (hereafter referred to as ``OBRA-1990''), is amended-- (1) by striking ``and'' at the end of paragraph (54); (2) in the paragraph (55) inserted by section 4602(a)(3) of OBRA-1990, by striking the period at the end and inserting a semicolon; (3) by redesignating the paragraph (55) inserted by section 4604(b)(3) of OBRA-1990 as paragraph (56), by transferring and inserting it after the paragraph (55) inserted by section 4602(a)(3) of such Act, and by striking the period at the end and inserting a semicolon; (4) by placing paragraphs (57) and (58), inserted by section 4751(a)(1)(C) of OBRA-1990, immediately after paragraph (56), as redesignated by subparagraph (C); (5) in the paragraph (58) inserted by section 4751(a)(1)(C) of OBRA-1990, by striking the period at the end and inserting a semicolon; (6) by redesignating the paragraph (58) inserted by section 4752(c)(1)(C) of OBRA-1990 as paragraph (59), by transferring and inserting it after the paragraph (58) inserted by section 4751(a)(1)(C) of such Act, and by striking the period at the end and inserting ``; and''; and (7) by inserting after paragraph (59), as so redesignated, the following new paragraph: ``(60) not later than 2 years after the date of the enactment of this paragraph, include assurances that the State has adopted, and assumed responsibility for enforcing, laws relating to guardianship which meet the requirements of section 1931.''. (b) Reduction of Payments to States for Failure To Adopt and Enforce Certain Laws Relating to Guardianship.--Section 1903 of the Social Security Act (42 U.S.C. 1396(b)) is amended by adding at the end the following new subsection: ``(x)(1) In order to receive payments under paragraphs (2)(A) and (7) of subsection (a) without being subject to per centum reductions set forth in paragraph (2) of this subsection, a State must provide that it has adopted, and assumed responsibility for enforcing, laws relating to guardianship which meet the requirements of section 1931 on or before the expiration of the 2-year period beginning on the date of the enactment of this subsection. ``(2) If a State fails to meet the deadline established under paragraph (1), the per centums specified in paragraphs (2)(A) and (7) of subsection (a) with respect to that State shall each be reduced 5 percentage points for the first two quarters beginning on or after such deadline, and shall be further reduced an additional 5 percentage points after each period consisting of two quarters during which the Secretary determines the State fails to meet the requirements of paragraph (1) of this subsection, except that-- ``(A) neither such per centum may be reduced more than 25 percentage points by reason of this paragraph; and ``(B) no reduction shall be made under this paragraph for any quarter following the quarter during which such State meets the requirements of paragraph (1).''. (c) Description of Requirements.--Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by adding at the end the following new section: ``requirements for state guardianship laws ``Sec. 1931. (a) In General.--For purposes of sections 1902(a)(60) and 1903(x), a State has adopted laws relating to guardianship which meet the requirements of this section if the State has adopted laws or issued regulations which include the rights, standards, and duties described in subsections (b) through (l) or, in the determination of the Secretary, which protect individuals in the State as effectively as laws or regulations which include the rights, standards, and duties described in such subsections. ``(b) Rights of Individuals Subject to Guardianship Petitions.--The laws of the State shall provide that-- ``(1) each individual in the State who is the subject of a guardianship petition shall be provided with an adequate and timely notice, in large print and plain language, of all pending guardianship proceedings, including a copy of the guardianship petition, a clear description of such proceedings and of all rights afforded such individual in the course of such proceedings, and a summary of the possible consequences of a determination of incapacity (or, in the case of a blind or illiterate individual, an oral description of such rights and information); ``(2) a copy of the notice provided under paragraph (1) shall be provided to the individual filing a guardianship petition and to the spouse, child, sibling, nearest relative, or custodian of the individual who is the subject of such guardianship petition; ``(3) each individual in the State who is the subject of a guardianship petition has the right to counsel who will act as an advocate for such individual with respect to such petition unless such individual knowingly and voluntarily waives such right, and the court shall appoint counsel for such individual at public expense if such individual is indigent or if such individual lacks the capacity to waive the right to counsel; ``(4) each individual in the State who is the subject of a guardianship petition has the right to have the question of incapacity heard by a jury upon request; and ``(5) each individual in the State against whom a determination of incapacity and guardianship order is issued may file an appeal contesting such determination and order in the appropriate court of appeal not later than 30 days after such determination and order is issued, and may at any time petition the court issuing such determination and order to modify or dismiss such determination or order. ``(c) Standards for Determinations of Incapacity.--The laws of the State shall provide that-- ``(1) no determination of incapacity shall be made at a guardianship hearing unless the individual who is the subject of the guardianship petition is present at such hearing, unless the court determines, on the basis of information provided by a physician, social worker, or other person trained to work with the elderly, the developmentally disabled, or the mentally retarded (whichever is appropriate in the case of a particular individual), that such individual has knowingly and voluntarily waived the right to be present at the hearing or cannot be present because of physical incapacity; and ``(2) no determination of incapacity shall be made at a guardianship hearing on the basis of the age of the individual who is the subject of the guardianship petition but shall instead be made on the basis of clear and convincing evidence that such individual is incapable of administering his own affairs. ``(d) Standards for Personnel Involved in Guardianship Hearings.-- Court personnel in the State involved in guardianship hearings shall be trained to work with the elderly, the developmentally disabled, and the mentally retarded, and shall be briefed on general issues facing such groups, and shall provide necessary visual aids, interpreters, and other devices in order to assist these individuals during guardianship hearings, and shall make reasonable efforts to schedule each guardianship hearing at a time and location convenient for the individual who is the subject of the guardianship petition. ``(e) Effect of Determination of Incapacity.--A determination of incapacity in a guardianship hearing in the State shall not be considered prima facie evidence that the individual in question is insane or is unable to function in a non-institutionalized setting. ``(f) Rights of Wards.--The laws of the State shall provide that-- ``(1) each ward in the State shall, when feasible, have his personal preferences taken into account by the court in the appointment of a guardian; and ``(2) during the period of guardianship, each ward in the State shall be entitled to participate in all decisions affecting such ward to the maximum extent possible commensurate with such ward's functional limitations, and shall retain all rights not ordered by the court to be transferred to the guardian. ``(g) Standards for Guardianships.--Each guardianship imposed in the State shall be imposed on the ward in the least restrictive manner commensurate with the ward's functional limitations. ``(h) Standards for Appointment of Guardians.--The laws of the State shall provide that-- ``(1) no person may be appointed to serve as a guardian in the State unless such person certifies that he has completed, or agrees to enroll in and complete, a program of court- supervised training, based upon standards developed by the governor of the State or his designee, in the legal, economic, and psychosocial needs of wards, and a guardian shall be removed from his position as guardian if the court determines that he has failed to complete such a program; ``(2) no person who has been convicted of a felony may be appointed to serve as a guardian in the State unless the court determines that an exception to such prohibition is appropriate in a particular case; and ``(3) no person may be appointed to serve as a guardian in the State unless such person has filed, and the court conducting the guardianship hearing has approved, a guardianship plan which includes at least a description of the ward's proposed living arrangements, a plan for meeting the ward's financial, medical, and other remedial needs, and provisions for maintaining contact between the ward and the ward's family and friends. ``(i) Duties of Guardians.--The laws of the State shall provide that-- ``(1) each guardian in the State shall file an annual report with the court which issued the order giving such guardian control over the ward's affairs which includes at least a description of the management of the ward's finances during the previous year, a physician's report on the health and physical well-being of the ward, and a recommendation of whether the guardianship should be continued, modified, or terminated; ``(2) each guardian in the State may use funds from the estate of the ward over whose affairs he has control only for the administration of the guardianship and the benefit of the ward, and shall repay to the ward's estate any funds used by such guardian for any purpose determined to be improper by the court which issued the order giving such guardian control over such ward's affairs; and ``(3) each guardian in the State shall keep the court which issued the order giving such guardian control over the ward's affairs informed of the whereabouts of such ward, and shall notify such court whenever such ward is moved to a new residence. ``(j) Standards Regarding Wards Moving To and From State.--The laws of the State shall provide that-- ``(1) if the court which issued a guardianship order receives notice pursuant to subsection (i)(3) that a ward has been moved to a new residence in another State, the court shall notify the appropriate court in that State of the existence of the guardianship and shall provide that court with necessary files and background information on the guardianship; and ``(2) upon receiving notice from a court in another State that a ward subject to a guardianship order has been moved into the State, a court in the State shall assume jurisdiction over such guardianship, and may require the guardian to submit a new petition for guardianship or any other supplementary information to enable the court to exercise such jurisdiction. ``(k) Court Review of Guardianship Orders.--Each court in the State which issues a guardianship order shall conduct an annual review of the guardianship to determine whether the guardian is performing his duties in accordance with the appropriate laws and whether the guardianship should be continued, modified, or terminated. ``(l) Standards for Private Professional Guardians.--Each private professional guardian in the State may operate in the State only if such guardian is bonded and licensed or certified in accordance with requirements consistent with the provisions of this section developed by the governor of the State or his designee. ``(m) Definitions.--For purposes of this section-- ``(1) the term `guardian' means a person vested by law with the power and duty of taking care of the person or property of another 18 years or older who is adjudged incapable of administering his own affairs, except that such term does not include a guardian ad litem; ``(2) the term `guardianship' means any legal relationship, including a conservatorship, in which a person is vested by law with the power and duty of taking care of the person or property of a ward, except that such term does not include a guardianship ad litem; and ``(3) the term `ward' means a person 18 years or older adjudged incapable of administering his own affairs and placed by a court under the care of a guardian.''. SEC. 3. DEMONSTRATION GRANTS FOR GUARDIANSHIP ADVOCATE PROGRAMS. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall award 2-year demonstration grants to eligible States for the establishment and operation of guardianship advocate programs, including the hiring and training of individuals to serve as guardianship advocates and investigators in such programs. (b) Duties of Advocates and Investigators.--Individuals hired and trained to serve as guardianship advocates and investigators with funds provided under subsection (a) shall serve as employees of the courts within the State which conduct guardianship hearings and issue determinations of incapacity and guardianship orders, and shall provide information and services to wards and to individuals who are the subjects of guardianship petitions, including-- (1) making reports to the court on individuals who are the subjects of guardianship petitions; (2) notifying such individuals of their rights under State guardianship law; (3) monitoring wards and guardians and notifying the court of possible violations of State guardianship law; (4) investigating complaints of improper conduct made against guardians; (5) providing advice and assistance to guardians in carrying out their guardianships; (6) evaluating reports from guardians; (7) performing other services to assist the courts in conducting and monitoring guardianships; and (8) investigating and evaluating the movement of wards to new residences. (c) Eligibility.--A State shall be eligible to receive a grant under subsection (a) if it submits an application to the Secretary at such time, in such form, and containing such information and assurances as the Secretary may require, including an assurance that the State shall prepare and submit to the Secretary an evaluation of each program in such State funded with a grant received under subsection (a). (d) Preference to Self-Financing Programs.--In awarding grants under subsection (a), the Secretary shall give preference to those States which provide assurances to the Secretary that the program funded with such a grant will, without Federal financial assistance, continue to operate after the expiration of such grant. (e) Report to Congress.--Not later than 3 years after the final grant is awarded under subsection (a), the Secretary shall submit a report to Congress describing the programs funded with such grants, evaluating the effect of such programs on the guardianship process and on the protection of the rights of wards and individuals subject to guardianship petitions, and containing recommendations on the desirability of continuing the funding of such programs on a permanent basis. (f) Authorization of Appropriations.--There are authorized to be appropriated for grants under subsection (a) $5,000,000. (g) Definition.--In this section, the term ``State'' means each State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

Guardianship Rights and Responsibilities Act of 1993 - Amends title XIX (Medicaid) of the Social Security Act to reduce the Federal share of Medicaid payments available to States which fail to adopt the rights, standards, and duties in this Act concerning guardianship. Requires that an individual subject to a guardianship petition: (1) be provided with notice of all pending guardianship proceedings, rights afforded during a proceeding, and the possible consequences of a determination of incapacity; and (2) have the right to counsel, to have the question of incapacity heard by a jury, and to file an appeal against a determination of incapacity and a guardianship order. Requires that determinations of incapacity be made only under certain circumstances. Sets forth requirements of training for court personnel in guardianship hearings. Requires that: (1) personal preferences of wards in the selection of guardians be taken into account; and (2) a guardianship be imposed on a ward in the least restrictive manner commensurate with the ward's functional limitations. Sets forth requirements for the appointment of a person as a guardian. Requires a guardian to keep the court which issued the guardianship order informed of the ward's affairs and whereabouts and use the ward's funds only for the administration of the guardianship and the ward's benefit. Provides that a court in a State into which a ward moves shall be notified of the existence of a guardianship, and receive information on and assume jurisdiction over, such guardianship. Requires annual court reviews of guardianship orders. Requires private professional guardians to meet certain certification requirements. Directs the Secretary of Health and Human Services to award demonstration grants to eligible States for guardianship advocate programs. Authorizes appropriations.

Guardianship Rights and Responsibilities Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pascua Yaqui Mineral Rights Act of 2005''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) State.--The term ``State'' means the State of Arizona. (3) Tribe.--The term ``Tribe'' means the Pascua Yaqui Tribe. SEC. 3. ACQUISITION OF SUBSURFACE MINERAL INTERESTS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the Attorney General of the United States and with the consent of the State, shall acquire through eminent domain the following: (1) All subsurface rights, title, and interests (including subsurface mineral interests) held by the State in the following tribally-owned parcels: (A) Lot 2, sec. 13, T. 15 S., R. 12 E., Gila and Salt River Meridian, Pima County Arizona. (B) Lot 4, W\1/2\SE\1/4\, sec. 13, T. 15 S., R. 12 E., Gila and Salt River Base & Meridian, Pima County, Arizona. (C) NW\1/4\NW\1/4\, N\1/2\NE\1/4\NW\1/4\, SW\1/ 4\NE\1/4\NW\1/4\, sec. 24, T. 15 S., R. 12 E., Gila and Salt River Base & Meridian, Pima County Arizona. (D) Lot 2 and Lots 45 through 76, sec. 19, T. 15 S., R. 13 E., Gila and Salt River Base & Meridian, Pima County, Arizona. (2) All subsurface rights, title, and interests (including subsurface mineral interests) held by the State in the following parcels held in trust for the benefit of Tribe: (A) Lots 1 through 8, sec. 14, T. 15 S., R. 12 E., Gila and Salt River Base & Meridian, Pima County, Arizona. (B) NE\1/4\SE\1/4\, E\1/2\NW\1/4\SE\1/4\, SW\1/ 4\NW\1/4\SE\1/4\, N\1/2\SE\1/4\SE\1/4\, SE\1/4\SE\1/ 4\SE\1/4\, sec. 14, T. 15 S., R. 12 E., Gila and Salt River Base & Meridian, Pima County, Arizona. (b) Consideration.--Subject to subsection (c), as consideration for the acquisition of subsurface mineral interests under subsection (a), the Secretary shall pay to the State an amount equal to the market value of the subsurface mineral interests acquired, as determined by-- (1) a mineral assessment that is-- (A) completed by a team of mineral specialists agreed to by the State and the Tribe; and (B) reviewed and accepted as complete and accurate by a certified review mineral examiner of the Bureau of Land Management; (2) a negotiation between the State and the Tribe to mutually agree on the price of the subsurface mineral interests; or (3) if the State and the Tribe cannot mutually agree on a price under paragraph (2), an appraisal report that is-- (A)(i) completed by the State in accordance with subsection (d); and (ii) reviewed by the Tribe; and (B) on a request of the Tribe to the Bureau of Indian Affairs, reviewed and accepted as complete and accurate by the Office of the Special Trustee for American Indians of the Department of the Interior. (c) Conditions of Acquisition.--The Secretary shall acquire subsurface mineral interests under subsection (a) only if-- (1) the payment to the State required under subsection (b) is accepted by the State in full consideration for the subsurface mineral interests acquired; (2) the acquisition terminates all right, title, and interest of any party other than the United States in and to the acquired subsurface mineral interests; and (3) the Tribe agrees to fully reimburse the Secretary for costs incurred by the Secretary relating to the acquisition, including payment to the State for the acquisition. (d) Determination of Market Value.--Notwithstanding any other provision of law, unless the State and the Tribe otherwise agree to the market value of the subsurface mineral interests acquired by the Secretary under this section, the market value of those subsurface mineral interests shall be determined in accordance with the Uniform Appraisal Standards for Federal Land Acquisition, as published by the Appraisal Institute in 2000, in cooperation with the Department of Justice and the Office of Special Trustee for American Indians of the Department of Interior. (e) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions with respect to the acquisition of subsurface mineral interests under this section as the Secretary considers to be appropriate to protect the interests of the United States and any valid existing right. SEC. 4. INTERESTS TAKEN INTO TRUST. (a) Land Transferred.--Subject to subsections (b) and (c), notwithstanding any other provision of law, not later than 180 days after the date on which the Tribe makes the payment described in subsection (c), the Secretary shall take into trust for the benefit of the Tribe the subsurface rights, title, and interests, formerly reserved to the United States, to the following parcels: (1) E\1/2\NE\1/4\, SW\1/4\NE\1/4\, sec. 14, T. 15 S., R. 12 E., Gila and Salt River Base & Meridian, Pima County, Arizona. (2) W\1/2\SE\1/4\, SW\1/4\, sec. 24, T. 15 S., R. 12 E., Gila and Salt River Base & Meridian, Pima County, Arizona. (b) Exceptions.--The parcels taken into trust under subsection (a) shall not include-- (1) NE\1/4\SW\1/4\, sec. 24, except the southerly 4.19 feet thereof; (2) NW\1/4\SE\1/4\, sec. 24, except the southerly 3.52 feet thereof; or (3) S\1/2\SE\1/4\, sec. 23, T. 15 S., R. 12 E., Gila and Salt River Base & Meridian, Pima County, Arizona. (c) Consideration and Costs.--The Tribe shall pay to the Secretary only the transaction costs relating to the assessment, review, and transfer of the subsurface rights, title, and interests taken into trust under subsection (a).

Pascua Yaqui Mineral Rights Act of 2005 - Directs the Secretary of the Interior, in coordination with the Attorney General and with the consent of the state of Arizona, to acquire all subsurface rights, title, and interests (including subsurface mineral interests) held by the state in specified tribally-owned parcels and in specified parcels held in trust for the benefit of the Tribe. Requires the Secretary to pay the state, as consideration for the acquisition of subsurface mineral interests, an amount equal to their market value. Directs the Secretary to take into trust for the benefit of the Tribe the subsurface rights, title, and interests, formerly reserved to the United States, to other specified parcels. Requires the Tribe to pay to the Secretary only the transaction costs relating to the assessment, review, and transfer of the subsurface rights, title, and interests taken into trust.

A bill to provide for the acquisition of subsurface mineral interests in land owned by the Pascua Yaqui Tribe and land held in trust for the Tribe.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare CGM Access Act of 2014''. SEC. 2. MEDICARE COVERAGE OF CONTINUOUS GLUCOSE MONITORING DEVICES. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) in subparagraph (EE), by striking ``and'' at the end; (B) in subparagraph (FF), by adding ``and''; and (C) by adding at the end the following new subparagraph: ``(GG) continuous glucose monitoring devices (as defined in subsection (iii)(1)) furnished to a CGM qualified individual (as defined in subsection (iii)(2));''; and (2) by adding at the end the following new subsection: ``Continuous Glucose Monitoring Device; CGM Qualified Individual ``(iii)(1)(A) The term `continuous glucose monitoring device' means a class III medical device approved by the Food and Drug Administration that continuously monitors and trends glucose levels in body fluid. ``(B) Such term applies to such medical device-- ``(i) as a stand-alone product; ``(ii) when integrated with an insulin pump; or ``(iii) as an integral component of any other medical device cleared or approved by the Food and Drug Administration, such as artificial pancreas device systems. ``(C) With respect to a continuous glucose monitoring device that is described in clause (ii) or (iii) of subparagraph (B), the Secretary shall treat an insulin pump or other medical device that has a continuous glucose monitoring device as an integrated or integral component as a single medical device. ``(D) Such term includes components, accessories, and supplies that are necessary and related to the operation of the class III medical device, such as sensors, transmitters, receivers, and requisite software. ``(2) The term `CGM qualified individual' means any of the following: ``(A) An individual with Type I diabetes-- ``(i) who is following an intensive insulin treatment regimen that consists of 3 or more insulin injections per day or the use of a subcutaneous insulin infusion pump; ``(ii) subject to paragraph (3), whose attending physician certifies that the individual's condition cannot be safely and effectively managed with self- monitoring of blood glucose; and ``(iii) who-- ``(I) has been unable to achieve optimum glycemic control in accordance with evidence- based guidelines; or ``(II) has experienced hypoglycemia unawareness or frequent hypoglycemic episodes. ``(B) An individual not described in subparagraph (A) who meets such other medical criteria as the Secretary may specify for the furnishing of a continuous glucose monitoring device based on available medical evidence and taking into account any anticipated pathway to the development of artificial pancreas device systems. ``(C) An individual with diabetes who has been regularly using a continuous glucose monitoring device before becoming entitled to, or enrolling in, part A, or enrolling in part B, or both. ``(3) For purposes of a certification by an attending physician described in paragraph (2)(A)(ii), such certification shall not be required more frequently than once every 3 years.''. (b) Payment.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(Z)''; and (B) by inserting before the semicolon at the end the following: ``, and (AA) with respect to continuous glucose monitoring devices under section 1861(s)(2)(GG)), the amount paid shall be an amount equal to 80 percent of the amount determined under the fee schedule established under section 1834(r)''. (2) Conforming amendment.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(r) Fee Schedule for Continuous Glucose Monitoring Devices.-- ``(1) Establishment.-- ``(A) In general.--With respect to continuous glucose monitoring devices (as defined in section 1861(iii)(1)) furnished during a year, the amount of payment under this part for such devices shall be determined under a fee schedule established by the Secretary in accordance with this subsection. ``(B) Clarification of application of fee schedule to devices having cgm as an integral component.-- Payment shall be calculated and made under the fee schedule established under this subsection for any insulin pump or other medical device that has a continuous glucose monitoring device as an integrated or integral component. ``(2) Initial payment rate.-- ``(A) In general.--With respect to each distinct type of continuous glucose monitoring device, the Secretary shall establish an initial payment rate under the fee schedule established under this subsection for the first year, which may be a partial year, during which payment may be made for such continuous glucose monitoring device under this part. ``(B) Data.--With respect to a continuous glucose monitoring device, the initial payment rate under subparagraph (A) shall-- ``(i) reflect market rates for such device; and ``(ii) take into account the most recent available data on prices for such device. ``(C) Accounting for differences in functionalities among various cgm devices.--For purposes of the initial payment rates established under subparagraph (A), the Secretary shall establish a new HCPCS code for each distinct type of class III medical device cleared or approved by the Food and Drug Administration that includes a continuous glucose monitoring device, such as a medical device described in clause (ii) or (iii) of section 1861(iii)(1)(B). Such HCPCS codes shall distinguish among the different functionalities of such devices in a manner that reflects the classifications of the Food and Drug Administration in clearing or approving such devices. ``(3) Updates to payment rates.--With respect to each year beginning after the year, or partial year, referred to in paragraph (2)(A) during which an initial payment rate is established for a distinct continuous glucose monitoring device, the Secretary shall provide for annual updates to the payment rate under the fee schedule established under this subsection for each such device for the preceding year by the percentage increase in the consumer price index for all urban consumers (United States city average) for the 12-month period ending with June of the preceding year. ``(4) Adjustment for geographic variations.--The Secretary shall provide for adjustments to the payment rates under the fee schedule established under this subsection to take into account geographic variations in the prices of continuous glucose monitoring devices.''. (c) Ensuring Beneficiary Access to Appropriate Components.--Section 1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended by adding at the end the following new paragraph: ``(8) Ensuring beneficiary access to appropriate components.-- ``(A) In general.--In carrying out the programs under this section with respect to glucose meters required for continuous glucose monitoring devices (as defined in section 1861(iii)(1)) that are furnished to CGM qualified individuals (as defined in section 1861(iii)(2)), the Secretary shall ensure that such CGM qualified individuals are furnished the brand of diabetic testing supplies (as defined in subparagraph (B)) that function with such continuous glucose monitoring devices, such as in the case where there is only one brand of glucose meter that is compatible with a particular continuous glucose monitoring device. ``(B) Definition.--In this paragraph, the term `diabetic testing supplies' means glucose meters and diabetic testing strips.''. (d) Effective Date; Rulemaking.-- (1) Effective date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2015. (2) Rulemaking.-- (A) In general.--The Secretary of Health and Human Services (in this paragraph referred to as the ``Secretary'') shall implement the amendments made by this section through notice and comment rulemaking. (B) Consultation.--As part of the rulemaking process under subparagraph (A), the Secretary shall consult with national organizations representing individuals with diabetes, physicians with relevant clinical expertise in endocrinology, and other relevant stakeholders to develop clinical criteria for the determination of whether an individual qualifies as having Type I diabetes under section 1861(iii)(2)(A) of the Social Security Act, as added by subsection (a)(2). Not later than 60 days after the date of enactment of this Act, the Secretary shall convene a meeting of those stakeholders to develop consensus recommendations for such clinical criteria. The Secretary shall take such recommendations into account in implementing the amendments made by this section.

Medicare CGM Access Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to provide Medicare coverage of continuous glucose monitoring (CGM) devices furnished to a CGM qualified individual. Directs the Secretary of Health and Human Services (HHS) to establish a fee schedule and ensure that CGM qualified individuals are furnished with appropriate device components.

Medicare CGM Access Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing America's Energy Independence Act of 2007''. SEC. 2. EXTENSION AND MODIFICATION OF INVESTMENT TAX CREDIT WITH RESPECT TO SOLAR ENERGY PROPERTY AND QUALIFIED FUEL CELL PROPERTY. (a) Solar Energy Property.--Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal Revenue Code of 1986 are each amended by striking ``2008'' and inserting ``2017''. (b) Eligible Fuel Cell Property.--Paragraph (1)(E) of section 48(c) of the Internal Revenue Code of 1986 is amended by striking ``2007'' and inserting ``2016''. (c) Energy Property to Include Excess Energy Storage Device.-- Clause (i) of section 48(a)(3)(A) of such Code is amended to read as follows: ``(i) equipment which uses solar energy to generate electricity, to heat or cool (or provide hot water for use in) a structure, or to provide solar process heat, or advanced energy storage systems installed as an integrated component of the foregoing, excepting property used to generate energy for purposes of heating a swimming pool,''. (d) Solar Lighting Equipment to Include Solar Hybrid Lighting Systems.--Clause (ii) of section 48(a)(3)(A) of such Code is amended to read as follows: ``(ii) equipment which uses solar energy to illuminate the inside of a structure using fiber-optic distributed sunlight,''. (e) Modifications.-- (1) Solar photovoltaic energy property credit determined solely by kilowatt capacity.-- (A) In general.--Subsection (a) of section 48 of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Special rule for energy credit for solar photovoltaic energy property.-- ``(A) In general.--For purposes of section 46, the energy credit for any taxable year for solar photovoltaic energy property described in paragraph (3)(A)(i) which is used to generate electricity and which is placed in service during the taxable year is $1,500 with respect to each half kilowatt of capacity of such property. Paragraph (2)(A)(ii) shall not apply to property to which the preceding sentence applies. ``(B) Application of special rules for rehabilitated or subsidized property.--Rules similar to the rules of paragraphs (2)(B) and (5) shall apply to property to which this paragraph applies.''. (B) Conforming amendment.--Subclause (II) of section 48(a)(2)(A)(i) of such Code is amended by striking ``described in paragraph (3)(A)(i)'' and inserting ``which is described in paragraph (3)(A)(i) and to which paragraph (4) does not apply''. (f) Credits Allowed Against the Alternative Minimum Tax.--Section 38(c)(4)(B) of the Internal Revenue Code of 1986 (defining specified credits) is amended by striking the period at the end of clause (ii)(II) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) the portion of the investment credit under section 46(2) as determined under clauses (i) and (ii) of section 48(a)(2)(A).''. (g) Effective Dates.-- (1) Except as provided in paragraph (2), the amendments made by this section shall take effect on January 1, 2007. (2) The amendments made by subsection (c) shall apply to property placed in service after December 31, 2006. SEC. 3. EXTENSION AND MODIFICATION OF CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY. (a) Extension.--Subsection (g) of section 25D of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2008'' and inserting ``2016''. (b) Solar Electric Property.--Paragraph (1) of section 25D(a) of such Code (relating to allowance of credit) is amended by striking ``30 percent of''. (c) Modification of Maximum Credit.--Paragraph (1) of section 25D(b) of the Internal Revenue Code of 1986 (relating to limitations) is amended to read as follows: ``(1) Maximum credit.--The credit allowed under subsection (a) for any taxable year shall not exceed-- ``(A) $1,500 with respect to each half kilowatt of installed capacity of qualified solar electric property for which qualified solar electric property expenditures are made, ``(B) $2,000 with respect to any qualified solar water heating property expenditures, and ``(C) $500 with respect to each half kilowatt of capacity of qualified fuel cell property (as defined in section 48(c)(1)) for which qualified fuel cell property expenditures are made.''. (d) Definition of Qualified Solar Water Heating Property Expenditure.--Paragraph (1) of section 25D(d) of such Code is amended by striking ``to heat water for use in'' and inserting ``to heat or cool (or provide hot water for use in)''. (e) Definition of Qualified Photovoltaic Property Expenditure.-- Paragraph (2) of section 25D(d) of such Code is amended by inserting ``, including advanced energy storage systems installed as an integrated component of the foregoing'' after ``taxpayer''. (f) Credit Allowed Against Alternative Minimum Tax.-- (1) In general.--Section 25D(b) of the Internal Revenue Code of 1986 (as amended by subsection (b)) is amended by adding at the end the following new paragraph: ``(3) Credit allowed against alternative minimum tax.--The credit allowed under subsection (a) for the 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 subpart A of part IV of subchapter A (other than this section) and section 27 for the taxable year.''. (2) Conforming amendments.-- (A) Subsection (c) of section 25D of such Code is amended to read as follows: ``(c) Carryforward of Unused Credit.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by subsection (b)(3) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year.''. (B) Section 23(b)(4)(B) of such Code is amended by inserting ``and section 25D'' after ``this section''. (C) Section 24(b)(3)(B) of such Code is amended by striking ``sections 23 and 25B'' and inserting ``sections 23, 25B, and 25D''. (D) Section 26(a)(1) of such Code is amended by striking ``and 25B'' and inserting ``25B, and 25D''. (g) Effective Date.--The amendments made by this section shall apply to expenditures made in taxable years beginning after December 31, 2006. SEC. 4. 3-YEAR ACCELERATED DEPRECIATION PERIOD FOR SOLAR ENERGY PROPERTY AND FUEL CELL PROPERTY. (a) In General.--Subparagraph (A) of section 168(e)(3) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting a comma, and by inserting after clause (iii) the following new clause: ``(iv) any property which is described in clause (i) or (ii) of section 48(a)(3)(A) (or would be so described if the last sentence of such section did not apply to such clause), and ``(v) any property which is described in clause (iv) of section 48(a)(3)(A).''. (b) Conforming Amendment.--Section 168(e)(3)(B)(vi)(I) of such Code is amended to read as follows: ``(I) would be described in subparagraph (A) of section 48(a)(3) if `wind energy' were substituted for `solar energy' in clause (i) thereof and the last sentence of such section did not apply to such subparagraph,''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2006.

Securing America's Energy Independence Act of 2007 - Amends the Internal Revenue Code to extend through 2016: (1) the energy tax credit for solar energy property and qualified fuel cell property; and (2) the tax credit for residential energy efficient property expenditures. Allows such credits to be applied against alternative minimum tax liability. Includes advanced energy storage systems as energy property for purposes of the tax credit. Provides for a special credit amount for solar photovoltaic energy property and residential energy efficient property based upon kilowatt capacity. Allows accelerated depreciation (three-year recovery period) for solar energy and fuel cell property.

To amend the Internal Revenue Code of 1986 to extend the investment tax credit with respect to solar energy property and qualified fuel cell property, and for other purposes.

on the Budget.--Section 301(a) of the Congressional Budget Act of 1974 is amended by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively, and by inserting after paragraph (5) the following new paragraph: ``(6) the receipts, outlays, and surplus or deficit in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, combined, established by title II of the Social Security Act;''. (c) Super Majority Requirement.--(1) Section 904(c)(1) of the Congressional Budget Act of 1974 is amended by inserting ``312(g),'' after ``310(d)(2),''. (2) Section 904(d)(2) of the Congressional Budget Act of 1974 is amended by inserting ``312(g),'' after ``310(d)(2),''. SEC. 4. PROTECTION OF MEDICARE SURPLUSES. (a) Points of Order To Protect Medicare Surpluses.--Section 312 of the Congressional Budget Act of 1974 (as amended by section 3) is further amended by adding at the end the following new subsection: ``(h) Points of Order To Protect Medicare Surpluses.-- ``(1) Concurrent resolutions on the budget.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget, or conference report thereon or amendment thereto, that would set forth an on-budget surplus for any fiscal year that is less than the projected surplus of the Federal Hospital Insurance Trust Fund for that fiscal year (as assumed in that resolution). ``(2) Subsequent legislation.--Except as provided by paragraph (3), 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 if-- ``(A) the enactment of that bill or resolution as reported; ``(B) the adoption and enactment of that amendment; or ``(C) the enactment of that bill or resolution in the form recommended in that conference report, would cause the on-budget surplus for any fiscal year to be less than the projected surplus of the Federal Hospital Insurance Trust Fund (as assumed in the most recently agreed to concurrent resolution on the budget) for that fiscal year or increase the amount by which the on-budget surplus for any fiscal year would be less than such trust fund surplus for that fiscal year. ``(3) Exception.--Paragraph (2) shall not apply to medicare reform legislation as defined by section 7(2) of the Social Security and Medicare Lock-box Act of 2000. ``(4) Definition.--For purposes of this section, the term `on-budget surplus', when applied to a fiscal year, means the surplus in the budget as set forth in the most recently agreed to concurrent resolution on the budget pursuant to section 301(a)(3) for that fiscal year.''. (b) Super Majority Requirement.-- (1) Point of order.--Section 904(c)(1) of the Congressional Budget Act of 1974 (as amended by section 3) is further amended by inserting ``312(h),'' after ``312(g),''. (2) Waiver.--Section 904(d)(2) of the Congressional Budget Act of 1974 (as amended by section 3) is further amended by inserting ``312(h),'' after ``312(g),''. SEC. 5. REMOVING SOCIAL SECURITY FROM BUDGET PRONOUNCEMENTS. (a) In General.--Any official statement issued by the Office of Management and Budget, the Congressional Budget Office, or any other agency or instrumentality of the Federal Government of surplus or deficit totals of the budget of the United States Government as submitted by the President or of the surplus or deficit totals of the congressional budget, and any description of, or reference to, such totals in any official publication or material issued by either of such Offices or any other such agency or instrumentality, shall exclude the outlays and receipts of the old-age, survivors, and disability insurance program under title II of the Social Security Act (including the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund) and the related provisions of the Internal Revenue Code of 1986. (b) Separate Social Security Budget Documents.--The excluded outlays and receipts of the old-age, survivors, and disability insurance program under title II of the Social Security Act shall be submitted in separate Social Security budget documents. SEC. 6. PROTECTION OF SOCIAL SECURITY AND MEDICARE SURPLUSES. (a) Social Security.--(1) Chapter 11 of subtitle II of title 31, United States Code, is amended by adding before section 1101 the following: ``Sec. 1100. Protection of social security surpluses ``The budget of the United States Government submitted by the President under this chapter shall not recommend an on-budget deficit for any fiscal year covered by that budget unless it includes proposed legislative language for social security reform legislation as defined by section 7(1) of the Social Security and Medicare Lock-box Act of 2000.''. (2) The chapter analysis for chapter 11 of title 31, United States Code, is amended by inserting before the item relating to section 1101 the following: ``1100. Protection of Social Security Surpluses.''. (b) Medicare.--(1) Chapter 11 of subtitle II of title 31, United States Code, is amended by adding after section 1100 the following: ``Sec. 1100A. Protection of medicare surpluses ``The budget of the United States Government submitted by the President under this chapter shall not recommend an on-budget surplus for any fiscal year that is less than the projected surplus of the Federal Hospital Insurance Trust Fund for that fiscal year unless it includes proposed legislative language for medicare reform legislation as defined by section 7(2) of the Social Security and Medicare Lock-box Act of 2000 or social security reform legislation as defined by section 7(1) of that Act.''. (2) Chapter Analysis.--The chapter analysis for chapter 11 of title 31, United States Code, is amended by inserting after the item relating to section 1100 the following: ``1100A. Protection of Medicare Surpluses.''. SEC. 7. DEFINITIONS. As used in this Act: (1) Social security reform legislation.--The term ``social security reform legislation'' means a bill or a joint resolution to save social security and includes a provision stating the following: ``For purposes of the Social Security and Medicare Lock-box Act of 2000, this Act constitutes social security reform legislation to save social security.''. (2) Medicare reform legislation.--The term ``medicare reform legislation'' means a bill or a joint resolution to save Medicare and includes a provision stating the following: ``For purposes of the Social Security and Medicare Lock-box Act of 2000, this Act constitutes medicare reform legislation to save medicare.''. SEC. 8. EFFECTIVE DATE. (a) In General.--This Act shall take effect upon the date of its enactment and the amendments made by this Act shall apply to fiscal year 2001 and subsequent fiscal years. (b) Expiration.--(1) Sections 301(a)(6) and 312(g) of the Congressional Budget Act of 1974 shall expire upon the enactment of social security reform legislation. (2) Section 312(h) of the Congressional Budget Act of 1974 shall expire upon the enactment of medicare reform legislation. Passed the House of Representatives June 20, 2000. Attest: JEFF TRANDAHL, Clerk. By Martha C. Morrison, Deputy Clerk.

Makes it out of order in the House or the Senate to consider any bill, joint resolution, amendment, motion, or conference report if the enactment of the reported bill or resolution, the adoption and enactment of an amendment, or the enactment of a bill or resolution in the form recommended in the conference report would: (1) cause or increase an on-budget deficit for any fiscal year; or (2) cause the on-budget surplus for any fiscal year to be less than the projected surplus of the Federal Hospital Insurance Trust Fund for such year or increase the amount by which the on-budget surplus for any fiscal year would be less than such trust fund surplus for that year. Makes the point of order under (1) above inapplicable to social security reform legislation and that under (2) above inapplicable to Medicare reform legislation. Includes the receipts, outlays, and surplus or deficit in the Federal Old-Age and Survivors and Disability Insurance Trust Funds within the content of the concurrent budget resolution.Authorizes a waiver or suspension in the Senate of points of order under this Act only with a three-fifths majority. Requires the same majority to sustain an appeal on a ruling on such points of order.(Sec. 5) Requires any official Federal Government statement of the Federal or congressional budget surplus or deficit totals to exclude the outlays and receipts of the Old-Age, Survivors, and Disability Insurance Program under the Social Security Act. Requires such outlays and receipts to be submitted in separate social security budget documents.(Sec. 6) Prohibits the Federal Government budget submitted by the President from recommending: (1) an on-budget deficit for any covered fiscal year unless it includes proposed legislative language for social security reform legislation; or (2) an on-budget surplus for any fiscal year that is less than the projected surplus of the Federal Hospital Insurance Trust Fund for that fiscal year unless it includes proposed legislative language for Medicare reform legislation.(Sec. 7) Defines "social security reform legislation" and "Medicare reform legislation" as a bill or joint resolution to save social security or Medicare, respectively, that specifies that it is reform legislation for purposes of this Act.(Sec. 8) Applies the amendments made by this Act to FY 2001 and subsequent fiscal years.Terminates the point of order relating to: (1) the on-budget deficit and budget resolution content amendments made by this Act upon enactment of social security reform legislation; and (2) the on-budget surplus and the Federal Hospital Insurance Trust Fund upon enactment of Medicare reform legislation.

Social Security and Medicare Lock-box Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Textile Trade Act of 2000''. SEC. 2. EQUALIZATION OF TRADE IN TEXTILE AND APPAREL GOODS BETWEEN THE UNITED STATES AND WTO MEMBER COUNTRIES. (a) Statement of Policy.--It shall be the policy of the United States to negotiate, within the WTO, reciprocal market access in trade in textile and apparel goods with no concessions in addition to those in effect on the date of the enactment of this Act, unless and until the United States has negotiated substantially similar market access with each WTO member country. (b) Presidential Determinations on WTO Members.--Not later than December 31 of each year, with respect to each WTO member country-- (1) the President shall determine whether that country allows access in its markets to textile and apparel goods that are products of the United States that is substantially similar to the access provided in United States markets to textile and apparel goods that are products of that country; (2) if the determination under paragraph (1) is that the access to a country's markets for textile and apparel goods that are products of the United States is less favorable than that provided by the United States to textile and apparel goods that are products of that country, the President shall impose quotas, tariffs, or other measures on the textile and apparel products of that country in order to make access in the markets of both countries substantially similar; (3) the President shall seek to negotiate agreements with any country described in paragraph (2) to remove the tariff and nontariff barriers to trade in textile and apparel goods that were the basis of the President's determination under paragraph (1); and (4) if agreements under paragraph (3) are reached, the President shall adjust the measures imposed under paragraph (2) so that the access in the markets of the country concerned to textile and apparel goods that are products of the United States and the access in United States markets to textile and apparel goods that are products of that country are substantially similar. (c) Report to Congress.--Not later than June 30 of each year, the President shall transmit to the Congress a report on actions taken under subsection (a), including-- (1) each determination made under subsection (a)(1); (2) measures implemented under subsection (a)(2); (3) negotiations undertaken and agreements reached under subsection (a)(3); and (4) measures adjusted under subsection (a)(4). The President shall include the rationale for each action addressed in the report. (d) Definitions.--As used in this section, the terms ``WTO'' and ``WTO member country'' have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501). SEC. 3. CIVIL ACTIONS FOR DAMAGES ARISING FROM FRAUDULENT ACTS OF IMPORTERS. (a) Right of Action.--Any producer, distributor, or retailer of textile or apparel goods who is injured by any violation of the customs laws set forth in section 592A(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1592a(a)(2) may bring a civil action in the appropriate Federal court against the person or persons committing the violation for damages incurred as a result of that violation. (b) Burden of Proof.--In any action brought under subsection (a), the violation of the customs laws concerned is established if the plaintiff proves the violation by a preponderance of the evidence. (c) Exclusivity of Remedy.--The remedy provided by this section is not available to a person to the extent that person has recovered damages under any other provision of law that were incurred as a result of a violation of law referred to in subsection (a). SEC. 4. EXTENSION OF BENEFIT PERIOD FOR TRADE READJUSTMENT ALLOWANCES FOR ADVERSELY AFFECTED WORKERS ENROLLED IN TRAINING PROGRAMS. (a) Extension of Benefit Period.--Section 233(a)(3) of the Trade Act of 1974 (19 U.S.C. 2293(a)(3)) is amended by striking ``26'' each place it appears and inserting ``52''. (b) Effective Date.--The amendments made by subsection (a) apply to any worker covered by a certification of eligibility issued under subchapter A or D of chapter 2 of title II of the Trade Act of 1974-- (1) if the certification is issued on or after the date of the enactment of this Act; or (2) if the certification is issued before such date of enactment and the trade readjustment allowances payable with respect to the period covered by the certification to that worker have not exceeded the maximum allowable under section 233 of the Trade Act of 1974 on the day before such date of enactment. SEC. 5. CREDIT FOR HEALTH INSURANCE PREMIUMS PAID BY INDIVIDUALS RECEIVING TRADE ADJUSTMENT ASSISTANCE. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. HEALTH INSURANCE COSTS OF INDIVIDUALS RECEIVING TRADE ADJUSTMENT ASSISTANCE. ``(a) In General.--In the case of an individual, 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 amount paid during the taxable year for coverage for the taxpayer and the taxpayer's spouse and dependents under qualified health insurance during a period that the taxpayer or spouse is receiving trade adjustment assistance. ``(b) Qualified Health Insurance.--For purposes of this section-- ``(1) In general.--The term `qualified health insurance' means insurance which constitutes medical care, as defined in section 213(d) without regard to-- ``(A) paragraph (1)(C) thereof, and ``(B) so much of paragraph (1)(D) thereof as relates to qualified long-term care insurance contracts. ``(2) Exclusion of coverage provided under group health plans, etc.--Such term shall not include insurance provided through any group health plan of an employer or any other entity. ``(c) Trade Adjustment Assistance.--For purposes of this section, the term `trade adjustment assistance' means assistance provided under subchapter A or D of chapter 2 of title II of the Trade Act of 1974. ``(d) Special Rules.-- ``(1) Coordination with other deductions.--No deduction shall be allowed under this chapter for any amount taken into account in determining the credit under this section. ``(2) Denial of credit to dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins.'' (b) Clerical Amendment.--The table of sections for subpart A part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Health insurance costs of individuals receiving trade adjustment assistance.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 6. TRADE ADJUSTMENT ASSISTANCE FOR TEXTILE AND APPAREL WORKERS. Notwithstanding any other provision of law, workers in any firm producing textile or apparel goods whose employment is terminated, or threatened with termination, as a result of either-- (1) a decrease in the firm's sales or production, or (2) a firm's plant or facility closure or relocation, shall be certified by the Secretary of Labor as eligible to receive adjustment assistance under chapter 2 of title II of the Trade Act of 1974 at the same level of benefits as workers certified under subchapter D of chapter 2 of such title. The Secretary of Labor shall make such certification not later than 30 days after the date a petition for certification of eligibility for such assistance is filed under such title II.

Directs the President to determine annually whether each WTO member country allows access in its markets to U.S. textile and apparel goods substantially similar to the access provided in U.S. markets to that country's textile and apparel goods. Requires the President to impose quotas, tariffs, or other measures on the textile and apparel products of any such country whose access allowance for U.S. textile and apparel goods is less favorable than that provided by the United States to that country's textile and apparel goods, in order to make access in the markets of both countries substantially similar. Requires the President to: (1) seek to negotiate agreements with any such country to remove the tariff and nontariff barriers to trade in textile and apparel goods that were the basis of the less favorable access determination; and (2) adjust the measures imposed, if such agreements are reached, to make the reciprocal market access substantially similar. Authorizes civil actions in Federal court by textile and apparel goods producers, distributors, or retailers for damages arising from the fraudulent acts of importers. Amends the Trade Act of 1974 to extend from 26 to 52 weeks the benefit period (including any additional period) for trade readjustment allowances for adversely affected workers enrolled in training programs. Amends the Internal Revenue Code to establish a tax credit equal to 50 percent of the amount paid for coverage for the taxpayer and family under qualified health insurance during a period that the taxpayer or spouse is receiving trade adjustment assistance.

Fairness in Textile Trade Act of 2000

SECTION 1. HATE CRIMES. (a) Declarations.--Congress declares that-- (1) further efforts must be taken at all levels of government to respond to the staggering brutality of hate crimes that have riveted public attention and shocked the Nation; (2) hate crimes are prompted by bias and are committed to send a message of hate to targeted communities, usually defined on the basis of immutable traits; (3) the prominent characteristic of a hate crime is that it devastates not just the actual victim and the victim's family and friends, but frequently savages the community sharing the traits that caused the victim to be selected; (4) any efforts undertaken by the Federal Government to combat hate crimes must respect the primacy that States and local officials have traditionally been accorded in the criminal prosecution of acts constituting hate crimes; and (5) an overly broad reaction by the Federal Government to this serious problem might ultimately diminish the accountability of State and local officials in responding to hate crimes and transgress the constitutional limitations on the powers vested in Congress under the Constitution. (b) Studies.-- (1) Collection of data.-- (A) Definition of hate crime.--In this paragraph, the term ``hate crime'' means-- (i) a crime described in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note); and (ii) a crime that manifests evidence of prejudice based on gender or age. (B) Collection from cross-section of states.--Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the National Governors' Association, shall select 10 jurisdictions with laws classifying certain types of crimes as hate crimes and 10 jurisdictions without such laws from which to collect data described in subparagraph (C) over a 12-month period. (C) Data to be collected.--The data to be collected are-- (i) the number of hate crimes that are reported and investigated; (ii) the percentage of hate crimes that are prosecuted and the percentage that result in conviction; (iii) the length of the sentences imposed for crimes classified as hate crimes within a jurisdiction, compared with the length of sentences imposed for similar crimes committed in jurisdictions with no hate crime laws; and (iv) references to and descriptions of the laws under which the offenders were punished. (D) Costs.--Participating jurisdictions shall be reimbursed for the reasonable and necessary costs of compiling data under this paragraph. (2) Study of trends.-- (A) In general.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States and the General Accounting Office shall complete a study that analyzes the data collected under paragraph (1) and under the Hate Crime Statistics Act of 1990 to determine the extent of hate crime activity throughout the country and the success of State and local officials in combating that activity. (B) Identification of trends.--In the study conducted under subparagraph (A), the Comptroller General of the United States and the General Accounting Office shall identify any trends in the commission of hate crimes specifically by-- (i) geographic region; (ii) type of crime committed; and (iii) the number of hate crimes that are prosecuted and the number for which convictions are obtained. (c) Model Statute.-- (1) In general.--To encourage the identification and prosecution of hate crimes throughout the country, the Attorney General shall, through the National Conference of Commissioners on Uniform State Laws of the American Law Institute or another appropriate forum, and in consultation with the States, develop a model statute to carry out the goals described in subsection (a) and criminalize acts classified as hate crimes. (2) Requirements.--In developing the model statute, the Attorney General shall-- (A) include in the model statute crimes that manifest evidence of prejudice; and (B) prepare an analysis of all reasons why any crime motivated by prejudice based on any traits of a victim should or should not be included. (d) Support for Criminal Investigations and Prosecutions by State and Local Law Enforcement Officials.-- (1) Assistance other than financial assistance.-- (A) In general.--At the request of a law enforcement official of a State or a political subdivision of a State, the Attorney General, acting through the Director of the Federal Bureau of Investigation, shall provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that-- (i) constitutes a crime of violence (as defined in section 16 of title 18, United States Code); (ii) constitutes a felony under the laws of the State; and (iii) is motivated by prejudice based on the victim's race, ethnicity, or religion or is a violation of the State's hate crime law. (B) Priority.--In providing assistance under subparagraph (A), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than 1 State. (2) Grants.-- (A) In general.--There is established a grant program within the Department of Justice to assist State and local officials in the investigation and prosecution of hate crimes. (B) Eligibility.--A State or political subdivision of a State applying for assistance under this paragraph shall-- (i) describe the purposes for which the grant is needed; and (ii) certify that the State or political subdivision lacks the resources necessary to investigate or prosecute the hate crime. (C) Deadline.--An application for a grant under this paragraph shall be approved or disapproved by the Attorney General not later than 24 hours after the application is submitted. (D) Grant amount.--A grant under this paragraph shall not exceed $100,000 for any single case. (E) Report.--Not later than December 31, 2001, the Attorney General, in consultation with the National Governors' Association, shall submit to Congress a report describing the applications made for grants under this paragraph, the award of such grants, and the effectiveness of the grant funds awarded. (F) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $5,000,000 for each of fiscal years 2000 and 2001. (e) Interstate Travel To Commit Hate Crime.-- (1) In general.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 249. Interstate travel to commit hate crime ``(a) In General.--A person, whether or not acting under color of law, who-- ``(1) travels across a State line or enters or leaves Indian country in order, by force or threat of force, to willfully injure, intimidate, or interfere with, or by force or threat of force to attempt to injure, intimidate, or interfere with, any person because of the person's race, color, religion, or national origin; and ``(2) by force or threat of force, willfully injures, intimidates, or interferes with, or by force or threat of force attempts to willfully injure, intimidate, or interfere with any person because of the person's race, color, religion, or national origin, shall be subject to a penalty under subsection (b). ``(b) Penalties.--A person described in subsection (a) who is subject to a penalty under this subsection-- ``(1) shall be fined under this title, imprisoned not more than 1 year, or both; ``(2) if bodily injury results or if the violation includes the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title, imprisoned not more than 10 years, or both; or ``(3) if death results or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill-- ``(A) shall be fined under this title, imprisoned for any term of years or for life, or both; or ``(B) may be sentenced to death.''. (2) Technical amendment.--The analysis for chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``249. Interstate travel to commit hate crime.''.

Specifies data to be collected (i.e., the number of hate crimes reported and investigated, percentage of hate crimes prosecuted and resulting in a conviction, the length of sentences imposed in comparison with that imposed for similar crimes committed in jurisdictions without hate crime laws, and references to and descriptions of laws under which the offenders were punished). Requires the Comptroller General and GAO to identify any trends in the commission of hate crimes by geographic region, type of crime committed, and the number of hate crimes prosecuted and the number for which convictions are obtained. Directs the Attorney General: (1) to develop a model statute to criminalize acts classified as hate crimes; and (2) in developing such statute, to include crimes that manifest evidence of prejudice and to prepare an analysis of all reasons why any crime motivated by prejudice based on any traits of a victim should or should not be included. Directs the Attorney General: (1) at the request of a law enforcement official of a State or political subdivision thereof, to provide assistance in the criminal investigation or prosecution of any crime that constitutes a crime of violence or a felony under State law and that is motivated by prejudice based on the victim's race, ethnicity, or religion or that is a violation of the State's hate crime law; and (2) in providing such assistance, to give priority to crimes committed by offenders who have committed crimes in more than one State. Establishes a grant program within the Department of Justice to assist State and local officials in the investigation and prosecution of hate crimes. Sets forth eligibility, reporting, and other requirements. Authorizes appropriations. Prohibits and sets penalties (including the death penalty under specified circumstances) for: (1) traveling across a State line, or entering or leaving Indian country, in order to willfully injure, intimidate, or interfere with any person because of that person's race, color, religion, or national origin; and (2) by force or threat of force, willfully injuring, intimidating, or interfering with any person because of that person's race, color, religion, or national origin.

A bill to combat hate crimes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Duplication Overseas Act of 2012''. SEC. 2. PURPOSE. The purpose of this Act is to promote high-quality, cost-efficient, and effective administrative support services to agencies overseas. SEC. 3. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means a department, agency, or independent establishment in the executive branch performing any foreign affairs functions. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on Appropriations of the Senate; (D) the Committee on Foreign Affairs of the House of Representatives; (E) the Committee on Oversight and Government Reform of the House of Representatives; and (F) the Committee on Appropriations of the House of Representatives. (3) International cooperative administrative support services system.--The term ``International Cooperative Administrative Support Services system'' means the mechanism established pursuant to section 23 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2695) by which the United States Government manages and funds administrative support services at overseas posts. (4) International cooperative administrative support services customer agencies.--The term ``International Cooperative Administrative Support Services customer agencies'' means agencies participating in the International Cooperative Administrative Support Services system. (5) International cooperative administrative support services executive board.--The term ``International Cooperative Administrative Support Services Executive Board'' means the highest-level International Cooperative Administrative Support Services policy-making body comprised of senior representatives of agencies participating in the International Cooperative Administrative Support Services system. SEC. 4. PARTICIPATION IN INTERNATIONAL COOPERATIVE ADMINISTRATIVE SUPPORT SERVICES SYSTEM. (a) In General.--Not later than 2 years after the date of the enactment of this Act, each agency with operations overseas under the authority of the Chief of Mission pursuant to section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) shall participate in the International Cooperative Administrative Support Services system for purposes of obtaining household furniture, furnishings, and appliance pools services, motor pool services, and management services unless-- (1) the agency provides a detailed explanation for evaluation and decision by the International Cooperative Administrative Support Services Executive Board that describes-- (A) how the agency will provide the service outside of the International Cooperative Administrative Support Services system; (B) the cost to the agency of the service; and (C) how providing the service outside the International Cooperative Administrative Support Services system will not increase overall costs to the United States Government; or (2) the agency submits a detailed explanation for evaluation and decision by the International Cooperative Administrative Support Services Executive Board certifying that the mission of the agency cannot be achieved by such participation in the International Cooperative Administrative Support Services system. (b) Rule of Construction.--The motor pool services requirement under subsection (a) applies to administrative services, and shall not be construed as superseding, removing, or limiting any statutory or programmatic requirements related to agency use or procurement of vehicles. SEC. 5. USE OF ALTERNATE SERVICE PROVIDERS. The International Cooperative Administrative Support Services Executive Board shall allow an agency to act as an alternate service provider for administrative services at an overseas post in place of the existing International Cooperative Administrative Support Services provider for purposes of reducing overall costs to the United States Government if the agency-- (1) demonstrates through a business case that it can provide the administrative service more efficiently; and (2) agrees to provide the administrative service to all other International Cooperative Administrative Support Services customer agencies at the overseas post. SEC. 6. REPORTING REQUIREMENTS. (a) Biennial Report.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, and every 2 years thereafter, the Secretary of State, in consultation with the International Cooperative Administrative Support Services Executive Board, shall submit to the appropriate congressional committees a report on the International Cooperative Administrative Support Services system. (2) Content.--The report required under paragraph (1) shall-- (A) establish performance goals to define the level of performance to be achieved in providing efficient, effective, and equitable administrative services to International Cooperative Administrative Support Services customer agencies; (B) establish a balanced set of performance indicators to be used in measuring or assessing progress toward each performance goal; (C) describe how the International Cooperative Administrative Support Services system ensures the accuracy and reliability of the data used to measure progress; and (D) identify strategies and the resources required to achieve performance goals. (b) Comptroller General Review.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a review of the International Cooperative Administrative Support Services system. (2) Content.--The review required under paragraph (1) shall include-- (A) an evaluation of whether requiring agencies to participate in the International Cooperative Administrative Support Services system for household furniture, furnishings, and appliance pools services and motor pools services has increased cost-efficiency and reduced administrative redundancies; (B) recommendations, if warranted, for further consolidation of services in the International Cooperative Administrative Support Services system; (C) an evaluation of how implementation of this Act is affecting the performance of International Cooperative Administrative Support Services customer agencies; and (D) recommendations, if warranted, for improving the International Cooperative Administrative Support Services system and implementing this Act.

Reducing Duplication Overseas Act of 2012 - Requires a federal agency that performs any foreign affairs functions and operates overseas to participate in the International Cooperative Administrative Support Services system for purposes of obtaining household furniture, furnishings, and appliance pools services, motor pool services, and management services unless such agency provides a detailed explanation that describes: (1) how such agency will provide the service outside the system, (2) the cost of the service, and (3) how providing the service outside the system will not increase overall costs. Requires such an agency to provide a detailed explanation certifying that the mission of the agency cannot be achieved by participation in the system. Requires the International Cooperative Administrative Support Services Executive Board to allow an agency to act as an alternative provider for administrative services at an overseas post in place of the system if the agency: (1) demonstratives that it can provide the administrative service more efficiently, and (2) agrees to provide the administrative service to all other International Cooperative Administrative Support Services customer agencies at the overseas post. Requires the Comptroller General (GAO) to submit a review of the system to specified congressional committees

A bill to promote high-quality, cost-efficient, and effective administrative support services to agencies overseas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``1995 Black Revolutionary War Patriots Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 1 dollar coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (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 section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the Black Revolutionary War Patriots Memorial. (2) Designation 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 ``1995''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Black Revolutionary War Patriots Foundation and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on May 15, 1995, and ending May 15, 1996. 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 subsection (d) 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. (d) Surcharges.--All sales shall include a surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Black Revolutionary War Patriots for the purpose of raising an endowment to support the construction of a Black Revolutionary War Patriots Memorial. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Black Revolutionary War Patriots Foundation as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

1995 Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to issue one-dollar silver coins emblematic of the Black Revolutionary War Patriots Memorial. Mandates that all surcharges received from coin sales be paid to the Black Revolutionary War Patriots for the purpose of raising an endowment to support the construction of a Black Revolutionary War Patriots Memorial.

1995 Black Revolutionary War Patriots Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Signature and Electronic Authentication Law (SEAL) of 1998''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) technology has had a tremendous impact on the manner in which banks and other financial institutions conduct their businesses, and has affected virtually all aspects of their operations; (2) such changes relate not only to the creation, retention, and delivery of documents and other information, but also to the receipt and payment of funds, the purchase and sale of goods and services, and other aspects of the ability of a financial institution to communicate with and service its customer base; (3) financial and other transactions will increasingly be carried over open electronic networks such as the Internet, and through other methods where the identity of the parties participating in such transactions may not be easily verifiable and where there is a need to assure that information transmitted among the parties has not been altered; (4) banks, by virtue of their role in the Nation's payment system, their relationships with their customers, and through the prudent use of technology, are well placed to facilitate financial transactions over such electronic media as the Internet; (5) the parties to such financial and other transactions may previously have entered into agreements or system rules pursuant to which the transactions subsequently take place (known as ``closed system transactions''); (6) if the formation of system rules and agreements are otherwise valid and effective under applicable law, such as under State contract law, the parties should be able to use electronic authentication under the terms and conditions of those system rules and agreements, to help ensure that the development of electronic authentication will be appropriately market driven; (7) premature, conflicting, or unwise regulation can inadvertently discourage the use of technology in financial transactions, can inhibit the development of electronic commerce, and can reduce security in financial transactions; (8) it is appropriate for Congress to enable a framework under which banks and their subsidiaries and affiliates can participate in electronic commerce and electronic banking without undue premature or unnecessary regulation, but under which appropriate oversight is provided; and (9) in particular, it is appropriate for the Board of Governors of the Federal Reserve System to consult with the other Federal and State banking regulators and report to the Congress regarding the use of electronic authentication techniques, in order to facilitate electronic commerce and electronic banking, and to study the need for and wisdom of consumer protection in the context of the developing area of electronic commerce. (b) Purposes.--The purposes of this Act are-- (1) to facilitate the participation by financial institutions in the burgeoning area of electronic commerce and electronic banking; (2) to ensure that the interests of consumers are adequately protected; and (3) to avoid the effects of premature or conflicting regulation that could inadvertently impede the development of electronic banking and commerce or imperil the security of electronic banking and commerce. SEC. 3. AMENDMENTS TO THE BANK PROTECTION ACT OF 1968. (a) Definitions.--Section 2 of the Bank Protection Act of 1968 (12 U.S.C. 1881) is amended-- (1) by inserting ``(a) Federal Supervisory Agency.--'' before ``As used''; (2) in paragraph (4), by inserting ``associations'' before the period; and (3) by adding at the end the following: ``(b) Affiliate.--The term `affiliate' has the same meaning as in section 2(k) of the Bank Holding Company Act of 1956. ``(c) Appropriate Federal Banking Agency.--The term `appropriate Federal banking agency' has the same meaning as in section 3 of the Federal Deposit Insurance Act, and includes the National Credit Union Administration with respect to an insured credit union under the Federal Credit Union Act. ``(d) Association.--The term `association' means an organization or association engaged in receiving, sending, and settling payment transactions and instructions, and includes credit and charge card associations, payment clearinghouses, and automated teller machine networks in which insured depository institutions are members or stockholders or in which they participate, or which are supervised and examined by 1 or more of the Federal banking agencies. ``(e) Bank Holding Company.--The term `bank holding company' has the same meaning as in section 2 of the Bank Holding Company Act of 1956. ``(f) Document.--The term `document' means any message, instrument, information, data, image, text, program, software, database, or the similar item, regardless of how created, if such item can be retrieved or displayed in a tangible form. ``(g) Electronic Authentication.--The term `electronic authentication' means a cryptographic or other secure electronic technique that allows the user of the technique-- ``(1) to authenticate the identity of or information associated with a sender of a document; ``(2) to determine that a document was not altered, changed, or modified during its transmission to a recipient; or ``(3) to verify that a document received was sent by the identified party claiming to be the sender. ``(h) Federal Banking Agency.--The term `Federal banking agency' has the same meaning as in section 3 of the Federal Deposit Insurance Act, and includes the National Credit Union Administration. ``(i) Financial Institution.--The term `financial institution' means-- ``(1) an insured depository institution and any branch, representative office, or subsidiary thereof; ``(2) a bank holding company and any subsidiary thereof; ``(3) an affiliate of an insured depository institution; ``(4) an association; ``(5) a foreign bank maintaining an agency or branch (as such terms are defined in section 1(b) of the International Banking Act of 1978) in the United States; or ``(6) any entity that is not described in paragraphs (1) through (5) that is a financial institution, as defined in section 903 of the Electronic Fund Transfer Act, or a card issuer, as defined in section 103 of the Truth in Lending Act, but only to the extent that the transactions of such entity are subject to those Acts, respectively, that affirmatively elects to be subject to the provisions of this Act by providing appropriate notice of such election in accordance with any commercially reasonable practice. ``(j) Insured Depository Institution.--The term `insured depository institution' has the same meaning as in section 3 of the Federal Deposit Insurance Act. ``(k) State Bank Supervisor.--The term `State bank supervisor' has the same meaning as in section 3 of the Federal Deposit Insurance Act. ``(l) Subsidiary.--The term `subsidiary'-- ``(1) has the same meaning as in section 2(d) of the Bank Holding Company Act of 1956; and ``(2) includes a `subsidiary', as defined in section 23A(b)(4) of the Federal Reserve Act.''. (b) Electronic Commerce.--The Bank Protection Act of 1968 (12 U.S.C. 1881 et seq.) is amended by adding at the end the following new sections: ``SEC. 6. ELECTRONIC AUTHENTICATION OF DOCUMENTS. ``(a) Electronic Authentication of Documents, Information, and Identity.-- ``(1) In general.--A financial institution may use electronic authentication in the conduct of its business if it has entered into an agreement regarding the use of electronic authentication with any counterparty, or if it has established a banking, financial, or transactional system using electronic authentication. ``(2) Applicable rules.--The establishment and use of electronic authentication pursuant to this section shall be valid according to the relevant agreements or system rules. ``(b) Oversight.-- ``(1) In general.--The appropriate Federal banking agency or the appropriate State bank supervisor may preclude, by regulation or order, an insured depository institution or a subsidiary or affiliate thereof, or other institution subject to its jurisdiction, from using electronic authentication in the conduct of its business if it determines that-- ``(A) such use would not be consistent with safe and sound banking practices; or ``(B) such use would threaten the safety and soundness of the institution, subsidiary, or affiliate. ``(2) State authority.-- ``(A) In general.--No financial institution shall-- ``(i) be regulated by, be required to register with, or be certified, licensed, or approved by; or ``(ii) be limited by or required to act or operate under standards, rules, or regulations promulgated by, a State government or agency or instrumentality thereof with regard to the use of electronic authentication, including acting as a digital certification authority or performing a similar role, pursuant to this Act. ``(B) Limitation on fees.--No State may-- ``(i) impose a fee with respect to electronic authentication services performed by a financial institution subject to the provisions of this Act; or ``(ii) impose any required minimum fee or otherwise limit the fee that may be charged by a financial institution with respect to electronic authentication services subject to the provisions of this Act. ``(C) Other regulatory authority.--Nothing in this subsection precludes a State bank supervisor from regulating a State-chartered financial institution that is otherwise subject to its jurisdiction. ``(D) Consumer protection.--Nothing in this section impairs the rights afforded to consumers under State general consumer protection laws. ``SEC. 7. CONSUMER PROTECTION. ``Nothing in section 6(a) shall be construed to impair the rights afforded to consumers under-- ``(1) the Truth in Lending Act or the Electronic Fund Transfer Act, or the implementing regulations of the Federal Reserve Board thereunder applicable to electronic funds transfers from a consumer account or extension of credit to consumers; or ``(2) any State law of a similar nature or purpose.''. SEC. 4. FEDERAL RESERVE BOARD STUDY. (a) Report.--Not later than July 1, 2000, the Board of Governors of the Federal Reserve System (hereafter in this section referred to as the ``Board''), in consultation with the Federal banking agencies and State bank supervisors, shall report to the Congress regarding the use of electronic authentication under section 6 of the Bank Protection Act of 1968, as added by this Act by financial institutions. (b) Considerations.--In preparing the report required under subsection (a), the Board shall include consideration of-- (1) the appropriateness of applying the consumer protection provisions of the Truth in Lending Act, and the Electronic Fund Transfer Act, or the implementing regulations of the Board promulgated thereunder, to such transactions; (2) whether protections for consumers should be changed in light of the experience of financial institutions and consumers in transactions where electronic authentication is used in connection with third-party assurances; and (3) the need for consultation and coordination with other nations concerning the international use of electronic authentication by financial institutions and others, with the purposes of-- (A) encouraging simplified regulatory governance, foreign recognition of electronic authentication under this Act, and United States recognition of foreign electronic authentication; (B) encouraging the greatest possible interoperability across borders; (C) imposing the least possible regulation consistent with security and safety and soundness considerations; (D) promoting the smooth functioning of the payments system; and (E) facilitating the opportunity for financial institutions to participate freely and fairly in foreign markets. (c) Incorporation of Defined Terms.--Any term used in this section that is defined in section 2 of the Bank Protection Act of 1968 (as amended by this Act) shall have the same meaning as in that section 2. SEC. 5. RULES OF CONSTRUCTION. (a) Effect on Use.--Nothing in this Act or the amendments made by this Act may be construed to limit the right of any financial institution or other entity to use electronic authentication or other authentication technique in the conduct of its business. (b) Effect on Otherwise Lawful Agreements.--Except as otherwise specifically provided, nothing in this Act or the Bank Protection Act of 1968, as amended by this Act, shall be construed to affect the validity of the formation of relevant agreements or system rules in accordance with the provisions of otherwise applicable Federal or State law.

Digital Signature and Electronic Authentication Law (SEAL) of 1998 - Amends the Bank Protection Act of 1968 to authorize a financial institution to use electronic authentication in business transactions if it has entered into an agreement to do so with a counterparty, or has established a banking, financial or transactional system using electronic authentication. Empowers the appropriate Federal or State bank supervisor to preclude the use of electronic authentication if it determines that such use is inconsistent with or threatens the safety and soundness of the institution. Prohibits a State government, agency, or instrumentality from acting as digital certification authority or imposing fees with respect to electronic authentication services. Requires the Board of Governors of the Federal Reserve System to report to the Congress on the use of electronic authentication, including certain considerations regarding consumer protections, and the international use of electronic authentication by financial institutions.

Digital Signature and Electronic Authentication Law (SEAL) of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Ethics Enforcement Commission Act of 2006''. SEC. 2. OFFICE OF PUBLIC INTEGRITY. (a) In General.--There is established in the legislative branch an independent office to be known as the ``Office of Public Integrity'' (referred to in this Act as the ``Office'') the authority of which shall be vested in the Commission established in section 3. (b) Authority.--The Commission shall have the following authority: (1) Investigating lobbying disclosures filed with the Senate and the House of Representatives. (2) Investigating Senate members and staff who violate restrictions on interactions with lobbyists, as provided in section 4. (3) Conducting research concerning governmental ethics and implement any public educational programs it considers necessary to give effect to this Act. (4) Reporting, not later than December 1 of each year, to the Senate Select Committee on Ethics and the House Committee on Standards of Official Conduct on the Commission's activities in the preceding fiscal year which report shall include a summary of Commission determinations and advisory opinions. The report may contain recommendations on matters within the Commission's jurisdiction. SEC. 3. CONGRESSIONAL ETHICS ENFORCEMENT COMMISSION. (a) Membership.--The Congressional Ethics Enforcement Commission shall consist of 9 members-- (1) 2 of whom shall be appointed by the Majority Leader of the Senate; (2) 2 of whom shall be appointed by the Minority Leader of the Senate; (3) 2 of whom shall be appointed by Speaker of the House; (4) 2 of whom shall be appointed by the Minority Leader of the House; and (5) the last member shall be chosen by agreement of at least 3 of the Speaker, the Senate Majority Leader, the House Minority Leader, and the Senate Minority Leader All members of the Commission shall be United States citizens. Of the 2 members each appointed by the Senate Majority Leader and Minority Leader, the Speaker of the House, and the Minority Leader for the House, 1 shall be a former judge, and 1 shall be a former member of Congress. (b) Pay and Staff.--Commissioners shall receive a $100 per diem for each day of service for the Commission. Each Commissioner shall have 1 enforcement counsel as staff, housed in an Office of Public Integrity created by this Act. (c) Terms of Service.--The members of the Commission shall be appointed not later than 60 days after the investment of this Act to serve a 2-year term. Thereafter, each member shall serve 4-year terms. (d) Vacancies.--Vacancies in membership of the Commission shall be filled by appointment by the original appointing authority in the same manner as the original appointments. (e) Limits on Employment.--While serving on the Commission, a member shall not-- (1) serve as a fundraiser for a Senate or House candidate; (2) contribute to a candidate for Federal office; (3) serve as an officer in a political party; (4) participate in the management or conduct of the political campaign of a candidate; or (5) serve as a registered lobbyist. (f) Dismissal.--A member of the Commission may be removed only by unanimous agreement between the Speaker of the House, the Minority Leader of the House, the Majority Leader of the Senate, and the Minority Leader of the Senate, and only for cause. (g) Chair and Vice Chair.--The chair and the vice chair of the Commission shall be elected by a majority vote of the members of the Commission. The chair and the vice chair shall serve terms of 1 year and may be reelected. The chair shall preside at meetings of the Commission. The vice chair shall preside in the absence or disability of the chair. (h) Meetings.--The Commission shall meet not later than 90 days after the date of enactment of this Act. The time and place of the meeting shall be determined by the chair. Thereafter, the Commission shall meet twice a year or at such times deemed necessary at the call of the chair or a majority of its members. (i) Quorum.--A quorum of the Commission shall consist of 5 or more members. (j) Vote Required.--An affirmative vote of 5 or more members shall be necessary for Commission action. SEC. 4. INVESTIGATIONS AND REPORTS. (a) Complaints.-- (1) Sworn complaint.-- (A) Citizen initiated.--The Commission may only initiate an investigation as a result of a sworn complaint filed by a citizen of the United States. (B) Ban on filing prior to election.--The Commission may not accept charges filed in the-- (i) 30 days prior to a primary election for which the Member in question is a candidate; and (ii) 60 days prior to a general election for which the Member in question is a candidate. (2) Content.--The complaint shall be a notarized written statement alleging a violation against 1 or more named persons and stating the essential facts constituting the violation charged. The Commission shall have no jurisdiction in absence of a complaint. A member of the Commission may file a complaint. (3) Service.--Not later than 10 days after the filing of a complaint, the Commission shall cause a copy of the complaint to be served upon the person alleged to have committed the violation. (4) Answer.--Not later than 20 days after service of the complaint, the person alleged to have committed the violation may file an answer with the Commission. The filing of an answer is wholly permissive, and no inferences shall be drawn from the failure to file an answer. (b) Inquiry.-- (1) In general.--Not later than 10 days after the Commission receives the answer under subsection (a)(4), or the time expires for the filing of an answer, the Commission shall initiate a preliminary inquiry into any alleged violation of this code. If a majority of the Commission staff determines that the complaint fails to state a claim of an ethics violation or is clearly spurious, the complaint shall be dismissed. (2) Status.--Not later than 30 days after the commencement of the inquiry, the Commission staff shall give notice of the status of the complaint and a general statement of the applicable law to the person alleged to have committed a violation. (c) Rights of Alleged Violator.--The Commission shall afford a person who is the subject of a preliminary inquiry an opportunity to appear in response to the allegations in the complaint. The person shall have the right to be represented by counsel, to appear and be heard under oath, and to offer evidence in response to the allegations in the complaint. (d) Commission Proceeding.--All Commission proceedings, including the complaint and answer and other records relating to a preliminary inquiry, shall be confidential until a final determination is made by the Commission, except-- (1) the Commission may, at any time, turn over to the Attorney General of the United States evidence which may be used in criminal proceedings; and (2) if the complainant or alleged violator publicly discloses the existence of a preliminary inquiry, the Commission may publicly confirm the existence of the inquiry and, in its discretion, make public any documents which were issued to either party. (e) Disposition.--If the Commission-- (1) determines by the answer or in the preliminary inquiry that the complaint does not allege facts sufficient to constitute a violation of the rules of the Senate or the House of Representatives or the Lobbying Disclosure Act of 1995, the Commission-- (A) shall immediately terminate the matter and notify in writing the complainant and the person alleged to have committed a violation; (B) may confidentially inform the alleged violator of potential violations and provide information to ensure future compliance with the law; and (C) if the alleged violator publicly discloses the existence of such action by the Commission, may confirm the existence of the action and, in its discretion, make public any documents that were issued to the alleged violator; and (2) during the course of the preliminary inquiry, finds probable cause to believe that an ethics violation has occurred, the Commission-- (A) shall notify the alleged violator of the finding; and (B) may, upon majority vote, either-- (i) due to mitigating circumstances such as lack of significant economic advantage or gain by the alleged violator, lack of significant economic loss to the state, or lack of significant impact on public confidence in government-- (I) confidentially reprimand, in writing, the alleged violator for potential violations of the law and provide a copy of the reprimand to the presiding officer of the House in which the alleged violator serves, or the alleged violator's employer, if the alleged violator is a legislative agent; or (II) if the alleged violator publicly discloses the existence of such an action, confirm the existence of the action and, in its discretion, make public any documents which were issued to the alleged violator; or (ii) initiate an adjudicatory proceeding to determine whether to present a case to the Select Committee on Ethics of the Senate or the Committee on Standards of Official Conduct of the House of Representatives as to whether there has been a violation. (f) Conducting Investigation.--As a part of an investigation, the Commission may-- (1) administer oaths; (2) issue subpoenas; (3) compel the attendance of witnesses and the production of papers, books, accounts, documents, and testimony; (4) take the deposition of witnesses; and (5) conduct general audits of filings under the Lobbying Disclosure Act of 1995. (g) Contempt.--If a person disobeys or refuses to comply with a subpoena, or if a witness refuses to testify to a matter regarding which he may be held in contempt of Congress. (h) Fees for Witnesses.--Each witness subpoenaed under this section shall receive for his attendance the fees and mileage provided for witnesses in the District of Columbia Circuit Court, which shall be audited and paid upon the presentation of proper vouchers sworn to by the witness. (i) Ethics Committees.-- (1) Preliminary investigation.--The investigation of the Commission under this section shall be in lieu of the preliminary ethics investigation required for the Select Committee on Ethics of the Senate or the Committee on Standards of Official Conduct of the House of Representatives. Those committees shall not conduct preliminary investigations upon the establishment of the Commission. (2) Referral.--Upon a majority vote of the Commission at the conclusion of the adjudicatory proceeding, the Commission may present a case with evidence to the Select Committee on Ethics of the Senate or the Committee on Standards of Official Conduct of the House of Representatives, as appropriate. The Select Committee on Ethics of the Senate and the Committee on Standards of Official Conduct of the House of Representatives shall retain the authority to impose sanctions. (j) Civil Offense.--Upon a majority vote of the Commission, the Office of Public Integrity could refer potential legal violations to the Justice Department for Civil Enforcement. (k) Public Report.--Unless otherwise provided in this Act, the Commission shall make each report and statement filed under this Act available for public inspection and copying during regular office hours at the expense of any person requesting copies of them and at a charge not to exceed actual cost, not including the cost of staff required. SEC. 5. PROTECTION FROM FRIVOLOUS CHARGES. (a) In General.--Any person who-- (1) knowingly files with the Commission a false complaint of misconduct on the part of any legislator or other person shall be subject to a $10,000 fine or the cost of the preliminary review, whichever is greater, and up to 1 year in prison; and (2) encourages another person to file a false complaint of misconduct on the part of any legislator or other person shall be shall subject to a $10,000 fine or the cost of the preliminary review, whichever is greater, and up to 1 year in jail. (b) Subsequent Complaints.--Any person subject to either of the penalties in subsection (a) may not file a complaint with the Commission again.

Congressional Ethics Enforcement Commission Act of 2006 - Establishes in the legislative branch the Office of Public Integrity and the Congressional Ethics Enforcement Commission, and vests in the latter the authority of the former. Grants the Commission authority to: (1) investigate lobbying disclosures filed with the Senate and the House of Representatives; (2) investigate Senate members and staff who violate restrictions on interactions with lobbyists; (3) conduct research concerning governmental ethics and implement any public educational programs it considers necessary to give effect to this Act; and (4) report annually to the Senate Select Committee on Ethics and the House Committee on Standards of Official Conduct (ethics committees). Declares that investigation by the Commission shall be in lieu of the preliminary ethics investigation required for such ethics committees. Prohibits such committees from conducting preliminary investigations upon the Commission's establishment. Authorizes the Commission, upon a majority vote, to refer a case with evidence to the appropriate ethics committee. Authorizes the Office of Public Integrity, upon a majority vote of the Commission, to refer potential legal violations to the Department of Justice for civil enforcement. Subjects to fines, costs of the preliminary review, and penalties individuals who: (1) file false complaints with the Commission about alleged misconduct on the part of any legislator or other person; or (2) encourage another individual to do so.

A bill to establish an Office of Public Integrity in the Congress and a Congressional Ethics Enforcement Commission.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Worker Retraining Incentive Act of 2002''. SEC. 2. REFUNDABLE CREDIT FOR PORTION OF SOCIAL SECURITY TAXES BORNE BY EMPLOYEES WHO COMPLETE TRAINING PROGRAM UNDER TRADE ACT OF 1974. (a) General Rule.--Subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. CREDIT FOR PORTION OF SOCIAL SECURITY TAXES BORNE BY EMPLOYEES WHO COMPLETE TRAINING PROGRAM UNDER TRADE ACT OF 1974. ``(a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the individual's social security taxes attributable to service rendered during the 1- year period beginning with the day the individual begins work for the employer. ``(b) Limitation.--No credit shall be allowed under subsection (a) with respect to an individual for a taxable year if the sum of the wages (as defined in section 3121(a)) and compensation (as defined in section 3231(e)) of such individual for such 1-year period is $60,000 or greater. ``(c) Eligible Individual.-- ``(1) In general.--For purposes of this section, the term `eligible individual' means an individual who-- ``(A) successfully completes a Trade Adjustment Assistance program under chapter 2 of title II of the Trade Act of 1974, and ``(B) within 1 year after the completion of such program begins work with an employer in a position requiring skills which are taught in such program. ``(2) Exception.--For purposes of paragraph (1), an individual shall not be treated as an eligible individual if such individual is reemployed with the same employer (or successor thereto) in the same or similar position in which such individual last served before beginning such program. ``(3) Aggregation rule.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (n) or (o) of section 414, shall be treated as a single employer for purposes of this subsection. ``(d) Social Security Taxes.--For purposes of this section-- ``(1) In general.--The term `social security taxes' means, with respect to any taxpayer for any taxable year-- ``(A) the amount of the taxes imposed by section 3101(a) on amounts received by the taxpayer during the calendar year in which the taxable year begins, ``(B) the amount of the taxes determined using so much of the rate applicable under section 3201(a) as does not exceed the rate of tax in effect under section 3101(a) which is imposed by section 3201(a) on amounts received by the taxpayer during the calendar year in which the taxable year begins, and ``(C) the amount of the taxes determined using so much of the rate applicable under section 3211(a)(1) as does not exceed the rate of tax in effect under section 3101(a) which is imposed by section 3211(a)(1) on amounts received by the taxpayer during the calendar year in which the taxable year begins. ``(2) Coordination with special refund of social security taxes.--The term `social security taxes' shall not include any taxes to the extent the taxpayer is entitled to a special refund of such taxes under section 6413(c). ``(3) Special rule.--Any amounts paid pursuant to an agreement under section 3121(l) (relating to agreements entered into by American employers with respect to foreign affiliates) which are equivalent to the taxes referred to in paragraph (1)(A) shall be treated as taxes referred to in such paragraph. ``(e) Denial of Credit to Dependents.--No credit shall be allowed under this section to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins.''. (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or from section 35 of such Code'' before the period at the end. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 35 and inserting the following: ``Sec. 35. Credit for portion of social security taxes borne by employees who complete training program under Trade Act of 1974. ``Sec. 36. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 3. CREDIT FOR PORTION OF EMPLOYER SOCIAL SECURITY TAXES PAID WITH RESPECT TO EMPLOYEES HIRED AFTER COMPLETING TRAINING PROGRAMS UNDER TRADE ACT OF 1974. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following: ``SEC. 45G. CREDIT FOR PORTION OF EMPLOYER SOCIAL SECURITY TAXES PAID WITH RESPECT TO EMPLOYEES HIRED AFTER COMPLETING TRAINING PROGRAMS UNDER TRADE ACT OF 1974. ``(a) General Rule.--For purposes of section 38, the employer trade adjustment assistance hiring credit determined under this section for the taxable year is an amount equal to the aggregate of the qualified social security taxes paid or incurred which are attributable to service of an eligible employee rendered during the 1-year period beginning on the day the employee begins work for the employer. ``(b) Limitation.--No credit shall be allowed under subsection (a) with respect to an employee for a taxable year if the sum of the wages (as defined in section 3121(a)) and compensation (as defined in section 3231(e)) of such employee for such 1-year period is $60,000 or greater. ``(c) Qualified Social Security Tax.-- ``(1) In general.--For purposes of this section, the term `qualified social security tax' means, with respect to any eligible employee for any taxable year-- ``(A) the amount of the taxes imposed by section 3111(a) on amounts paid with respect to such employee by the taxpayer during the calendar year in which the taxable year begins, and ``(B) the amount of the taxes determined using so much of the rate applicable under section 3221(a) as does not exceed the rate of tax in effect under section 3111(a) which is imposed by section 3221(a) on amounts paid with respect to such employee by the taxpayer during the calendar year in which the taxable year begins. ``(2) Coordination with special refund of social security taxes.--The term `social security taxes' shall not include any taxes to the extent the taxpayer is entitled to a special refund of such taxes under section 6413(c). ``(3) Special rule.--Any amounts paid pursuant to an agreement under section 3121(l) (relating to agreements entered into by American employers with respect to foreign affiliates) which are equivalent to the taxes referred to in paragraph (1)(A) shall be treated as taxes referred to in such paragraph. ``(d) Eligible Employee.--For purposes of this section, the term `eligible employee' means an individual who is an eligible individual (as defined in section 35(c)). ``(e) Denial of Double Benefit.--No deduction or other credit shall be allowed under this chapter for any amount taken into account in determining the credit under this section. ``(f) Election Not To Claim Credit.--This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following: ``(16) the trade adjustment assistance hiring credit determined under section 45G.''. (2) 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: ``Sec. 45G. Credit for portion of employer social security taxes paid with respect to employees hired after completing training programs under Trade Act of 1974.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Worker Retraining Incentive Act of 2002 - Amends the Internal Revenue Code to provide credits for portions of social security taxes borne by employees and employers with respect to training programs under Trade Act of 1974.

To amend the Internal Revenue Code of 1986 to provide tax credits for hiring workers retrained in Trade Adjustment Assistance programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom of Choice Act of 1995''. SEC. 2. CONGRESSIONAL STATEMENT OF FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The 1973 Supreme Court decision in Roe v. Wade established constitutionally based limits on the power of States to restrict the right of a woman to choose to terminate a pregnancy. Under the strict scrutiny standard enunciated in Roe v. Wade, States were required to demonstrate that laws restricting the right of a woman to choose to terminate a pregnancy were the least restrictive means available to achieve a compelling State interest. Since 1989, the Supreme Court has no longer applied the strict scrutiny standard in reviewing challenges to the constitutionality of State laws restricting such rights. (2) As a result of the Supreme Court's recent modification of the strict scrutiny standard enunciated in Roe v. Wade, certain States have restricted the right of women to choose to terminate a pregnancy or to utilize some forms of contraception, and these restrictions operate cumulatively to-- (A)(i) increase the number of illegal or medically less safe abortions, often resulting in physical impairment, loss of reproductive capacity or death to the women involved; (ii) burden interstate commerce by forcing women to travel from States in which legal barriers render contraception or abortion unavailable or unsafe to other States or foreign nations; (iii) interfere with freedom of travel between and among the various States; (iv) burden the medical and economic resources of States that continue to provide women with access to safe and legal abortion; and (v) interfere with the ability of medical professionals to provide health services; (B) obstruct access to and use of contraceptive and other medical techniques that are part of interstate and international commerce; (C) discriminate between women who are able to afford interstate and international travel and women who are not, a disproportionate number of whom belong to racial or ethnic minorities; and (D) infringe upon women's ability to exercise full enjoyment of rights secured to them by Federal and State law, both statutory and constitutional. (3) Although Congress may not by legislation create constitutional rights, it may, where authorized by its enumerated powers and not prohibited by a constitutional provision, enact legislation to create and secure statutory rights in areas of legitimate national concern. (4) Congress has the affirmative power both under section 8 of article I of the Constitution of the United States and under section 5 of the Fourteenth Amendment of the Constitution to enact legislation to prohibit State interference with interstate commerce, liberty or equal protection of the laws. (b) Purpose.--It is the purpose of this Act to establish, as a statutory matter, limitations upon the power of States to restrict the freedom of a woman to terminate a pregnancy in order to achieve the same limitations as provided, as a constitutional matter, under the strict scrutiny standard of review enunciated in Roe v. Wade and applied in subsequent cases from 1973 to 1988. SEC. 3. FREEDOM TO CHOOSE. (a) In General.--A State-- (1) may not restrict the freedom of a woman to choose whether or not to terminate a pregnancy before fetal viability; (2) may restrict the freedom of a woman to choose whether or not to terminate a pregnancy after fetal viability unless such a termination is necessary to preserve the life or health of the woman; and (3) may impose requirements on the performance of abortion procedures if such requirements are medically necessary to protect the health of women undergoing such procedures. (b) Rules of Construction.--Nothing in this Act shall be construed to-- (1) prevent a State from protecting unwilling individuals or private health care institutions from having to participate in the performance of abortions to which they are conscientiously opposed; (2) prevent a State from declining to pay for the performance of abortions; or (3) prevent a State from requiring a minor to involve a parent, guardian, or other responsible adult before terminating a pregnancy. SEC. 4. DEFINITION OF STATE. As used in this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and each other territory or possession of the United States.

Freedom of Choice Act of 1995 - Provides that a State: (1) may not restrict the right of a woman to choose to terminate a pregnancy before fetal viability; (2) may restrict such right after fetal viability unless necessary to preserve the life or health of the woman; and (3) may impose requirements on the performance of abortion procedures if medically necessary to protect the health of the woman. Declares that this Act shall not be construed to prevent a State from: (1) protecting individuals from having to participate in abortions to which they are conscientiously opposed; (2) declining to pay for such abortions; or (3) requiring minors to involve responsible adults before terminating a pregnancy.

Freedom of Choice Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Boys & Girls Clubs Centennial Reauthorization Act of 2009''. SEC. 2. BOYS & GIRLS CLUBS OF AMERICA. Section 401 of the Economic Espionage Act of 1966 (42 U.S.C. 13751 note) is amended-- (1) in subsection (a), by striking paragraph (1) and inserting the following: ``(1) Findings.--Congress finds that-- ``(A) for over 100 years, the Boys & Girls Clubs of America, a national organization chartered by an Act of Congress, has proven itself as a positive force in the communities it serves; ``(B) Boys & Girls Clubs and the programs and services implemented therein by over 50,000 professional staff, and 194,000 volunteers promote and enhance the development of boys and girls by instilling a sense of competence, usefulness, belonging and influence thereby making Boys & Girls Clubs a safe place to learn and grow; ``(C) the purpose of the program established by this section has been to provide adequate resources in the form of seed money for the Boys & Girls Clubs of America to assist local communities to form partnerships in a collaborative manor so education, youth development and prevention programs could be available for the youth in those communities; ``(D) in 1990 there were 1,810 Boys and Girls Clubs facilities throughout the United States, Puerto Rico, and the United States Virgin Islands, serving 2,400,000 youths nationwide; ``(E) due to the public investment via the program established pursuant to this section, resulting congressional appropriations, and private partnership support, there are now 4,387 Boys & Girls Clubs facilities throughout the United States, Puerto Rico, and the United States Virgin Islands, serving 4,500,000 youths nationwide; ``(F) with the assistance of the Federal Government, local communities have collaborated to establish and operate the Clubs in schools, parks, parks and recreation facilities, libraries, and community centers; ``(G) these new partnerships have resulted in 33 percent of the Boys & Girls Clubs located in or on school campuses where Club programs enhance and enrich the learning opportunities for youth; ``(H) the growth of Boys & Girls Clubs also includes an increase in Clubs located in public housing sites across the Nation, having grown from 289 in 1990 to 440 in 2009; ``(I) the growth of Boys and Girls Clubs also includes the growth of Boys & Girls Clubs on Native American land, having grown from 0 in 1990 to 225 in 2009 serving 140,000 Native American youth; ``(J) investment in our school partnerships has positively impacted graduation rates as demonstrated in recent survey of Clubs conducted by BGCA's CareerLaunch career preparation program, in which 96.68 percent of participants progressed successfully to the next grade level at the end of the 2008-2009 school year; ``(K) public housing projects and Native American land in which there is an active Boys and Girls Club have experienced a reduction in the presence of crack cocaine, and a reduction in juvenile crime and gang violence; ``(L) Boys & Girls Clubs are locally run and have been exceptionally successful in balancing public funds with private sector donations and maximizing community involvement as evidenced by collaborations and partnerships with schools, cities, counties, Sea Research, other youth providers such as Big Brothers Big Sisters, Police Athletic League (PAL), Cal Ripken Sr. Foundation, Boy Scouts, Girl Scouts, 4-H, and public libraries; and ``(M) further investment in Boys & Girls Clubs, which celebrated 100 years of service in 2006 will-- ``(i) inure to our collective national benefit; ``(ii) continue to assist in the effort to reduce crime and drug use among our Nation's youth by teaching young people how to avoid gangs, resist alcohol, tobacco, and other drug use; ``(iii) continue to assist in improving educational opportunities and create centers of learning in and with schools thereby reducing the drop out rate and helping to improve the economy (if the national male graduation rate were increased by only 5 percent, the Nation would see an annual savings of $4,900,000,00 in crime related costs); ``(iv) continue in the efforts of reducing childhood obesity by teaching young people about the benefits of healthy habits such as eating right and being physically active; ``(v) continue to serve youth in rural communities including Native American land, by engaging and creating partnerships in those communities; ``(vi) continue to serve youth in urban and suburban communities including Public Housing by engaging and creating partnerships in those communities; ``(vii) continue to provide outdoor and environmental education programs for kids that would otherwise not have those educational and enriching opportunities; ``(viii) continue to develop job training programs for teens; and ``(ix) better equip communities to continue to sustain and improve the quality of these programs through effective use of existing resources, merging operations, and working collaboratively within communities to provide the highest quality programs for the youth in the Boys & Girls Clubs.''; (2) in subsection (c)(1)-- (A) by striking ``2006, 2007, 2008, 2009, and 2010'' and inserting ``2011, 2012, 2013, 2014, and 2015''; and (B) by striking ``establishing and extending Boys & Girls Clubs facilities where needed, with particular emphasis placed on establishing clubs in and extending services to public housing projects and distressed areas'' and inserting ``improving the quality of youth development and educational programs, health, physical fitness, and prevention services for youth at existing and new Boys & Girls Clubs facilities with special emphasis on reducing high school drop out rates''; (3) in subsection(c)(2)-- (A) by striking subparagraphs (A) and (B); and (B) by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B), respectively; and (4) by amending subsection (e) to read as follows: ``(e) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section-- ``(A) $85,000,000 for fiscal year 2011; ``(B) $85,000,000 for fiscal year 2012; ``(C) $85,000,000 for fiscal year 2013; ``(D) $85,000,000 for fiscal year 2014; and ``(E) 85,000,000 for fiscal year 2015.''.

Boys & Girls Clubs Centennial Reauthorization Act of 2009 - Amends the Economic Espionage Act of 1966 to reauthorize through FY2015 the mandate for an annual grant to the Boys & Girls Club of America from the Director of the Bureau of Justice Assistance of the Department of Justice. Repeals the limitation on the use of such grants to expansion of the organization to 1,500 additional Boys and Girls Clubs for a total number of at least 5,000 Boys and Girls Clubs of America facilities in operation before January 1, 2010. Replaces the expansion requirement with a goal of improving the quality of youth development and educational programs, health, physical fitness, and prevention services for youth at existing and new Boys & Girls Clubs facilities, with special emphasis on reducing high school dropout rates. Authorizes appropriations for FY2011-FY2015.

A bill to reauthorize the Boys & Girls Clubs of America, in the wake of its Centennial, and its programs and activities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Judiciary Emergency Tolling Act of 2006''. SEC. 2. EMERGENCY AUTHORITY TO DELAY OR TOLL JUDICIAL PROCEEDINGS. (a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1660. Emergency authority to delay or toll judicial deadlines ``(a) Tolling in District Courts.-- ``(1) In general.--In the event of a natural disaster or other emergency situation requiring the closure of courts or rendering it impracticable for the United States Government or a class of litigants to comply with deadlines imposed by any Federal or State law or rule that applies in the courts of the United States, the chief judge of a district court that has been affected may exercise emergency authority in accordance with this section. ``(2) Scope of authority.--(A) The chief judge may enter such order or orders as may be appropriate to delay, toll, or otherwise grant relief from the time deadlines imposed by otherwise applicable laws or rules for such period as may be appropriate for any class of cases pending or thereafter filed in the district court or bankruptcy court of the district. ``(B) Except as provided in subparagraph (C), the authority conferred by this section extends to all laws and rules affecting criminal and juvenile proceedings (including, prearrest, post-arrest, pretrial, trial, and post-trial procedures), civil actions, bankruptcy proceedings, and the time for filing and perfecting an appeal. ``(C) The authority conferred by this section does not include the authority to extend-- ``(i) any statute of limitation for a criminal action; or ``(ii) any statute of limitation for a civil action, if-- ``(I) the claim arises under the laws of a State; and ``(II) extending the limitations period would be inconsistent with the governing State law. ``(3) Unavailability of chief judge.--If the chief judge of the district is unavailable, the authority conferred by this section may be exercised by the district judge in regular active service who is senior in commission or, if no such judge is available, by the chief judge of the circuit that includes the district. ``(4) Habeas corpus unaffected.--Nothing in this section shall be construed to authorize suspension of the writ of habeas corpus. ``(b) Criminal Cases.--In exercising the authority under subsection (a) for criminal cases, the court shall consider the ability of the United States Government to investigate, litigate, and process defendants during and after the emergency situation, as well as the ability of criminal defendants as a class to prepare their defenses. ``(c) Tolling in Courts of Appeals.-- ``(1) In general.--In the event of a natural disaster or other emergency situation requiring the closure of courts or rendering it impracticable for the United States Government or a class of litigants to comply with deadlines imposed by any federal or States law or rule that applies in the courts of the United States, the chief judge of a court of appeals that has been affected or that includes a district court so affected may exercise emergency authority in accordance with this section. ``(2) Scope of authority.--The chief judge may enter such order or orders as may be appropriate to delay, toll, or otherwise grant relief from the time deadlines imposed by otherwise applicable laws or rules for such period as may be appropriate for any class of cases pending in the court of appeals. ``(3) Unavailability of chief judge.--If the chief judge of the circuit is unavailable, the authority conferred by this section may be exercised by the circuit judge in regular active service who is senior in commission. ``(4) Habeas corpus unaffected.--Nothing in this section shall be construed to authorize suspension of the writ of habeas corpus. ``(d) Issuance of Orders.--The Attorney General or the Attorney General's designee may request issuance of an order under this section, or the chief judge of a district or of a circuit may act on his or her own motion. ``(e) Duration of Orders.--An order entered under this section may not toll or extend a time deadline for a period of more than 14 days, except that, if the chief judge (whether of a district or of a circuit) determines that an emergency situation requires additional extensions of the period during which deadlines are tolled or extended, the chief judge may, with the consent of the judicial council of the circuit, enter additional orders under this section in order to further toll or extend such time deadline. ``(f) Notice.--A court issuing an order under this section-- ``(1) shall make all reasonable efforts to publicize the order, including announcing the order on the web sites of all affected courts and the web site of the Federal judiciary; and ``(2) shall, through the Director of the Administrative Office of the United States Courts, send notice of the order, including the reasons for the issuance of the order, to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. ``(g) Required Reports.--A court issuing one or more orders under this section relating to an emergency situation shall, not later than 180 days after the date on which the last extension or tolling of a time period made by the order or orders ends, submit a brief report to the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, and the Judicial Conference of the United States describing the orders, including-- ``(1) the reasons for issuing the orders; ``(2) the duration of the orders; ``(3) the effects of the orders on litigants; and ``(4) the costs to the judiciary resulting from the orders. ``(h) Exceptions.--The notice under subsection (f)(2) and the report under subsection (g) are not required in the case of an order that tolls or extends a time deadline for a period of less than 14 days.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 111 of title 28, United States Code, is amended by adding at the end the following new item: ``1660. Emergency authority to delay or toll judicial deadlines.''. Passed the House of Representatives July 17, 2006. Attest: KAREN L. HAAS, Clerk.

Federal Judiciary Emergency Tolling Act of 2006 - Authorizes the chief judge of a federal judicial district or circuit to delay, toll, or otherwise grant relief from time deadlines (including the time for filing or perfecting an appeal) for any class of cases pending or thereafter filed in the district court or bankruptcy court of the district, or for any class of cases pending in the court of appeals, in the event of a natural disaster or other emergency situation requiring the closure of courts or rendering it impracticable for the U.S. Government or a class of litigants to comply with deadlines imposed by any federal or state law or rule that applies in federal court. Extends such tolling authority to all laws and rules affecting criminal and juvenile proceedings (including, prearrest, post-arrest, pretrial, trial, and post-trial procedures), civil actions, bankruptcy proceedings, and the time for filing and perfecting an appeal. Excludes from such authority, however, any statute of limitation for: (1) a criminal action; or (2) a civil action, if the claim arises under state law and extending the limitations period would be inconsistent with such law. Allows the exercise of such authority, in the absence of the chief judge, by: (1) the senior district judge in regular active service, or, if no such judge is available, by the chief judge of the circuit that includes the district; or (2) by the senior circuit judge of appeals in regular active service. Declares that nothing in this Act shall be construed to authorize suspension of the writ of habeas corpus.

To provide emergency authority to delay or toll judicial proceedings in United States district and circuit courts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bullying Prevention for School Safety and Crime Reduction Act of 2003''. SEC. 2. AMENDMENTS TO SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT REGARDING BULLYING. (a) Amendments to Safe and Drug-Free Schools and Communities Act.-- Part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.; commonly referred to as the ``Safe and Drug-Free Schools and Communities Act'') is amended-- (1) in the matter preceding paragraph (1) in section 4002, and in sections 4112(a)(5)(A), 4112(c)(2)(D)(ii), 4115(b)(1)(C)(i), and 4115(b)(2)(A)(i), by striking ``violence'' and inserting ``violence and bullying''; (2) by striking the term ``drug and violence prevention'' each place such term appears and inserting ``drug, violence, and bullying prevention'', including in sections 4002(1), 4002(2), 4002(4), 4112(a)(3), 4112(a)(5), 4112(c)(2)(D), 4113(a)(4), 4113(a)(5), 4113(a)(9), 4113(a)(10), 4113(a)(14), 4114(a)(1), 4114(c)(1)(A), 4114(d)(2), 4114(d)(6), 4115(a)(1)(A), 4115(b)(2)(B), 4115(b)(2)(C), 4115(b)(2)(D), 4115(b)(2)(E), 4115(d), 4116(a)(1)(B), 4121(a)(1), 4121(a)(2), and 4121(a)(5); (3) by striking the term ``drug use and violence'' each place such term appears and inserting ``drug use, violence, and bullying'', including in sections 4002(4), 4112(a)(2), 4112(c)(3)(B)(iv), 4113(a)(9)(A), 4115(b)(1)(C)(ii), 4116(a)(2)(B), and 4122(c); (4) in section 4112(c)(3)(B)(ii), by striking ``violence and drug-related'' and inserting ``violence, bullying, and drug-related''; (5) in section 4114(d)(6), by striking ``acts of violence'' and inserting ``acts of violence and bullying''; (6) in sections 4115(a)(1)(A), 4115(a)(1)(C), 4115(a)(2)(A), 4115(b)(2)(E), and 4122(a), by striking the term ``violence and illegal drug use'' each place such term appears and inserting ``violence, bullying, and illegal drug use''; (7) in section 4115(b)(2)(B), by striking the term ``violence and illegal use of drugs'' each place such term appears and inserting ``violence, bullying, and illegal use of drugs''; (8) in the matter preceding clause (i) in section 4115(b)(2)(E), and in section 4152(a), by striking the term ``Drug and violence prevention'' each place such term appears and inserting ``Drug, violence, and bullying prevention''; (9) in sections 4115(b)(2)(E)(vii) and 4122(b) by striking ``illegal drug use and violence'' and inserting ``violence, bullying, and illegal drug use''; (10) in section 4115(b)(2)(E)(ix), by striking ``violent or drug abusing students'' and inserting ``violent, bullying, or drug abusing students''; (11) in section 4115(b)(2)(E)(x), by striking ``violent behavior and illegal use of drugs'' and inserting ``violent behavior, bullying, and illegal use of drugs''; (12) in section 4115(b)(2)(E)(xiii)-- (A) by striking ``violence prevention and education programs'' and inserting ``violence and bullying prevention and education programs''; and (B) by striking ``resolve conflicts without violence'' and inserting ``resolve conflicts without violence or bullying''; (13) in section 4115(b)(2)(E)(xv), by striking ``major accident, or a drug-related incident'' and inserting ``major accident, bullying incident, or a drug-related incident''; (14) in sections 4115(b)(2)(E)(xviii) and 4116(b)(1), by striking ``safety hotline'' and inserting ``safety and bullying prevention hotline''; (15) in section 4116(a)(1)(C), by striking ``violence and drug prevention'' and inserting ``drug, violence, and bullying prevention''; (16) in section 4121(a), by striking ``illegal use of drugs and violence'' and inserting ``violence, bullying, and illegal drug use''; (17) in section 4121(a)(4), by striking ``violence prevention and education'' and inserting ``violence and bullying prevention and education''; (18) in sections 4121(a)(6) and 4121(a)(8), by striking ``drug and violence problems'' and inserting ``drug, violence, and bullying problems''; (19) in section 4122(a)(2), by striking ``and school violence'' and inserting ``school violence and bullying,''; (20) in sections 4124(a)(1)(B) and 4124(a)(3), by striking ``substance abuse and violence prevention'' and inserting ``violence, bullying, and substance abuse prevention''; (21) in section 4124(b)(4)(A)(i), by striking ``substance abuse and violence problem'' and inserting ``violence, bullying, and substance abuse problem''; (22) in section 4127(c), by striking ``school violence research'' and inserting ``school violence and bullying research''; (23) in section 4128(b)(2), by striking ``such as substance abuse'' and inserting ``such as bullying, substance abuse''; (24) in section 4128(b)(4), by striking ``school violence prevention'' and inserting ``school violence and bullying prevention''; (25) in section 4130(b)(1)(B)(iv), by striking ``violence, use of dangerous weapons'' and inserting ``violence and bullying, use of dangerous weapons''; (26) in section 4130(b)(5)(B)(i), by striking ``schools with violence problems'' and inserting ``schools with violence or bullying problems''; (27) in section 4151-- (A) in paragraph (3)-- (i) by striking ``Drug and violence prevention'' in the heading and inserting ``Drug, violence, and bullying prevention''; (ii) by striking ``drug and violence prevention'' each place such term appears and inserting ``drug, violence, and bullying prevention''; and (iii) in subparagraph (B), by inserting ``and bullying'' after ``with respect to violence''; and (B) in paragraphs (6) and (7), by striking ``violent behavior'' and inserting ``violent or bullying behavior''; and (28) in section 4152(a), by striking ``acts of violence'' and inserting ``acts of violence or bullying''. (b) Amendment to Omnibus Crime Control and Safe Streets Act of 1968.--Paragraph (13) of section 1801 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 2796ee; relating to juvenile accountability block grants) is amended to read as follows: ``(13) establishing and maintaining accountability-based programs that are designed to enhance school safety, which programs may include research-based bullying prevention programs;''.

Bullying Prevention for School Safety and Crime Reduction Act of 2003 - Amends: (1) the Safe and Drug-Free Schools and Communities Act to cover bullying (as well as drug and violence) prevention; and (2) the Omnibus Crime Control and Safe Streets Act of 1968 to authorize (with respect to juvenile accountability block grants) establishing and maintaining accountability-based programs that are designed to enhance school safety, which may include research-based bullying prevention programs.

To amend the Safe and Drug-Free Schools and Communities Act and the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of grant funds for bullying prevention, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Airport Safety, Security, and Air Service Improvement Act of 2002''. SEC. 2. INCLUSION OF TOWERS IN AIRPORT DEVELOPMENT. Section 47102(3) of title 49, United States Code, is amended by adding at the end the following: ``(M) constructing an air traffic control tower or acquiring and installing air traffic control, communications, and related equipment at an air traffic control tower under the terms specified in section 47124(b)(4).''. SEC. 3. CONSTRUCTION OF AIR TRAFFIC CONTROL TOWERS. (a) In General.--Section 47124(b)(4) of title 49, United States Code, is amended to read as follows: ``(4) Construction of air traffic control towers.-- ``(A) Grants.--The Secretary may provide grants to a sponsor of-- ``(i) a primary airport-- ``(I) from amounts made available under sections 47114(c)(1) and 47114(c)(2) for the construction or improvement of a nonapproach control tower, as defined by the Secretary, and for the acquisition and installation of air traffic control, communications, and related equipment to be used in that tower; ``(II) from amounts made available under sections 47114(c)(1) and 47114(c)(2) for reimbursement for the cost of construction or improvement of a nonapproach control tower, as defined by the Secretary, incurred after October 1, 1996, if the sponsor complied with the requirements of sections 47107(e), 47112(b), and 47112(c) in constructing or improving that tower; and ``(III) from amounts made available under sections 47114(c)(1) and 47114(c)(2) for reimbursement for the cost of acquiring and installing in that tower air traffic control, communications, and related equipment that was acquired or installed after October 1, 1996; and ``(ii) a public-use airport that is not a primary airport-- ``(I) from amounts made available under sections 47114(c)(2) and 47114(d) for the construction or improvement of a nonapproach control tower, as defined by the Secretary, and for the acquisition and installation of air traffic control, communications, and related equipment to be used in that tower; ``(II) from amounts made available under sections 47114(c)(2) and 47114(d)(3)(A) for reimbursement for the cost of construction or improvement of a nonapproach control tower, as defined by the Secretary, incurred after October 1, 1996, if the sponsor complied with the requirements of sections 47107(e), 47112(b), and 47112(c) in constructing or improving that tower; and ``(III) from amounts made available under sections 47114(c)(2) and 47114(d)(3)(A) for reimbursement for the cost of acquiring and installing in that tower air traffic control, communications, and related equipment that was acquired or installed after October 1, 1996. ``(B) Eligibility.--An airport sponsor shall be eligible for a grant under this paragraph only if-- ``(i)(I) the sponsor is a participant in the Federal Aviation Administration contract tower program established under subsection (a) and continued under paragraph (1) or the pilot program established under paragraph (3); or ``(II) construction of a nonapproach control tower would qualify the sponsor to be eligible to participate in such program; ``(ii) the sponsor certifies that it will pay not less than 10 percent of the cost of the activities for which the sponsor is receiving assistance under this paragraph; ``(iii) the Secretary affirmatively accepts the proposed contract tower into a contract tower program under this section and certifies that the Secretary will seek future appropriations to pay the Federal Aviation Administration's cost of the contract to operate the tower to be constructed under this paragraph; ``(iv) the sponsor certifies that it will pay its share of the cost of the contract to operate the tower to be constructed under this paragraph; and ``(v) in the case of a tower to be constructed under this paragraph from amounts made available under section 47114(d)(2) or 47114(d)(3)(B), the Secretary certifies that-- ``(I) the Federal Aviation Administration has consulted the State within the borders of which the tower is to be constructed and the State supports the construction of the tower as part of its State airport capital plan; and ``(II) the selection of the tower for funding is based on objective criteria, giving no weight to any congressional committee report, joint explanatory statement of a conference committee, or statutory designation. ``(C) Limitation on federal share.--The Federal share of the cost of construction of a nonapproach control tower under this paragraph may not exceed $1,100,000.''. (b) Conforming Amendments.--Section 47124(b) of such title is amended-- (1) in paragraph (3)(A) by striking ``Level I air traffic control towers, as defined by the Secretary,'' and inserting ``nonapproach control towers, as defined by the Secretary,''; and (2) in paragraph (3)(E) by striking ``Subject to paragraph (4)(D), of'' and inserting ``Of''. (c) Savings Clause.--Notwithstanding the amendments made by this section, the 2 towers for which assistance is being provided on the day before the date of enactment of this Act under section 47124(b)(4) of title 49, United States Code, as in effect on such day, may continue to be provided such assistance under the terms of such section. SEC. 4. NONAPPROACH CONTROL TOWERS. (a) In General.--The Administrator of the Federal Aviation Administration may enter into a lease agreement or contract agreement with a private entity to provide for construction and operation of a nonapproach control tower as defined by the Secretary of Transportation. (b) Terms and Conditions.--An agreement entered into under this section-- (1) shall be negotiated under such procedures as the Administrator considers necessary to ensure the integrity of the selection process, the safety of air travel, and to protect the interests of the United States; (2) may provide a lease option to the United States, to be exercised at the discretion of the Administrator, to occupy any general-purpose space in a facility covered by the agreement; (3) shall not require, unless specifically determined otherwise by the Administrator, Federal ownership of a facility covered under the agreement after the expiration of the agreement; (4) shall describe the consideration, duties, and responsibilities for which the United States and the private entity are responsible; (5) shall provide that the United States will not be liable for any action, debt, or liability of any entity created by the agreement; (6) shall provide that the private entity may not execute any instrument or document creating or evidencing any indebtedness with respect to a facility covered by the agreement unless such instrument or document specifically disclaims any liability of the United States under the instrument or document; and (7) shall include such other terms and conditions as the Administrator considers appropriate. SEC. 5. USE OF APPORTIONMENTS TO PAY NON-FEDERAL SHARE OF OPERATION COSTS. (a) Study.--The Secretary of Transportation shall conduct a study of the feasibility, costs, and benefits of allowing the sponsor of an airport to use not to exceed 10 percent of amounts apportioned to the sponsor under section 47114 to pay the non-Federal share of the cost of operation of an air traffic control tower under section 47124(b) of title 49, United States Code. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study. Passed the House of Representatives June 20, 2002. Attest: JEFF TRANDAHL, Clerk.

Small Airport Safety, Security, and Air Service Improvement Act of 2002 - Amends Federal aviation law to make eligible for airport development project funds the construction of an air traffic control tower or the acquisition and installation of air traffic control, communications, and related equipment at a tower under specified terms.(Sec. 3) Authorizes the Secretary of Transportation under the air traffic control contract program to provide grants to a sponsor of a primary airport or a nonprimary airport from certain airport development and noise compatibility planning program funds for: (1) the construction or improvement of a nonapproach control tower (formerly known as a level I air traffic control tower); (2) the acquisition and installation of air traffic control, communications, and related equipment to be used in that tower; and (3) reimbursement for the cost of tower construction or improvement, and acquisition and installation in the tower of such equipment, if certain requirements are met. Revises eligibility requirements with respect to such grants.Limits the Federal share of cost of construction of a nonapproach control tower to no more $1.1 million.(Sec. 4) Authorizes the Administrator of the Federal Aviation Administration to enter into a lease agreement or contract agreement with a private entity to provide for construction and operation of a nonapproach control tower. Sets forth certain agreement terms and conditions.(Sec. 5) Directs the Secretary to study and report to Congress on the feasibility, costs, and benefits of allowing an airport sponsor to use up to ten percent of airport planning and development and noise compatibility planning funds apportioned to it to pay the non-Federal share of the cost of operation of an air traffic control tower.

To amend title 49, United States Code, to provide assistance for the construction of certain air traffic control towers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women, Peace, and Security Act of 2017''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Around the world, women remain underrepresented in conflict prevention, conflict resolution, and post-conflict peace building efforts. (2) Women in conflict-affected regions have achieved significant success in-- (A) moderating violent extremism; (B) countering terrorism; (C) resolving disputes through nonviolent mediation and negotiation; and (D) stabilizing societies by enhancing the effectiveness of security services, peacekeeping efforts, institutions, and decision-making processes. (3) Research suggests that peace negotiations are more likely to succeed and to result in durable peace agreements when women participate in the peace process. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the meaningful participation of women in conflict prevention and conflict resolution processes helps to promote more inclusive and democratic societies and is critical to the long-term stability of countries and regions; (2) the political participation, and leadership of women in fragile environments, particularly during democratic transitions, is critical to sustaining lasting democratic institutions; and (3) the United States should be a global leader in promoting the meaningful participation of women in conflict prevention, management, and resolution, and post-conflict relief and recovery efforts. SEC. 4. STATEMENT OF POLICY. It shall be the policy of the United States to promote the meaningful participation of women in all aspects of overseas conflict prevention, management, and resolution, and post-conflict relief and recovery efforts, reinforced through diplomatic efforts and programs that-- (1) integrate the perspectives and interests of affected women into conflict-prevention activities and strategies; (2) encourage partner governments to adopt plans to improve the meaningful participation of women in peace and security processes and decision-making institutions; (3) promote the physical safety, economic security, and dignity of women and girls; (4) support the equal access of women to aid distribution mechanisms and services; (5) collect and analyze gender data for the purpose of developing and enhancing early warning systems of conflict and violence; (6) adjust policies and programs to improve outcomes in gender equality and the empowerment of women; and (7) monitor, analyze, and evaluate the efforts related to each strategy submitted under section 5 and the impact of such efforts. SEC. 5. UNITED STATES STRATEGY TO PROMOTE THE PARTICIPATION OF WOMEN IN CONFLICT PREVENTION AND PEACE BUILDING. (a) Requirement.--Not later than 1 year after the date of the enactment of this Act, and again 4 years thereafter, the President, in consultation with the heads of the relevant Federal departments and agencies, shall submit to the appropriate congressional committees and make publicly available a single government-wide strategy, to be known as the Women, Peace, and Security Strategy, that provides a detailed description of how the United States intends to fulfill the policy objectives in section 4. The strategy shall-- (1) support and be aligned with plans developed by other countries to improve the meaningful participation of women in peace and security processes, conflict prevention, peace building, transitional processes, and decision-making institutions; and (2) include specific and measurable goals, benchmarks, performance metrics, timetables, and monitoring and evaluation plans to ensure the accountability and effectiveness of all policies and initiatives carried out under the strategy. (b) Specific Plans for Departments and Agencies.--Each strategy under subsection (a) shall include a specific implementation plan from each of the relevant Federal departments and agencies that describes-- (1) the anticipated contributions of the department or agency, including technical, financial, and in-kind contributions, to implement the strategy; and (2) the efforts of the department or agency to ensure that the policies and initiatives carried out pursuant to the strategy are designed to achieve maximum impact and long-term sustainability. (c) Coordination.--The President should promote the meaningful participation of women in conflict prevention, in coordination and consultation with international partners, including, as appropriate, multilateral organizations, stakeholders, and other relevant international organizations, particularly in situations in which the direct engagement of the United States Government is not appropriate or advisable. (d) Sense of Congress.--It is the sense of Congress that the President, in implementing each strategy submitted under subsection (a), should-- (1) provide technical assistance, training, and logistical support to female negotiators, mediators, peace builders, and stakeholders; (2) address security-related barriers to the meaningful participation of women; (3) encourage increased participation of women in existing programs funded by the United States Government that provide training to foreign nationals regarding law enforcement, the rule of law, or professional military education; (4) support appropriate local organizations, especially women's peace building organizations; (5) support the training, education, and mobilization of men and boys as partners in support of the meaningful participation of women; (6) encourage the development of transitional justice and accountability mechanisms that are inclusive of the experiences and perspectives of women and girls; (7) expand and apply gender analysis, as appropriate, to improve program design and targeting; and (8) conduct assessments that include the perspectives of women regarding new initiatives in support of peace negotiations, transitional justice and accountability, efforts to counter violent extremism, or security sector reform. SEC. 6. TRAINING REQUIREMENTS REGARDING THE PARTICIPATION OF WOMEN IN CONFLICT PREVENTION AND PEACE BUILDING. (a) Foreign Service.--The Secretary of State, in conjunction with the Administrator of the United States Agency for International Development, shall ensure that all appropriate personnel (including special envoys, members of mediation or negotiation teams, relevant members of the civil service or Foreign Service, and contractors) responsible for or deploying to countries or regions considered to be at risk of, undergoing, or emerging from violent conflict obtain training, as appropriate, in the following areas, each of which shall include a focus on women and ensuring meaningful participation by women: (1) Conflict prevention, mitigation, and resolution. (2) Protecting civilians from violence, exploitation, and trafficking in persons. (3) International human rights law and international humanitarian law. (b) Department of Defense.--The Secretary of Defense shall ensure that relevant personnel receive training, as appropriate, in the following areas: (1) Training in conflict prevention, peace processes, mitigation, resolution, and security initiatives that specifically addresses the importance of meaningful participation by women. (2) Gender considerations and meaningful participation by women, including training regarding-- (A) international human rights law and international humanitarian law, as relevant; and (B) protecting civilians from violence, exploitation, and trafficking in persons. (3) Effective strategies and best practices for ensuring meaningful participation by women. SEC. 7. CONSULTATION AND COLLABORATION. (a) In General.--The Secretary of State and the Administrator of the United States Agency for International Development may establish guidelines or take other steps to ensure overseas United States personnel of the Department of State or the United States Agency for International Development, as the case may be, consult with appropriate stakeholders, including local women, youth, ethnic and religious minorities, and other politically underrepresented or marginalized populations, regarding United States efforts to-- (1) prevent, mitigate, or resolve violent conflict; and (2) enhance the success of mediation and negotiation processes by ensuring the meaningful participation of women. (b) Collaboration and Coordination.--The Secretary of State should work with international, regional, national, and local organizations to increase the meaningful participation of women in international peacekeeping operations, and should promote training that provides international peacekeeping personnel with the substantive knowledge and skills needed to ensure effective physical security and meaningful participation of women in conflict prevention and peace building. SEC. 8. REPORTS TO CONGRESS. (a) Briefing.--Not later than 1 year after the date of the first submission of a strategy required under section 5, the Secretary of State, in conjunction with the Administrator of the United States Agency for International Development and the Secretary of Defense, shall brief the appropriate congressional committees on existing, enhanced, or newly established training carried out pursuant to section 6. (b) Report on Women, Peace, and Security Strategy.--Not later than 2 years after the date of the submission of each strategy required under section 5, the President shall submit to the appropriate congressional committees a report that-- (1) summarizes and evaluates the implementation of such strategy and the impact of United States diplomatic efforts and foreign assistance programs, projects, and activities to promote the meaningful participation of women; (2) describes the nature and extent of the coordination among the relevant Federal departments and agencies on the implementation of such strategy; (3) outlines the monitoring and evaluation tools, mechanisms, and common indicators to assess progress made on the policy objectives set forth in section 4; and (4) describes the existing, enhanced, or newly established training carried out pursuant to section 6. SEC. 9. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives. (2) Relevant federal departments and agencies.--The term ``relevant Federal departments and agencies'' means-- (A) the United States Agency for International Development; (B) the Department of State; (C) the Department of Defense; (D) the Department of Homeland Security; and (E) any other department or agency specified by the President for purposes of this Act. (3) Stakeholders.--The term ``stakeholders'' means nongovernmental and private sector entities engaged in or affected by conflict prevention and stabilization, peace building, protection, security, transition initiatives, humanitarian response, or related efforts. Passed the House of Representatives June 20, 2017. Attest: KAREN L. HAAS, Clerk.

. Women, Peace, and Security Act of 2017 (Sec. 3) This bill expresses the sense of Congress that: (1) the United States should be a global leader in promoting the participation of women in conflict prevention, management, and resolution and post-conflict relief and recovery efforts; and (2) the political participation and leadership of women in fragile environments, particularly during democratic transitions, is critical to sustaining democratic institutions. (Sec. 4) The bill declares that it shall be U.S. policy to promote the meaningful participation of women in all aspects of overseas conflict prevention, management, and resolution, and post-conflict relief and recovery efforts. (Sec. 5) The President, by one year after this bill's enactment and four years thereafter, shall submit to Congress and make public a Women, Peace, and Security Strategy, which shall: be aligned with other countries' plans to improve the participation of women in peace and security processes, conflict prevention, peace building, and decision-making institutions; include goals and evaluation plans to ensure strategy effectiveness; and include a specific implementation plan from each relevant federal agency. The President is urged to promote women's participation in conflict prevention, in coordination with international partners. (Sec. 6) The Department of State and the Department of Defense (DOD) shall ensure that specified personnel receive training in conflict prevention, mitigation, and resolution and on other related topics. (Sec. 7) The State Department and the U.S. Agency for International Development (USAID) may establish guidelines for overseas U.S. personnel to consult with appropriate stakeholders regarding U.S. efforts to: (1) prevent, mitigate, or resolve violent conflict; and (2) enhance the success of mediation and negotiation processes by ensuring the meaningful participation of women. The State Department is urged to work with international, regional, national, and local organizations to increase the participation of women in international peacekeeping operations. (Sec. 8) The State Department, in conjunction with USAID and DOD and within a year of the first submission of the strategy, shall brief Congress on existing, enhanced, or newly established training carried out pursuant to this bill. The President, within two years of the submission of each strategy, shall report to Congress regarding its implementation.

Women, Peace, and Security Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Benefit Equity and Emergency Access to Prescription Drugs Act of 1999''. SEC. 2. FINDINGS. Congress finds as follows: (1) American taxpayers should receive equal Medicare services regardless of place of residence. (2) Medicare managed care plans play a fundamental role in the health of our Nation's seniors, often providing coordinated care and access to pharmaceuticals. The loss of Medicare managed care plans and their services can be devastating to our Nation's Medicare-eligible seniors. (3) For the second consecutive year, Medicare managed care plans are abandoning hundreds of thousands of medicare beneficiaries. The most recent announcement of plan cancellations means that within the past two years, 734,000 of the Nation's 6,200,000 Medicare beneficiaries enrolled in managed care plans will have been dropped from those plans. (4) In 1999, Medicare managed care plan withdrawals affected nearly 407,000 Medicare beneficiaries, and 51,276 beneficiaries in 79 counties were left with no other Medicare managed care option. (5) Beginning January 2000, another 327,000 enrollees will need to find alternative coverage, and 79,000 of these Medicare managed care participants will have no other Medicare+Choice plan available. (6) Medicare beneficiaries who have lost their managed care option can enroll in Medicare fee-for-service; however, Medicare fee-for-service does not currently provide comprehensive outpatient pharmaceutical coverage. (7) While all beneficiaries pay the same medicare part B premium as other program participants, Medicare beneficiaries regularly pay managed care plans varied amounts and receive very unequal services and benefits. (8) A growing body of data suggests that medical practice and Medicare spending vary substantially among the Nation's hospital referral regions, even after adjustments for differences in regional prices and illness rates, but there is little evidence that greater spending brings better health. (9) By adjusting Medicare reimbursement payment rates (adjusted for age, sex, severity of illness, etc.,) and lowering Medicare reimbursement payment to providers and regions where there are more costly patterns of practice without better health outcomes, Congress can provide more equitable and efficient health care for our Nation's 39,000,000 Medicare beneficiaries. (10) Such a strategy will encourage a more responsible practice of medicine at the lowest cost to the taxpayer and Medicare beneficiary, and will free resources for improvements to the medicare program. SEC. 3. MEDICARE CLINICAL PRACTICE AND PAYMENT PATTERN ADJUSTMENT. (a) Establishment of Practice Profiles.-- (1) In general.--By not later than January 1, 2002, the Secretary of Health and Human Services shall establish clinical profiles of the practice and payment patterns of health care providers (including both institutional providers and health care professionals) furnishing items and services under the medicare program under title XVIII of the Social Security Act in order to determine how their practice and payment patterns compare to each other on a local, State, and national basis. In establishing such profiles, the Secretary shall take into account differences in the case mix and severity of patients served by such providers and shall take into account, to the extent practicable, the medical outcomes resulting from such practices. (2) Dissemination of information.--The Secretary shall establish a method for disseminating summary information to the public on the clinical profiles established under paragraph (1). No information that identifies (or permits the identification of) an individual patient shall be disseminated. (b) Authority To Make Payment Adjustments.--For items and services furnished on or after January 1, 2003, the Secretary of Health and Human Services may adjust the amount of the payments made under the medicare program to such health care providers in order to encourage their provision of services in a medically appropriate manner and to discourage significant deviations in underservice or overservice from generally accepted norms of medical practice. Such adjustments shall be made on the basis of provider profiles established under subsection (a) and shall be made only after-- (1) taking into account variations among providers in the case mix and severity of patients served; and (2) the Secretary determines that discouraging particular patterns of overservice will not adversely affect outcomes or quality of care. (c) Schedule To Reduce Overpayments.-- (1) In general.--For items and services furnished on or after January 1, 2004, the Secretary shall annually reduce overpayments to providers by five percent of the overpayment amount (as defined in paragraph (2)). Such reduction shall be administered through a percentage reduction in the providers' applicable payment methodology. (2) Overpayment amount defined.--In this subsection, the term ``overpayment amount'' means a health care provider's payment profile minus the median national payment profiles for similar health care providers, adjusted for variations in case mix and severity of patients served. SEC. 4. ADJUSTMENT IN MEDICARE+CHOICE PAYMENT RATES TO OVERPAID COUNTIES. (a) In General.--Section 1853(c)(1)(C) of the Social Security Act (42 U.S.C. 1395w-23(c)(1)(C)) is amended-- (1) in clause (ii), by striking ``For a subsequent year,'' and inserting ``Subject to clause (iii), for a subsequent year,''; and (2) by adding at the end the following new clause: ``(iii) In the case of a year beginning after 1999 for which the Secretary determines there is an overpaid payment area (as defined in paragraph (8)), the following: ``(I) In the case of such overpaid payment area, 100.5 percent of the annual Medicare+Choice capitation rate under this paragraph for the area for the previous year. ``(II) In the case of a payment area that is not an overpaid payment area, 102 percent of the annual Medicare+Choice capitation rate under this paragraph for the area for the previous year.''. (b) Overpaid Payment Area Defined.--Section 1853(c) of such Act (42 U.S.C. 1395w-23(c)) is amended by adding at the end the following new paragraph: ``(8) Overpaid payment area defined.--For purposes of paragraph (1)(C)(iii), the term `overpaid payment area' means a Medicare+Choice payment area for a year for which the annual per capita rate of payment for such area exceeds the mean of the annual per capita rates of payments for all Medicare+Choice payment areas for that year by more than two standard deviations, such mean determined without regard to the number of Medicare beneficiaries in such payment areas.''. (c) Allocation of Savings to Underpaid Counties.--For a contract year consisting of a calendar year beginning on or after January 1, 2000, for which the Secretary of Health and Human Services has determined there is an overpaid payment area (as defined in section 1853(c)(8)), as added by subsection (b), the Secretary shall adjust the annual per capita rate of payment for Medicare+Choice payment areas described in section 1853(c)(1)(C)(iii)(II), as added by subsection (a), to increase the blended capitation rate applicable to such areas under section 1853(c)(1)(A) (in such pro rata manner as the Secretary determines appropriate) by an aggregate amount equal to the aggregate amount of reductions in payments attributable to section 1853(c)(1)(C)(iii)(I), as added by subsection (a). SEC. 5. PROVISION OF EMERGENCY OUTPATIENT PRESCRIPTION DRUG COVERAGE FOR MEDICARE BENEFICIARIES LOSING DRUG COVERAGE UNDER MEDICARE+CHOICE PLANS. (a) Temporary Coverage of Outpatient Prescription Drugs for Medicare Beneficiaries Losing Prescription Drug Coverage Under Medicare+Choice Plans.-- (1) In general.--The Secretary of Health and Human Services shall provide for coverage of outpatient prescription drugs to eligible Medicare beneficiaries under this section. The Secretary shall provide for such coverage by entering into agreements with eligible organizations to furnish such coverage. (2) Term of emergency coverage.--The Secretary shall provide coverage of outpatient prescription drugs to an eligible Medicare beneficiary under this section for the 18- month period beginning on the date the eligible Medicare beneficiary loses coverage of outpatient prescription drugs under the Medicare+Choice plan in which the beneficiary is enrolled. (3) Cost-sharing.--The Secretary shall impose the following cost-sharing requirements under coverage of outpatient prescription drugs furnished under this section: (A) Benefits under this section shall not begin until the eligible medicare beneficiary has met a $50 deductible. (B) The eligible Medicare beneficiary shall pay coinsurance in the amount of 10 percent. (4) Payment.--The Secretary shall provide for payment for such coverage under this section from the Emergency Reserve Outpatient Prescription Drug Account established under subsection (b). (b) Account for Emergency Outpatient Prescription Drug Benefit in SMI Trust Fund.-- (1) Establishment.--There is hereby established in the Federal Supplementary Medical Insurance Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t) an expenditure account to be known as the ``Emergency Reserve Outpatient Prescription Drug Account''. (2) Crediting of funds.--The Managing Trustee shall credit to the Emergency Reserve Outpatient Prescription Drug Account such amounts as may be deposited in the Federal Supplementary Medical Insurance Trust Fund as follows: (A) Amounts appropriated to the account. (B) Amounts equal to the annual outstanding balance of the Health Care Fraud and Abuse Control Account under section 1817(k) of the Social Security Act (42 U.S.C. 1395i(k)) at the end of each fiscal year that the Secretary determines may be made available to the Emergency Reserve Outpatient Prescription Drug Account. (C) Amounts attributable to reductions in payments to providers under section 3(c) of this Act. (3) Use of funds.--Funds credited to the Outpatient Prescription Drug Account may only be used to pay for outpatient prescription drugs furnished under this section. (c) Definitions.--In this section: (1) Eligible medicare beneficiary.--The term ``eligible Medicare beneficiary'' means an individual-- (A) who is enrolled in a Medicare+Choice plan under part C of title XVIII of the Social Security Act; (B) who requires outpatient prescription drugs for an extended period of time for the treatment of a condition, as determined by a physician; and (C)(i) whose enrollment in such plan is terminated or may not be renewed for the next contract year because the plan has been terminated or will not be offered in such contract year; or (ii) whose coverage of outpatient prescription drugs under such plan has been terminated, significantly reduced, or no longer provides for the coverage of a particular outpatient prescription drug required as specified under subparagraph (B). (2) Covered outpatient drug.-- (A) In general.--Except as provided in subparagraph (B), the term ``covered outpatient drug'' means any of the following products: (i) A drug which may be dispensed only upon prescription, and-- (I) which is approved for safety and effectiveness as a prescription drug under section 505 of the Federal Food, Drug, and Cosmetic Act; (II)(aa) which was commercially used or sold in the United States before the date of enactment of the Drug Amendments of 1962 or which is identical, similar, or related (within the meaning of section 310.6(b)(1) of title 21 of the Code of Federal Regulations) to such a drug, and (bb) which has not been the subject of a final determination by the Secretary that it is a ``new drug'' (within the meaning of section 201(p) of the Federal Food, Drug, and Cosmetic Act) or an action brought by the Secretary under section 301, 302(a), or 304(a) of such Act to enforce section 502(f) or 505(a) of such Act; or (III)(aa) which is described in section 107(c)(3) of the Drug Amendments of 1962 and for which the Secretary has determined there is a compelling justification for its medical need, or is identical, similar, or related (within the meaning of section 310.6(b)(1) of title 21 of the Code of Federal Regulations) to such a drug, and (bb) for which the Secretary has not issued a notice of an opportunity for a hearing under section 505(e) of the Federal Food, Drug, and Cosmetic Act on a proposed order of the Secretary to withdraw approval of an application for such drug under such section because the Secretary has determined that the drug is less than effective for all conditions of use prescribed, recommended, or suggested in its labeling. (ii) A biological product which-- (I) may only be dispensed upon prescription; (II) is licensed under section 351 of the Public Health Service Act; and (III) is produced at an establishment licensed under such section to produce such product. (iii) Insulin approved under appropriate Federal law. (iv) A prescribed drug or biological product that would meet the requirements of clause (i) or (ii) but that is available over- the-counter in addition to being available upon prescription. (B) Exclusion.--The term ``covered outpatient drug'' does not include any product-- (i) except as provided in subparagraph (A)(iv), which may be distributed to individuals without a prescription; (ii) when furnished as part of, or as incident to, a diagnostic service or any other item or service for which payment may be made under title XVIII of the Social Security Act; or (iii) that is a therapeutically equivalent replacement for a product described in clause (i) or (ii), as determined by the Secretary. (3) Eligible organization.--The term ``eligible organization'' means any organization that the Secretary determines to be appropriate, including-- (A) pharmaceutical benefit management companies; (B) wholesale and retail pharmacist delivery systems; (C) insurers; (D) other organizations; or (E) any combination of the entities described in subparagraphs (A) through (D). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

Authorizes the Secretary, for items and services furnished on or after January 1, 2003, to adjust the amount of the payments made under Medicare to such health care providers in order to encourage their provision of services in a medically appropriate manner and to discourage significant deviations in underservice or overservice from generally accepted norms of medical practice. Amends Medicare part C (Medicare+Choice) to provide for adjustment in Medicare+Choice payment rates to overpaid counties. Provides that for a contract year consisting of a calendar year beginning on or after January 1, 2000, for which the Secretary has determined there is an overpaid payment area, the Secretary shall adjust the annual per capita rate of payment for specified Medicare+Choice payment areas to increase the blended capitation rate applicable to such areas under Medicare+Choice blended capitation rates by the aggregate amount of reductions in payments attributable to this Act. Directs the Secretary to: (1) provide for coverage of outpatient prescription drugs to eligible Medicare beneficiaries and to provide for such coverage by entering into agreements with eligible organizations to furnish such coverage; (2) provide coverage of outpatient prescription drugs to such a beneficiary for a specified period beginning when such beneficiary loses coverage of outpatient prescription drugs under the Medicare+Choice plan in which they are enrolled; and (3) impose specified cost-sharing requirements under coverage of outpatient prescription drugs. Establishes in the Federal Supplementary Medical Insurance Trust Fund under Medicare the Emergency Reserve Outpatient Prescription Drug Account, consisting of specified amounts deposited in the Trust Fund, including amounts attributable to reductions in provider overpayments, to pay for outpatient prescription drugs.

Medicare Benefit Equity and Emergency Access to Prescription Drugs Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Future of the Nunn-Lugar Program Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) The Cooperative Threat Reduction program, initially established in 1991 by Senators Richard Lugar and Sam Nunn, provided funding and expertise to secure and dismantle nuclear, chemical, and biological weapons and delivery systems in former Soviet Union states. (2) After the Nunn-Lugar Cooperative Threat Reduction program was signed into law, Russia, Ukraine, Belarus, and Kazakhstan all agreed to implement the program. (3) Russia developed programs to improve security at nuclear weapons facilities and together with Ukraine opened science and technology centers to help employ former Soviet weapons scientists. (4) Ukraine, Belarus, and Kazakhstan agreed to remove all nuclear warheads from their territories, and accomplished this objective within three years. (5) In 1996, the Nunn-Lugar-Domenici Domestic Preparedness Initiative built on the initial goals of the Cooperative Threat Reduction program to train civilians to assist following an attack by a weapon of mass destruction. (6) In recent years, funding provided through the Nunn- Lugar Cooperative Threat Reduction Program has focused on export and border control programs and on the detection of radiological weapons, sometimes referred to as ``dirty bombs''. (7) In 2013, the Nunn-Lugar Cooperative Threat Reduction program provided funding for Libya to dispose of the chemical weapons and munitions discovered after the fall of the Gadhafi regime. (8) In 2014, under the umbrella of the Nunn-Lugar Cooperative Threat Reduction program, the United States played a role in carrying out the removal of chemical weapons from Syria. (9) The Nunn-Lugar Cooperative Threat Reduction program has been a success, but as the world continues to change, new partnerships and strategies will be required to deal with new threats posed by weapons of mass destruction. SEC. 3. ASSESSMENT ON THE FUTURE OF COOPERATIVE THREAT REDUCTION. (a) Assessment.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center to assess the current, anticipated, and potential future requirements for cooperative threat reduction. (2) Information and resources.--The Secretary shall provide the federally funded research and development center conducting the assessment under paragraph (1) with access to any information and resources necessary for the federally funded research and development center to conduct such assessment. (b) Report.-- (1) Interim report.--Not later than one year after the date of the enactment of this Act, the federally funded research and development center conducting the assessment under subsection (a)(1) shall submit to the Secretary an interim report on the assessment. (2) Final report.--Not later than 18 months after the date of the enactment of this Act, the federally funded research and development center conducting the assessment under subsection (a)(1) shall submit to the Secretary a final report on the assessment. (3) Elements.--Each report under paragraphs (1) and (2) shall include the following: (A) A detailed discussion of the requirements and capabilities necessary for reducing the threats of nuclear, chemical, and biological weapons. (B) An identification of capability gaps for current and future cooperative threat reduction efforts and requirements. (C) Recommendations with respect to actions that could be taken, including legislative actions, to modernize the Cooperative Threat Reduction Program of the Department of Defense established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711) to better respond to threats during the 10-year period beginning on the date of the report. (D) Recommendations with respect to actions that could be taken to modernize the command and control enterprise and the role of the Director of the Defense Threat Reduction Agency. (E) Such other matters as the Secretary determines appropriate. (4) Submission.--Not later than seven days after receiving each report under paragraphs (1) and (2), the Secretary shall submit such report to Congress without change. (c) Cooperative Threat Reduction Defined.--In this section, the term ``cooperative threat reduction'' means the activities specified in section 1321(a) of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711(a)).

Future of the Nunn-Lugar Program Act of 2017 This bill requires the Department of Defense (DOD) to: (1) seek to enter into an agreement with a federally funded research and development center to assess requirements for cooperative threat reduction, and (2) provide such center with access to necessary information and resources. The center shall provide DOD with an interim and a final report that shall include: (1) a discussion of the requirements and capabilities necessary for reducing the threats of nuclear, chemical, and biological weapons; (2) identification of capability gaps for cooperative threat reduction efforts; (3) recommendations for actions to modernize the DOD's Cooperative Threat Reduction Program; and (4) recommendations to modernize the command and control enterprise and the role of the Director of the Defense Threat Reduction Agency. The Cooperative Threat Reduction Program, with respect to foreign countries, is intended to facilitate the elimination and the safe and secure transportation and storage of nuclear, chemical, biological, or other weapons and prevent their proliferation.

Future of the Nunn-Lugar Program Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Escambia County Land Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) County.--The term ``County'' means Escambia County, Florida. (2) Non-federal land.--The term ``non-Federal land'' means the former Santa Rosa Island National Monument land in the State that was conveyed by the United States to the County under the Act of July 30, 1946 (60 Stat. 712, chapter 699), and by deed dated January 15, 1947. (3) State.--The term ``State'' means the State of Florida. SEC. 3. RECONVEYANCE OF NON-FEDERAL LAND TO ESCAMBIA COUNTY, FLORIDA. (a) In General.--Notwithstanding the restrictions on conveyance in the Act of July 30, 1946 (60 Stat. 712, chapter 699), and the deed to the non-Federal land from the United States to the County dated January 15, 1947, and subject to subsections (c) through (g), the County may convey all right, title, and interest of the County in and to the non- Federal land or any portion of the non-Federal land, to any person or entity, without any restriction on conveyance or reconveyance imposed by the United States in that Act or deed. (b) Effect on Leasehold Interests.--No person or entity holding a leasehold interest in the non-Federal land as of the date of enactment of this Act shall be required to involuntarily accept a fee interest to the non-Federal land in place of the leasehold interest in the non- Federal land. (c) Conveyance of Land Within Santa Rosa County, Florida.-- (1) In general.--As a condition of the authority granted to the County to convey the non-Federal land under subsection (a), all right, title, and interest of the County in and to any portion of the non-Federal land that is within the jurisdictional boundaries of Santa Rosa County, Florida, shall be conveyed by the County to Santa Rosa County, Florida, by the date that is 2 years after the date of enactment of this Act. (2) Requirements.--A conveyance under paragraph (1) shall-- (A) be absolute; (B) terminate-- (i) any subjugation of Santa Rosa County, Florida, to the County; or (ii) any regulation of Santa Rosa County, Florida, by the County; and (C) be without consideration, except that the County may require Santa Rosa County, Florida, to pay the actual costs associated with the conveyance of the non-Federal land to Santa Rosa County, Florida. (3) Assumption of ownership; imposition of restrictions.-- On conveyance of the non-Federal land to Santa Rosa County, Florida, under paragraph (1), Santa Rosa County, Florida-- (A) shall assume ownership of the non-Federal land free of the restrictions on the non-Federal land described in subsection (g); and (B) may establish any lawful restrictions on, or criteria for the reconveyance of, the non-Federal land to any leaseholder of the non-Federal land. (4) Reconveyance.--Santa Rosa County, Florida, or any other person to whom Santa Rosa County, Florida, reconveys the non- Federal land may reconvey the non-Federal land or any portion of the non-Federal land conveyed to Santa Rosa County, Florida, under paragraph (1). (d) Incorporation or Annexation.--An owner or leaseholder of the non-Federal land conveyed under this section may pursue incorporation, annexation, or any other governmental status for the non-Federal land, if the owner or leaseholder complies with the legal conditions required for incorporation, annexation, or the other governmental status. (e) Jurisdiction.--The non-Federal land shall be subject to the jurisdiction of the county or unit of local government in which the non-Federal land is located. (f) Proceeds.--Any proceeds from the conveyance of the non-Federal land by the County or Santa Rosa County, Florida (other than amounts paid for the direct and incidental costs associated with the conveyance), under this section shall-- (1) be considered to be windfall profits; and (2) revert to the United States. (g) Preservation.--As a condition of the grant of the authority to convey the non-Federal land under subsection (a), the County shall preserve in perpetuity the areas of the non-Federal land that, as of the date of enactment of this Act, are dedicated for conservation, preservation, public recreation access, and public parking, in accordance with any resolutions of the Board of Commissioners of the County. (h) Determination of Compliance.--The County and Santa Rosa County, Florida-- (1) except as provided in subsection (c)(1), shall not be subject to a deadline or requirement to make any conveyance or reconveyance of the non-Federal land authorized under this section; and (2) may establish terms for the conveyance or reconveyance of the non-Federal land authorized under this section, subject to this Act and applicable State law.

Escambia County Land Conveyance Act This bill authorizes Escambia County, Florida, to convey its interest in any part of the former Santa Rosa Island National Monument land that was conveyed to it by the federal government in 1947 to any person or entity, without restriction. The bill prohibits any person or entity holding a leasehold interest in such land from being required to involuntarily accept a fee interest to such land in place of the leasehold interest. The bill conditions such conveyance on requirements that: (1) all interest of Escambia County in any part of such land that is within the jurisdictional boundaries of Santa Rosa County, Florida, must be conveyed to Santa Rosa County within two years of the enactment of this bill; and (2) Escambia County must preserve in perpetuity the areas of the conveyed monument land that, as of this bill's enactment, are dedicated for conservation, preservation, public recreation access, and public parking. Santa Rosa County shall assume ownership of the non-federal land conveyed to it free of such restrictions. Santa Rosa County or any other person to whom such county reconveys such land may reconvey any part of it. Any proceeds from the conveyance of such land by either county shall be considered to be windfall profits that shall revert to the United States.

Escambia County Land Conveyance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping the Internet Devoid of Sexual Predators Act of 2008'' or the ``KIDS Act of 2008''. SEC. 2. DIRECTION TO THE ATTORNEY GENERAL. (a) Requirement That Sex Offenders Provide Certain Internet Related Information to Sex Offender Registries.--The Attorney General, using the authority provided in section 114(a)(7) of the Sex Offender Registration and Notification Act, shall require that each sex offender provide to the sex offender registry those Internet identifiers the sex offender uses or will use of any type that the Attorney General determines to be appropriate under that Act. These records of Internet identifiers shall be subject to the Privacy Act (5 U.S.C. 552a) to the same extent as the other records in the National Sex Offender Registry. (b) Timeliness of Reporting of Information.--The Attorney General, using the authority provided in section 112(b) of the Sex Offender Registration and Notification Act, shall specify the time and manner for keeping current information required to be provided under this section. (c) Nondisclosure to General Public.--The Attorney General, using the authority provided in section 118(b)(4) of the Sex Offender Registration and Notification Act, shall exempt from disclosure all information provided by a sex offender under subsection (a). (d) Notice to Sex Offenders of New Requirements.--The Attorney General shall ensure that procedures are in place to notify each sex offender of changes in requirements that apply to that sex offender as a result of the implementation of this section. (e) Definitions.-- (1) Of ``social networking website''.--As used in this Act, the term ``social networking website''-- (A) means an Internet website-- (i) that allows users, through the creation of web pages or profiles or by other means, to provide information about themselves that is available to the public or to other users; and (ii) that offers a mechanism for communication with other users where such users are likely to include a substantial number of minors; and (iii) whose primary purpose is to facilitate online social interactions; and (B) includes any contractors or agents used by the website to act on behalf of the website in carrying out the purposes of this Act. (2) Of ``internet identifiers''.--As used in this Act, the term ``Internet identifiers'' means electronic mail addresses and other designations used for self-identification or routing in Internet communication or posting. (3) Other terms.--A term defined for the purposes of the Sex Offender Registration and Notification Act has the same meaning in this Act. SEC. 3. CHECKING SYSTEM FOR SOCIAL NETWORKING WEBSITES. (a) In General.-- (1) Secure system for comparisons.--The Attorney General shall establish and maintain a secure system that permits social networking websites to compare the information contained in the National Sex Offender Registry with the Internet identifiers of users of the social networking websites, and view only those Internet identifiers that match. The system-- (A) shall not require or permit any social networking website to transmit Internet identifiers of its users to the operator of the system, and (B) shall use secure procedures that preserve the secrecy of the information made available by the Attorney General, including protection measures that render the Internet identifiers and other data elements indecipherable. (2) Provision of information relating to identity.--Upon receiving a matched Internet identifier, the social networking website may make a request of the Attorney General for, and the Attorney General shall provide promptly, information related to the identity of the individual that has registered the matched Internet identifier. This information is limited to the name, sex, resident address, photograph, and physical description. (b) Qualification for Use of System.--A social networking website seeking to use the system shall submit an application to the Attorney General which provides-- (1) the name and legal status of the website; (2) the contact information for the website; (3) a description of the nature and operations of the website; (4) a statement explaining why the website seeks to use the system; (5) a description of policies and procedures to ensure that-- (A) any individual who is denied access to that website on the basis of information obtained through the system is promptly notified of the basis for the denial and has the ability to challenge the denial of access; and (B) if the social networking website finds that information is inaccurate, incomplete, or cannot be verified, the site immediately notifies the appropriate State registry and the Department of Justice, so that they may delete or correct that information in the respective State and national databases; (6) the identity and address of, and contact information for, any contractor that will be used by the social networking website to use the system; and (7) such other information or attestations as the Attorney General may require to ensure that the website will use the system-- (A) to protect the safety of the users of such website; and (B) for the limited purpose of making the automated comparison described in subsection (a). (c) Searches Against the System.-- (1) Frequency of use of the system.--A social networking website approved by the Attorney General to use the system may conduct searches under the system as frequently as the Attorney General may allow. (2) Authority of attorney general to suspend use.--The Attorney General may deny, suspend, or terminate use of the system by a social networking website that-- (A) provides false information in its application for use of the system; (B) may be using or seeks to use the system for any unlawful or improper purpose; (C) fails to comply with the procedures required under subsection (b)(5); or (D) uses information obtained from the system in any way that is inconsistent with the purposes of this Act. (3) Limitation on release of internet identifiers.-- (A) No public release.--Neither the Attorney General nor a social networking website approved to use the system may release to the public any list of the Internet identifiers of sex offenders contained in the system. (B) Additional limitations.--The Attorney General shall limit the release of information obtained through the use of the system established under subsection (a) by social networking websites approved to use such system. (C) Strict adherence to limitation.--The use of the system established under subsection (a) by a social networking website shall be conditioned on the website's agreement to observe the limitations required under this paragraph. (D) Rule of construction.--This subsection shall not be construed to limit the authority of the Attorney General under any other provision of law to conduct or to allow searches or checks against sex offender registration information. (4) Payment of fee.--A social networking website approved to use the system shall pay any fee established by the Attorney General for use of the system. (5) Limitation on liability.-- (A) In general.--A civil claim against a social networking website, including any director, officer, employee, parent, contractor, or agent of that social networking website, arising from the use by such website of the National Sex Offender Registry, may not be brought in any Federal or State court. (B) Intentional, reckless, or other misconduct.-- Subparagraph (A) does not apply to a claim if the social networking website, or a director, officer, employee, parent, contractor, or agent of that social networking website-- (i) engaged in intentional misconduct; or (ii) acted, or failed to act-- (I) with actual malice; (II) with reckless disregard to a substantial risk of causing injury without legal justification; or (III) for a purpose unrelated to the performance of any responsibility or function described in paragraph (3). (C) Minimizing access.--A social networking website shall minimize the number of employees that are provided access to the Internet identifiers for which a match has been found through the system. (6) Rule of construction.--Nothing in this section shall be construed to require any Internet website, including a social networking website, to use the system, and no Federal or State liability, or any other actionable adverse consequence, shall be imposed on such website based on its decision not to do so. SEC. 4. MODIFICATION OF MINIMUM STANDARDS REQUIRED FOR ELECTRONIC MONITORING UNITS USED IN SEXUAL OFFENDER MONITORING PILOT PROGRAM. (a) In General.--Subparagraph (C) of section 621(a)(1) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16981(a)(1)) is amended to read as follows: ``(C) Minimum standards.--The electronic monitoring units used in the pilot program shall at a minimum-- ``(i) provide a tracking device for each offender that contains a central processing unit with global positioning system; and ``(ii) permit continuous monitoring of offenders 24 hours a day.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to grants provided on or after the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Keeping the Internet Devoid of Sexual Predators Act of 2008 or the KIDS Act of 2008 - Directs the Attorney General to: (1) require sex offenders to provide to the National Sex Offender Registry all Internet identifiers (i.e., email addresses and other designations used for self-identification or routing in Internet communication or posting) used by such offenders; (2) specify requirements for keeping Internet identifier information current; (3) exempt Internet identifiers provided by a sex offender from public disclosure; and (4) establish procedures to notify sex offenders of changes in requirements for providing Internet identifier information. Requires the Attorney General to establish and maintain a secure system to allow social networking websites to compare information contained in the National Sex Offender Registry with the Internet identifiers of users of their websites. Allows social networking websites to use such system to conduct searches as frequently as the Attorney General may allow. Authorizes the Attorney General to deny, suspend, or terminate use of the system by a social networking website for misuse. Prohibits the Attorney General and social networking websites from releasing to the public any list of the Internet identifiers of sex offenders. Exempts a social networking website from civil claims in federal or state court arising from: (1) use of the National Sex Offender Registry unless such website engages in actual malice, intentional misconduct, or reckless disregard to a substantial risk of causing injury without legal justification; and (2) any decision not to compare its database with the online identifiers contained in the National Sex Offender Registry. Amends the Adam Walsh Child Protection and Safety Act of 2006 to revise the minimum standards, under a pilot program, for electronic monitoring of sex offenders to eliminate requirements that the tracking device: (1) contain cellular technology in a single unit; and (2) provide two- and three-way voice communication.

A bill to require convicted sex offenders to register online identifiers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Highway Funding Equity Act of 2003''. SEC. 2. MINIMUM GUARANTEE. Section 105 of title 23, United States Code, is amended-- (1) by striking subsection (a) and subsections (c) through (f); (2) by redesignating subsection (b) as subsection (e); (3) by inserting after the section heading the following: ``(a) Guarantee.-- ``(1) In general.--For each of fiscal years 2004 through 2009, the Secretary shall allocate among the States amounts sufficient to ensure that the percentage for each State of the total apportionments for the fiscal year for the National Highway System under section 103(b), the high priority projects program under section 117, the Interstate maintenance program under section 119, the surface transportation program under section 133, metropolitan planning under section 134, the highway bridge replacement and rehabilitation program under section 144, the congestion mitigation and air quality improvement program under section 149, the recreational trails program under section 206, the Appalachian development highway system under subtitle IV of title 40, and the minimum guarantee under this paragraph, equals or exceeds the percentage determined for the State under paragraph (2). ``(2) State percentages.-- ``(A) In general.--Except as provided in subparagraph (B), the percentage for each State referred to in paragraph (1) is the percentage that is equal to 95 percent of the ratio that-- ``(i) the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available; bears to ``(ii) the estimated tax payments attributable to highway users in all States paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available. ``(B) Exception.--In the case of a State having a population density of less than 50 individuals per square mile according to the 2000 decennial census, the percentage referred to in paragraph (1) shall be the greater of-- ``(i) the percentage determined under subparagraph (A); or ``(ii) the percentage specified in subsection (e). ``(b) Treatment of Funds.-- ``(1) Programmatic distribution.--The Secretary shall apportion the amounts made available under this section that exceed $2,800,000,000 so that the amount apportioned to each State under this paragraph for each program referred to in subsection (a)(1) (other than the high priority projects program, metropolitan planning, the recreational trails program, the Appalachian development highway system, and the minimum guarantee under subsection (a)) is equal to the product obtained by multiplying-- ``(A) the amount to be apportioned under this paragraph; and ``(B) the ratio that-- ``(i) the amount of funds apportioned to the State for each program referred to in subsection (a)(1) (other than the high priority projects program, metropolitan planning, the recreational trails program, the Appalachian development highway system, and the minimum guarantee under subsection (a)) for a fiscal year; bears to ``(ii) the total amount of funds apportioned to the State for that program for the fiscal year. ``(2) Remaining distribution.-- ``(A) In general.--Subject to subparagraph (B), the Secretary shall apportion the remainder of funds made available under this section to the States, and administer those funds, in accordance with section 104(b)(3). ``(B) Inapplicable requirements.--Paragraphs (1), (2), and (3) of section 133(d) shall not apply to amounts apportioned in accordance with this paragraph. ``(c) Authorization of Appropriations.--There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) such sums as are necessary to carry out this section for each of fiscal years 2004 through 2009. ``(d) Guarantee of 95 Percent Return.-- ``(1) In general.--For each of fiscal years 2004 through 2009, before making any apportionment under this title, the Secretary shall-- ``(A) determine whether the sum of the percentages determined under subsection (a)(2) for the fiscal year exceeds 100 percent; and ``(B) if the sum of the percentages exceeds 100 percent, proportionately adjust the percentages specified in the table contained in subsection (e) to ensure that the sum of the percentages determined under subsection (a)(1)(B) for the fiscal year equals 100 percent. ``(2) Eligibility threshold for adjustment.--The Secretary may make an adjustment under paragraph (1) for a State for a fiscal year only if the percentage for the State in the table contained in subsection (e) is equal to or exceeds 95 percent of the ratio determined for the State under subsection (a)(1)(B)(i) for the fiscal year. ``(3) Limitation on adjustments.--Adjustments of the percentages in the table contained in subsection (e) in accordance with this subsection shall not result in a total of the percentages determined under subsection (a)(2) that exceeds 100 percent.''; and (4) in subsection (e) (as redesignated by paragraph (2)), by striking ``subsection (a)'' and inserting ``subsections (a)(2)(B)(ii) and (d)''.

Highway Funding Equity Act of 2003 - Revises Federal highway funding minimum guarantee provisions. Requires the Secretary of Transportation, for each of FY 2004 through 2009, to allocate among the States amounts sufficient to ensure that the percentage for each State of the total apportionments for the fiscal year for the National Highway System (NHS), the high priority projects program, the Interstate maintenance program, the surface transportation program, metropolitan planning, the highway bridge replacement and rehabilitation program, the congestion mitigation and air quality improvement program, the recreational trails program, the Appalachian development highway system, and the minimum guarantee equals or exceeds 95 percent of the ratio that the estimated tax payments to the Highway Trust Fund (HTF) (other than the Mass Transit Account) attributable to highway users in the State bears to such payments attributable to highway users in all States (with a specified exception for any State having a population density of less than 50 individuals per square mile). Sets forth provisions regarding: (1) the programmatic distribution of NHS funds exceeding $2.8 billion; (2) the apportionment of the remainder of funds to the States; and (3) required adjustments where the sum of State percentages exceeds 100.

A bill to amend title 23, United States Code, to increase the minimum allocation provided to States for use in carrying out certain highway programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Permanent Protection for Florida Act of 2006''. SEC. 2. PROHIBITION ON OIL AND GAS PRODUCTION IN FLORIDA EXCLUSION ZONE. The Outer Continental Shelf Lands Act is amended by inserting after section 8 (43 U.S.C. 1337) the following: ``SEC. 8A. PROHIBITION ON OIL AND GAS PRODUCTION IN FLORIDA EXCLUSION ZONE. ``(a) Definitions.--In this section: ``(1) Florida exclusion zone.--The term `Florida exclusion zone' means the area located-- ``(A) east of the red line (as depicted on the Minerals Management Service map entitled `Florida Map 1', dated January 23, 2006); ``(B) 25 miles west of the Military Mission Line (as depicted on the Minerals Management Service map entitled `Florida Map 1', dated January 23, 2006); ``(C) 150 miles off the Florida Panhandle, including the area commonly known as the `Stovepipe' in the 181 Area in the Gulf of Mexico; ``(D) the Straits of Florida planning area; and ``(E) 150 miles off the Florida east coast that extends from the Straits of the Florida planning area to the Florida-Georgia border. ``(2) Military mission line.--The term `Military Mission Line' means-- ``(A) the 8641' north-south line of longitude; or ``(B) a line not more than 25 miles west of the line described in subparagraph (1), as determined by the Secretary of Defense during the 5-year period beginning on the date of enactment of this section. ``(3) Non-producing lease.--The term `non-producing lease' means a lease for the production of oil, natural gas, or any other mineral in the Florida exclusion zone that is in existence and in good standing on the date of enactment of this section. ``(b) Exclusion Zone.-- ``(1) In general.--Notwithstanding any other provision of law, the Secretary shall not issue a lease for the exploration, development, or production of oil, natural gas, or any other mineral in the Florida exclusion zone. ``(2) Great lakes.--It is the sense of Congress that States are encouraged not to issue a permit or lease for new oil and natural gas slant, directional, or offshore drilling in or under any of the Great Lakes (as described in section 386 of the Energy Policy Act of 2005 (42 U.S.C. 15941)). ``(3) Application.--This subsection applies to-- ``(A) a non-producing lease; and ``(B) a non-producing lease that would otherwise be entered into on or after the date of enactment of this section. ``(c) Withdrawal.--The Florida exclusion zone is withdrawn from-- ``(1) any outer Continental Shelf protraction diagram prepared by the Minerals Management Service; and ``(2) consideration for inclusion in any 5-year outer Continental Shelf leasing program of the Department of the Interior. ``(d) Relinquishment of Certain Leases.-- ``(1) In general.--Subject to paragraphs (2), (3), and (4), any non-producing or similar lease that is suspended on the date of enactment of this section in the Eastern planning area of the Gulf of Mexico (other than Lease Sale 181, as identified in the final outer Continental Shelf 5-Year Oil and Gas Leasing Program for 2002-2007) that is active, non-producing, or in suspension as of the date of enactment of this section is relinquished and abandoned in exchange for royalty forgiveness for revenue streams owed by oil and gas lessees producing on that date in the Central and Western planning areas of the Gulf of Mexico. ``(2) Restoration of leased sea floor.--A lessee of a relinquished and abandoned lease shall-- ``(A) remove all existing boreholes, wellheads, and ancillary equipment located on the leased sea floor; and ``(B) restore the sea floor as nearly as practicable to pre-lease condition. ``(3) Ineligible lessee.--A lessee of a relinquished and abandoned lease is ineligible for royalty forgiveness if the lease involves-- ``(A) an outer Continental Shelf tract in the Central or Western planning area of the Gulf of Mexico subject to royalty deferrals or royalty forgiveness pursuant to-- ``(i) the notice of proposed rulemaking entitled `Relief or Reduction in Royalty Rates--Deep Gas Provisions' (68 Fed. Reg. 14868); or ``(ii) any other Federal law (including regulations); ``(B) an outer Continental Shelf tract located within the boundaries of the Flower Garden Banks National Marine Sanctuary; or ``(C) any outer Continental Shelf tract located outside the boundaries of the Florida exclusion zone and within the Eastern planning area of the Gulf of Mexico. ``(4) Waiver of rents and royalties.-- ``(A) In general.--The Secretary shall allow an eligible lessee covered by paragraph (1) to withhold from payment any royalty or rent due to the United States under this Act. ``(B) Judicial review.--Any disagreement between an eligible lessee and the Secretary regarding the amount of royalty or rent forgiveness described in subparagraph (A) shall be subject to judicial review. ``(e) Administration.-- ``(1) Other sections of act.--Beginning on the date of enactment of this section, other sections of this Act shall not apply to-- ``(A) any area in which leasing is prohibited under subsection (b); ``(B) any area that is withdrawn under subsection (c); or ``(C) any area subject to a lease that is relinquished under subsection (d). ``(2) Inventory.--The areas described in subparagraphs (A), (B), and (C) of paragraph (1), as well as the areas currently under moratorium in the outer Continental Shelf and the areas protected by the document entitled `Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition' (34 Weekly Comp. Pres. Doc. 1111, dated June 12, 1998), shall not be subject to an inventory conducted under section 357 of the Energy Policy Act of 2005 (42 U.S.C. 15912). ``(3) National marine sanctuary.--Nothing in this section precludes the Secretary of Commerce, acting through the Director of the National Marine Sanctuary Program, from considering any portion of the Florida exclusion zone for designation as a marine sanctuary under the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.) (commonly known as the `Ocean Dumping Act'). ``(4) Maintenance and repair of existing pipelines.-- Nothing in this section precludes-- ``(A) the inspection, monitoring, or repair of pre- existing subsea oil and natural gas pipelines under Federal law (including regulations) pertaining to pipeline safety and environmental protection; or ``(B) the replacement in situ of preexisting subsea oil or natural gas pipelines under that Federal law. ``(5) Commercial and sport fishing.--Nothing in this section affects any regulation or management of commercial or sport fishing, or routine operation or transit of fishing or recreational vessels, within the Florida exclusion zone. ``(6) Military activities.--Nothing in this section limits any military ship, submarine, aircraft, or amphibious vessel activity conducted as part of-- ``(A) military exercises; ``(B) routine transit; ``(C) military preparedness; or ``(D) rescue operations. ``(f) Conditions for Leasing in Other Areas.-- ``(1) In general.--With respect to Federal leasing on the outer Continental Shelf in the areas described in paragraph (2)-- ``(A) each individual lease sale shall be subject to the review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the completion of an environmental impact statement for the lease sale; and ``(B) all pre-lease and leasing activities shall proceed only if best available and safest technologies, as described in 21(b), are required for all phases of operations. ``(2) Description of areas.--The areas referred to in paragraph (1) are areas on the outer Continental Shelf that-- ``(A) are not specifically covered by this Act; and ``(B)(i) are not located within the protected waters of the Florida Exclusion Zone; ``(ii) are not protected by the document entitled `Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition' (34 Weekly Comp. Pres. Doc. 1111, dated June 12, 1998); or ``(iii) are not located within any other federally protected area.'' SEC. 3. EXTENSION OF DEFERRAL. Notwithstanding the document entitled ``Memorandum on Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition (34 Weekly Comp. Pres. Doc. 1111, dated June 12, 1998)'', the expiration date for the withdrawal of areas of the outer Continental Shelf described in the first paragraph of that Memorandum shall be extended until June 30, 2020.

Permanent Protection for Florida Act of 2006 - Amends the Outer Continental Shelf Lands Act to prohibit the Secretary of the Interior from issuing a lease for the exploration, development, or production of oil, natural gas, or any other mineral in the Florida exclusion zone. Expresses the sense of Congress that states are encouraged not to issue a permit or lease for new oil and natural gas slant, directional, or offshore drilling in or under any of the Great Lakes. Declares this Act applicable to non-producing leases. Withdraws the Florida exclusion zone from: (1) any Outer Continental Shelf protraction diagram prepared by the Minerals Management Service; and (2) consideration for inclusion in any five-year Outer Continental Shelf leasing program of the Department of the Interior. Declares that any non-producing or similar lease that is suspended as of the enactment of this Act in the Eastern planning area of the Gulf of Mexico (with a specified exception), and that is also active, non-producing, or in suspension as of such date, is relinquished and abandoned in exchange for royalty forgiveness for revenue streams owed by oil and gas lessees producing on that date in the Central and Western planning areas of the Gulf of Mexico. Specifies the characteristics of any relinquished and abandoned lease whose lessee is ineligible for royalty forgiveness. Extends until June 30, 2020, the expiration date for the withdrawal of areas of the Outer Continental Shelf described in a specified Memorandum.

To prohibit offshore drilling on the outer Continental Shelf off the State of Florida, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Adjustment Assistance for Communities Act of 2003''. SEC. 2. PURPOSE. The purpose of this Act is to assist communities negatively impacted by trade with economic adjustment through the integration of political and economic organizations, the coordination of Federal, State, and local resources, the creation of community-based development strategies, and the provision of economic transition assistance. SEC. 3. TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES. Chapter 4 of title II of the Trade Act of 1974 (19 U.S.C. 2371 et seq.) is amended to read as follows: ``CHAPTER 4--TRADE ADJUSTMENT ASSISTANCE FOR COMMUNITIES ``SEC. 271. DEFINITIONS. ``In this chapter: ``(1) Affected domestic producer.--The term `affected domestic producer' means any manufacturer, producer, farmer, rancher, fisherman or worker representative (including associations of such persons) that was affected by a finding under the Antidumping Act of 1921, or by an antidumping or countervailing duty order issued under title VII of the Tariff Act of 1930. ``(2) Agricultural commodity producer.--The term `agricultural commodity producer' has the same meaning as the term `person' as prescribed by regulations promulgated under section 1001(5) of the Food Security Act of 1985 (7 U.S.C. 1308(5)). ``(3) Community.--The term `community' means a city, county, or other political subdivision of a State or a consortium of political subdivisions of a State that the Secretary certifies as being negatively impacted by trade. ``(4) Community negatively impacted by trade.--A community negatively impacted by trade means a community with respect to which a determination has been made under section 273. ``(5) Eligible community.--The term `eligible community' means a community certified under section 273 for assistance under this chapter. ``(6) Fisherman.-- ``(A) In general.--The term `fisherman' means any person who-- ``(i) is engaged in commercial fishing; or ``(ii) is a United States fish processor. ``(B) Commercial fishing, fish, fishery, fishing, fishing vessel, person, and united states fish processor.--The terms `commercial fishing', `fish', `fishery', `fishing', `fishing vessel', `person', and `United States fish processor' have the same meanings as such terms have in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802). ``(7) Job loss.--The term `job loss' means the total or partial separation of an individual, as those terms are defined in section 247. ``(8) Secretary.--The term `Secretary' means the Secretary of Commerce. ``SEC. 272. COMMUNITY TRADE ADJUSTMENT ASSISTANCE PROGRAM. ``(a) Establishment.--Within 6 months after the date of enactment of the Trade Adjustment Assistance for Communities Act of 2003, the Secretary shall establish a Trade Adjustment Assistance for Communities Program at the Department of Commerce. ``(b) Personnel.--The Secretary shall designate such staff as may be necessary to carry out the responsibilities described in this chapter. ``(c) Coordination of Federal Response.--The Secretary shall-- ``(1) provide leadership, support, and coordination for a comprehensive management program to address economic dislocation in eligible communities; ``(2) coordinate the Federal response to an eligible community-- ``(A) by identifying all Federal, State, and local resources that are available to assist the eligible community in recovering from economic distress; ``(B) by ensuring that all Federal agencies offering assistance to an eligible community do so in a targeted, integrated manner that ensures that an eligible community has access to all available Federal assistance; ``(C) by assuring timely consultation and cooperation between Federal, State, and regional officials concerning economic adjustment for an eligible community; and ``(D) by identifying and strengthening existing agency mechanisms designed to assist eligible communities in their efforts to achieve economic adjustment and workforce reemployment; ``(3) provide comprehensive technical assistance to any eligible community in the efforts of that community to-- ``(A) identify serious economic problems in the community that are the result of negative impacts from trade; ``(B) integrate the major groups and organizations significantly affected by the economic adjustment; ``(C) access Federal, State, and local resources designed to assist in economic development and trade adjustment assistance; ``(D) diversify and strengthen the community economy; and ``(E) develop a community-based strategic plan to address economic development and workforce dislocation, including unemployment among agricultural commodity producers, and fishermen; ``(4) establish specific criteria for submission and evaluation of a strategic plan submitted under section 274(d); ``(5) establish specific criteria for submitting and evaluating applications for grants under section 275; ``(6) administer the grant programs established under sections 274 and 275; and ``(7) establish an interagency Trade Adjustment Assistance for Communities Working Group, consisting of the representatives of any Federal department or agency with responsibility for economic adjustment assistance, including the Department of Agriculture, the Department of Education, the Department of Labor, the Department of Housing and Urban Development, the Department of Health and Human Services, the Small Business Administration, the Department of the Treasury, the Department of Commerce, and any other Federal, State, or regional department or agency the Secretary determines necessary or appropriate. ``SEC. 273. CERTIFICATION AND NOTIFICATION. ``(a) Certification.--Not later than 45 days after an event described in subsection (c)(1), the Secretary of Commerce shall determine if a community described in subsection (b)(1) is negatively impacted by trade, and if a positive determination is made, shall certify the community for assistance under this chapter. ``(b) Determination That Community Is Eligible.-- ``(1) Community described.--A community described in this paragraph means a community with respect to which on or after October 1, 2003-- ``(A) the Secretary of Labor certifies a group of workers (or their authorized representative) in the community as eligible for assistance pursuant to section 223; ``(B) the Secretary of Commerce certifies a firm located in the community as eligible for adjustment assistance under section 251; ``(C) the Secretary of Agriculture certifies a group of agricultural commodity producers (or their authorized representative) in the community as eligible for adjustment assistance under section 293; ``(D) an affected domestic producer is located in the community; or ``(E) the Secretary determines that a significant number of fishermen in the community is negatively impacted by trade. ``(2) Negatively impacted by trade.--The Secretary shall determine that a community is negatively impacted by trade, after taking into consideration-- ``(A) the number of jobs affected compared to the size of workforce in the community; ``(B) the severity of the rates of unemployment in the community and the duration of the unemployment in the community; ``(C) the income levels and the extent of underemployment in the community; ``(D) the outmigration of population from the community and the extent to which the outmigration is causing economic injury in the community; and ``(E) the unique problems and needs of the community. ``(c) Definition and Special Rules.-- ``(1) Event described.--An event described in this paragraph means one of the following: ``(A) A notification described in paragraph (2). ``(B) A certification of a firm under section 251. ``(C) A finding under the Antidumping Act of 1921, or an antidumping or countervailing duty order issued under title VII of the Tariff Act of 1930. ``(D) A determination by the Secretary that a significant number of fishermen in a community have been negatively impacted by trade. ``(2) Notification.--The Secretary of Labor, immediately upon making a determination that a group of workers is eligible for trade adjustment assistance under section 223, (or the Secretary of Agriculture, immediately upon making a determination that a group of agricultural commodity producers is eligible for adjustment assistance under section 293, as the case may be) shall notify the Secretary of Commerce of the determination. ``(3) Look back.--In any case in which an event described in paragraph (1) occurred on or after January 1, 1998, and before the effective date of this chapter, the Secretary shall, not later than 45 days after such effective date, determine whether the community is negatively impacted by trade, and if a positive determination is made, shall certify the community for assistance under this chapter. ``(d) Notification to Eligible Communities.--Immediately upon certification by the Secretary of Commerce that a community is eligible for assistance under subsection (b), the Secretary shall notify the community-- ``(1) of the determination under subsection (b); ``(2) of the provisions of this chapter; ``(3) how to access the clearinghouse established by the Department of Commerce regarding available economic assistance; ``(4) how to obtain technical assistance provided under section 272(c)(3); and ``(5) how to obtain grants, tax credits, low income loans, and other appropriate economic assistance. ``SEC. 274. STRATEGIC PLANS. ``(a) In General.--An eligible community may develop a strategic plan for community economic adjustment and diversification. ``(b) Requirements for Strategic Plan.--A strategic plan shall contain, at a minimum, the following: ``(1) A description and justification of the capacity for economic adjustment, including the method of financing to be used. ``(2) A description of the commitment of the community to the strategic plan over the long term and the participation and input of groups affected by economic dislocation. ``(3) A description of the projects to be undertaken by the eligible community. ``(4) A description of how the plan and the projects to be undertaken by the eligible community will lead to job creation and job retention in the community. ``(5) A description of how the plan will achieve economic adjustment and diversification. ``(6) A description of how the plan and the projects will contribute to establishing or maintaining a level of public services necessary to attract and retain economic investment. ``(7) A description and justification for the cost and timing of proposed basic and advanced infrastructure improvements in the eligible community. ``(8) A description of how the plan will address the occupational and workforce conditions in the eligible community. ``(9) A description of the educational programs available for workforce training and future employment needs. ``(10) A description of how the plan will adapt to changing markets and business cycles. ``(11) A description and justification for the cost and timing of the total funds required by the community for economic assistance. ``(12) A graduation strategy through which the eligible community demonstrates that the community will terminate the need for Federal assistance. ``(c) Grants To Develop Strategic Plans.--The Secretary, upon receipt of an application from an eligible community, may award a grant to that community to be used to develop the strategic plan. ``(d) Submission of Plan.--A strategic plan developed under subsection (a) shall be submitted to the Secretary for evaluation and approval. ``SEC. 275. GRANTS FOR ECONOMIC DEVELOPMENT. ``(a) In General.--The Secretary, upon approval of a strategic plan from an eligible community, may award a grant to that community to carry out any project or program that is certified by the Secretary to be included in the strategic plan approved under section 274(d), or consistent with that plan. ``(b) Additional Grants.-- ``(1) In general.--Subject to paragraph (2), in order to assist eligible communities to obtain funds under Federal grant programs, other than the grants provided for in section 274(c) or subsection (a), the Secretary may, on the application of an eligible community, make a supplemental grant to the community if-- ``(A) the purpose of the grant program from which the grant is made is to provide technical or other assistance for planning, constructing, or equipping public works facilities or to provide assistance for public service projects; and ``(B) the grant is 1 for which the community is eligible except for the community's inability to meet the non-Federal share requirements of the grant program. ``(2) Use as non-federal share.--A supplemental grant made under this subsection may be used to provide the non-Federal share of a project, unless the total Federal contribution to the project for which the grant is being made exceeds 80 percent and that excess is not permitted by law. ``(c) Rural Community Preference.--The Secretary shall develop guidelines to ensure that rural communities receive preference in the allocation of resources. ``SEC. 276. GENERAL PROVISIONS. ``(a) Regulations.--The Secretary shall prescribe such regulations as are necessary to carry out the provisions of this chapter. Before implementing any regulation or guideline proposed by the Secretary with respect to this chapter, the Secretary shall submit the regulation or guideline to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives for approval. ``(b) Supplement Not Supplant.--Funds appropriated under this chapter shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide economic development assistance for communities. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary $350,000,000 for each of fiscal years 2004 through 2007, to carry out this chapter. Amounts appropriated pursuant to this subsection shall remain available until expended.''. SEC. 4. CONFORMING AMENDMENTS. (a) Termination.--Section 285(b) of the Trade Act of 1974 (19 U.S.C. 2271 note) is amended by adding at the end the following new paragraph: ``(3) Assistance for communities.--Technical assistance and other payments may not be provided under chapter 4 after September 30, 2007.''. (b) Table of Contents.--The table of contents for title II of the Trade Act of 1974 is amended by striking the items relating to chapter 4 of title II and inserting after the items relating to chapter 3 the following new items: ``Chapter 4--Trade Adjustment Assistance for Communities ``Sec. 271. Definitions. ``Sec. 272. Community Trade Adjustment Assistance Program. ``Sec. 273. Certification and notification. ``Sec. 274. Strategic plans. ``Sec. 275. Grants for economic development. ``Sec. 276. General provisions.''. (c) Judicial Review.--Section 284(a) of the Trade Act of 1974 (19 U.S.C. 2395(a)) is amended by striking ``section 271'' and inserting ``section 273''. SEC. 5. EFFECTIVE DATE. The provisions of this Act shall take effect on October 1, 2003.

Trade Adjustment Assistance for Communities Act of 2003 - Amends the Trade Act of 1974 to revise the program for trade adjustment assistance for communities negatively impacted by trade. Requires the Secretary of Commerce to: (1) establish a Trade Adjustment Assistance for Communities Program at the Department of Commerce; (2) provide for a coordinated Federal response to economic dislocation in communities negatively impacted by trade; and (3) make a determination if a community is negatively impacted by a trade and certify such community for assistance. Allows communities negatively impacted by trade to develop strategic plans for community economic adjustment and diversification. Authorizes the Secretary to award grants to communities that devise such strategic plans and to give preference to rural communities. Directs the Secretary to certify certain communities that were negatively impacted by trade on or after January 1, 1998, for adjustment assistance.

To amend the Trade Act of 1974 to provide trade adjustment assistance for communities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cargo Theft Prevention Act''. SEC. 2. CARGO THEFT DATA COLLECTION. (a) In General.--The Attorney General shall, within 18 months of enactment of this Act, issue regulations to-- (1) allow for the reporting of cargo theft offenses to the Attorney General by a carrier, facility, or cargo owner promptly after such carrier, facility, or cargo owner becomes aware of the offense, with such reports to contain information regarding the offense as specified in regulations, including the origin and destination of the shipment, the commodities stolen, the time and location of the theft, and other information regarding cargo theft, to the extent such information is available to the reporting party; (2) create a database to contain the reports made under paragraph (1) and integrate them, to the extent feasible, with other noncriminal justice and intelligence data; (3) prescribe procedures for access to the database created under paragraph (2) by appropriate Federal, State, and local governmental agencies, while protecting the privacy of the information in accordance with other applicable Federal laws; and (4) share the results and analysis of the information collected in paragraphs (1) and (2) with the appropriate Federal, State, and local government agencies, for the purpose of assisting in the investigation of cargo theft and in the arrest and prosecution of the perpetrators of cargo theft. (b) Creation of Databases.-- (1) In general.--United States Government agencies with significant regulatory or law enforcement responsibilities with respect to cargo theft, to the extent feasible, modify their information databases to ensure the collection and retrievability of data relating to crime and terrorism and related activities affecting cargo transportation. (2) Designation of covered agencies.--The Attorney General, after consultation with the Secretary of Homeland Security, shall designate the agencies included within the requirement of paragraph (1). (c) Outreach Program.--The Attorney General, in consultation with the Secretary of the Treasury, the Secretary of Transportation, the National Maritime Security Advisory Committee established under section 70112 of title 46, United States Code, and appropriate Federal and State agencies, shall establish an outreach program to-- (1) work with State and local law enforcement officials to harmonize the reporting of data on cargo theft among the States, localities and with the United States Government's reports; and (2) disseminate cargo theft information to appropriate law enforcement officials. (d) Annual Report.--The Attorney General shall submit an annual report on the implementation of this section to the Committees on the Judiciary of the Senate and the House of Representatives. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General and Transportation Security Administration of the Department of Homeland Security such sums as are necessary for each of the fiscal years 2003 through 2007 to carry out the requirements of this section, such sums to remain available until expended. (f) Limitation on Disclosure of Reports and Data.--Any reports made pursuant to section 1(a)(1) and the data contained in the database created under section 1(a)(2) shall be exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). SEC. 3. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR VESSELS. (a) Theft of Interstate or Foreign Shipments.--Section 659 of title 18, United States Code, is amended-- (1) in the first undesignated paragraph-- (A) by inserting ``trailer,'' after ``motortruck,''; (B) by inserting ``air cargo container,'' after ``aircraft,''; and (C) by inserting ``, or from any intermodal container, trailer, container freight station, warehouse, or freight consolidation facility,'' after ``air navigation facility''; (2) in the fifth undesignated paragraph, by striking ``one year'' and inserting ``3 years''; and (3) by inserting after the first sentence in the eighth undesignated paragraph the following: ``For purposes of this section, goods and chattel shall be construed to be moving as an interstate or foreign shipment at all points between the point of origin and the final destination (as evidenced by the waybill or other shipping document of the shipment), regardless of any temporary stop while awaiting transshipment or otherwise.''. (b) Stolen Vessels.-- (1) In general.--Section 2311 of title 18, United States Code, is amended by adding at the end the following: `` `Vessel' means any watercraft or other contrivance used or designed for transportation or navigation on, under, or immediately above water.''. (2) Transportation and sale of stolen vessels.--Sections 2312 and 2313 of title 18, United States Code, are each amended by striking ``motor vehicle or aircraft'' and inserting ``motor vehicle, vessel, or aircraft''. (c) Review of Sentencing Guidelines.--Pursuant to section 994 of title 28, United States Code, the United States Sentencing Commission shall review the Federal Sentencing Guidelines to determine whether sentencing enhancement is appropriate for any offense under section 659 or 2311 of title 18, United States Code, as amended by this Act. (d) Annual Report of Law Enforcement Activities.--By December 31, 2006, and annually thereafter, the Attorney General shall submit to Congress a report, which shall include an evaluation of law enforcement activities relating to the investigation and prosecution of offenses under section 659 of title 18, United States Code, as amended by this Act. The Attorney General's report shall include an assessment of the effectiveness of the cargo theft data collection program provided for in section 1 thereof. (e) Reporting of Cargo Theft.--The Attorney General shall take the steps necessary to ensure that reports of cargo theft collected by Federal, State, and local officials are reflected as a separate category in the Uniform Crime Reporting System, or any successor system, by no later than December 31, 2005.

Cargo Theft Prevention Act - Directs the Attorney General to issue regulations to: (1) permit the reporting of cargo theft to the Attorney General by a carrier, facility, or cargo owner promptly after its discovery, to include information on the shipment's origin and destination, the commodities stolen, and the time and location of the theft; (2) create a database to contain the reports and integrate them with non-criminal justice and intelligence data; (3) prescribe procedures for database accessby government agencies and privacy protection; and (4) share the results and analysis with appropriate agencies. Requires Federal agencies with significant regulatory or law enforcement responsibilities over cargo theft, as designated by the Attorney General, to modify their databases to ensure the collection and retrievability of data relating to crime and terrorism and related activities affecting cargo transportation. Directs the Attorney General to: (1) establish an outreach program to work with State and local law enforcement officials to harmonize the reporting of data on cargo theft; and (2) disseminate cargo theft information to appropriate law enforcement officials. Limits disclosure of reports and data under the Freedom of Information Act. Expands the scope of prohibitions against: (1) interstate or foreign shipments by carrier to include trailers and air cargo containers; and (2) the transportation and sale of stolen vehicles to include vessels.

To coordinate cargo theft crime data collection and to amend title 18, United States Code, to make improvements relating to cargo theft prevention, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Capital Construction Fund Qualified Withdrawal Act of 2003''. SEC. 2. AMENDMENT OF THE MERCHANT MARINE ACT OF 1936 TO ENCOURAGE RETIREMENT OF CERTAIN FISHING VESSELS AND PERMITS. (a) In General.--Section 607(a) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1177(a)) is amended by adding at the end the following: ``Any agreement entered into under this section may be modified for the purpose of encouraging the sustainability of the fisheries of the United States by making the termination and withdrawal of a capital construction fund a qualified withdrawal if done in exchange for the retirement of the related commercial fishing vessels and related commercial fishing permits.''. (b) New Qualified Withdrawals.-- (1) In general.--Section 607(f)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1177(f)(1)) is amended-- (A) by striking ``for:'' and inserting ``for--''; (B) by striking ``vessel'' in subparagraph (A) and inserting ``vessel;''; (C) by striking ``vessel, or'' in subparagraph (B) and inserting ``vessel;''; (D) by striking ``vessel.'' in subparagraph (C) and inserting ``vessel;''; and (E) by inserting after subparagraph (C) the following: ``(D) the payment of an industry fee authorized by the fishing capacity reduction program under section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)); ``(E) in the case of any such person or shareholder for whose benefit such fund was established with respect to any vessel operated in the fisheries of the United States, or any shareholder of such person, a rollover contribution (within the meaning of section 408(d)(3) of the Internal Revenue Code of 1986) to such person's or shareholder's individual retirement plan (as defined in section 7701(a)(37) of such Code); ``(F) the payment of the net proceeds deposited into the fund from a sale described in subsection (b)(1)(C)(ii) to a person retiring related commercial fishing vessels and permits; ``(G) the acquisition of a vessel monitoring system as a safety improvement for a fishing vessel; or ``(H) the acquisition or construction of fishing gear designed to minimize or avoid bycatch as required under section 301(a)(9) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a)(9)).''. (2) Reduction program sale proceeds allowed in determining deposit ceiling.--Section 607(b)(1)(C) of such Act (46 U.S.C. App. 1177(b)(1)(C)) is amended by striking ``or (ii)'' and inserting ``(ii) the sale of any agreement vessel or fishing permit retired through the fishing capacity reduction program under section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)), or (iii)''. (3) Certain qualified withdrawals treated as withdrawn from the capital account.--Section 607(e)(2)(B) of such Act (46 U.S.C. App. 1177(e)(2)(B)) is amended by adding at the end ``unless such portion represents gain from a sale described in subsection (b)(1)(C)(ii) and is withdrawn for any purpose provided under subparagraph (D), (E), or (F) of subsection (f)(1),''. (4) Secretary to ensure retirement of vessels and permits.--The Secretary of Commerce by regulation shall establish procedures to ensure that any person making a qualified withdrawal authorized by section 607(f)(1)(F) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1177(f)(1)(F)) retires the related commercial use of fishing vessels and commercial fishery permits. (c) Conforming Amendments.-- (1) In general.--Section 7518(e)(1) of the Internal Revenue Code of 1986 (relating to purposes of qualified withdrawals) is amended-- (A) by striking ``for:'' and inserting ``for--''; (B) by striking ``vessel, or'' in subparagraph (B) and inserting ``vessel;''; (C) by striking ``vessel.'' in subparagraph (C) and inserting ``vessel;''; (D) by inserting after subparagraph (C) the following: ``(D) the payment of an industry fee authorized by the fishing capacity reduction program under section 312 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a); ``(E) in the case of any person or shareholder for whose benefit such fund was established with respect to any vessel operated in the fisheries of the United States, or any shareholder of such person, a rollover contribution (within the meaning of section 408(d)(3)) to such person's or shareholder's individual retirement plan (as defined in section 7701(a)(37)); ``(F) the payment of the net proceeds deposited into the fund from a sale described in subsection (a)(1)(C)(ii) to a person retiring related commercial fishing vessels and permits; ``(G) the acquisition of a vessel monitoring system as a safety improvement for a fishing vessel; or ``(H) the acquisition or construction of fishing gear designed to minimize or avoid bycatch as required under section 301(a)(9) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a)(9)).''. (2) Reduction program sale proceeds allowed in determining deposit ceiling.--Section 7518(a)(1)(C) of such Code is amended by striking ``or'' at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: ``(ii) the sale of any agreement vessel or fishing permit retired through the fishing capacity reduction program under section 312(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b)), or''. (3) Certain qualified withdrawals treated as withdrawn from the capital account.--Section 7718(d)(2)(B) of such Code is amended by adding at the end ``unless such portion represents gain from a sale described in subsection (a)(1)(C)(ii) and is withdrawn for any purpose provided under subparagraph (D), (E), or (F) of subsection (e)(1),''. (4) Secretary to ensure retirement of vessels and permits.--The Secretary of the Treasury by regulation shall establish procedures to ensure that any person making a qualified withdrawal authorized by section 7518(e)(1)(F) of the Internal Revenue Code of 1986 retires the related commercial use of fishing vessels and commercial fishery permits referred to therein. (d) Effective Date.--The amendments made by this section shall apply to withdrawals made after the date of enactment of this Act.

Capital Construction Fund Qualified Withdrawal Act of 2003 - Amends the Merchant Marine Act and the Internal Revenue Code to permit as qualified withdrawals from fishing capital construction funds money used by retiring fishermen for the following purposes: (1) retiring an owner's commercial fishing vessels and related commercial fishing permits; (2) making a rollover contribution into an owner's individual retirement plan; (3) making a payment of an industry fee authorized by the fishing capacity reduction program; (4) the acquisition of a vessel monitoring system as a safety improvement for a fishing vessel; and (5) the acquisition or construction of fishing gear designed to minimize or avoid bycatch.

A bill to provide for qualified withdrawals from the Capital Construction Fund for fishermen leaving the industry and for the rollover of Capital Construction Funds to individual retirement plans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Special Government Employee Act of 1997''. SEC. 2. AMENDMENT TO DEFINITION OF ``SPECIAL GOVERNMENT EMPLOYEE''. (a) Amendment to Section 202(a).--Subsection (a) of section 202 of title 18, United States Code, is amended to read as follows: ``(a) For the purpose of sections 203, 205, 207, 208, and 209 of this title the term `special Government employee' shall mean-- ``(1) an officer or employee as defined in subsection (c) who is retained, designated, appointed, or employed in the legislative or executive branch of the United States Government, in any independent agency of the United States, or in the government of the District of Columbia, and who, at the time of retention, designation, appointment or employment, is expected to perform temporary duties on a full-time or intermittent basis for not to exceed one hundred and thirty days during any period of three hundred and sixty five consecutive days; ``(2) a part-time United States commissioner; ``(3) a part-time United States magistrate; ``(4) an independent counsel appointed under chapter 40 of title 28 and any person appointed by that independent counsel under section 594(c) of title 28; ``(5) a person serving as a part-time local representative of a Member of Congress in the Member's home district or State; and ``(6) a Reserve officer of the Armed Forces, or an officer of the National Guard of the United States, who is not otherwise an officer or employee as defined in subsection (c) who is-- ``(A) on active duty solely for training (notwithstanding section 2105(d) of title 5); ``(B) serving voluntarily for not to exceed one hundred and thirty days during any period of three hundred and sixty five consecutive days; or ``(C) serving involuntarily.''. (b) Amendment to Section 202(c).--Subsection (c) of 202 of title 18, United States Code, is amended to read as follows: ``(c) The terms `officer' and `employee' in sections 203, 205, 207 through 209, and 218 of this title shall include-- ``(1) an individual who is retained, designated, appointed or employed in the United States Government or in the government of the District of Columbia, to perform, with or without compensation and subject to the supervision of the President, the Vice President, a Member of Congress, a Federal judge or an officer or employee of the United States or of the government of the District of Columbia, a Federal or District of Columbia function under authority of law or an Executive act. As used in this section, a Federal or District of Columbia function shall include, but not be limited to-- ``(A) supervising, managing, directing or overseeing a Federal or District of Columbia officer or employee in the performance of such officer's or employee's official duties; ``(B) providing regular advice, counsel, or recommendations to the President, the Vice President, a Member of Congress, or any Federal or District of Columbia officer or employee, or conducting meetings involving any of those individuals, as part of the Federal or District of Columbia government's internal deliberative process; or ``(C) obligating funds of the United States or the District of Columbia; ``(2) a Reserve officer of the Armed Forces or an officer of the National Guard of the United States who is serving voluntarily in excess of one hundred and thirty days during any period of three hundred and sixty-five consecutive days; and ``(3) the President, the Vice President, a Member of Congress or a Federal judge only if specified in the section.''. (c) New Section 202(f).--Section 202 of title 18, United States Code, is amended by adding at the end the following: ``(f) The terms `officer or employee' and `special Government employee' as used in sections 203, 205, 207 through 209, and 218, shall not include enlisted members of the Armed Forces, nor shall they include an individual who is retained, designated or appointed without compensation specifically to act as a representative of a non-Federal (or non-District of Columbia) interest on an advisory committee established pursuant to the Federal Advisory Committee Act or any similarly established committee whose meetings are generally open to the public. The non-Federal interest to be represented must be specifically set forth in the statute, charter, or Executive act establishing the committee.''.

Special Government Employee Act of 1997 - Amends the Federal criminal code to include within the definition of "special Government employee" a reserve officer of the armed forces, or a National Guard officer, who is serving voluntarily for up to 130 days during any period of 365 consecutive days. (Such officers are currently considered officers of the United States.) States that "officer and employee" and "special Government employee" shall not include enlisted military personnel or an individual retained, designated, or appointed without compensation specifically to act as a representative of a non-Federal interest on an advisory committee.

Special Government Employee Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Beneficiary Enrollment Notification and Eligibility Simplification Act of 2016'' or the ``BENES Act of 2016''. SEC. 2. ELIGIBILITY AND ENROLLMENT NOTIFICATION. (a) Notification Requirements.--Section 1804 of the Social Security Act (42 U.S.C. 1395b-2) is amended by adding at the end the following new subsection: ``(d) Eligibility Information.-- ``(1) Coordination of notice.--The Secretary, in consultation with representatives of each of the groups described in paragraph (2)(A), and in coordination with the Commissioner of Social Security and the Secretary of the Treasury, shall prepare and distribute a notice, in accordance with this subsection, to potentially eligible Medicare individuals. ``(2) Groups for consultation.-- ``(A) In general.--For purposes of paragraph (1), the groups described in this subparagraph include the following: ``(i) Individuals who are more than 60 years of age. ``(ii) Individuals with disabilities. ``(iii) Individuals with end stage renal disease. ``(iv) Low-income individuals and families. ``(v) Employers (including human resources professionals). ``(vi) States (including representatives of State-run Health Insurance Exchanges, Medicaid offices, and Departments of Insurance). ``(vii) State Health Insurance Assistance Programs. ``(viii) Health insurers. ``(ix) Such other groups as specified by the Secretary. ``(B) Non-application of faca.--The Federal Advisory Committee Act shall not apply to consultations made pursuant to paragraph (1) with groups described in subparagraph (A). ``(3) Contents of notice.--The notice required under paragraph (1) shall contain information on (including a clear, simple explanation of)-- ``(A)(i) eligibility for benefits under this title, and in particular benefits under part B; ``(ii) the possibility of a late enrollment penalty for failure to timely enroll (including the availability of equitable relief); and ``(iii) how to access the Website described in paragraph (5); and ``(B) the need for coordination of benefits under part B (including secondary and primary coverage scenarios) imposed under this title, including the effects of enrollment in retiree health coverage; group health coverage; coverage under a group health plan provided by an employer pursuant to title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986, or title VI of the Employee Retirement Income Security Act of 1974; coverage under a qualified health plan offered through an Exchange established under title I of the Patient Protection and Affordable Care Act; and other widely available coverage which may be available to potentially eligible Medicare individuals. ``(4) Timing of notice to potential enrollees.--Beginning one year after the date of the enactment of this subsection, a notice required under paragraph (1) shall be mailed (or, starting after 2025, mailed or otherwise delivered) to each potentially eligible Medicare individual no less than two times in accordance with the following: ``(A) The notice shall be initially provided to such individual no later than 6 months prior to the date of such individual's initial enrollment period as provided under section 1837. ``(B) The notice shall subsequently be provided to such individual no later than one month prior to such date. ``(5) Creation of a centralized enrollment website.--The information contained in notices required under this subsection shall be made available through a new Website to be maintained by the Secretary. Such Website shall include both Social Security and Medicare online tools in a coordinated and organized manner, and shall also contain, or link to, such other eligibility tools, services, notices (including with respect to the availability of equitable relief), and other information as determined by the Secretary, in consultation with groups described in paragraph (2) for the purposes of being available to potentially eligible Medicare individuals. ``(6) Interagency coordination.--Beginning not later than 2 months after the date of the enactment of this subsection, the Secretary, along with the Secretary of the Treasury and the Commissioner of the Social Security Administration, shall undertake all necessary action and coordination to identify potentially eligible individuals and in order to provide such individuals with notifications under this subsection in accordance with paragraph (4). ``(7) Notification improvement.--The Secretary shall, no less than once every fiscal year, review the content of the notices required under this subsection and the practices of providing such notices to individuals, and shall update and revise such notices and practices as the Secretary deems appropriate. ``(8) Potentially eligible medicare individual defined.-- For purposes of this subsection, the term `potentially eligible Medicare individual' means an individual, with respect to a month, who is expected to satisfy the description in paragraph (1) or (2) of section 1836 during such month or during any of the subsequent 11 months.''. (b) Disclosure Authority.--Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(23) Disclosure of return information to carry out eligibility notification requirements for certain programs.-- ``(A) In general.--The Secretary, upon request from the Secretary of Health and Human Services, shall disclose to officers, employees, and contractors of the Department of Health and Human Services and the Social Security Administration return information of any taxpayer who is a potentially eligible Medicare individual (as defined in section 1804(d)(8) of the Social Security Act). Such return information shall be limited to-- ``(i) taxpayer identity information with respect to such taxpayer, including the age and address or other location of such taxpayer; ``(ii) the filing status of such taxpayer; ``(iii) such other information as is prescribed by the Secretary of Health and Human Services by regulation as might indicate whether the taxpayer is eligible for coverage under such title; and ``(iv) the taxable year with respect to which the preceding information relates or, if applicable, the fact that such information is not available. ``(B) Restriction on use of disclosed information.--Return information disclosed under subparagraph (A) may be used by officers, employees, and contractors of the Department of Health and Human Services or the Social Security Administration only for the purposes of, and to the extent necessary in, establishing potential eligibility for benefits under title XVIII of the Social Security Act.''. (c) Computer Matching Agreement.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services, the Secretary of the Treasury, and the Commissioner of Social Security shall enter into a computer matching agreement pursuant to section 552a(o) of title 5 of the United States Code for the purposes of implementing section 1804(d) of the Social Security Act, as added by subsection (a), and section 6103(l)(23) of the Internal Revenue Code of 1986, as added by subsection (b). (d) Report to Congress.--Not later than 4 years after the date of the enactment of this Act, the Secretary of Health and Human Services, Secretary of the Treasury, and the Commissioner of Social Security shall submit to Congress a report on the process taken by the relevant agencies in implementing the notice requirement under subsection (d) of section 1804 of the Social Security Act (42 U.S.C. 1395b-2), as added by subsection (a) of this section, the status of notices created pursuant to such section, and an evaluation of the effect of such notices on enrollment under title XVIII of the Social Security Act. Such report shall be made publicly available. SEC. 3. BENEFICIARY MEDICARE PART B ENROLLMENT PERIODS AND EFFECTIVE DATE OF COVERAGE. (a) Effective Dates.--Section 1838(a) of the Social Security Act (42 U.S.C. 1395q(a)) is amended-- (1) by amending paragraph (2) to read as follows: ``(2)(A) in the case of an individual who enrolls pursuant to subsection (d) of section 1837 before the month in which he first satisfies paragraph (1) or (2) of section 1836, the first day of such month; ``(B) in the case of an individual not described in subparagraph (A) who first satisfies such paragraph in a month beginning before January 2018 and who enrolls-- ``(i) pursuant to such subsection (d) in such month in which he first satisfies such paragraph, the first day of the month following the month in which he so enrolls, or ``(ii) pursuant to such subsection (d) in the month following such month in which he first satisfies such paragraph, the first day of the second month following the month in which he so enrolls, or ``(iii) pursuant to such subsection (d) more than one month following such month in which he satisfies such paragraph, the first day of the third month following the month in which he so enrolls; ``(C) in the case of an individual not described in subparagraph (A) who enrolls pursuant to subsection (e) of section 1837 in a month beginning before January 2018, the July 1 following the month in which he so enrolls; ``(D) in the case of an individual not described in subparagraph (A) who first satisfies such paragraph in a month beginning on or after January 1, 2018, and who enrolls pursuant to such subsection (d) in such month in which he first satisfies such paragraph or in any subsequent month, the first day of the month following the month in which he so enrolls; or ``(E) in the case of an individual not described in subparagraph (A) who enrolls pursuant to subsection (e) of section 1837 in a month beginning on or after October 15, 2017, the first day of the month following the month in which he so enrolls.''; and (2) by amending paragraph (3) to read as follows: ``(3)(A) in the case of an individual who is deemed to have enrolled on or before the last day of the third month of his initial enrollment period beginning before January 1, 2018, the first day of the month in which he first meets the applicable requirements of section 1836 or July 1, 1973, whichever is later, or ``(B) in the case of an individual who is deemed to have enrolled on or after the first day of the fourth month of his initial enrollment period beginning before January 1, 2018, as prescribed under subparagraphs (B)(i), (B)(ii), (B)(iii), and (C) of paragraph (2) of this subsection.''. (b) General and Special Enrollment Periods.--Section 1837(e) of the Social Security Act (42 U.S.C. 1395p(e)) is amended to read as follows: ``(e) Enrollment Periods.-- ``(1) For coverage during years before 2018.--There shall be a general enrollment period during the period beginning on January 1 and ending on March 31 of each year before 2018. ``(2) For coverage during years beginning with 2018.--For 2018 and each subsequent year: ``(A) In general.--Subject to subparagraph (B), there shall be a general enrollment period beginning on October 15 of the previous year through December 31 of such previous year. ``(B) Exceptional circumstances.--The Secretary shall establish special enrollment periods in the case of a potentially eligible Medicare individual (as defined in section 1804(d)(8)) who meet such exceptional conditions as the Secretary may provide.''. (c) Technical Correction.--Section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is amended striking ``close of the enrollment period'' each place it appears and inserting ``close of the month''. SEC. 4. REVISING BENEFICIARY APPEAL RIGHTS FOR GOOD FAITH ENROLLMENT MISTAKES. (a) In General.--Subsection (h) of section 1837 of the Social Security Act (42 U.S.C. 1395p) is amended to read as follows: ``(h)(1) In any case in which the Secretary finds that an individual's enrollment or nonenrollment in the insurance program established by this part or part A pursuant to section 1818 is unintentional, inadvertent, or erroneous, whether the result of the error, misrepresentation, or inaction of an officer, employee, or agent of the Federal Government or its instrumentalities, an employer, a representative of a group health plan, a State, or for any other good faith reason on the part of such individual, the Secretary shall take such action (including the designation for such individual of a special initial or subsequent enrollment period, including retroactive enrollment, with a coverage period determined on the basis thereof and with appropriate adjustments of premiums) as may be necessary to correct or eliminate the effects of such error, misrepresentation, or inaction. The failure of an individual to enroll in the insurance program established by this part or part A pursuant to section 1818 due to enrollment under a group health plan; coverage pursuant to title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986, title VI of the Employee Retirement Income Security Act of 1974, or title XIX; or enrollment under a qualified health plan offered through an Exchange established under title I of the Patient Protection and Affordable Care Act shall under this subsection absent exceptional circumstances, as determined by the Secretary. ``(2) The Secretary, in consultation with the Commissioner of Social Security, shall develop and publish a formal application for requesting an action of the Secretary under paragraph (1) to correct or eliminate the effects of an error, misrepresentation, or inaction described in such paragraph and determine and publish specific timelines for timely resolution of such a request. ``(3) The Secretary shall also require that all such determinations with respect to such requests shall be reached within 15 business days of the submission of such application. All determinations shall be in writing through a standard decision notice which shall include an explanation of the reasons for the determination. ``(4)(A) The Commissioner of Social Security shall enter into contracts with independent review organizations in accordance with this subsection for the purpose of reviewing and determining individual appeals of determinations under paragraph (3) with respect to an application submitted pursuant to paragraph (2) relating to enrollment under part A or part B. ``(B) An individual who receives an adverse determination under paragraph (3) with respect to an application submitted pursuant to paragraph (2) may appeal to an independent review organization designated by the Commission. Any such appeal must be sent to the independent review organization within 90 days of the date the individual received the determination to be eligible for review. The independent review organization shall review and reach a determination of the review in writing within 45 days of the receipt of any such appeal. ``(C) The Secretary of the Treasury may not enter into a contract under subparagraph (A) with an independent review organization-- ``(i) unless the organization has staff that has the appropriate knowledge of, and experience with, the eligibility and coordination of benefits rules and regulations under this title; and ``(ii) to the extent the organization is a fiscal intermediary under section 1816, a carrier under section 1842, or a Medicare administrative contractor under section 1874A. ``(D) The Secretary of Health and Human Services shall provide for access by independent review organizations conducting appeal determinations under this subsection, to the database of the Coordination of Benefits Contractor of the Centers for Medicare & Medicaid Services as necessary in order to conduct the duties of such organizations to determine appeals pursuant to this subsection.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect beginning on the date that is 6 months after the date of the enactment of this Act.

Beneficiary Enrollment Notification and Eligibility Simplification Act of 2016 or the BENES Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act and the Internal Revenue Code to: establish requirements for the Centers for Medicare & Medicaid Services (CMS) to notify individuals of their potential eligibility for Medicare; require the Internal Revenue Service to disclose to CMS specified taxpayer information for the purpose of establishing individuals' potential Medicare eligibility; restructure Medicare enrollment periods; and expand Medicare beneficiaries' rights to appeal certain enrollment errors.

BENES Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Telephone Records Protection Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) telephone records can be of great use to criminals because the information contained in call logs listed in such records include a wealth of personal data; (2) many call logs reveal the names of telephone users' doctors, public and private relationships, business associates, and more; (3) although other personal information such as social security numbers may appear on public documents, which can be accessed by data brokers, the only warehouse of telephone records is located at the phone companies themselves; (4) telephone records may be accessed without authorization of the customer by-- (A) an employee of the telephone company selling the data; (B) ``pretexting,'' whereby a data broker or other person pretends to be the owner of the phone and convinces the telephone company's employees to release the data to them; or (C) unauthorized access of accounts via the Internet; and (5) because telephone companies encourage customers to manage their accounts online, many set up the online capability in advance. Many customers never access their Internet accounts, however. If someone seeking the information activates the account before the customer, he or she can gain unfettered access to the telephone records and call logs of that customer. SEC. 3. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH OBTAINING CONFIDENTIAL PHONE RECORDS INFORMATION FROM A COVERED ENTITY. Chapter 47 of title 18, United States Code, is amended by inserting after section 1038 the following: ``SEC. 1039. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH OBTAINING CONFIDENTIAL PHONE RECORDS INFORMATION FROM A COVERED ENTITY. ``(a) Criminal Violation.--Whoever obtains, or attempts to obtain, confidential phone records information from a covered entity, without authorization from the customer to whom such confidential phone records information relates, by knowingly and intentionally-- ``(1) making false or fraudulent statements or representations to an employee of a covered entity; ``(2) making such statements or representations to a customer of a covered entity; ``(3) providing false documentation to a covered entity knowing that such document is false; or ``(4) accessing customer accounts of a covered entity via the Internet; shall, for each such occurrence, be fined in accordance with this title, imprisoned for not more than 5 years, or both. ``(b) Prohibition on Sale of Confidential Phone Records Information.--Except as otherwise provided by applicable law, any person, including any employee of a covered entity or any data broker, who knowingly and intentionally sells, or attempts to sell, confidential phone records information from a covered entity, without authorization from the customer to whom such confidential phone records information relates, shall be fined in accordance with this title, imprisoned for not more than 5 years, or both. ``(c) Enhanced Penalties for Aggravated Cases.--Whoever violates, or attempts to violate, subsection (a) while violating another law of the United States or as part of a pattern of any illegal activity involving more than $100,000, or more than 50 customers of a covered entity, in a 12-month period shall be fined twice the amount provided in subsection (b)(3) or (c)(3) (as the case may be) of section 3571 of this title, imprisoned for not more than 10 years, or both. ``(d) Nonapplicability to Law Enforcement Agencies.--Subsection (a) shall be construed so as to not prevent any action by a law enforcement agency, or any officer, employee, or agent of such agency, to obtain confidential phone records information from a covered entity in connection with the performance of the official duties of the agency, in accordance with other applicable laws. ``(e) Definitions.--In this section: ``(1) Confidential phone records information.--The term `confidential phone records information' means-- ``(A) information that-- ``(i) relates to the quantity, technical configuration, type, destination, location, and amount of use of a service offered by a covered entity subscribed to by any customer of that covered entity; and ``(ii) is made available to a covered entity by a customer solely by virtue of the relationship between the covered entity and the customer; and ``(B) information contained in any bill related to the product or service offered by a covered entity and received by any customer of the covered entity. ``(2) Covered entity.--The term `covered entity'-- ``(A) has the same meaning given the term `telecommunications carrier' in section 3 of the Communications Act of 1934 (47 U.S.C. 153); and ``(B) includes any provider of IP-enabled voice service. ``(3) Customer.--The term `customer' means, with respect to a covered entity, any person, or authorized representative of a person, to whom the covered entity provides a product or service. ``(4) Document.--The term `document' means any information in any form. ``(5) IP-enabled voice service.--The term `IP-enabled voice service' means the provision of real-time 2-way voice communications offered to the public, or such class of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately) with 2-way interconnection capability such that the service can originate traffic to, and terminate traffic from, a public switched telephone network.''.

Consumer Telephone Records Protection Act of 2006 - Amends the federal criminal code to prohibit: (1) the obtaining by fraud or other unauthorized means of confidential phone records information from a telecommunications carrier or IP-enabled voice service provider (covered entity); and (2) the sale of such records by any person, including any employee of a covered entity. Exempts law enforcement agencies. Imposes a fine and/or imprisonment for up to five years. Doubles such penalties for violations occurring in a 12-month period involving more than $100,000 or more than 50 customers of a covered entity.

A bill to make the stealing and selling of telephone records a criminal offense.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Preservation and Portability Act of 2005''. SEC. 2. IMPROVEMENTS IN BENEFIT ACCRUAL STANDARDS. (a) Amendments to the Employee Retirement Income Security Act of 1974.-- (1) Rules relating to reduction in accrued benefits because of attainment of any age.--Section 204(b)(1)(H) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054(b)(1)(H)) is amended by adding at the end the following new clauses: ``(vii)(I) A plan complies with clause (i) if a participant's entire accrued benefit, as determined as of any date under the formula for determining benefits as set forth in the text of the plan documents, would be equal to or greater than that of any similarly situated, younger individual. ``(II) For purposes of this clause, an individual is similarly situated to a participant if such individual is identical to such participant in every respect (including period of service, compensation, position, date of hire, work history, and any other respect) except for age. ``(III) In determining the entire accrued benefit for purposes of this clause, the subsidized portion of any early retirement benefit (including any early retirement subsidy that is fully or partially included or reflected in an employee's opening balance or other transition benefits) shall be disregarded. ``(viii) A plan shall not be treated as failing to meet the requirements of this subparagraph solely because the plan provides allowable offsets against those benefits under the plan which are attributable to employer contributions, based on benefits which are provided under title II of the Social Security Act, the Railroad Retirement Act of 1974, or under any retirement program for officers or employees of the Federal Government or of the government of any State or political subdivision thereof. For purposes of this clause, allowable offsets based on such benefits consist of offsets equal to all or part of the actual benefit payment amounts, reasonable projections or estimations of such benefit payment amounts, or actuarial equivalents of such actual benefit payment amounts, projections, or estimations (determined on the basis of reasonable actuarial assumptions). ``(ix) A plan shall not be treated as failing to meet the requirements of this subparagraph solely because the plan provides a disparity in contributions or benefits with respect to which the requirements of section 401(l) of the Internal Revenue Code of 1986 are met. ``(x)(I) A plan shall not be treated as failing to meet the requirements of this subparagraph solely because the plan provides for pre-retirement indexing of accrued benefits under the plan. ``(II) For purposes of this clause, the term `pre-retirement indexing' means, in connection with an accrued benefit, the periodic adjustment of the accrued benefit by means of the application of a recognized index or methodology so as to protect the economic value of the benefit against inflation prior to distribution.''. (2) Determinations of accrued benefit as balance of benefit account.--Section 203 of such Act (29 U.S.C. 1053) is amended by adding at the end the following new subsection: ``(f)(1) A defined benefit plan under which the accrued benefit payable under the plan upon distribution (or any portion thereof) is expressed as the balance of an account maintained for the participant shall not be treated as failing to meet the requirements of subsection (a)(2) and section 205(g) solely because of the amount actually made available for such distribution under the terms of the plan, in any case in which-- ``(A) the applicable interest rate that would be required to discount the participant's accrued benefit projected under the terms of the plan to normal retirement age to a present value equal to the amount actually made available for distribution under the plan is not greater than ``(B) a market rate of return. ``(2) The Secretary of the Treasury may provide by regulation for rules governing the calculation of a market rate of return for purposes of paragraph (1) and for permissible methods of crediting interest to the account (including variable interest rates) resulting in effective rates of return meeting the requirements of paragraph (1).''. (b) Amendments to the Internal Revenue Code of 1986.-- (1) Rules relating to reduction in accrued benefits because of attainment of any age.--Subparagraph (H) of section 411(b)(1) of the Internal Revenue Code of 1986 (relating to continued accrual beyond normal retirement age) is amended-- (A) by striking the heading and inserting the following: ``Rules relating to reduction in accrued benefits because of attainment of any age.--''; and (B) by adding at the end the following: ``(vi) Comparison to similarly situated, younger individuals.-- ``(I) In general.--A plan shall not be treated as failing to meet the requirements of clause (i) if, as of any applicable date, a participant's entire accrued benefit, as determined under the formula for determining benefits as set forth in the text of the plan documents, would be equal to or greater than that of any similarly situated, younger individual. ``(II) Similarly situated individual.--For purposes of this clause, an individual is similarly situated to a participant if such individual is identical to such participant in every respect (including period of service, compensation, position, date of hire, work history, and any other respect) except for age. ``(III) Subsidized portion of early retirement benefit disregarded.--In determining the entire accrued benefit for purposes of this clause, the subsidized portion of any early retirement benefit shall be disregarded. ``(vii) Allowable offsets.--A plan shall not be treated as failing to meet the requirements of this subparagraph solely because the plan provides allowable offsets against those benefits under the plan which are attributable to employer contributions, based on benefits which are provided-- ``(I) under title II of the Social Security Act, the Railroad Retirement Act of 1974, or under any retirement program for officers or employees of the Federal Government or of the government of any State or political subdivision thereof, or ``(II) under another defined benefit plan which meets the requirements of this subparagraph or a defined contribution plan which meets the requirements of paragraph (2), if such offset is determined under a formula which does not provide for the commencement of, or any increase in, the offset upon the attainment of any specified age of the participant. For purposes of this clause, allowable offsets based on such benefits consist of offsets equal to the actual benefit payment amounts, reasonable projections or estimations of such benefit payment amounts, or actuarial equivalents of such actual benefit payment amounts, projections, or estimations (determined on the basis of reasonable actuarial assumptions). ``(viii) Compliance with rules permitting disparity in plan contributions or benefits.--A plan shall not be treated as failing to meet the requirements of this subparagraph solely because the plan provides a disparity in contributions or benefits with respect to which the requirements of section 401(l) are met. ``(ix) Pre-retirement indexing.-- ``(I) In general.--A plan shall not be treated as failing to meet the requirements of this subparagraph solely because the plan provides for pre-retirement indexing of accrued benefits under the plan. ``(II) Definition.--For purposes of this clause, the term `pre-retirement indexing' means, in connection with an accrued benefit, the periodic adjustment of the accrued benefit by means of the application of a recognized index or methodology so as to protect the economic value of the benefit against inflation prior to distribution.''. (2) Determinations of accrued benefit as balance of benefit account.--Subsection (a) of section 411 of such Code (relating to minimum vesting standards) is amended by adding at the end the following new paragraph: ``(13) Maintenance of nonforfeitability of benefits expressed as account balance.-- ``(A) In general.--A defined benefit plan under which the accrued benefit payable under the plan upon distribution (or any portion thereof) is expressed as the balance of an account maintained for the participant shall not be treated as failing to meet the requirements of paragraph (2) or 417(e) solely because of the amount actually made available for such distribution under the terms of the plan, in any case in which-- ``(i) the applicable interest rate that would be required to discount the participant's accrued benefit projected under the terms of the plan to normal retirement age to a present value equal to the amount actually made available for distribution under the plan is not greater than ``(ii) a market rate of return. ``(B) Regulations.--The Secretary may provide by regulation for rules governing the calculation of a market rate of return for purposes of subparagraph (A) and for permissible methods of crediting interest to the account (including variable interest rates) resulting in effective rates of return meeting the requirements of subparagraph (A).''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning before, on, or after the date of the enactment of this Act.

Pension Preservation and Portability Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to require all defined benefit pension plans, including hybrid plans such as a cash balance plan, to comply with certain rules, in cases of reduction in accrued benefits because of attainment of any age, in order to be deemed nondiscriminatory as to age.

To amend title I of the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to make improvements in benefit accrual standards.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wildfire Prevention Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) there is an increasing threat of wildfire to millions of acres of forest land and rangeland throughout the United States; (2) forest land and rangeland are degraded as a direct consequence of land management practices (including practices to control and prevent wildfires and the failure to harvest subdominant trees from overstocked stands) that disrupt the occurrence of frequent low-intensity fires that have periodically removed flammable undergrowth; (3) at least 39,000,000 acres of land of the National Forest System in the interior West are at high risk of wildfire; (4) an average of 95 percent of the expenditures by the Forest Service for wildfire suppression during fiscal years 1990 through 1994 were made to suppress wildfires in the interior West; (5) the number, size, and severity of wildfires in the interior West are increasing; (6) of the timberland in National Forests in the States of Arizona and New Mexico, 59 percent of such land in Arizona, and 56 percent of such land in New Mexico, has an average diameter of 9 to 12 inches diameter at breast height; (7) the population of the interior West grew twice as fast as the national average during the 1990s; (8) efforts to prioritize forests and communities for wildfire risk reduction have been inconsistent and insufficient and have resulted in funding to areas that are not prone to severe wildfires; (9) catastrophic wildfires-- (A) endanger homes and communities; (B) damage and destroy watersheds and soils; and (C) pose a serious threat to the habitat of threatened and endangered species; (10) a 1994 assessment of forest health in the interior West estimated that only a 15- to 30-year window of opportunity exists for effective management intervention before damage from uncontrollable wildfire becomes widespread, with 8 years having already elapsed since the assessment; (11) following a catastrophic wildfire, certain forests in the interior West do not return to their former grandeur; (12) healthy forest and woodland ecosystems-- (A) reduce the risk of wildfire to forests and communities; (B) improve wildlife habitat and biodiversity; (C) increase tree, grass, forb, and shrub productivity; (D) enhance watershed values; (E) improve the environment; and (F) provide a basis in some areas for economically and environmentally sustainable uses; (13) sustaining the long-term ecological and economic health of interior West forests and woodland, and their dependent human communities, requires preventing severe wildfires before the wildfires occur and permitting natural, low-intensity ground fires; (14) more natural fire regimes cannot be accomplished without the reduction of excess fuels and thinning of subdorminant trees (which fuels and trees may be of commercial value); (15) ecologically-based forest and woodland ecosystem restoration on a landscape scale will-- (A) improve long-term community protection; (B) minimize the need for wildfire suppression; (C) improve resource values; (D) reduce rehabilitation costs; (E) reduce loss of critical habitat; and (F) protect forests for future generations; (16) although the National Fire Plan, and the report entitled ``Protecting People and Sustaining Resources in Fire- Adapted Ecosystems--A Cohesive Strategy'' (65 Fed. Reg. 67480), advocate a shift in wildfire policy from suppression to prevention (including restoration and hazardous fuels reduction), Federal land managers are not dedicating sufficient attention and financial resources to restoration activities that simultaneously restore forest health and reduce the risk of severe wildfire; (17) although landscape scale restoration is needed to effectively reverse degradation, scientific understanding of landscape scale treatments is limited; (18) the Federal wildfire research program is funded at approximately 1/3 of the amount that is required to address emerging wildfire problems, resulting in the lack of a cohesive strategy to address the threat of catastrophic wildfires; and (19) rigorous, understandable, and applied scientific information is needed for-- (A) the design, implementation, and adaptation of landscape scale restoration treatments and improvement of wildfire management technology; (B) the environmental review process; and (C) affected entities that collaborate in the development and implementation of wildfire treatment. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to enhance the capacity to develop, transfer, apply, and monitor practical science-based forest restoration treatments that will reduce the risk of severe wildfires, and improve forest and woodland health, in the interior West; (2) to develop the practical scientific knowledge required to implement forest and woodland restoration on a landscape scale; (3) to develop the interdisciplinary knowledge required to understand the socioeconomic and environmental impacts of wildfire control on ecosystems and landscapes; (4) to require Federal agencies-- (A) to use ecological restoration treatments to reverse declining forest health and reduce the risk of severe wildfires across the forest landscape; (B) to ensure that sufficient funds are dedicated to wildlife prevention activities, including restoration treatments; and (C) to monitor and use wildfire treatments based on the use of adaptive ecosystem management; (5) to develop, transfer, and assist land managers in treating acres with restoration-based treatments and use new management technologies (including the transfer of understandable information, assistance with environmental review, and field and classroom training and collaboration) to accomplish the goals identified in-- (A) the National Fire Plan; (B) the report entitled ``Protecting People and Sustaining Resources in Fire-Adapted Ecosystems--A Cohesive Strategy'' (65 Fed. Reg. 67480); and (C) the report entitled ``10-Year Comprehensive Strategy: A Collaborative Approach for Reducing Wildland Fire Risks to Communities and the Environment'' of the Western Governors' Association; and (6) to provide technical assistance to collaborative efforts by affected entities to develop, implement, and monitor adaptive ecosystem management restoration treatments that are ecologically sound, economically viable, and socially responsible. SEC. 4. DEFINITIONS. In this Act: (1) Adaptive ecosystem management.--The term ``adaptive ecosystem management'' means a natural resource management process under which planning, implementation, monitoring, research, evaluation, and incorporation of new knowledge are combined into a management approach that is-- (A) based on scientific findings and the needs of society; and (B) used to modify future management methods and policy. (2) Affected entities.--The term ``affected entities'' includes-- (A) land managers; (B) stakeholders; and (C) concerned citizens. (3) Institute.--The term ``Institute'' means an Institute established under section 5(a). (4) Interior west.--The term ``interior West'' means the States of Arizona, Colorado, Idaho, Nevada, New Mexico, and Utah. (5) Land manager.-- (A) In general.--The term ``land manager'' means a person or entity that practices or guides natural resource management. (B) Inclusions.--The term ``land manager'' includes a Federal, State, local, or tribal land management agency. (6) Restoration.--The term ``restoration'' means a process undertaken to return an ecosystem or habitat toward-- (A) the original condition of the ecosystem or habitat; or (B) a condition that supports a related species, natural function, or ecological process (including a low intensity fire). (7) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (8) Secretaries.--The term ``Secretaries'' means-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of the Interior. (9) Stakeholder.--The term ``stakeholder'' means any person interested in or affected by management of forest or woodland ecosystems. SEC. 5. ESTABLISHMENT OF INSTITUTES. (a) In General.--The Secretary, in consultation with the Secretary of the Interior, shall-- (1) not later than 180 days after the date of enactment of this Act, establish 3 Institutes to promote the use of adaptive ecosystem management to reduce the risk of wildfires, and improve the health of forest and woodland ecosystems, in the interior West; and (2) provide assistance to the Institutes to promote the use of adaptive ecosystem management in accordance with paragraph (1). (b) Location.-- (1) Existing institutes.--The Secretary may designate an institute in existence on the date of enactment of this Act to serve as an Institute established under this Act. (2) States.--Of the Institutes established under this Act, the Secretary shall establish 1 Institute in each of-- (A) the State of Arizona, to be located at Northern Arizona University; (B) the State of New Mexico; and (C) the State of Colorado. (c) Duties.--Each Institute shall-- (1) plan, conduct, or promote research on the use of adaptive ecosystem management to reduce the risk of wildfires, and improve the health of forest and woodland ecosystems, in the interior West, including-- (A) research that assists in providing information on the use of adaptive ecosystem management practices to affected entities; and (B) research that will be useful in the development and implementation of practical, science-based, ecological restoration treatments for forest and woodland ecosystems affected by wildfires; and (2) provide the results of research described in paragraph (1) to affected entities. (d) Cooperation.--To increase and accelerate efforts to restore forest ecosystem health and abate unnatural and unwanted wildfires in the interior West, each Institute shall cooperate with-- (1) researchers at colleges and universities in the States of Arizona, New Mexico, and Colorado that have a demonstrated capability to conduct research described in subsection (c); and (2) other organizations and entities in the interior West (such as the Western Governors' Association). (e) Annual Work Plans.--As a condition of the receipt of funds made available under this Act, for each fiscal year, each Institute shall submit to the Secretary, for review by the Secretary, in consultation with the Secretary of the Interior, an annual work plan that includes assurances, satisfactory to the Secretaries, that the proposed work of the Institute will serve the informational needs of affected entities. SEC. 6. COOPERATION BETWEEN INSTITUTES AND FEDERAL AGENCIES. In carrying out this Act, the Secretary, in consultation with the Secretary of the Interior-- (1) shall ensure that adequate financial and technical assistance is provided to the Institutes to enable the Institutes to carry out the purposes of the Institutes under section 5, including prevention activities and ecological restoration for wildfires and affected ecosystems; (2) shall use information and expertise provided by the Institutes; (3) shall encourage Federal agencies to use, on a cooperative basis, information and expertise provided by the Institutes; (4) shall encourage cooperation and coordination between Federal programs relating to-- (A) ecological restoration; (B) wildfire risk reduction; and (C) wildfire management technologies; (5) notwithstanding chapter 63 of title 31, United States Code, may-- (A) enter into contracts, cooperative agreements, interagency personal agreements to carry out this Act; and (B) carry out other transactions under this Act; (6) may accept funds from other Federal agencies to supplement or fully fund grants made, and contracts entered into, by the Secretaries; (7) may support a program of internships for qualified individuals at the undergraduate and graduate levels to carry out the educational and training objectives of this Act; (8) shall encourage professional education and public information activities relating to the purposes of this Act; and (9) may promulgate such regulations as the Secretaries determine are necessary to carry out this Act. SEC. 7. MONITORING AND EVALUATION. (a) In General.--Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary, in consultation with the Secretary of Interior, shall complete and submit to the appropriate committees of Congress a detailed evaluation of the programs and activities of each Institute-- (1) to ensure, to the maximum extent practicable, that the research, communication tools, and information transfer activities of each Institutes meet the needs of affected entities; and (2) to determine whether continued provision of Federal assistance to each Institute is warranted. (b) Termination of Assistance.--If, as a result of an evaluation under subsection (a), the Secretary, in consultation with the Secretary of the Interior, determines that an Institute does not qualify for further Federal assistance under this Act, the Institute shall receive no further Federal assistance under this Act until such time as the qualifications of the Institute are reestablished to the satisfaction of the Secretaries. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $15,000,000 for each fiscal year.

Wildfire Prevention Act of 2003 - Directs the Secretary of Agriculture, through the Chief of the Forest Service, to: (1) establish three Institutes (one each in Arizona at Northern Arizona University, New Mexico, and Colorado) to promote the use of adaptive ecosystem management to reduce the risk of wildfires, and improve the health of forest and woodland ecosystems in Arizona, Colorado, Idaho, Nevada, New Mexico, and Utah; and (2) assist the Institutes to promote such management.Defines adaptive ecosystem management as a natural resource management process under which planning, implementation, monitoring, research, evaluation, and incorporation of new knowledge are combined into a management approach that is: (1) based on scientific findings and the needs of society; and (2) used to modify future management methods and policy.Prescribes requirements for cooperation among the Institutes and Federal programs relating to ecological restoration, wildfire risk reduction, and wildfire management technologies.

To establish Institutes to conduct research on the prevention of, and restoration from, wildfires in forest and woodland ecosystems of the interior West.

SECTION 1. CREDIT FOR PROPERTY USED IN CERTAIN AGRICULTURE-RELATED ACTIVITIES TO CONTROL ENVIRONMENTAL POLLUTION AND FOR SOIL AND WATER CONSERVATION EXPENDITURES. (a) In General.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end thereof the following paragraph: ``(4) in the case of an eligible taxpayer (as defined in section 48(c)), the agricultural environmental credit.'' (b) Agricultural Environmental Credit.--Section 48 of such Code is amended by adding at the end thereof the following new subsection: ``(c) Agricultural Environmental Credit.-- ``(1) In general.--For purposes of section 46, in the case of an eligible taxpayer, the agricultural environmental credit for any taxable year is equal to the lesser of-- ``(A) the sum of-- ``(i) 15 percent of the portion of the basis of each agricultural environmental property placed in service by the taxpayer during such taxable year, and ``(ii) 15 percent of the amount allowed as a deduction under section 175 (determined without regard to paragraph (4)(B)) for such taxable year, or ``(B) the lesser of-- ``(i) $15,000, or ``(ii) the excess of-- ``(I) $150,000, over ``(II) the amount of the credit taken into account under this section by the taxpayer for taxable years preceding the taxable year. ``(2) Eligible taxpayer.-- ``(A) In general.--For purposes of this subsection,the term `eligible taxpayer' means any taxpayer primarily engaged in a farming-related business. ``(B) Farming-related business.--For purposes of this subsection, the term `farming-related business' means-- ``(i) a farming business (as defined in section 263A(e)(4)), ``(ii) a trade or business of mixing fertilizers from purchased fertilizer materials, and ``(iii) a trade or business of the wholesale distribution of animal feeds, fertilizers, agricultural chemicals, pesticides, seeds, or other farm supplies (other than grains). ``(3) Agricultural environmental property.-- ``(A) In general.--For purposes of this subsection, the term `agricultural environmental property' means any new identifiable treatment facility-- ``(i) which is used in a farming-related business for the primary purpose of complying with Federal, State, and local environmental laws dealing with the abatement or control of water, soil, or atmospheric pollution or contamination by removing, altering, disposing, storing, or preventing the creation or emission of pollutants, contaminants, wastes, or heat, and ``(ii) which does not significantly-- ``(I) increase the output or capacity, extend the useful life, or reduce the total operating costs of plant or property to which such facility relates, or ``(II) alter the nature of any manufacturing or production process or facility. ``(B) New identifiable treatment facility.--The term `new identifiable treatment facility' has the meaning given such term by section 169(d)(4)(A), determined by substituting `December 31, 1993' for `December 31, 1968'. ``(4) Special rules.-- ``(A) Coordination with energy and rehabilitation credits.--This subsection shall not apply to-- ``(i) any property to the extent the basis of such property is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)), or ``(ii) energy property. ``(B) Coordination with deduction for soil and water conservation expenditures.--The amount which would (but for this subparagraph) be allowed as a deduction under section 175 for any taxable year shall be reduced by the amount of the credit allowed by paragraph (1)(B) for such year. ``(C) Coordination with amortization of pollution control facilities.--This subsection shall not apply to any property to the extent an election is made under section 169 with respect to the basis of such property.'' (c) Clerical Amendments.-- (1) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. ENERGY CREDIT; REFORESTATION CREDIT; AGRICULTURAL ENVIRONMENTAL CREDIT.'' (2) The item relating to section 48 in the table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: ``Sec. 48. Energy credit; reforestation credit; agricultural environmental credit.'' (d) Effective Date.--The amendments made by this section shall apply to periods after December 31, 1993, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

Amends the Internal Revenue Code to allow taxpayers primarily engaged in a farming-related business an investment tax credit for a percentage of: (1) the costs of agricultural environmental property; and (2) the amount allowed as a deduction for soil and water conservation expenditures.

A bill to amend the Internal Revenue Code of 1986 to provide taxpayers engaged in certain agriculture-related activities a credit against income tax for property used to control environmental pollution and for soil and water conservation expenditures.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Naturalization Improvements Act of 1995''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) According to the Immigration and Naturalization Service, by April 1995, 5,300,000 adults and about 700,000 children will be eligible for citizenship. About 3,000,000 immigrants who were legalized under the Immigration Reform and Control Act of 1986 will also be eligible for citizenship. (2) The Immigration and Naturalization Service estimates that about 338,445 naturalization cases were pending at the end of fiscal year 1994. (3) According to the Immigration and Naturalization Service, applications increased 78 percent from October 1994 to January 1995, compared with the same period the year before. The percentage increase in citizenship applications ranged from 9 percent in San Antonio to 301 percent in Los Angeles. (4) According to the American Immigration Lawyers Association, estimates of the time it takes from filing the citizenship application to being interviewed range from 60 days to over 2 years. (5) In addition to the enormous backlog in applications, the following are also included as barriers to successfully completing the citizenship process: lack of outreach and information services available to the eligible population to inform potential applicants about the benefits and legal consequences of becoming a citizen; insufficient information and counseling on the application process itself; and lack of access to English language and citizenship preparation classes. (6) The Immigration and Naturalization Service cites lack of English language skills as the primary reason applicants are denied citizenship. (7) There is no Federal program that is specifically targeted to the educational needs of immigrants wishing to naturalize. (8) President Clinton's fiscal year 1996 budget proposal requests $7,000,000 for Immigration and Naturalization Service's citizenship and relating operating expenses as compared with $1,000,000,000 for border enforcement and assistance to States. SEC. 3. SENSE OF CONGRESS. The following is the sense of the Congress: (1) The right of citizenship through naturalization underlies the greatness of our Nation in the same way that citizenship by birth does. (2) The rights accorded by the Constitution and the laws of the United States upon citizens and those lawfully in the United States, as well as upon those who are entitled to seek legal status under current law, must not be forsaken, weakened, nor compromised. Reducing rights or services for everyone undermines our sense of responsibility as a democracy. (3) Naturalization should become a national priority to ensure that all residents are able to participate fully in the rights and responsibilities that go along with United States citizenship. It is the responsibility of the Federal Government to provide the services necessary for naturalization. (4) In order to reduce the backlog of pending United States citizenship applications in Immigration and Naturalization Service offices across the country, the Immigration and Naturalization Service should increasingly privatize the administration of the oral English and written civics exam. The Immigration and Naturalization Service should determine the appropriate agencies experienced in educational testing to assist with this part of the naturalization process. (5) In order to privatize the administration of the English oral and written civic exams, the Immigration and Naturalization Service should develop a national standard for each exam. The Immigration and Naturalization Service should then determine what the standard will consist of and how to administer the standard after it has been established. (6) The Immigration and Naturalization Service should publicize the opportunity to take the oral English and written civics exams with a private agency authorized by the Immigration and Naturalization Service as an alternative to testing with the Immigration and Naturalization Service. The inclusion of private agencies authorized by the Immigration and Naturalization Service to administer the English oral and written civics exams will give applicants the opportunity to complete the naturalization process with greater efficiency. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Immigration and Naturalization Service such sums as may be necessary for the following: (1) To restructure and streamline Immigration and Naturalization Service procedures to reduce delays in the naturalization process. (2) To promote local level, cooperative agreements between the Immigration and Naturalization Service and community organizations and institute administrative reforms to minimize delays and promote outreach to the immigrant community. (3) To expand current services to suburbs and target populations with special challenges such as the elderly. (4) To continue and expand collaborative arrangements among nonprofit, government, and private sector entities to deliver citizenship services (including outreach and adult education classes) as effectively and efficiently as possible. (5) To upgrade equipment and technology used to report on naturalization statistics and the naturalization application process.

Naturalization Improvements Act of 1995 - Expresses the sense of the Congress that in order to reduce naturalization backlogs the Immigration and Naturalization Service (INS) should increasingly privatize administration of the oral English and written civics exam. Authorizes appropriations for INS naturalization procedure restructuring, including community outreach activities and equipment and technology upgrades.

Naturalization Improvements Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Improvement Volunteer Act of 1994''. SEC. 2. FINDINGS. Congress finds that-- (1) the ethic of civic responsibility, the spirit of community and the belief in volunteerism have all been fundamental principles guiding this country's evolution; (2) Americans persist in their desire to affirm their sense of humanity, community, civic responsibility and shared values; (3) volunteerism plays a vital role in helping the American people meet these mores; (4) throughout the United States, there are pressing unmet public needs that will benefit and serve the local community or disadvantaged groups within the community (such as food banks, homeless shelters, parks, day care centers, youth centers, drug and alcohol abuse rehabilitation centers, libraries, and similar entities); (5) expanding opportunities for volunteerism can assist a community in meeting many of these unmet public needs resulting in tangible benefits to society at little or no cost to the public; (6) many Federal laws that authorize financial assistance for the construction of public buildings and public works require the application of the prevailing wage-setting provisions of the Act of March 3, 1931 (commonly known as the ``Davis-Bacon Act'') (40 U.S.C. 276a et seq.) which sets minimum wages and fringe benefits which must be paid to various classes of laborers and mechanics who are employed on such projects; (7) these prevailing wage-setting provisions of the Davis- Bacon Act protect the labor standards of working men and women in the locality where the federally-assisted project is to be constructed, significantly contribute to the achievement of a decent standard of living for local area working families, and contribute to safeguarding and providing employment opportunities for women and minorities in the construction industry; (8) the prevailing wage-setting provisions of the Davis- Bacon Act create incentives for contractors and subcontractors seeking federally-assisted and insured contracts and subcontracts to establish and support apprenticeship programs which provide opportunities for women and minorities to receive training that enables them to become fully qualified laborers and mechanics in the construction industry; and (9) in order to achieve these objectives, the prevailing wage-setting provisions of the Davis-Bacon Act have been uniformly applied to all laborers and mechanics who performed work on federally-assisted public building and public works projects regardless of their status as volunteers, unless an express exception is specifically provided for in a particular Federal law under which the Federal funding is authorized. SEC. 3. PURPOSE. It is the purpose of this Act to promote and provide more opportunities for people who wish to volunteer their services in the construction, repair or alteration, including painting and decorating, of public buildings and public works funded, in whole or in part, with Federal financial assistance authorized under certain Federal programs that might not otherwise be possible without the use of volunteers, by waiving the application of the otherwise applicable prevailing wage- setting provisions of the Act of March 3, 1931 (commonly known as the ``Davis-Bacon Act'') (40 U.S.C. 276a et seq.) to such volunteers. SEC. 4. WAIVER. (a) In General.--The requirement that certain laborers and mechanics be paid in accordance with the wage-setting provisions of the Act of March 3, 1931 (commonly known as the ``Davis-Bacon Act'') (40 U.S.C. 276a et seq.) as set forth in any of the Acts or provisions described in subsection (d), and the provisions relating to wages, in any federally assisted or insured contract or subcontract for construction, shall not apply to any individual-- (1) who volunteers-- (A) to perform a service for a public or private entity for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered other than expenses, reasonable benefits, or a nominal fee (as defined in subsection (b)), but solely for the personal purpose or pleasure of the individual; and (B) to provide such services freely and without pressure or coercion, direct or implied, from an employer; (2) whose contribution of service is not for the benefit of any contractor otherwise performing or seeking to perform work on the same project; and (3) who is not otherwise employed at any time under the federally assisted or insured contract or subcontract involved for construction with respect to the project for which the individual is volunteering. (b) Expenses.--Payments of expenses, reasonable benefits, or a nominal fee may be provided to volunteers described in subsection (a) if the Secretary of Labor determines, after an examination of the total amount of payments made (expenses, benefits, fees) in the context of the economic realities of the specific federally assisted or insured project, that such payments are appropriate. Subject to such a determination-- (1) a payment for an expense may be received by a volunteer for items such as uniform allowances, protective gear and clothing, reimbursement for approximate out-of-pocket expenses, or for the cost or expense of meals and transportation; (2) a reasonable benefit may include the inclusion of a volunteer in a group insurance plan (such as a liability, health, life, disability, or worker's compensation plan) or pension plan or the awarding of a length of service award; and (3) a nominal fee may not be used as a substitute for compensation and must not be tied to productivity. The decision as to what constitutes a nominal fee for purposes of paragraph (3) shall be made on a case-by-case basis and in the context of the economic realities of the situation involved. (c) Economic Reality.--For purposes of subsection (b), in determining whether an expense, benefit or fee described in such subsection may be paid to volunteers in the context of the economic realities of the particular situation, the Secretary of Labor shall not approve any such expense, benefit or fee which has the effect of undermining labor standards by creating downward pressure on prevailing wages in the local construction industry. (d) Contracts Exempted.--For purposes of subsection (a), the Acts or provisions described in this subsection are the following: (1) The Library Services and Construction Act. (2) The Indian Self-Determination and Education Assistance Act. (3) Section 329 of the Public Health Service Act (42 U.S.C. 254b). (4) Section 330 of the Public Health Service Act (42 U.S.C. 254c). SEC. 5. REPORT. Not later than December 31, 1997, the Secretary of Labor shall prepare and submit to the appropriate committees of Congress a report that-- (1) identifies and assesses, to the maximum extent practicable-- (A) the projects for which volunteers were permitted to work under this Act; and (B) the number of volunteers permitted to work because of the compliance of entities with the provisions of this Act; and (2) contains recommendations with respect to other Davis- Bacon-related Acts that could be addressed to permit volunteer work.

Community Improvement Volunteer Act of 1994 - Provides for waivers of the prevailing-wage-setting requirements of the Davis-Bacon Act with respect to volunteers who perform services under the Library Services and Construction Act, the Indian Self-Determination and Education Assistance Act, or migrant health centers or community health centers provisions of the Public Health Service Act. Prohibits approval of any expense, benefit, or fee being paid to such volunteers which has the effect of undermining labor standards by creating downward pressure on prevailing wages in the local construction industry. Directs the Secretary of Labor to report to the appropriate congressional committees on such waivers for volunteers on such projects and make recommendations with respect to other Davis-Bacon-related Acts that could be addressed to permit volunteer work.

Community Improvement Volunteer Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Emergency Tax Relief Act of 2016 (FLETRA)''. SEC. 2. SPECIAL RULES FOR USE OF RETIREMENT FUNDS WITH RESPECT TO MISSISSIPPI DELTA AREAS DAMAGED BY 2016 FLOODING. (a) Tax-Favored Withdrawals From Retirement Plans.-- (1) In general.--Section 72(t) of the Internal Revenue Code of 1986 shall not apply to any qualified Mississippi River Delta flooding distribution. (2) Aggregate dollar limitation.-- (A) In general.--For purposes of this subsection, the aggregate amount of distributions received by an individual which may be treated as qualified Mississippi River Delta flooding distributions for any taxable year shall not exceed the excess (if any) of-- (i) $100,000, over (ii) the aggregate amounts treated as qualified Mississippi River Delta flooding distributions received by such individual for all prior taxable years. (B) Treatment of plan distributions.--If a distribution to an individual would (without regard to subparagraph (A)) be a qualified Mississippi River Delta flooding distribution, a plan shall not be treated as violating any requirement of this title merely because the plan treats such distribution as a qualified Mississippi River Delta flooding distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $100,000. (C) Controlled group.--For purposes of subparagraph (B), the term ``controlled group'' means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986. (3) Amount distributed may be repaid.-- (A) In general.--Any individual who receives a qualified Mississippi River Delta flooding distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of the Internal Revenue Code of 1986, as the case may be. (B) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of this title, if a contribution is made pursuant to subparagraph (A) with respect to a qualified Mississippi River Delta flooding distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified Mississippi River Delta flooding distribution in an eligible rollover distribution (as defined in section 402(c)(4) of the Internal Revenue Code of 1986) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (C) Treatment of repayments for distributions from iras.--For purposes of this title, if a contribution is made pursuant to subparagraph (A) with respect to a qualified Mississippi River Delta flooding distribution from an individual retirement plan (as defined by section 7701(a)(37) of the Internal Revenue Code of 1986), then, to the extent of the amount of the contribution, the qualified Mississippi River Delta flooding distribution shall be treated as a distribution described in section 408(d)(3) of such Code and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (4) Definitions.--For purposes of this subsection-- (A) Qualified mississippi river delta flooding distribution.--Except as provided in paragraph (2), the term ``qualified Mississippi River Delta flooding distribution'' means any distribution from an eligible retirement plan made on or after August 11, 2016, and before January 1, 2018, to an individual whose principal place of abode on August 11, 2016, is located in the Mississippi River Delta disaster area and who has sustained an economic loss by reason of the severe storms and flooding giving rise to the Presidential declaration described in subsection (c). (B) Eligible retirement plan.--The term ``eligible retirement plan'' shall have the meaning given such term by section 402(c)(8)(B) of the Internal Revenue Code of 1986. (5) Income inclusion spread over 3-year period.-- (A) In general.--In the case of any qualified Mississippi River Delta flooding distribution, unless the taxpayer elects not to have this paragraph apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 3-taxable-year period beginning with such taxable year. (B) Special rule.--For purposes of subparagraph (A), rules similar to the rules of subparagraph (E) of section 408A(d)(3) of the Internal Revenue Code of 1986 shall apply. (6) Special rules.-- (A) Exemption of distributions from trustee to trustee transfer and withholding rules.--For purposes of sections 401(a)(31), 402(f), and 3405 of the Internal Revenue Code of 1986, qualified Mississippi River Delta flooding distributions shall not be treated as eligible rollover distributions. (B) Qualified mississippi river delta flooding distributions treated as meeting plan distribution requirements.--For purposes of this title, a qualified Mississippi River Delta flooding distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) of the Internal Revenue Code of 1986. (b) Provisions Relating to Plan Amendments.-- (1) In general.--If this subsection applies to any amendment to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i). (2) Amendments to which subsection applies.-- (A) In general.--This subsection shall apply to any amendment to any plan or annuity contract which is made-- (i) pursuant to any provision of this section, or pursuant to any regulation issued by the Secretary or the Secretary of Labor under any provision of this section; and (ii) on or before the last day of the first plan year beginning on or after January 1, 2018, or such later date as the Secretary may prescribe. In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), clause (ii) shall be applied by substituting the date which is 2 years after the date otherwise applied under clause (ii). (B) Conditions.--This subsection shall not apply to any amendment unless-- (i) during the period-- (I) beginning on the date that this section or the regulation described in subparagraph (A)(i) takes effect (or in the case of a plan or contract amendment not required by this section or such regulation, the effective date specified by the plan); and (II) ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted), the plan or contract is operated as if such plan or contract amendment were in effect; and (ii) such plan or contract amendment applies retroactively for such period. (c) Mississippi River Delta Flood Disaster Area.--For purposes of this section, the term ``Mississippi River Delta flood disaster area'' means the area with respect to which a major disaster has been declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of severe storms or flooding occurring in the State of Louisiana on or after August 11, 2016, and before September 1, 2016.

Flood Emergency Tax Relief Act of 2016 (FLETRA) This bill amends the Internal Revenue Code to permit individuals impacted by flooding in the Mississippi Delta to make penalty-free withdrawals from retirement accounts. The bill waives the 10% additional tax on early distributions from retirement plans for up to $100,000 in distributions made on or after August 11, 2016, and before January 1, 2018. The distributions must be made to an individual: (1) whose principal place of abode on August 11, 2016, is located in the Mississippi River Delta disaster area, and (2) who has sustained an economic loss by reason of the severe storms and flooding giving rise to the Presidential declaration of a major disaster area in Louisiana on or after August 11, 2016, and before September 1, 2016. A taxpayer who has received such a distribution may: (1) repay the distribution by making additional contributions to a retirement account within three years, and (2) include the distribution in gross income by dividing the amount over a three-year period.

Flood Emergency Tax Relief Act of 2016 (FLETRA)

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smart Technologies for Communities Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Congestion on our roadways is hampering American's daily lives, slowing down commerce, polluting the environment we live in, and wasting fuel. It is estimated that in our metropolitan communities, the average commuter wasted 34 hours in 2009 sitting in traffic, resulting in 3,900,000,000 gallons of wasted fuel and costing more than $115,000,000,000 annually. With our growing population and demand for freight transportation expected to double by 2035, failure to address traffic congestion adds to the cost of goods movement and threatens the Nation's economic competitiveness and quality of life. (2) Even with a record decline in traffic fatalities in 2009, nearly 34,000 people were killed on United States roads, the equivalent of more than 200 fully loaded 737 airliners. The economic cost alone of traffic fatalities and injuries has been estimated at $230,000,000,000 each year. (3) The transportation sector contributes nearly one-third of the Nation's carbon dioxide emissions, while wasted fuel from idling vehicles and stop-and-go traffic puts family budgets in the red, drives up the cost of goods and services, and increases our Nation's dependence on foreign oil. (4) The United States cannot continue to simply build our way into a safer, cleaner, and more efficient transportation system. We must make better use of the tools that are available, including intelligent transportation systems (ITS), to actively manage our transportation network to improve safety, efficiency, and multimodal connectivity. (5) Technology solutions are available today to help cities and States reduce congestion and emissions, make our roads and transit systems safer, and provide the public with improved access to transportation options and real-time information to make efficient travel decisions. (6) Transitioning to electric and other alternative fueled vehicles requires the integration of intelligent transportation systems with the Smart Grid and other energy distribution and charging systems. (7) ITS technologies are cost effective and quick to deploy, with solutions like synchronized and adaptive traffic signals yielding a $40 return in time and fuel savings for every $1 invested while also reducing carbon dioxide emissions up to 22 percent and travel delays by 25 percent. The Government Accountability Office found the benefit-cost ratio of a nationwide real-time traffic information system to be 25 to 1, with a $1,200,000,000 investment returning more than $30,000,000,000 in safety, mobility, and environmental benefits. The overall benefit-cost ratio of ITS-enabled operational improvements is estimated at 9 to 1, a significant return on investment when compared to the addition of new highway capacity which has an estimated benefit-to-cost ratio of 2.7 to 1. (8) An estimated 31 percent of traffic crashes could be prevented or have their impact reduced through the deployment of collision avoidance technologies, according to the Insurance Institute for Highway Safety. Moreover, the Department of Transportation estimates that a comprehensive vehicle-to- vehicle and vehicle-to-infrastructure communications network could potentially prevent or reduce the impact of 81 percent of all unimpaired vehicle crashes. For ITS technologies like vehicle-to-vehicle and vehicle-to-infrastructure communications, a national coordinated deployment structure is important for ensuring uniform standards and regulations that ensure interoperability and stability. (9) Transitioning to a more efficient, performance-based transportation network requires ITS technologies to provide accurate, real-time traffic and multimodal transportation system information necessary for measuring performance, as well as for actively managing the transportation network to optimize capacity and meet or exceed system performance goals. (10) Effective transportation financing mechanisms of today and tomorrow depend on ITS to be viable, including electronic toll collection, dynamic pricing, integrated payment systems for transit, tolls, parking and other services, and potential future alternatives such as variable mileage-based user fees. (11) Investing in ITS creates good jobs, with an average of 50 percent of ITS project spending going directly to wages and salaries as compared to 20 percent for new highway construction. Researchers from the London School of Economics and the Information Technology and Innovation Foundation (referred to in this section as ``ITIF'') have found that investing in ITS creates a network effect throughout the economy and stimulates job creation across multiple sectors, including green jobs, high-tech, automotive, information technology, consumer electronics, and related industries. In addition, investing in ITS provides a foundation for long-term benefits including government cost savings, economy-wide productivity, and an improved quality of life. (12) The lack of national investment in ITS has caused the Nation to fall behind other world innovation leaders. A 2010 ITIF report found that the United States is lagging behind Japan, South Korea, Singapore, and other leading Asian and European nations in the deployment of ITS technologies with countries like China beginning to invest heavily in the deployment of transportation technology. These countries have generated significant benefits for their citizens, economy, and environment by investing heavily in ITS solutions. In order to strengthen the Nation's economic competitiveness and quality of life, it is in the interest of the United States to encourage the accelerated development and deployment of intelligent transportation systems. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) Eligible entity.--The term ``eligible entity'' means a State or local government, including a territory of the United States, tribal government, transit agency, port authority, metropolitan planning organization, or other political subdivision of a State or local government or a multi-State or multi-jurisdictional group applying through a single lead applicant. (2) ITS.--The term ``ITS'' means intelligent transportation systems. (3) Multi-jurisdictional group.--The term ``multi- jurisdictional group'' means a combination of State governments, locals governments, metropolitan planning agencies, transit agencies, or other political subdivisions of a State that have signed a written agreement to implement the Smart Communities Technology Initiative across jurisdictional boundaries. Each member of the group, including the lead applicant, must be an eligible entity to receive a grant under this Act. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 4. SMART COMMUNITIES TECHNOLOGY INITIATIVE. (a) Establishment of Program.--Not later than 6 months after the date of enactment of this Act, the Secretary shall establish a Smart Communities Technology Initiative to provide grants to eligible entities to develop pilot programs to serve as model deployment sites for large scale installation and operation of ITS to improve safety, efficiency, system performance, and return on investment. The Secretary shall develop criteria for selection of an eligible entity to receive a grant, including how the deployment of technology will enable the recipient-- (1) to reduce costs and improve return on investments, including through the enhanced utilization of existing transportation capacity; (2) to deliver environmental benefits and reduce energy consumption by alleviating congestion and streamlining traffic flow; (3) to measure and improve the operational performance of its transportation network; (4) to reduce the number and severity of traffic collisions and increase driver, passenger, and pedestrian safety; (5) to collect, disseminate, and utilize real-time traffic, transit, parking, and other transportation-related information to improve mobility, reduce congestion, and provide for more efficient and accessible transportation alternatives; (6) to monitor transportation assets to improve infrastructure management, reduce maintenance costs, prioritize investment decisions, and ensure a state of good repair; and (7) to deliver economic benefits by reducing delays, improving system performance, and providing for the efficient and reliable movement of goods and services. (b) Request for Applications.--Not later than 6 months after the date of enactment of this Act, the Secretary shall request applications in accordance with section 5 for participation in the Smart Communities Technology Initiative. SEC. 5. GRANT PROGRAM. (a) Grant Application.--To be considered for a grant under this Act, an eligible entity shall submit an application to the Secretary that includes the following: (1) Deployment plan.--A plan to deploy and provide for the long-term operation and maintenance of intelligent transportation systems to improve safety, efficiency, system performance, and return on investment, such as-- (A) real-time integrated traffic, transit, and multimodal transportation information; (B) advanced traffic, freight, parking, and incident management systems; (C) collision avoidance systems; (D) advanced technologies to improve transit and commercial vehicle operations; (E) synchronized, adaptive, and transit preferential traffic signals; (F) advanced infrastructure condition assessment technologies; and (G) other technologies to improve system operations, including ITS applications necessary for multimodal systems integration and for achieving performance goals. (2) Objectives.--Quantifiable system performance improvements, including reducing traffic-related crashes, congestion, and costs, optimizing system efficiency, and improving access to transportation services. (3) Results.--Quantifiable safety, mobility, and environmental benefit projections including data driven estimates of how the project will improve the region's transportation system efficiency and reduce traffic congestion. (4) Partnerships.--A plan for partnering with the private sector, public agencies including multimodal and multijurisdictional entities, research institutions, organizations representing transportation and technology leaders, and other transportation stakeholders. (5) Leveraging.--A plan to leverage and optimize existing local and regional ITS investments. (6) Interoperability.--A plan to ensure interoperability of deployed technologies with other tolling, traffic management, and intelligent transportation systems. (b) Grant Selection.-- (1) Grant awards.--Not later than 1 year after the date of enactment of this Act, the Secretary shall award a grant to not more than 6 eligible entities with funds available for up to 5 fiscal years. (2) Geographic diversity.--In awarding a grant under this section, the Secretary shall ensure, to the extent practicable, that grant recipients represent diverse geographic areas of the United States, including urban, suburban, and rural areas. SEC. 6. USES OF FUNDS. A grant recipient may use funds authorized in this Act to deploy, operate, and maintain ITS and ITS-enabled operational strategies, including-- (1) advanced traveler information systems; (2) advanced transportation management technologies; (3) infrastructure maintenance, monitoring, and condition assessment; (4) advanced public transportation systems; (5) transportation system performance data collection, analysis, and dissemination systems; (6) advanced safety systems, including vehicle-to-vehicle and vehicle-to-infrastructure communications and other collision avoidance technologies; (7) integration of intelligent transportation systems with the Smart Grid and other energy distribution and charging systems; (8) electronic pricing and tolling systems; and (9) advanced mobility and access technologies, such as dynamic ridesharing and information systems to support human services for elderly and disabled Americans. SEC. 7. REPORTS. (a) Report to Secretary.--Not later than 1 year after an eligible entity receives a grant award under this Act and each year thereafter, each grant recipient shall submit a report to the Secretary that describes-- (1) deployment and operational cost compared to the benefits and savings from the pilot program and compared to other alternative approaches; and (2) how the project has met the original expectation as projected in the deployment plan submitted with the application, including-- (A) data on how the program has helped reduce traffic crashes, congestion, costs, and other benefits of the deployed systems; (B) data on the effect of measuring and improving transportation system performance through the deployment of advanced technologies; (C) the effectiveness of providing real-time integrated traffic, transit, and multimodal transportation information to the public to make informed travel decisions; and (D) lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance. (b) Report to Congress.--Not later than 2 years after grants have been allocated and each year thereafter, the Secretary shall submit a report to Congress that describes the effectiveness of grant recipients in meeting their projected deployment plan, including data on how the program has-- (1) reduced traffic-related fatalities and injuries; (2) reduced traffic congestion and improved travel time reliability; (3) reduced transportation-related emissions; (4) optimized multimodal system performance; (5) improved access to transportation alternatives; (6) provided the public with access to real-time integrated traffic, transit, and multimodal transportation information to make informed travel decisions; (7) provided cost savings to transportation agencies, businesses, and the traveling public; and (8) provided other benefits to transportation users and the general public. (c) Additional Grants.--If the Secretary determines from a grant recipient's reports that the recipient is not carrying out the requirements of the grant, the Secretary may cease to provide any additional grant funds to the recipient. The Secretary shall have the authority to redistribute remaining funds to select additional eligible entities for pilot programs under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Funding.-- (1) In general.--There are authorized to be appropriated out of the Highway Trust Fund to carry out this Act-- (A) $100,000,000 for fiscal year 2012; (B) $300,000,000 for fiscal year 2013; (C) $200,000,000 for fiscal year 2014; (D) $200,000,000 for fiscal year 2015; (E) $200,000,000 for fiscal year 2016; and (F) $200,000,000 for fiscal year 2017. (2) Contract authority.--Funds authorized under this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that such funds shall not be transferable, the obligation limitations shall not apply to such funds, and shall remain available until expended. (b) Grant Limitation.--The Secretary may not award more than 25 percent of the amount appropriated under this Act to a single grant recipient. (c) Expenses for Grant Recipients.--A grant recipient under this Act may use not more than 5 percent of the grant award each fiscal year to carry out planning and reporting requirements. (d) Expenses for Secretary.--Before awarding grant funds under this Act, the Secretary may set aside $3,000,000 each fiscal year for program reporting, evaluation, and administrative costs.

Smart Technologies for Communities Act - Directs the Secretary of Transportation (DOT) to establish the Smart Communities Technology Initiative to provide grants to eligible entities to develop pilot programs to serve as model deployment sites for large scale installation and operation of intelligent transportation systems (ITS) to improve safety, efficiency, system performance, and return on investment.

To improve transportation safety, efficiency, and system performance through innovative technology deployment and operations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``China Free Enterprise Act of 2001''. SEC. 2. FINDINGS. Congress find that-- (1) an increased number of privatized enterprises and start-up private enterprises in the People's Republic of China will serve the interests and quality of life of the people of the People's Republic of China, given the greater economic growth potential of market-oriented development; (2) a limitation on access to United States capital markets by Chinese state-owned enterprises will indicate a United States preference for economic transactions with and investment in privatized enterprises, rather than state-owned enterprises, and therefore establish an incentive for the Government of the People's Republic of China to accelerate privatization efforts; (3) resources given to state-owned enterprises effectively empower the repressive apparatus of an autocratic government in the People's Republic of China to perpetuate human and labor rights abuses, the subjugation of Tibet, the despoiling of the environment, and suppression of religious freedoms; (4) investments made available to state-owned enterprises affiliated with the complex of military and technology industries in the People's Republic of China would be particularly inimical to United States interests, given China's military buildup directed against the United States, Chinese military policies in the Taiwan Strait and South China Sea, and arms proliferation efforts destabilizing to the democracies of the Asia-Pacific region and the already volatile Persian Gulf region; (5) state-owned enterprises of the People's Republic of China which have raised funds in the United States capital markets have failed to engage in adequate disclosure to United States investors concerning where these enterprises (as well as their subsidiaries, parent companies, or other affiliates) are doing business in the world, and with whom; (6) the state-owned Petrochina energy enterprise in the People's Republic of China has offered its securities in the United States without disclosing that investors' funds would be directly or indirectly subsidizing operations in Sudan on the part of its parent company, China National Petroleum Company, effectively underwriting the systematic religious persecution and heinous human rights abuses of the Government of Sudan; (7) a second state-owned enterprise of the People's Republic of China, China Petroleum and Chemical Company or ``Sinopec'', has offered securities in the United States without disclosing its recent, and possibly ongoing, investment activity in Sudan or its negotiations to conclude contracts in Iran's energy sector, in violation of the Iran-Libya Sanctions Act of 1993; (8) a limitation on access to United States capital markets by Chinese state-owned enterprises will not have a deleterious effect on United States businesses, consumers, or workers as trade sanctions may have; (9) a limitation on access to United States capital markets by Chinese state-owned enterprises will do no appreciable harm to United States investors or the free flow of capital into and out of the United States; (10) a limitation on access to United States capital markets by Chinese state-owned enterprises will do no appreciable harm to the people of the People's Republic of China, whose welfare and individual liberties it should be the United States policy to enhance; and (11) a limitation on access to United States capital markets by Chinese state-owned enterprises does not violate the terms of permanent normal trade relations status granted by the United States to the People's Republic of China, nor the General Agreement on Tariffs and Trade. SEC. 3. BAN ON SECURITIES MARKET ACCESS. Notwithstanding any provision of the securities laws or any other provision of law, no security issued by, or other interest or participation in, a state-owned enterprise may be-- (1) listed, or authorized for listing, on the New York Stock Exchange or the American Stock Exchange, or listed, or authorized for listing, on the National Market System of the Nasdaq Stock Market (or any successor to such entities); or (2) otherwise listed, or authorized for listing, on a national securities exchange (or tier or segment thereof) or by a registered securities association. SEC. 4. DEFINITIONS. As used in this Act-- (1) the term ``registered securities association'' means a securities association registered under section 15A of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3); (2) the terms ``securities laws'' and ``security'' have the same meanings as in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); and (3) the term ``state-owned enterprise'' means any entity, not less than 50 percent of the assets of which are owned by any agency or instrumentality of the Government of the People's Republic of China (including any agency or instrumentality thereof), either directly or through a subsidiary, parent company, or other affiliate, including those located in Hong Kong or elsewhere.

China Free Enterprise Act of 2001 - Prohibits any security issued by, or other interest or participation in, a Chinese Government state-owned enterprise from being listed (or authorized for listing) on the New York Stock Exchange or the American Stock Exchange, the National Market System of the Nasdaq Stock Market, or on a national securities exchange (or tier or segment thereof) or by a registered securities association.

A bill to bar access to United States capital markets to enterprises owned or controlled by the People's Republic of China, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Immediate Benefits for Wounded Warriors Act of 2007''. SEC. 2. ASSIGNMENT OF TEMPORARY DISABILITY RATING TO CERTAIN MEMBERS OF THE ARMED FORCES FOR PURPOSES OF LAWS ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS. (a) In General.--For purposes of the laws administered by the Secretary of Veterans Affairs, at the request of an eligible member of the Armed Forces, the Secretary shall assign to that member a temporary disability rating of 30 percent upon the date of such member's separation from the Armed Forces, or in the case of an eligible member of the Armed Forces who has received a medical diagnosis of post traumatic stress disorder or traumatic brain injury, upon receipt of such diagnosis. (b) Assignment of Permanent Disability Rating.--Upon the assignment of a permanent disability rating to an eligible member of the Armed Forces who has received a temporary disability rating under subsection (a)-- (1) if such permanent disability rating is more than 30 percent, for each month that the member received a disability compensation payment under chapter 11 of title 38, United States Code, the Secretary of Veterans Affairs shall make a payment to the member in an amount equal to the difference between the amount the member actually received for that month and the amount the member would have received if the member had been assigned the member's permanent disability rating; and (2) if such permanent disability rating is less than 30 percent, the member shall not be required to make any payment to the Secretary for any benefit provided during the period of time for which the member was assigned the temporary disability rating. (c) Relation to Severance and Separation Pay.--A payment of disability compensation received by an eligible member of the Armed Forces who receives a temporary disability rating under subsection (a) is not subject to offset even though the member also receives separation pay under section 1174 of title 10, United States Code, or disability severance pay under section 1212 of such title. (d) Eligible Member of the Armed Forces.--For purposes of this Act, an eligible member of the Armed Forces is a member of the Armed Forces who-- (1) served on active duty in support of Operation Iraqi Freedom or Operation Enduring Freedom; (2) has not received a disability rating from the Secretary of Veterans Affairs for the disability for which the member requests a temporary disability rating; (3) is not authorized for pre-stabilization benefits under 38 C.F.R. 4.28; (4) has submitted to the Secretary of Veterans Affairs a claim for disability compensation under laws administered by the Secretary of Veterans Affairs for the disability for which the member requests the temporary disability rating but has not received such compensation; and (5) is separated from the Armed Forces-- (A) pursuant to section 1201 of title 10, United States Code; or (B) under conditions other than dishonorable and has-- (i) been determined by the Secretary of Defense to have a disability with a rating of at least 10 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination; or (ii) received a medical diagnosis of post traumatic stress disorder or traumatic brain injury. (e) Responsibilities of Secretary of Defense.--The Secretary of Defense shall-- (1) not later than 30 days before the date on which the Secretary anticipates that an eligible member of the Armed Forces will separate from the Armed Forces, notify the Secretary of Veterans Affairs of that date; and (2) before the date on which the Secretary anticipates that an eligible member of the Armed Forces will separate from the Armed Forces, transmit to the Secretary of Veterans Affairs the medical and service records of that member. (f) Treatment of Anticipated Separation Date.--For purposes of providing benefits under the laws administered by the Secretary of Veterans Affairs, the Secretary may use the anticipated date of separation provided to the Secretary under subsection (e)(1). (g) PTSD and TBI Registry.--The Secretary of Veterans Affairs shall establish a post traumatic stress disorder and traumatic brain injury registry and shall include in the registry all eligible members of the Armed Forces who request a temporary disability rating under this section who have been diagnosed with post traumatic stress disorder or traumatic brain injury. (h) Termination.--The authority of the Secretary of Veterans Affairs to assign a temporary disability rating under this section shall expire on the date that is five years after the date of the enactment of this Act.

Immediate Benefits for Wounded Warriors Act of 2007 - Directs the Secretary of Veterans Affairs, for purposes of the laws administered by the Secretary and at the request of an eligible member of the Armed Forces who has served on active duty in support of Operation Iraqi Freedom or Operation Enduring Freedom, to assign to that member a 30% temporary disability rating upon such member's separation from the Armed Forces, or in the case of an eligible member who has received a medical diagnosis of post traumatic stress disorder or traumatic brain injury, upon receipt of such diagnosis. States that upon assignment of a permanent disability rating to a member who has received such temporary rating: (1) if the permanent rating exceeds 30% payments shall be made for such "temporary rating months" to equal the payments under the higher permanent rating; and (2) if the permanent rating is less than 30% the member shall not be required to repay such amounts. States that disability compensation payments received by a member who receives such temporary disability rating are not subject to offset even though the member also receives separation or disability severance pay.

To direct the Secretary of Veterans Affairs to assign a temporary disability rating to certain members of the Armed Forces upon separation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Freedom and Support Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The people of the United States have long demonstrated an interest in the well-being of the people of Iran, including through the work of missionaries whose work in Iran dates back to the 1830s. (2) Famous Americans such as Howard Baskerville, Dr. Samuel Martin, Jane E. Doolittle, and Louis G. Dreyfus, Jr., made significant contributions to Iranian society by furthering the educational opportunities of the people of Iran and improving the opportunities of the less fortunate citizens of Iran. (3) Iran served as a key ally of the United States following World War II and through the late 1970s serving as an important regional ally and a key bulwark against Soviet influence. (4) In November 1979, following the arrival of Mohammed Reza Shah Pahlavi in the United States, a mob of students and extremists seized the United States Embassy in Tehran, Iran, holding United States diplomatic personnel hostage until January 1981. (5) Following the seizure of the United States Embassy, Ayatollah Ruhollah Khomeini, leader of the repressive revolutionary movement in Iran, expressed support for the actions of the students in taking American citizens hostage. (6) Despite the historic victory of Mohammad Khatami in the presidential election of May 1997, an election which Khatami won with 69 percent of the vote and in which an estimated 91 percent of the electorate participated, control of the internal and external affairs of the Islamic Republic of Iran is still exercised by the courts in Iran and the Revolutionary Guards, Supreme Leader, and Council of Guardians of the Government of Iran. (7) The election results of the May 1997 election and the high level of voter participation in that election demonstrate that the people of Iran favor economic and political reforms and greater interaction with the United States and the Western world in general. (8) Despite the election of President Khatami and the outreach of the Clinton administration to ease sanctions and to promote people-to-people exchanges, Leader of the Islamic Revolution Ayatollah Ali Khamenei, the Militant Clerics' Society, the Islamic Coalition Organization, and Supporters of the Party of God have all opposed efforts to open Iranian society to Western influences and have opposed efforts to change the dynamic of relations between the United States and Iran. (9) For the past two decades, the Department of State has found Iran to be the leading sponsor of international terrorism in the world. (10) In 1983, the Iran-sponsored Hezbollah terrorist organization conducted suicide terrorist operations against United States military and civilian personnel in Beirut, Lebanon, resulting in the deaths of hundreds of Americans. (11) Intelligence analysts and law enforcement personnel have linked Iran to attacks against American military personnel at Khobar Towers in Saudi Arabia in 1996 and to al Qaeda attacks against civilians in Saudi Arabia in 2004. (12) Iran has provided a safe haven and a base of operations for terrorist groups, including al Qaeda, Islamic Jihad, and Ansar al Islam, and to terrorist leaders, including Abu Musab al Zarkawi, Zayman al Zawahiri, and members of the bin Laden family. (13) Iran currently operates more than 10 radio and television stations broadcasting in Iraq that support violent actions against United States and coalition personnel in Iraq. (14) The current leaders of Iran, Ayatollah Ali Khamenei and Hashemi Rafsanjani, have repeatedly called upon Muslims to kill Americans in Iraq and install a theocratic regime in Iraq. (15) The United States intelligence community believes the Government of Iran is pursuing a clandestine nuclear weapons program. (16) The Government of Iran has failed to meet repeated pledges to arrest and extradite foreign terrorists in Iran. (17) The United States Government believes that the Government of Iran supports terrorists and extremist religious leaders in Iraq with the clear intention of subverting coalition efforts to bring peace and democracy to Iraq. (18) The Ministry of Defense of Iran confirmed in July 2003 that it had successfully conducted the final test of the Shahab-3 missile, giving Iran an operational intermediate-range ballistic missile capable of striking both Israel and United States troops throughout the Middle East and Afghanistan. SEC. 3. SENSE OF CONGRESS ON UNITED STATES POLICY TOWARD IRAN. It is the sense of Congress that it should be the policy of the United States to support regime change for the Islamic Republic of Iran and to promote the transition to a democratic government to replace that regime. SEC. 4. ASSISTANCE TO SUPPORT TRANSITION TO DEMOCRACY IN IRAN. (a) In General.--The President is authorized to provide assistance to foreign and domestic pro-democracy groups opposed to the non- democratic Government of Iran, including the award of grants to qualified pro-democracy radio and television broadcasting organizations. (b) Eligibility for Assistance.--Financial assistance may only be provided under this section to individuals, organizations, or entities that have-- (1) officially renounced the use of terrorism; (2) pledged to adhere to nonproliferation regimes for nuclear, chemical, and biological weapons and materiel; (3) pledged to support the destruction of all prohibited stockpiles of weapons of mass destruction in Iran; and (4) supported the adoption of a democratic form of government in Iran. (c) Political Assistance.-- (1) In general.--The President is authorized to provide assistance to support foreign and domestic pro-democracy groups opposed to the non-democratic Government of Iran that-- (A) are dedicated to democratic values; (B) show a commitment to human rights, equality of women, and freedom of religious worship; (C) demonstrate a commitment to fostering equality of opportunity; and (D) support freedom of the press, freedom of speech, and freedom of association. (2) Funding.--The President may provide assistance under paragraph (1) using-- (A) funds available to the Middle East Partnership Initiative (MEPI) and National Endowment for Democracy (NED); and (B) amounts authorized to be appropriated under subsection (g). (d) Notification Requirement.--The President shall notify the Committees on Foreign Relations and Appropriations of the Senate and the Committees on International Relations and Appropriations of the House of Representatives at least 15 days in advance of each obligation of assistance under this section in accordance with the procedures under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-l). (e) Coordination of Policy.--In order to ensure maximum coordination among Federal agencies, the President shall appoint a senior member of the National Security Council as special assistant to the President on Iran matters. (f) Sense of Congress on Diplomatic Assistance.--It is the sense of Congress that-- (1) contacts should be expanded with opposition groups in Iran that meet the criteria under subsection (b); (2) support for transition to democracy in Iran should be expressed by United States representatives and officials in all appropriate international fora; (3) official meetings with representatives of the Government of Iran should be terminated; (4) efforts to bring a halt to the nuclear weapons program of Iran, including steps to end the supply of nuclear components or fuel to Iran, should be intensified, with particular attention focused on the cooperation of the Government of Russia with that nuclear weapons program; and (5) officials and representatives of the United States Government should strongly and unequivocally support indigenous efforts in Iran to call for a national referendum on the form of government in Iran, including drawing international attention to the violations by the Government of Iran of human rights, freedom of religion, freedom of assembly, and freedom of the press. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Department of State $10,000,000 to carry out activities under this section. SEC. 5. DESIGNATION OF DEMOCRATIC OPPOSITION ORGANIZATIONS. (a) Initial Designation.--It is the sense of Congress that, not later than 90 days after the date of the enactment of this Act, the President should designate at least one democratic opposition organization as eligible to receive assistance under section 4. (b) Notification Requirement.--At least 15 days before designating a democratic opposition organization as eligible to receive assistance under section 4, the President shall notify the Committees on Foreign Relations and Appropriations of the Senate and the Committees on International Relations and Appropriations of the House of Representatives of the proposed designation. SEC. 6. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to authorize or otherwise approve of the use of the Armed Forces of the United States in carrying out activities under this Act.

Iran Freedom and Support Act of 2004 - Expresses the sense of Congress that: (1) it should be U.S. policy to support regime change for the Islamic Republic of Iran and to promote the transition to a democratic government; (2) contacts with democratic Iranian opposition groups that have pledged to adhere to nonproliferation should be expanded, and official meetings with representatives of the Iranian Government should be terminated; and (3) the President should designate at least one democratic opposition group eligible for assistance within 90 days of enactment of this Act. Authorizes the President to provide assistance to foreign and domestic pro-democracy groups opposed to the Government of Iran, including the award of grants to qualified pro-democracy radio and television broadcasting organizations. Requires presidential notification to specified congressional committees prior to any such obligation of assistance.

A bill to establish a program to support a transition to democracy in Iran.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Health Protection Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the Bureau of the Census, 8,100,000 children and young adults are uninsured at some point during the year. Young adults between the ages of 18 and 25 years old make up 21 percent of the total uninsured population. (2) According to a recent study, approximately 20 percent of school-aged children suffer from a chronic illness. (3) Thirteen States have passed legislation that increased the age of dependency for young adults for purposes of private insurance coverage to age 25. (4) When a child or young adult has a 63-day gap in insurance coverage, pre-existing condition exclusions, such as coverage limits or waiting periods, can be applied when the child or young adult becomes insured under a new health insurance policy. (5) Eliminating pre-existing condition exclusions for children is a vital safeguard to ensure all children have access to health care when in need. (6) High-risk pools were created to help individuals with pre-existing conditions purchase insurance with the assistance of government subsidies. However, State high-risk pools are often underfunded, unaffordable for patients, have long waiting lists and impose pre-existing condition waiting periods once enrolled. (7) Pre-existing condition limitation periods for children in the private market discourage families from moving off Medicaid or the Children's Health Insurance Program. SEC. 3. PROHIBITION OF PRE-EXISTING CONDITION EXCLUSIONS FOR CHILDREN UNDER GROUP HEALTH PLANS. (a) Amendments to the Employee Retirement Income Security Act of 1974.--Section 701(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(d)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) Exclusion not applicable to children.--A group health plan, and a health insurance issuer offering group health insurance coverage, may not impose any pre-existing condition exclusion in the case of an individual who has not attained 25 years of age.''; (2) by striking paragraphs (2) and (4); and (3) by redesignating paragraph (3) as paragraph (2). (b) Amendments to the Public Health Service Act.--Section 2701(d) of the Public Health Service Act (42 U.S.C. 300gg(d)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) Exclusion not applicable to children.--A group health plan, and a health insurance issuer offering group health insurance coverage, may not impose any pre-existing condition exclusion in the case of an individual who has not attained 25 years of age.''; (2) by striking paragraphs (2) and (4); and (3) by redesignating paragraph (3) as paragraph (2). (c) Amendments to the Internal Revenue Code of 1986.--Subsection (d) of section 9801 of the Internal Revenue Code of 1986 (relating to exceptions) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) Exclusion not applicable to children.--A group health plan may not impose any pre-existing condition exclusion in the case of an individual who has not attained 25 years of age.''; (2) by striking paragraphs (2) and (4); and (3) by redesignating paragraph (3) as paragraph (2). (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to group health plans for plan years beginning after the end of the 12th calendar month following the date of the enactment of this Act. (2) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of-- (A) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act); or (B) the date that is after the end of the 12th calendar month following the date of enactment of this Act. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by the amendments made by this section shall not be treated as a termination of such collective bargaining agreement. SEC. 4. PROHIBITION OF PRE-EXISTING CONDITION EXCLUSIONS FOR CHILDREN IN HEALTH INSURANCE COVERAGE IN THE INDIVIDUAL MARKET. (a) In General.--Section 2741 of the Public Health Service Act (42 U.S.C. 300gg-41) is amended-- (1) by redesignating the second subsection (e) (relating to market requirements) and subsection (f) as subsections (f) and (g), respectively; and (2) by adding at the end the following new subsection: ``(h) Prohibition of Pre-Existing Condition Exclusions for Children.--Each health insurance issuer that offers health insurance coverage in the individual market may not impose any pre-existing condition exclusion (as defined in section 2701(b)(1)(A)) in the case of an individual who has not attained 25 years of age.''. (b) Conforming Amendment.--Section 2744(a)(1) of such Act (42 U.S.C. 300gg-44(a)(1)) is amended by inserting ``(other than subsection (h))'' after ``section 2741''. (c) Effective Date.--The amendments made by this section shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market after the end of the 12th calendar month following the date of the enactment of this Act.

Children's Health Protection Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit a group health plan from imposing any preexisting condition exclusion for individuals who have not attained 25 years of age. Applies such requirement to coverage offered in the individual market.

To amend title I of the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to prohibit preexisting condition exclusions for children in group health plans and health insurance coverage in the group and individual markets.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Health Protection and Eligibility Act of 2002''. SEC. 2. RETENTION AND REDISTRIBUTION OF SCHIP ALLOTMENTS FOR FISCAL YEARS 1998 THROUGH 2000. (a) Extension of Availability of Fiscal Years 1998 and 1999 Allotments.--Section 2104(g) of the Social Security Act (42 U.S.C. 1397dd(g)) is amended-- (1) in paragraph (1)(B)(ii), by striking ``2002'' and inserting ``2003''; (2) in paragraph (2)(A)(i), by striking ``2002'' and inserting ``2003''; and (3) in paragraph (2)(A)(ii), by striking ``2002'' and inserting ``2003''. (b) Application and Modification of BIPA Rule for Redistribution and Extended Availability to Allotments for Fiscal Year 2000.--Section 2104(g) of the Social Security Act (42 U.S.C. 1397dd(g)), as amended by subsection (a), is amended-- (1) in the subsection heading, by striking ``and 1999'' and inserting ``, 1999, and 2000''; (2) in paragraph (1)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i)-- (I) by inserting ``or for fiscal year 2000 by the end of fiscal year 2002,'' after ``2001,''; and (II) by striking ``1998 or 1999'' and inserting ``1998, 1999, or 2000''; (ii) in clause (i)-- (I) in subclause (I), by striking ``or'' at the end; (II) in subclause (II), by striking the period and inserting ``; or''; and (III) by adding at the end the following: ``(III) the fiscal year 2000 allotment, the amount by which the State's expenditures under this title in fiscal years 2000, 2001, and 2002 exceed the State's allotment for fiscal year 2000 under subsection (b).''; and (iii) in clause (ii), by striking ``1998 or 1999'' and inserting ``1998, 1999, or 2000''; and (B) in subparagraph (B), in the matter preceding clause (i), by striking ``1998 or 1999'' and inserting ``1998, 1999, or 2000''; (3) in paragraph (2)-- (A) in the paragraph heading, by striking ``1998 and 1999'' and inserting ``1998, 1999, and 2000''; and (B) in subparagraph (A), by adding at the end the following: ``(iii) Fiscal year 2000 allotment.-- ``(I) In general.--Except as provided in subclause (II), of the amounts allotted to a State pursuant to this section for fiscal year 2000 that were not expended by the State by the end of fiscal year 2002, the amount specified in subparagraph (B) for fiscal year 2000 for such State shall remain available for expenditure by the State through the end of fiscal year 2003. ``(II) States with high unemployment.--In the case of a State for which the average rate of unemployment in the State for any consecutive 2 months of 2002 exceeds 6 percent, as determined by the Secretary of Labor, the total amount allotted to the State pursuant to this section for fiscal year 2000 that was not expended by the State by the end of fiscal year 2002 shall remain available for expenditure by the State through the end of fiscal year 2003 and shall not be subject to redistribution under paragraph (1).''; and (4) in paragraph (3)-- (A) by striking ``or fiscal year 1999'' and inserting ``, fiscal year 1999, or fiscal year 2000''; and (B) by striking ``or November 30, 2001,'' and inserting ``, November 30, 2001, or November 30, 2002,''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 801 of Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-578), as enacted into law by section 1(a)(6) of Public Law 106-554. SEC. 3. AUTHORITY FOR QUALIFYING STATES TO USE SCHIP FUNDS FOR MEDICAID EXPENDITURES. (a) Authority for Qualifying States To Use Portion of SCHIP Funds for Medicaid Expenditures.--Section 2105 of the Social Security Act (42 U.S.C. 1397ee) is amended by adding at the end the following: ``(g) Authority for Qualifying States To Use Certain Funds for Medicaid Expenditures.-- ``(1) State option.-- ``(A) In general.--Notwithstanding any other provision of law, with respect to fiscal year 2003, a qualifying State (as defined in paragraph (2)) may elect to use any or all of the aggregate amount of funds available to the State under this title from allotments made to the State (or redistributed to the State) for fiscal years 1998 through 2000, plus an amount equal to 10 percent of allotments made to the State for each of fiscal years 2001 through 2003, for payments for such fiscal years under title XIX in accordance with subparagraph (B). ``(B) Payments to states.-- ``(i) In general.--In the case of a qualifying State that has elected the option described in subparagraph (A), subject to the total amount of funds described with respect to the State in subparagraph (A), the Secretary shall pay the State an amount each quarter equal to the additional amount that would have been paid to the State under title XIX for expenditures of the State for the fiscal year described in clause (ii) if the enhanced FMAP (as determined under subsection (b)) had been substituted for the Federal medical assistance percentage (as defined in section 1905(b)) of such expenditures. ``(ii) Expenditures described.--For purposes of clause (i), the expenditures described in this clause are expenditures for the fiscal year for providing medical assistance under title XIX to individuals who have not attained age 19 or who are pregnant women. ``(C) Additional payments permitted for certain states.-- ``(i) In general.--With respect to fiscal year 2004 and each fiscal year thereafter, a qualifying State that also has a State child health plan that (whether implemented under title XIX or this title) has the highest income eligibility standard permitted under this title as of January 1, 2001, may elect to have the Secretary pay the State from the allotment for the State for such fiscal year under subsection (b) or (c) of section 2104, an amount each quarter equal to the additional amount that would have been paid to the State under title XIX for expenditures of the State for the fiscal year described in clause (ii) if the enhanced FMAP (as determined under subsection (b)) had been substituted for the Federal medical assistance percentage (as defined in section 1905(b)) of such expenditures. ``(ii) Expenditures described.--For purposes of clause (i), the expenditures described in this clause are expenditures for the fiscal year for providing medical assistance under title XIX to individuals who have not attained age 19 and whose family income exceeds the minimum income eligibility level the State is required to establish under section 1902(l) but does not exceed 200 percent of the poverty line. ``(2) Qualifying state.--In this subsection, the term `qualifying State' means a State that satisfies the following: ``(A) No reduction in medicaid or schip income eligibility.--Since January 1, 2001, the State has not reduced the income, assets, or resource requirements for eligibility for medical assistance under title XIX or for child health assistance under this title. ``(B) No waiting list imposed.--The State does not impose any numerical limitation, waiting list, or similar limitation on the eligibility of children for medical assistance under title XIX or child health assistance under this title and does not limit the acceptance of applications for such assistance. ``(C) Provides assistance to all children who apply and qualify.--The State provides medical assistance under title XIX or child health assistance under this title to all children in the State who apply for and meet the eligibility standards for such assistance. ``(D) Protection against inability to pay premiums or copayments.--The State ensures that no child loses coverage under title XIX or this title, or is denied needed care, as a result of the child's parents' inability to pay any premiums or cost-sharing required under such title. ``(E) Additional requirements.--The State has implemented the following policies and procedures (relating to coverage of children under title XIX and this title): ``(i) Simplified application form.--With respect to children who are eligible for medical assistance under title XIX, the State uses the same simplified application form (including, if applicable, permitting application other than in person) for purposes of establishing eligibility for assistance under title XIX and this title. ``(ii) Elimination of asset test.--The State does not apply any asset test for eligibility under title XIX or this title with respect to children. ``(iii) Adoption of 12-month continuous enrollment.--The State provides that eligibility shall not be regularly redetermined more often than once every year under this title or for children eligible for medical assistance under title XIX.''. (b) Effective Date.--The amendment made by this section shall take effect as if enacted on October 1, 2002.

Children's Health Protection and Eligibility Act of 2002 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to: (1) provide for the retention and redistribution through FY 2003 of SCHIP allotments for FY 1998 through 2000; and (2) authorize qualifying States to use SCHIP funds for Medicaid expenditures.

A bill to amend title XXI of the Social Security Act to extend the availability of allotments to States for fiscal years 1998 through 2000, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Information Technology Act of 2000''. SEC. 2. DEFINITIONS. In this Act: (1) Certified commercial information technology training provider.--The term ``certified commercial information technology training provider'' means a private sector provider of educational products and services utilized for training in information technology that is certified with respect to-- (A) the curriculum that is used for the training; or (B) the technical knowledge of the instructors of such provider, by 1 or more software publishers or hardware manufacturers the products of which are a subject of the training. (2) Dislocated worker.--The term ``dislocated worker'' has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). (3) Information technology certification.--The term ``information technology certification'' means certification in information technology, in accordance with such standards as-- (A)(i) the Computing Technology Industry Association, the Information Technology Training Association, the International Society for Technology in Education, or another information technology professional association may issue, after consultation with chief education officers of States, State boards and entities that certify or license teachers, and other entities impacted by the standards; or (ii) a State board or entity that certifies or licenses teachers may issue, after consultation with chief education officers of States, and other entities impacted by the standards; and (B) the Secretaries may approve. (4) Information technology training program.--The term ``information technology training program'' means a program for the training of-- (A) computer programmers, systems analysts, and computer scientists or engineers (as such occupations are defined by the Bureau of Labor Statistics); and (B) persons for such other occupations as are determined to be appropriate by the Secretaries, after consultation with a working group broadly solicited by the Secretaries and open to all interested information technology entities and trade and professional associations. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (6) Native american.--The term ``Native American'' means an Indian or a Native Hawaiian, as defined in section 166(a) of the Workforce Investment Act of 1998 (29 U.S.C. 2911(a)). (7) Secretaries.--The term ``Secretaries'' means the Secretary of Education and the Secretary of Labor, acting jointly. (8) Veteran.--The term ``veteran'' has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). SEC. 3. INFORMATION TECHNOLOGY TRAINING PROGRAM GRANTS. (a) In General.--The Secretaries may make grants to eligible partnerships to pay for the Federal share of the cost of establishing and carrying out information technology training programs for minorities, women, older individuals, veterans, Native Americans, dislocated workers, and former participants in information technology training programs who have not received information technology certification. (b) Partnerships.--To be eligible to receive a grant under subsection (a), a partnership shall consist of-- (1) an institution of higher education; and (2) a private organization, such as a certified commercial information technology training provider or an information technology trade or professional association. (c) Application.--To be eligible to receive a grant under subsection (a), a partnership shall submit an application to the Secretaries at such time, in such manner, and containing such information as the Secretaries may require. (d) Federal Share.-- (1) In general.--The Federal share of the cost described in subsection (a) shall be 50 percent. (2) Non-federal share.--The non-Federal share of the cost shall be provided in cash or in kind, fairly evaluated, including plant, equipment, or services. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $100,000,000 for fiscal year 2001 and such sums as may be necessary for each subsequent fiscal year. SEC. 4. BONUS GRANTS FOR INFORMATION TECHNOLOGY CERTIFICATION. (a) In General.--The Secretary of Education may make grants to appropriate organizations, to assist the organizations in awarding bonuses to teachers who achieve information technology certification. (b) Amount.--Subject to the availability of appropriations under subsection (d), the Secretary of Education shall award a grant to an organization under subsection (a) in an amount not greater than the product of $5,000 and the number of teachers described in subsection (c)(2). (c) Application.-- (1) In general.--To be eligible to receive a grant under this section, a local educational agency shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may require. (2) Contents.--At a minimum, the application shall contain information describing the number of teachers that-- (A) have achieved information technology certification, including such certification for integrating information technology into the classroom and a curriculum; (B) have not previously received awards under this section; and (C) have entered into agreements with the agency to continue to teach for the agency for periods of not less than 3 years, after receiving bonuses under this section. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2001 through 2005.

Authorizes the Secretary of Education to make grants to appropriate organizations for awarding bonuses to teachers who achieve information technology certification. Authorizes appropriations for FY 2001 through 2005.

Information Technology Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commercial Vessel Discharges Reform Act of 2013''. SEC. 2. DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF A COVERED VESSEL. (a) Discharges Incidental to the Normal Operation of a Covered Vessel.-- (1) No permit required.--Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(s) Discharges Incidental to the Normal Operation of a Covered Vessel.--No permit shall be required under this Act by the Administrator (or a State, in the case of a permit program approved under subsection (b)) for a discharge incidental to the normal operation of a covered vessel (as defined in section 312(p)).''. (2) Best management practices for covered vessels.--Section 312 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(p) Best Management Practices for Covered Vessels.-- ``(1) Definitions.--In this subsection, the following definitions apply: ``(A) Covered vessel.--The term `covered vessel' means every description of watercraft, or other artificial contrivance used or capable of being used as a means of transportation on water, that is engaged in commercial service (as defined under section 2101 of title 46, United States Code), and-- ``(i) is less than 79 feet in length; or ``(ii) is a fishing vessel (as defined in section 2101 of title 46, United States Code), regardless of length of the vessel. ``(B) Discharge incidental to the normal operation of a covered vessel.-- ``(i) In general.--The term `discharge incidental to the normal operation of a covered vessel' means-- ``(I) a discharge into navigable waters from a covered vessel of-- ``(aa)(AA) graywater (except graywater referred to in section 312(a)(6)), bilge water, cooling water, oil water separator effluent, anti- fouling hull coating leachate, boiler or economizer blowdown, byproducts from cathodic protection, controllable pitch propeller and thruster hydraulic fluid, distillation and reverse osmosis brine, elevator pit effluent, firemain system effluent, freshwater layup effluent, gas turbine wash water, motor gasoline and compensating effluent, refrigeration and air condensate effluent, seawater pumping biofouling prevention substances, boat engine wet exhaust, sonar dome effluent, exhaust gas scrubber washwater, or stern tube packing gland effluent; or ``(BB) any other pollutant associated with the operation of a marine propulsion system, shipboard maneuvering system, habitability system, or installed major equipment, or from a protective, preservative, or absorptive application to the hull of a covered vessel; ``(bb) weather deck runoff, deck wash, aqueous film forming foam effluent, chain locker effluent, non-oily machinery wastewater, underwater ship husbandry effluent, welldeck effluent, or fish hold and fish hold cleaning effluent; or ``(cc) any effluent from a properly functioning marine engine; or ``(II) a discharge of a pollutant into navigable waters in connection with the testing, maintenance, and repair of a system, equipment, or an engine described in item (aa)(BB) or (cc) of subclause (I) whenever the covered vessel is waterborne. ``(ii) Exclusion.--The term `discharge incidental to the normal operation of a covered vessel' does not include-- ``(I) a discharge into navigable waters from a covered vessel of-- ``(aa) ballast water; ``(bb) rubbish, trash, garbage, incinerator ash, or other such material discharged overboard; ``(cc) oil or a hazardous substance within the meaning of section 311; or ``(dd) sewage within the meaning of section 312; ``(II) an emission of an air pollutant resulting from the operation onboard a covered vessel of a vessel propulsion system, motor driven equipment, or incinerator; or ``(III) a discharge into navigable waters from a covered vessel when the covered vessel is operating in a capacity other than as a means of transportation on water. ``(2) Determination of discharges subject to best management practices.-- ``(A) Determination.-- ``(i) In general.--The Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, shall determine the discharges incidental to the normal operation of a covered vessel for which it is reasonable and practicable to develop best management practices to mitigate the adverse impacts of such discharges on the waters of the United States. ``(ii) Promulgation.--The Administrator shall promulgate the determinations under clause (i) in accordance with section 553 of title 5, United States Code. ``(B) Considerations.--In making a determination under subparagraph (A), the Administrator shall consider-- ``(i) the nature of the discharge; ``(ii) the environmental effects of the discharge, including characteristics of the receiving waters; ``(iii) the effectiveness of the best management practice in reducing adverse impacts of the discharge on water quality; ``(iv) the practicability of developing and using a best management practice; ``(v) the effect that the use of a best management practice would have on the operation, operational capability, or safety of the vessel; ``(vi) applicable Federal and State law; ``(vii) applicable international standards; and ``(viii) the economic costs of the use of the best management practice. ``(C) Timing.--The Administrator shall-- ``(i) make initial determinations under subparagraph (A) not later than 1 year after the date of enactment of this subsection; and ``(ii) every 5 years thereafter-- ``(I) review the determinations; and ``(II) if necessary, revise the determinations based on any new information available to the Administrator. ``(3) Regulations for the use of best management practices.-- ``(A) In general.--The Secretary of the department in which the Coast Guard is operating, in consultation with the Administrator, shall promulgate regulations on the use of best management practices for discharges incidental to the normal operation of a covered vessel that the Administrator determines are reasonable and practicable to develop under paragraph (2). ``(B) Regulations.-- ``(i) In general.--The Secretary shall promulgate the regulations under this paragraph as soon as practicable after the Administrator makes determinations pursuant to paragraph (2). ``(ii) Considerations.--In promulgating regulations under this paragraph, the Secretary may-- ``(I) distinguish among classes, types, and sizes of vessels; ``(II) distinguish between new and existing vessels; and ``(III) provide for a waiver of the applicability of the standards as necessary or appropriate to a particular class, type, age, or size of vessel. ``(4) Effect of other laws.--This subsection shall not affect the application of section 311 to a covered vessel. ``(5) Prohibition relating to covered vessels.--After the effective date of the regulations promulgated by the Secretary of the department in which the Coast Guard is operating under paragraph (3), the owner or operator of a covered vessel shall neither operate in, nor discharge any discharge incidental to the normal operation of the vessel into, navigable waters, if the owner or operator of the vessel is not using any applicable best management practice meeting standards established under this subsection.''.

Commercial Vessel Discharges Reform Act of 2013 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to prohibit a permit from being required under such Act for a discharge incidental to the normal operation of a covered vessel. Defines a "covered vessel" to mean every description of watercraft, or other artificial contrivance used or capable of being used as a means of transportation on water, that is engaged in commercial service and that is: (1) less than 79 feet in length; or (2) a fishing vessel, regardless of length. Directs the Administrator of the Environmental Protection Agency (EPA) to: (1) determine, within one year, the discharges incidental to the normal operation of a covered vessel for which it is reasonable and practicable to develop best management practices to mitigate adverse impacts on the waters of the United States; and (2) review such determination every five years. Requires the Secretary of the department in which the Coast Guard is operating, in consultation with the Administrator, to promulgate regulations on the use of best management practices for discharges incidental to the normal operation of a covered vessel that the Administrator determines are reasonable and practicable. Prohibits, upon the promulgation of such regulation, the owner or operator of a covered vessel from operating in, or discharging such discharge into, navigable waters, if the owner or operator of the vessel is not using such practices.

Commercial Vessel Discharges Reform Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Rail Justice Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds as follows: (1) During World War II, more than 75,000 Jews and thousands of other persons were deported from France to Nazi concentration camps, on trains operated for profit by the Societe Nationale des Chemins de fer Francais (in this Act referred to as ``SNCF''), including deportations to Auschwitz and Buchenwald. Numerous citizens and residents of the United States were among those who were on the trains or had relatives on the trains. United States servicemen who were pilots shot down over France were also among the persons deported on the SNCF trains to Nazi concentration camps. (2) United States citizens and others have sought redress against SNCF by filing a class action suit in the United States District Court for the Eastern District of New York. The named plaintiffs and class members include United States Army Air Force pilots and United States citizens. (3) The complaint filed alleges that SNCF, a separate corporate entity that remained independent during World War II, operated the deportation trains for a profit, as ordinary commercial transactions. SNCF remained under French civilian control throughout World War II and is alleged to have collaborated willingly with the German Nazi regime. (4) The complaint alleges that SNCF provided the necessary rolling stock, scheduled the departures, and supplied the employees to operate the trains bound for the concentration camps. SNCF allegedly charged an ordinary passenger coach fare for the deportations, calculated per person and per kilometer, and considered these trains as ordinary commercial activities. The plaintiffs further contend that SNCF herded as many people as possible into each car, requiring passengers of all ages and sexes, including the elderly and young children, to stand throughout the trip of several days' duration, with no provision for food or water and no sanitary facilities. The complaint further alleges that SNCF cleaned the trains after each trip, removing the corpses of persons who perished during transit due to the execrable conditions of the train cars. The destination was in each case a camp in which the deportees were to be exterminated, worked to death, or made to suffer terrible and inhuman conditions. (5) The complaint contends that SNCF's actions violated the Principles of the Nuremberg Tribunal, 1950, relating to crimes under international law (earlier recognized by the Martens Clause of the Hague Convention IV of 1907), and aided and abetted the commission of war crimes and crimes against humanity. SNCF has not denied its actions and has never disgorged the money that it was paid for the deportations or otherwise compensated the deportees or their heirs. (6) SNCF's records concerning the deportation trains have not been made available to the plaintiffs, and SNCF archives concerning its wartime activities are not accessible to the general public. (7) SNCF moved to dismiss the lawsuit on a claim of sovereign immunity under the foreign sovereign immunities provisions of title 28, United States Code (28 U.S.C. 1330 and 1602 et seq.), even though it is one of the 500 largest corporations in the world, earns hundreds of millions of dollars from its commercial activities in the United States, and is not accorded sovereign immunity under the laws of France. SNCF's motion to dismiss the lawsuit was granted by the United States District Court for the Eastern District of New York. Plaintiffs appealed the decision, their appeal was granted, and the case was remanded for further proceedings. Subsequently, in light of Republic of Austria v. Altmann, 541 U.S. 677 (2004), in November 2004, on remand, the Court of Appeals for the Second Circuit recalled its prior mandate and determined that SNCF was entitled to immunity and affirmed the dismissal of the complaint. The Second Circuit stated that ``the railroad's conduct at the time lives on in infamy'' but concluded that ``the evil actions of the French national railroad's former private masters in knowingly transporting thousands to death camps during World War II are not susceptible to legal redress in Federal court today.''. (8) This lawsuit, which arises from the unique historical facts of the deportation of persons to Nazi concentration camps, presents issues of substantial importance to citizens and veterans of the United States. Many of those who have sought redress against SNCF are elderly and would have difficulty traveling outside the United States in order to pursue their claims elsewhere. The courts of the United States are and should be a proper forum for this lawsuit. The Foreign Sovereign Immunities Act of 1976, which had not been enacted at the time of SNCF's actions during World War II, was not intended to bar suit against the SNCF. SEC. 3. ACCESS TO UNITED STATES COURTS FOR HOLOCAUST DEPORTEES. (a) Jurisdiction of District Courts.--The United States district courts shall have original jurisdiction, without regard to the amount in controversy, of any civil action for damages for personal injury or death that-- (1) arose from the deportation of persons to Nazi concentration camps during the period beginning on January 1, 1942, and ending on December 31, 1944; and (2) is brought by any such person, or any heir or survivor of such person, against a railroad that-- (A) owned or operated the trains on which the persons were so deported; and (B) was organized as a separate legal entity at the time of the deportation, whether or not any of the equity interest in the railroad was owned by a foreign state. (b) Other Laws Not Applicable.--Sections 1330 and 1601 through 1611 of title 28, United States Code, or any other law limiting the jurisdiction of the United States courts, whether by statute or under common law, shall not preclude any action under subsection (a). (c) Inapplicability of Statutes of Limitation.--An action described in subsection (a) shall not be barred by a defense that the time for bringing such action has expired under a statute of limitations. (d) Applicability.--This section shall apply to any action pending on January 1, 2002, and to any action commenced on or after that date. SEC. 4. REPORT TO CONGRESS. In furtherance of international education relating to the Holocaust and in light of historic and continuing Anti-Semitism in Europe and throughout the world, the Secretary of State shall submit to the Congress, not later than the date that is 1 year after the date of the enactment of this Act, a report describing the extent to which the public has access to records, including archived information, of any railroad described in section 2(a)(2) with respect to the deportation of persons to Nazi concentration camps during the period beginning on January 1, 1942, and ending on December 31, 1944, on trains owned or operated by that railroad.

Holocaust Rail Justice Act - Grants U.S. district courts original jurisdiction over any civil action for damages for personal injury or death that: (1) arose from the deportation of persons to Nazi concentration camps between January 1, 1942, and December 31, 1944; and (2) is brought by or on behalf of such person against a railroad that owned or operated the trains on which the persons were deported and that was organized as a separate legal entity. Declares that: (1) no law limiting the jurisdiction of the U.S. courts shall preclude any such action; and (2) no such action shall be barred because a statute of limitations has expired. Makes this Act applicable to any action pending on or commenced after January 1, 2002. Directs the Secretary of State to report to Congress on the extent to which the public has access to records, including archived information, with respect to the deportation of such persons to Nazi concentration camps on such trains.

To ensure that the courts of the United States may provide an impartial forum for claims brought by United States citizens and others against any railroad organized as a separate legal entity, arising from the deportation of United States citizens and others to Nazi concentration camps on trains owned or operated by such railroad, and by the heirs and survivors of such persons, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Death Penalty Abolition Act of 2003''. SEC. 2. REPEAL OF FEDERAL LAWS PROVIDING FOR THE DEATH PENALTY. (a) Homicide-Related Offenses.-- (1) Murder related to the smuggling of aliens.--Section 274(a)(1)(B)(iv) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(B)(iv)) is amended by striking ``punished by death or''. (2) Destruction of aircraft, motor vehicles, or related facilities resulting in death.--Section 34 of title 18, United States Code, is amended by striking ``to the death penalty or''. (3) Murder committed during a drug-related drive-by shooting.--Section 36(b)(2)(A) of title 18, United States Code, is amended by striking ``death or''. (4) Murder committed at an airport serving international civil aviation.--Section 37(a) of title 18, United States Code, is amended, in the matter following paragraph (2), by striking ``punished by death or''. (5) Civil rights offenses resulting in death.--Chapter 13 of title 18, United States Code, is amended-- (A) in section 241, by striking ``, or may be sentenced to death''; (B) in section 242, by striking ``, or may be sentenced to death''; (C) in section 245(b), by striking ``, or may be sentenced to death''; and (D) in section 247(d)(1), by striking ``, or may be sentenced to death''. (6) Murder of a member of congress, an important executive official, or a supreme court justice.--Section 351 of title 18, United States Code, is amended-- (A) in subsection (b)(2), by striking ``death or''; and (B) in subsection (d)(2), by striking ``death or''. (7) Death resulting from offenses involving transportation of explosives, destruction of government property, or destruction of property related to foreign or interstate commerce.--Section 844 of title 18, United States Code, is amended-- (A) in subsection (d), by striking ``or to the death penalty''; (B) in subsection (f)(3), by striking ``subject to the death penalty, or''; (C) in subsection (i), by striking ``or to the death penalty''; and (D) in subsection (n), by striking ``(other than the penalty of death)''. (8) Murder committed by use of a firearm during commission of a crime of violence or a drug trafficking crime.--Section 924(j)(1) of title 18, United States Code, is amended by striking ``by death or''. (9) Genocide.--Section 1091(b)(1) of title 18, United States Code, is amended by striking ``death or''. (10) First degree murder.--Section 1111(b) of title 18, United States Code, is amended by striking ``by death or''. (11) Murder by a federal prisoner.--Section 1118 of title 18, United States Code, is amended-- (A) in subsection (a), by striking ``by death or''; and (B) in subsection (b), in the third undesignated paragraph-- (i) by inserting ``or'' before ``an indeterminate''; and (ii) by striking ``, or an unexecuted sentence of death''. (12) Murder of a state or local law enforcement official or other person aiding in a federal investigation; murder of a state correctional officer.--Section 1121 of title 18, United States Code, is amended-- (A) in subsection (a), by striking ``by sentence of death or''; and (B) in subsection (b)(1), by striking ``or death''. (13) Murder during a kidnaping.--Section 1201(a) of title 18, United States Code, is amended by striking ``death or''. (14) Murder during a hostage-taking.--Section 1203(a) of title 18, United States Code, is amended by striking ``death or''. (15) Murder with the intent of preventing testimony by a witness, victim, or informant.--Section 1512(a)(2)(A) of title 18, United States Code, is amended by striking ``the death penalty or''. (16) Mailing of injurious articles with intent to kill or resulting in death.--Section 1716(i) of title 18, United States Code, is amended by striking ``to the death penalty or''. (17) Assassination or kidnaping resulting in the death of the president or vice president.--Section 1751 of title 18, United States Code, is amended-- (A) in subsection (b)(2), by striking ``death or''; and (B) in subsection (d)(2), by striking ``death or''. (18) Murder for hire.--Section 1958(a) of title 18, United States Code, is amended by striking ``death or''. (19) Murder involved in a racketeering offense.--Section 1959(a)(1) of title 18, United States Code, is amended by striking ``death or''. (20) Willful wrecking of a train resulting in death.-- Section 1992(b) of title 18, United States Code, is amended by striking ``to the death penalty or''. (21) Bank robbery-related murder or kidnaping.--Section 2113(e) of title 18, United States Code, is amended by striking ``death or''. (22) Murder related to a carjacking.--Section 2119(3) of title 18, United States Code, is amended by striking ``, or sentenced to death''. (23) Murder related to aggravated child sexual abuse.-- Section 2241(c) of title 18, United States Code, is amended by striking ``unless the death penalty is imposed,''. (24) Murder related to sexual abuse.--Section 2245 of title 18, United States Code, is amended by striking ``punished by death or''. (25) Murder related to sexual exploitation of children.-- Section 2251(d) of title 18, United States Code, is amended by striking ``punished by death or''. (26) Murder committed during an offense against maritime navigation.--Section 2280(a)(1) of title 18, United States Code, is amended by striking ``punished by death or''. (27) Murder committed during an offense against a maritime fixed platform.--Section 2281(a)(1) of title 18, United States Code, is amended by striking ``punished by death or''. (28) Terrorist murder of a united states national in another country.--Section 2332(a)(1) of title 18, United States Code, is amended by striking ``death or''. (29) Murder by the use of a weapon of mass destruction.-- Section 2332a of title 18, United States Code, is amended-- (A) in subsection (a), by striking ``punished by death or''; and (B) in subsection (b), by striking ``by death, or''. (30) Murder by act of terrorism transcending national boundaries.--Section 2332b(c)(1)(A) of title 18, United States Code, is amended by striking ``by death, or''. (31) Murder involving torture.--Section 2340A(a) of title 18, United States Code, is amended by striking ``punished by death or''. (32) Murder related to a continuing criminal enterprise or related murder of a federal, state, or local law enforcement officer.--Section 408 of the Controlled Substances Act (21 U.S.C. 848) is amended-- (A) in each of subparagraphs (A) and (B) of subsection (e)(1), by striking ``, or may be sentenced to death''; (B) by striking subsections (g) and (h) and inserting the following: ``(g) [Reserved.] ``(h) [Reserved.]''; (C) in subsection (j), by striking ``and as to appropriateness in that case of imposing a sentence of death''; (D) in subsection (k), by striking ``, other than death,'' and all that follows before the period at the end and inserting ``authorized by law''; and (E) by striking subsections (l) and (m) and inserting the following: ``(l) [Reserved.] ``(m) [Reserved.]''. (33) Death resulting from aircraft hijacking.--Section 46502 of title 49, United States Code, is amended-- (A) in subsection (a)(2), by striking ``put to death or''; and (B) in subsection (b)(1)(B), by striking ``put to death or''. (b) Non-Homicide Related Offenses.-- (1) Espionage.--Section 794(a) of title 18, United States Code, is amended by striking ``punished by death or'' and all that follows before the period and inserting ``imprisoned for any term of years or for life''. (2) Treason.--Section 2381 of title 18, United States Code, is amended by striking ``shall suffer death, or''. (c) Repeal of Criminal Procedures Relating to Imposition of Death Sentence.-- (1) In general.--Chapter 228 of title 18, United States Code, is repealed. (2) Technical and conforming amendment.--The table of chapters for part II of title 18, United States Code, is amended by striking the item relating to chapter 228. SEC. 3. PROHIBITION ON IMPOSITION OF DEATH SENTENCE. (a) In General.--Notwithstanding any other provision of law, no person may be sentenced to death or put to death on or after the date of enactment of this Act for any violation of Federal law. (b) Persons Sentenced Before Date of Enactment.--Notwithstanding any other provision of law, any person sentenced to death before the date of enactment of this Act for any violation of Federal law shall serve a sentence of life imprisonment without the possibility of parole.

Federal Death Penalty Abolition Act of 2003 - Repeals death penalty provisions for a wide range of specified offenses under the Immigration and Nationality Act, the Federal criminal code (the code), the Controlled Substances Act, and other statutes, including for murder relating to the smuggling of aliens, murder during a hostage-taking, and certain non-homicide-related offenses (espionage and treason). Repeals code procedures relating to imposition of the death sentence. Prohibits sentencing to death or putting to death any person for any violation of Federal law. Directs that any person sentenced to death before the date of this Act's enactment for any such violation serve a sentence of life imprisonment without the possibility of parole.

To abolish the death penalty under Federal law.

SECTION 1. REDUCTION IN TAX RATES. (a) Individual Tax Rates.-- (1) In general.-- (A) Reduction in rate for initial bracket amount.-- Clause (i) of section 1(i)(1)(A) of the Internal Revenue Code of 1986 is amended by inserting ``(8 percent for taxable years beginning after December 31, 2017)'' after ``10 percent''. (B) Reduction in rate for 15-, 25-, 28-, and 33-percent rate brackets.--Paragraph (2) of section 1(i) of such Code is amended to read as follows: ``(2) Reduction in rates.--The tables under subsections (a), (b), (c), (d), and (e) shall be applied-- ``(A) by substituting `13%' for `15%' each place it appears, ``(B) by substituting `23%' for `28%' each place it appears, ``(C) by substituting `26%' for `31%' each place it appears, and ``(D) by substituting `31%' for `36%' each place it appears.''. (C) Reduction in rate for highest rate brackets.-- Subparagraph (A) of section 1(i)(3) of such Code is amended-- (i) by inserting ``(33 percent for taxable years beginning after December 31, 2017)'' after ``35 percent'' in clause (i), and (ii) by inserting ``(37.6 percent for taxable years beginning after December 31, 2017)'' after ``39.6 percent'' in clause (ii). (D) Conforming amendments.-- (i) Subparagraph (B) of section 1(g)(7) of the Internal Revenue Code of 1986 is amended by striking ``10 percent'' and inserting ``8 percent''. (ii) Paragraph (1) of section 1(h) of such Code is amended-- (I) by striking ``25 percent'' in subparagraph (A)(ii)(I) and inserting ``23 percent'', (II) by striking ``25 percent'' in subparagraph (B)(i) and inserting ``23 percent'', and (III) by striking ``39.6 percent'' in subparagraph (C)(ii)(I) and inserting ``37.6 percent''. (iii) Section 3402(p)(2) of such Code is amended by striking ``10 percent'' and inserting ``8 percent''. (2) Capital gains rates.-- (A) In general.--Paragraph (1) of section 1(h) of the Internal Revenue Code of 1986 is amended-- (i) by striking ``15 percent'' in subparagraph (C) and inserting ``13 percent'', (ii) by striking ``20 percent'' in subparagraph (D) and inserting ``18 percent'', (iii) by striking ``25 percent'' in subparagraph (E) and inserting ``23 percent'', and (iv) by striking ``28 percent'' in subparagraph (F) and inserting ``26 percent''. (B) Rate under alternative minimum tax.--Paragraph (3) of section 55(b) of such Code is amended-- (i) by striking ``15 percent'' in subparagraph (C) and inserting ``13 percent'', (ii) by striking ``20 percent'' in subparagraph (D) and inserting ``18 percent'', and (iii) by striking ``25 percent'' in subparagraph (E) and inserting ``23 percent''. (C) Conforming amendments.--The following sections are each amended by striking ``20 percent'' and inserting ``18 percent'': (i) Section 1445(e)(1). (ii) The second sentence of section 7518(g)(6)(A). (iii) Section 53511(f)(2) of title 46, United States Code. (b) Corporate Tax Rates.-- (1) In general.--Section 11(b) of the Internal Revenue Code of 1986 is amended-- (A) in paragraph (1)-- (i) by striking ``15 percent'' in subparagraph (A) inserting ``13 percent'', (ii) by striking ``25 percent'' in subparagraph (B) and inserting ``23 percent'', (iii) by striking ``34 percent'' in subparagraph (C) and inserting ``32 percent'', and (iv) by striking ``35 percent'' in subparagraph (C) and inserting ``33 percent'', and (B) in paragraph (2), by striking ``35 percent'' and inserting ``33 percent''. (2) Conforming amendments.-- (A) Section 1201(a) of such Code is amended by striking ``35 percent'' each place it appears and inserting ``33 percent''. (B) Paragraphs (1) and (2) of section 1445(e) of such Code are each amended by striking ``35 percent'' and inserting ``33 percent''. (c) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 2017. (2) Amendments related to withholding.--The amendments made by subsections (a)(1)(D)(iii) and (c)(2)(B) shall take effect on January 1, 2018.

This bill amends the Internal Revenue Code to reduce the individual and corporate income tax rates by specified amounts.

A bill to amend the Internal Revenue Code of 1986 to reduce tax rates across the board.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teaching Health Centers Graduate Medical Education Extension Act of 2017''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The program of payments to teaching health centers for graduate medical education under section 340H of the Public Health Service Act (42 U.S.C. 256h) was enacted in 2010 to address the crisis-level shortage of primary care physicians, especially in rural and medically underserved communities. (2) Teaching health center residents and faculty will provide more than one million primary care medical visits in 2017 to underserved communities. (3) When compared with traditional Medicare GME residents, residents who train at teaching health centers are more likely to practice primary care and remain in underserved or rural communities. (4) The teaching health center program not only plays a vital role in training the Nation's next generation of primary care physicians (including dentists), but helps bridge the Nation's physician shortfall. (5) For these reasons, it is of vital importance to continue the program under section 340H of the Public Health Service Act (42 U.S.C. 256h) at a sustainable level of funding per full-time equivalent resident, as recommended in the fact sheet of the Health Resources and Services Administration entitled ``Cost Estimates for Training Residents in a Teaching Health Center''. SEC. 3. REAUTHORIZATION OF PROGRAM OF PAYMENTS TO TEACHING HEALTH CENTERS THAT OPERATE GRADUATE MEDICAL EDUCATION PROGRAMS. (a) Payments.--Subsection (a) of section 340H of the Public Health Service Act (42 U.S.C. 256h) is amended to read as follows: ``(a) Payments.-- ``(1) In general.--Subject to subsection (h)(2), the Secretary shall make payments under this section for direct expenses and indirect expenses to qualified teaching health centers that are listed as sponsoring institutions by the relevant accrediting body for-- ``(A) maintenance of existing approved graduate medical residency training programs; ``(B) expansion of existing approved graduate medical residency training programs; and ``(C) establishment of new approved graduate medical residency training programs. ``(2) New programs.-- ``(A) Payments.--The Secretary shall make payments under paragraph (1)(C)-- ``(i) for fiscal year 2019, for a total of up to 60 full-time equivalent residents at new approved graduate medical residency programs; and ``(ii) for fiscal year 2020, for a total of up to 120 full-time equivalent residents at the new approved graduate medical residency programs that received payments pursuant to clause (i). ``(B) Priority.--Subject to subparagraph (C), in making payments pursuant to paragraph (1)(C), the Secretary shall give priority to qualified teaching health centers that-- ``(i) serve a health professional shortage area with a designation in effect under section 332 or a medically underserved community (as defined in section 799B); or ``(ii) are located in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act). ``(C) Limitation.--The number of full-time equivalent residents for which a qualified teaching health center receives payments pursuant to paragraph (1)(C) for a fiscal year shall not exceed by more than six the number of full-time equivalent residents for which the center received such payments for the preceding fiscal year.''. (b) Funding.--Subsection (g) of the first section 340H of the Public Health Service Act (42 U.S.C. 256h) is amended to read as follows: ``(g) Funding.-- ``(1) Existing programs.--Out of any money in the Treasury not otherwise appropriated, there are appropriated for payments under subparagraphs (A) and (B) of subsection (a)(1) $116,500,000 for each of fiscal years 2018, 2019, and 2020, to remain available until expended. ``(2) Incentive for new programs.--Out of any money in the Treasury not otherwise appropriated, there are appropriated for payments under subsection (a)(1)(C), $10,000,000 for fiscal year 2019 and $19,000,000 for fiscal year 2020, to remain available until expended. ``(3) Administrative expenses.--Of the amount made available to carry out this section for any fiscal year, the Secretary may not use more than 5 percent of such amount for the expenses of administering this section.''. (c) Annual Reporting.--Paragraph (1) of subsection (h) of the first section 340H of the Public Health Service Act (42 U.S.C. 256h) is amended-- (1) by redesignating subparagraph (D) as subparagraph (H); and (2) by inserting after subparagraph (C) the following: ``(D) The number of patients treated by residents described in paragraph (4). ``(E) The number of visits by patients treated by residents described in paragraph (4). ``(F) Of the number of residents described in paragraph (4) who completed their residency training at the end of such residency academic year, the number and percentage of such residents entering primary care practice (meaning any of the areas of practice listed in the definition of a primary care residency program in section 749A). ``(G) Of the number of residents described in paragraph (4) who completed their residency training at the end of such residency academic year, the number and percentage of such residents who entered practice at a health care facility-- ``(i) primarily serving a health professional shortage area with a designation in effect under section 332 or a medically underserved community (as defined in section 799B); or ``(ii) located in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act).''. (d) Report on Training Costs.--Not later than March 31, 2020, the Secretary of Health and Human Services shall submit to the Congress a report on the direct graduate expenses of approved graduate medical residency training programs, and the indirect expenses associated with the additional costs of teaching residents, of qualified teaching health centers (as such terms are used or defined in section 340H of the Public Health Service Act (42 U.S.C. 256h)). (e) Definition.--Subsection (j) of the first section 340H of the Public Health Service Act (42 U.S.C. 256h) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following: ``(2) New approved graduate medical residency training program.--The term `new approved graduate medical residency training program' means an approved graduate medical residency training program for which the sponsoring qualified teaching health center has not received a payment under this section for a previous fiscal year (other than pursuant to subsection (a)(1)(C)).''. (f) Technical Corrections.--Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended-- (1) in subsection (f) of the first section 340H (42 U.S.C. 256h), by striking ``hospital'' each place it appears and inserting ``teaching health center''; (2) by redesignating the second subpart XI (relating to a community-based collaborative care network program) as subpart XII; and (3) by redesignating the second section 340H (42 U.S.C. 256i) as section 340I. (g) Payments for Previous Fiscal Years.--The provisions of the first section 340H of the Public Health Service Act (42 U.S.C. 256h), as in effect on the day before the date of enactment of this Act, shall continue to apply with respect to payments under such section for fiscal years before fiscal year 2018.

Teaching Health Centers Graduate Medical Education Extension Act of 2017 This bill amends the Public Health Service Act to extend and expand funding through FY2020 for graduate medical education programs at teaching centers (which train medical residents in primary care specialties). The bill allows funds to be used for maintaining, expanding, and establishing graduate medical residency programs.

Teaching Health Centers Graduate Medical Education Extension Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Life Sciences Jobs and Investment Act of 2010''. SEC. 2. INCREASED CREDIT FOR INITIAL LIFE SCIENCES RESEARCH. (a) In General.--Subsection (h) of section 41 of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and inserting after subsection (g) the following new subsection: ``(h) Special Rules for Increased Initial Life Sciences Research.-- ``(1) In general.--In the case of qualified initial life sciences research expenses for any taxable year with respect to which the taxpayer elects the application of this subsection-- ``(A) Increased credit.--Subsection (a) shall be applied by substituting `40 percent' for `20 percent'. ``(B) Amounts paid for qualified life sciences research to certain research incubators, eligible small businesses, universities, and federal laboratories.-- Subsection (b)(3)(A) shall be applied by substituting `100 percent' for `65 percent', in the case of amounts paid or incurred to a qualified research incubator, or to persons described in subclause (I), (II), or (III) of subsection (b)(3)(D)(i), for qualified life sciences research. ``(C) Alternative simplified credit in case of initial qualified life science research.-- ``(i) Subsection (c)(5)(A) shall be applied by substituting `28 percent' for `14 percent', and ``(ii) subsection (c)(5)(B) shall be applied by substituting `12 percent' for `6 percent'. ``(2) Definitions.--For purposes of this subsection-- ``(A) Qualified initial life sciences research expenses.--The term `qualified initial life sciences research expenses' means so much of the amounts taken into account under subsection (a) as are attributable to qualified life sciences research and do not exceed $150,000,000. ``(B) Qualified life sciences research.--The term `qualified life sciences research' means any qualified research with respect to the branch of knowledge or study of biology, biochemistry, biophysics, bioengineering, microbiology, genetics, or physiology (in each case as such knowledge or study relates to human beings), except that the term does not include sociology or psychology. ``(C) Qualified research incubator.--The term `qualified research incubator' means any entity created by and operated under State law exclusively to conduct qualified life sciences research on behalf of the taxpayer and 1 or more unrelated taxpayers. ``(3) Coordination with 965A.--This subsection shall not apply with respect to any taxpayer for any taxable year for which an election is in effect under section 965A (relating to limited deduction for life sciences jobs and investment in United States). ``(4) Election.--Any election under this subsection shall be made in such manner as may be prescribed by the Secretary, and shall be made with respect to a taxable year not later than the due date (including extensions of time) for filing the taxpayer's return for such taxable year. ``(5) Termination.--This subsection shall not apply to any taxable year beginning after December 31, 2015.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. INCENTIVES TO INVEST IN LIFE SCIENCES JOBS, RESEARCH, AND FACILITIES. (a) In General.--Subpart F of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1986 (relating to controlled foreign corporations) is amended by adding at the end the following new section: ``SEC. 965A. LIMITED DEDUCTION FOR LIFE SCIENCES JOBS AND INVESTMENT IN UNITED STATES. ``(a) Deduction.-- ``(1) In general.--In the case of a corporation which is a United States shareholder and for which the election under this section is in effect for the taxable year, there shall be allowed as a deduction an amount equal to 100 percent of the cash dividends which are received during such taxable year by such shareholder from controlled foreign corporations. ``(2) Dividends paid indirectly from controlled foreign corporations.--If, within the taxable year for which the election under this section is in effect, a United States shareholder receives a cash distribution from a controlled foreign corporation which is excluded from gross income under section 959(a), such distribution shall be treated for purposes of this section as a cash dividend to the extent of any amount included in income by such United States shareholder under section 951(a)(1)(A), including as a result of any cash dividend during such taxable year to-- ``(A) such controlled foreign corporation from another controlled foreign corporation that is in a chain of ownership described in section 958(a), or ``(B) any other controlled foreign corporation in such chain of ownership from another controlled foreign corporation in such chain of ownership, but only to the extent of cash distributions described in section 959(b) which are made during such taxable year to the controlled foreign corporation from which such United States shareholder received such distribution. ``(b) Limitations.-- ``(1) In general.--The amount of dividends taken into account under subsection (a) shall not exceed the lesser of-- ``(A) $150,000,000, or ``(B) the amount shown on the applicable financial statement as earnings permanently reinvested outside the United States. The amounts described in subparagraph (B) shall be treated as being zero if there is no such statement or such statement fails to show a specific amount of such earnings. ``(2) Requirement to invest in life sciences.--Subsection (a) shall not apply to any dividend received by a United States shareholder unless the amount of the dividend is invested solely in the United States and solely for the purpose of-- ``(A) the new hiring of additional scientists, researchers, and comparable personnel engaged in qualified life sciences research, ``(B) payments to universities, qualified research incubators, and other qualified organizations which are used by such organizations to conduct qualified life sciences research, or ``(C) the building or leasing of new facilities to be used in the conduct of qualified life sciences research. ``(3) Prohibited uses.--Subsection (a) shall not apply to any dividend any amount of which is used by the taxpayer to pay remuneration for services of any covered employee (as defined in section 162(m)(3)), to pay dividends to the shareholders of the taxpayer, or to pay interest or principal on any debt security of the taxpayer. ``(4) No reserve.--Subsection (a) shall not apply to any dividend if the taxpayer's compliance with this section is uncertain and requires a provision or reserve on the taxpayer's applicable financial statements. ``(5) Separate account.--Subsection (a) shall not apply to any dividend unless the amount of the dividend is held in a separate account, trust, or other arrangement that segregates the amount from other funds of the taxpayer until the amount is used solely for the purposes described in paragraph (2). ``(c) Substantiation of Compliance.-- ``(1) In general.--The taxpayer must substantiate its compliance with subsection (b) with written documents and such other credible evidence as the Secretary may reasonably require, and shall bear the burden of proof with respect to such substantiation. ``(2) Certification.--The chief executive officer and the independent director serving as head of the audit committee of the taxpayer, or comparable corporate officials, shall attest in writing to the taxpayer's compliance with each of the requirements of subsection (b). ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified life sciences research; qualified research incubator.--The terms `qualified life sciences research' and `qualified research incubator' shall have the respective meanings given such terms by section 41(d). ``(2) The term `qualified organization' means any organization described in subparagraph (A), (B), or (C) of section 41(e)(6). ``(3) The term `applicable financial statement' and `dividend' shall have the respective meanings given such terms by section 965(c). ``(4) Rules similar to the rules of paragraph (3) of section 965(b) shall apply for purposes of this section, except that such paragraph shall be applied by substituting `December 31, 2009' for `October 3, 2004'. ``(5) Rules similar to the rules of paragraphs (4) and (5) of section 965(c) shall apply for purposes of this section, except that such paragraph (5) shall be applied-- ``(A) by substituting `$150,000,000' for `$500,000,000', and ``(B) without regard to the reference to subparagraph (C) of section 965(b)(1). ``(e) Denial of Foreign Tax Credit.-- ``(1) No credit shall be allowed under section 901 for any taxes paid or accrued (or treated as paid or accrued) with respect to any dividend with respect to which an election is in effect under this section and which is included in income under section 951(a)(1)(A). ``(2) No deduction shall be allowed under this chapter for any tax for which credit is not allowable by reason of paragraph (1). ``(f) Election.--Any election under this section shall be made in such manner as may be prescribed by the Secretary, and shall be made with respect to a taxable year not later than the due date (including extensions of time) for filing the taxpayer's return for such taxable year. ``(g) Termination.--This section shall not apply to any taxable year beginning after December 31, 2015.''. (b) Clerical Amendment.--The table of sections for subpart F of part III of subchapter N of chapter 1 of such Code is amended by adding at the end the following new section: ``Sec. 965A. Limited deduction for life sciences jobs and investment in United States.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of enactment.

Life Sciences Jobs and Investment Act of 2010 - Amends the Internal Revenue Code to allow: (1) an increased research tax credit for qualified initial life sciences research expenses; and (2) certain corporations a tax deduction for investments in the United States to hire scientists and researchers engaged in life science research and to fund life science research at universities, qualified research incubators, and other qualified organizations. Terminates such tax incentives after 2015. Defines "qualified initial life sciences research expenses" as amounts, up to $150 million, attributable to the study of biology, biochemistry, biophysics, bioengineering, microbiology, genetics, or physiology, but excluding sociology or psychology.

To amend the Internal Revenue Code of 1986 to provide incentives for life sciences research.

OF CERTAIN ISSUES. ``(a) Corporation Actions.--Notwithstanding any provision of any agreement to which the Corporation is a party, the Corporation shall not be considered to be in breach, default, or violation of any such agreement because of any provision of this chapter or any action the Corporation is required to take under this chapter. ``(b) Right To Sue Withdrawn.--The United States hereby withdraws any stated or implied consent for the United States, or any agent or officer of the United States, to be sued by any person for any legal, equitable, or other relief with respect to any claim arising out of, or resulting from, acts or omissions under this chapter.''. (e) Application of Privatization Proceeds.--Chapter 25 (as amended by subsection (d)) is amended by adding at the end the following new section: ``SEC. 1507. APPLICATION OF PRIVATIZATION PROCEEDS. ``The proceeds from the privatization shall be included in the budget baseline required by the Balanced Budget and Emergency Deficit Control Act of 1985 and shall be counted as an offset to direct spending for purposes of section 252 of such Act, notwithstanding section 257(e) of such Act.''. (f) Conforming Amendment.--The table of contents for chapter 25 is amended by inserting after the item for section 1502 the following: ``Sec. 1503. Establishment of Private Corporation. ``Sec. 1504. Ownership Limitations. ``Sec. 1505. Exemption from Liability. ``Sec. 1506. Resolution of Certain Issues. ``Sec. 1507. Application of Privatization Proceeds.''. (g) Section 193 (42 U.S.C. 2243) is amended by adding at the end the following: ``(f) Limitation.--If the privatization of the United States Enrichment Corporation results in the Corporation being-- ``(1) owned, controlled, or dominated by a foreign corporation or a foreign government, or ``(2) otherwise inimical to the common defense or security of the United States, any license held by the Corporation under sections 53 and 63 shall be terminated.''. (h) Period for Congressional Review.--Section 1502(d) (42 U.S.C. 2297d-1(d)) is amended by striking ``less than 60 days after notification of the Congress'' and inserting ``less than 60 days after the date of the report to Congress by the Comptroller General under subsection (c)''. SEC. 7. PERIODIC CERTIFICATION OF COMPLIANCE. Section 1701(c)(2) (42 U.S.C. 2297f(c)(2)) is amended by striking ``Annual application for certificate of compliance.--The Corporation shall apply at least annually to the Nuclear Regulatory Commission for a certificate of compliance under paragraph (1).'' and inserting ``Periodic application for certificate of compliance.--The Corporation shall apply to the Nuclear Regulatory Commission for a certificate of compliance under paragraph (1) periodically, as determined by the Nuclear Regulatory Commission, but not less than every 5 years.''. SEC. 8. LICENSING OF OTHER TECHNOLOGIES. Subsection (a) of section 1702 (42 U.S.C. 2297f-1(a)) is amended by striking ``other than'' and inserting ``including''. SEC. 9. CONFORMING AMENDMENTS. (a) Repeals in Atomic Energy Act of 1954 as of the Privatization Date.-- (1) Repeals.--As of the privatization date (as defined in section 1201(13) of the Atomic Energy Act of 1954), the following sections (as in effect on such privatization date) of the Atomic Energy Act of 1954 are repealed: (A) Section 1202. (B) Sections 1301 through 1304. (C) Sections 1306 through 1316. (D) Sections 1404 and 1405. (E) Section 1601. (F) Sections 1603 through 1607. (2) Conforming amendment.--The table of contents of such Act is amended by repealing the items referring to sections repealed by paragraph (1). (b) Statutory Modifications.--As of such privatization date, the following shall take effect: (1) For purposes of title I of the Atomic Energy Act of 1954, all references in such Act to the ``United States Enrichment Corporation'' shall be deemed to be references to the corporation established pursuant to section 1503 of the Atomic Energy Act of 1954 (as added by section 6(a)). (2) Section 1018(1) of the Energy Policy Act of 1992 (42 U.S.C. 2296b-7(1)) is amended by striking ``the United States'' and all that follows through the period and inserting ``the corporation referred to in section 1201(4) of the Atomic Energy Act of 1954.''. (3) Section 9101(3) of title 31, United States Code, is amended by striking subparagraph (N), as added by section 902(b) of Public Law 102-486. (c) Revision of Section 1305.--As of such privatization date, section 1305 of the Atomic Energy Act of 1954 (42 U.S.C 2297b-4) is amended-- (1) by repealing subsections (a), (b), (c), and (d), and (2) in subsection (e)-- (A) by striking the subsection designation and heading, (B) by redesignating paragraphs (1) and (2) (as added by section 4(a)) as subsections (a) and (b) and by moving the margins 2-ems to the left, (C) by striking paragraph (3), and (D) by redesignating paragraph (4) (as amended by section 4(b)) as subsection (c), and by moving the margins 2-ems to the left. HR 1216 RH----2

USEC Privatization Act - Amends the Atomic Energy Act of 1954 to exclude from the definition of "production facility" the construction and operation of a uranium enrichment facility using Atomic Vapor Laser Isotope Separation (AVLIS) technology (thus making such a facility eligible for one-step licensing). (Sec. 4) States that one of this Act's purposes is to ensure that privatization of the United States Enrichment Corporation (USEC) does not result in any adverse effects on the pension benefits of employees at facilities that are operated in the performance of functions vested in USEC. Declares that USEC shall abide by the terms of the collective bargaining agreement in effect on the privatization date at each individual facility. Permits employees who transfer to USEC from other Federal employment to transfer their accrued retirement benefits to a USEC retirement system, or to retain their coverage under their existing Federal plan. (Sec. 5) Terminates USEC's status as the exclusive marketing agent for the United States for entering into contracts for providing enriched uranium and uranium enrichment and related services. Declares that the privatization of USEC shall not affect the terms, rights, or obligations of the parties to any power purchase contracts. Sets forth the effects of the transfer of uranium enrichment contracts. Declares that the United States shall remain obligated on those contracts during their term. States that USEC shall establish prices for its products, materials, and services on a profitmaking basis. Prescribes guidelines under which the Department of Energy (DOE) shall accept responsibility for the treatment, disposal and storage of low-level radioactive waste and mixed waste. States that as of the privatization date all liabilities and any judgment against the Corporation attributable to the operation of the USEC from the transition date to the privatization date shall be direct liabilities of, and judgments against, the United States. Authorizes the Secretary of Energy (the Secretary) to transfer raw and enriched uranium to USEC before the privatization date without charge. (Sec. 6) Prescribes guidelines under which: (1) USEC is authorized to establish a private corporation to implement the privatization of USEC; and (2) USEC privatization may be implemented by means of a transfer of assets and liabilities to such corporation and a merger or consolidation with it. Prohibits the Secretary from allowing the privatization of USEC by means of a public offering unless the Secretary determines that the estimated gross proceeds from the USEC sale will be an adequate amount. Limits to ten percent of the total votes of all outstanding USEC voting securities the number of securities any person may acquire or hold, directly or indirectly, during the three years following any privatization by means of public offering. Provides that the proceeds to the U.S, Government from privatization shall be included in the budget baseline and be counted as an offset to direct spending. Terminates any USEC license if privatization results in its being owned, controlled or dominated by a foreign entity or otherwise inimical to the security of the United States. Precludes USEC from implementing the privatization plan less than 60 days after the date that the Comptroller General presents an evaluation of the plan to the Congress. (Sec.7) Provides for periodic certification of USEC by the Nuclear Regulatory Commission upon privatization. (Sec. 8) Authorizes the licensing of corporation facilities using AVLIS technologies for uranium enrichment.

USEC Privatization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Excellence Recognition Act of 1993''. SEC. 2. PRESIDENT'S TOTAL ENVIRONMENTAL QUALITY AWARD AND THE NATIONAL ENVIRONMENTALLY SOUND TECHNOLOGY AWARD. (a) Findings.--The Congress finds the following: (1) Award programs such as the Malcolm Baldrige National Quality Award Program have made substantial contributions to private enterprise by providing a framework upon which organizations can improve their operations and by focusing on issues important to their competitiveness. (2) A President's Total Environmental Quality Award Program modeled on the Malcolm Baldrige Award Program would contribute to environmental quality and sustainable economic development by-- (A) helping to stimulate United States companies to develop and deploy environmental technologies; (B) recognizing the achievements of such companies which successfully develop and deploy environmental technologies; and (C) establishing guidelines and criteria that can be used by business, industrial, governmental, and other organizations in evaluating their own development and deployment of environmental technologies. (b) Purpose.--It is the purpose of this section to provide for the establishment and conduct of a President's Total Environmental Quality Award Program and a National Environmentally Sound Technology Award Program under which awards are given to recognize the successful development and deployment of environmental technologies and under which information is disseminated about such success. (c) Establishment of Awards.--The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended by inserting after section 23 the following new sections: ``SEC. 24. PRESIDENT'S TOTAL ENVIRONMENTAL QUALITY AWARD. ``(a) Establishment.--There is hereby established the President's Total Environmental Quality Award (in this section referred to as the `Award'). ``(b) Design.--The Award shall be evidenced by a medal bearing the inscription `President's Total Environmental Quality Award'. ``(c) Award Selection Process.--The Secretary, in cooperation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, shall establish a process for the acceptance and evaluation of Award applicants. The Secretary shall, to the maximum extent practicable, use the same procedures and facilities provided for the administration of the Malcolm Baldrige Award, including the definition of award categories, the delegation of responsibilities, and provisions for publicity, evaluation feed-back, and information transfer. ``(d) Presentation of award.-- ``(1) Recommendations by secretary.--The Secretary shall submit to the President the recommendations of the Secretary for the selection of Award applicants. ``(2) Selection by the president.--On the basis of recommendations received under paragraph (1), the President shall periodically select for receipt of the Award United States companies and other organizations which in the judgment of the President have substantially benefited the environmental, economic, and social well-being of the United States through the development and deployment of environmental technologies, and which as a consequence are deserving of special recognition. ``(3) Presentation ceremony.--The President or the Vice President shall present the Award to recipients selected under paragraph (2) with such ceremony as the President or the Vice President considers to be appropriate. ``(e) Limitation.--The information gathered in evaluating Award applications may be used only for the evaluation of such applications and for publicity by winners of the Award. Such information may not be used for regulatory or compliance purposes. ``(f) Evaluation Criteria.--Criteria for evaluating Award applications shall include the following: ``(1) The effectiveness of the organization's development and deployment of environmental technologies, as well as the organization's provision for environmental technologies in its future plans. ``(2) The effectiveness of energy and materials use from the perspective of the life cycle of the production, use, recycle, and disposal of a product. ``(3) The effective use of an integrated approach to pollution prevention and control that considers all environmental media (liquid, solid, gaseous). ``(g) Funding.--The Secretary may seek and accept gifts from public and private sources to carry out this section. The Secretary may provide for the imposition of a fee upon the organizations applying for the Award. ``(h) Report.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit to the President and the Congress a report on the progress made in carrying out this section. The report shall include any recommendations of the Secretary for any modifications of the Award the Secretary considers necessary. ``SEC. 25. NATIONAL ENVIRONMENTALLY SOUND TECHNOLOGY AWARD. ``(a) Establishment.--There is established a National Environmentally Sound Technology Award for the purpose of awarding individuals who have pioneered the development and use of a highly innovative environmental technology. ``(b) Administration.--Using the authority and procedures established in section 24 and subject to the conditions described in this section, the Secretary, in cooperation with the Administrator of the Environmental Protection Agency and the Secretary of Energy, shall receive and evaluate applications for the National Environmentally Sound Technology Award and provide for presentation of such Award. ``(c) Qualified Technologies.--Technologies that qualify for such Award shall include following: ``(1) Manufacturing technologies. ``(2) Industrial or consumer products. ``(3) Consumer services. ``(4) Recycling technologies. ``(d) Qualified Applicants.--Any citizen or permanent resident of the Unites States may qualify for such Award. Any such individual who is employed by or otherwise works for a business, Federal laboratory, or other organization may qualify for such Award only if the individual was substantially involved in the invention or innovation for which such Award is presented. ``(e) Limitation.--Not more than five such Awards may be presented annually. ``(f) Definition.--For purposes of this section, the term `environmental technology' means-- ``(1) a technology that is primarily intended to improve the quality of the environment through pollution reduction or remediation; ``(2) a product, manufacturing process, or service that is capable of cost-effectively replacing the functions of an existing product, process, or service, and as compared with the product, process, or service it replaces, significantly reducing overall pollution or significantly improving the efficiency of energy or materials use; or ``(3) a technology within the meaning of paragraphs (1) and (2).''.

Environmental Excellence Recognition Act of 1993 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to establish the President's Total Environmental Quality Award. Requires the Secretary of Commerce to establish a process for the acceptance and evaluation of Award applicants using, to the extent practicable, the same procedures and facilities provided for the Malcolm Baldrige Award. Directs the President, based on the Secretary's recommendations, to periodically select companies and other organizations which have benefited the United States through the development and deployment of environmental technologies for receipt of the Award. Establishes a National Environmentally Sound Technology Award for individuals who have pioneered the development and use of a highly innovative environmental technology. Directs the Secretary to receive and evaluate applications for, and provide for presentation of, the Award. Makes U.S. citizens or permanent residents eligible for the Award. Permits up to five of such Awards to be presented annually.

Environmental Excellence Recognition Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Energy Jobs Act of 2012''. TITLE I--INCREASE AND EXTENSION OF CREDIT FOR QUALIFYING ADVANCED ENERGY PROJECTS SEC. 101. INCREASE AND EXTENSION OF CREDIT FOR QUALIFYING ADVANCED ENERGY PROJECTS. (a) In General.--Subsection (d) of section 48C of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Additional 2012 allocations.-- ``(A) In general.--Not later than 180 days after the date of the enactment of this paragraph, the Secretary, in consultation with the Secretary of Energy, shall establish a program to consider and award certifications for qualified investments eligible for credits under this section to qualifying advanced energy project sponsors with respect to applications received on or after the date of the enactment of this paragraph. ``(B) Limitation.--The total amount of credits that may be allocated under the program described in subparagraph (A) shall not exceed $5,000,000,000. ``(C) Application of certain rules.--Rules similar to the rules of paragraphs (2), (3), (4), and (5) shall apply for purposes of the program described in subparagraph (A), except that applicants shall have 2 years from the date that the Secretary establishes such program to submit applications.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. TITLE II--REVENUE OFFSETS Subtitle A--Close Big Oil Tax Loopholes SEC. 201. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY TAXPAYERS. (a) In General.--Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: ``(n) Special Rules Relating to Major Integrated Oil Companies Which Are Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a major integrated oil company (as defined in section 167(h)(5)(B)) to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) Contrary treaty obligations upheld.--The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. SEC. 202. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL, NATURAL GAS, OR PRIMARY PRODUCTS THEREOF. (a) Denial of Deduction.--Paragraph (4) of section 199(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(E) Special rule for certain oil and gas income.--In the case of any taxpayer who is a major integrated oil company (as defined in section 167(h)(5)(B)) for the taxable year, the term `domestic production gross receipts' shall not include gross receipts from the production, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 203. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND DEVELOPMENT COSTS. (a) In General.--Section 263(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)).''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011. SEC. 204. LIMITATION ON PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS WELLS. (a) In General.--Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Application With Respect to Major Integrated Oil Companies.-- In the case of any taxable year in which the taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)), the allowance for percentage depletion shall be zero.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 205. LIMITATION ON DEDUCTION FOR TERTIARY INJECTANTS. (a) In General.--Section 193 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Application With Respect to Major Integrated Oil Companies.-- This section shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)).''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2011. Subtitle B--Outer Continental Shelf Oil and Natural Gas SEC. 211. REPEAL OF OUTER CONTINENTAL SHELF DEEP WATER AND DEEP GAS ROYALTY RELIEF. (a) In General.--Sections 344 and 345 of the Energy Policy Act of 2005 (42 U.S.C. 15904, 15905) are repealed. (b) Administration.--The Secretary of the Interior shall not be required to provide for royalty relief in the lease sale terms beginning with the first lease sale held on or after the date of the enactment of this Act for which a final notice of sale has not been published. Subtitle C--Miscellaneous SEC. 221. DEFICIT REDUCTION. The net amount of any savings realized as a result of the enactment of this Act and the amendments made by this Act (after any expenditures authorized by this Act and the amendments made by this Act) shall be deposited in the Treasury and used for Federal budget deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate. SEC. 222. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Clean Energy Jobs Act of 2012 - Amends the Internal Revenue Code to allow additional allocations of credits under the qualifying advanced energy project (i.e., the project for the production of renewable and alternative energy resources) in 2012. Limits or repeals certain tax benefits for major integrated oil companies (defined as companies with annual gross receipts over $1 billion and an average daily worldwide production of crude oil of at least 500,000 barrels), including: (1) the foreign tax credit; (2) the tax deduction for income attributable to oil, natural gas, or primary products thereof; (3) the tax deduction for intangible drilling and development costs; (4) the percentage depletion allowance for oil and gas wells; and (5) the tax deduction for qualified tertiary injectant expenses. Amends the Energy Policy Act of 2005 to repeal royalty relief (suspension of royalties) for: (1) natural gas production from deep wells in shallow waters of the Gulf of Mexico; and (2) deep water oil and gas production in the Western and Central Planning Area of the Gulf (including the portion of the Eastern Planning Area encompassing whole lease blocks lying west of 87 degrees, 30 minutes west longitude). Dedicates any increased revenue generated by this Act to the reduction of a federal budget deficit or the federal debt. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.

To amend the Internal Revenue Code of 1986 to increase and extend the credit for qualifying advanced energy projects, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Orphan County Telecommunications Rights Act of 2014''. SEC. 2. MODIFICATION OF LOCAL TELEVISION MARKETS. (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 343. MODIFICATION OF LOCAL TELEVISION MARKETS. ``(a) In General.--The adjacent underserved county of a television broadcast station may file with the Commission a petition for the inclusion of such county in the local market of such station. Not later than 120 days after receiving such a petition, the Commission shall grant such petition by modifying the local market of such station by including such county in such market. ``(b) Multiple Markets.--The Commission may determine under subsection (a) that a particular county is part of the local market of more than one television broadcast station affiliated with the same television network. ``(c) Single Petition.--A county may request the inclusion of such county in the local market of more than one television broadcast station in a single petition filed under subsection (a). ``(d) Point of Contact With County.--A county that files a petition under subsection (a) shall designate an official or body to communicate with the Commission about matters relating to such petition. ``(e) Carriage During Pendency of Proceeding.--During the pendency of a proceeding on a petition under subsection (a) for the inclusion of a county in the local market of a television broadcast station, a multichannel video programming distributor may not delete from carriage the signal of a television broadcast station-- ``(1) that is affiliated with the same television network; and ``(2) the local market of which includes such county. ``(f) Definitions.--In this section: ``(1) Adjacent market.-- ``(A) In general.--The term `adjacent market' means, with respect to a television broadcast station, any designated market area adjacent to, and partially but not entirely in the same State as, the designated market area in which the station's community of license is located. ``(B) Treatment of certain counties.--In the case of a county that is not within the local market or the adjacent market (as defined in subparagraph (A)) of any network station licensed to a community in the State in which such county is located, such county shall be considered to be within the adjacent market of any television broadcast station licensed to a community in the nearest designated market area-- ``(i) that is located in whole or in part within such State; and ``(ii) with respect to which the community of license of at least one network station is located both in such designated market area and in such State. ``(2) Adjacent underserved county.--The term `adjacent underserved county' means, with respect to a television broadcast station, 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 television network and located in the same State. ``(3) Cable operator.--The term `cable operator' has the meaning given such term in section 602. ``(4) County.--The term `county' means a county, parish, or similar political subdivision of a State of the type generally used in determining the boundaries of designated market areas. ``(5) Designated market area.--The term `designated market area' has the meaning given such term in section 122(j)(2)(C) of title 17, United States Code. ``(6) Local market.--The term `local market' means, with respect to a television broadcast station-- ``(A) for purposes of carriage of such station by satellite carriers, the local market of such station as determined under section 122(j)(2) of title 17, United States Code; and ``(B) for purposes of carriage of such station by cable operators, the television market of such station as determined under section 614(h)(1)(C). ``(7) Multichannel video programming distributor.--The term `multichannel video programming distributor' has the meaning given such term in section 602. ``(8) Network station.--The term `network station' has the meaning given such term in section 119(d) of title 17, United States Code. ``(9) Satellite carrier.--The term `satellite carrier' has the meaning given such term in section 119(d) of title 17, United States Code. ``(10) Television broadcast station.--The term `television broadcast station' has the meaning given such term in section 325(b). ``(11) Television network.--The term `television network' has the meaning given such term in section 339(d).''. (b) Effect for Purposes of Cable Carriage.--Section 614(h)(1)(C) of the Communications Act of 1934 (47 U.S.C. 534(h)(1)(C)) is amended-- (1) by moving the margin of clause (iv) two ems to the left; and (2) by adding at the end the following: ``(v) If the Commission modifies the local market of a television broadcast station under section 343 by including a county in such market, the Commission shall include within the television market of such station for purposes of this section all of the communities within such county.''. (c) Effect for Purposes of Satellite Carriage.--Section 122(j)(2) of title 17, United States Code, is amended by adding at the end the following: ``(E) Modification by fcc.--If the Federal Communications Commission modifies the local market of a television broadcast station under section 343 of the Communications Act of 1934, such modification shall modify the local market of such station as determined under this paragraph.''.

Orphan County Telecommunications Rights Act of 2014 - Amends the Communications Act of 1934 to permit an adjacent underserved county of a television broadcast station to file a petition with the Federal Communications Commission (FCC) to be included in the local market of such station. Defines "adjacent underserved county" as a county within a television broadcast station's adjacent market that is: (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 affiliated with the same television network and located in the same state. Defines "adjacent market" as any designated market area adjacent to, and partially but not entirely in the same state as, the designated market area in which the station's community of license is located. Requires a county that is not within the local or adjacent market of any network station licensed to a community in the county's state to be considered within the adjacent market of any station licensed to a community in the nearest designated market area: (1) that is located in whole or in part within such state, and (2) with respect to which the community of license of at least one network station is located both in such designated market area and in such state. Allows the FCC to determine that a particular county is part of the local market of more than one television broadcast station affiliated with the same television network. Prohibits a multichannel video programming distributor, during the pendency of a proceeding on a county's petition for inclusion in the local market of a television broadcast station, from deleting the signal of a station that: (1) is affiliated with the same television network, and (2) has a local market that includes such county. Directs the FCC, if the local market of a television broadcast station is modified to include a petitioning county, to include within the television market of such station all of the communities within such county for purposes of carriage obligation requirements under which cable operators carry the signals of local commercial television stations. Requires the FCC's modification of a station's local market under this Act to also result in a modification of such marketfor purposes of statutory licensing requirements that apply to secondary transmissions of local television programming by satellite.

Orphan County Telecommunications Rights Act of 2014

SECTION 1. SHORT TITLE AND PURPOSE. (a) Short Title.--This Act may be cited as the ``Rocky Mountain National Park Wilderness Act of 1998''. (b) Purpose.--The purpose of this Act is to include certain lands within Rocky Mountain National Park in the National Wilderness Preservation System in order to protect their enduring scenic and historic wilderness character and unique wildlife values as well as their scientific, educational, inspirational, and recreational resources, values, and opportunities. SEC. 2. WILDERNESS DESIGNATION AND MAP. (a) Designation.--(1) In furtherance of the purpose of the Wilderness Act (16 U.S.C. 1131 et seq.), certain lands within Rocky Mountain National Park, Colorado, which comprise approximately 249,562 acres, as generally depicted on a map entitled ``Rocky Mountain National Park Wilderness--Proposed'' and dated June, 1998, are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System and shall be known as the Rocky Mountain National Park Wilderness. (b) Map and Description.--As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall file a map and a boundary description of the lands designated as wilderness by this section with the Committee on Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. Such map and description shall have the same force and effect as if included in this Act, except that the Secretary is authorized to correct clerical and typographical errors in such map and description. Such map and description shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior. SEC. 3. ADMINISTRATIVE PROVISIONS. (a)(1) In General.--Subject to valid existing rights, lands designated as wilderness by this Act shall be managed by the Secretary of the Interior in accordance with the Wilderness Act and this Act, except that, with respect to the lands designated as wilderness by this Act, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. (2) Potential Wilderness.-- (A) Definition.--As used in this paragraph, the term ``potential wilderness lands'' means: (i) lands within the boundaries of the areas designated as wilderness by this Act that are identified as ``potential wilderness'' on the map referred to in section 2(a); and (ii) lands and interests therein acquired by the United States on or after the date of enactment of this Act that are located within the boundaries of Rocky Mountain National Park and contiguous with lands designated as wilderness by this Act. (B) Management.--Potential wilderness lands shall be managed as components of the National Wilderness Preservation System upon publication in the Federal Register of a notice by the Secretary of the Interior that all uses thereon inconsistent with the Wilderness Act have ceased. (b) Water Rights.--(1) The Congress finds that, according to decisions of courts of the State of Colorado, the United States has existing rights to substantial quantities of water within Rocky Mountain National Park, and that consequently there is no need for this Act to effect a reservation by the United States of any additional water rights to fulfill the purposes for which the wilderness designations made by this Act are made. (2) Nothing in this Act or any action taken pursuant thereto shall constitute either an express or implied reservation of water or water rights for any purpose. (c) Colorado-Big Thompson Project.-- (1) Existing activities.--Activities on, under, or affecting the lands designated as wilderness by this Act relating to the monitoring, operation, maintenance, repair, replacement, or use of the Colorado-Big Thompson Project and its facilities which were allowed as of June 1, 1998, shall be allowed to continue, and shall not be affected by the designation of such lands as wilderness. (2) New activities.--In addition to the activities described in paragraph (1), any other activities on, under, or affecting the lands designated as wilderness by this Act that are necessary to respond to catastrophic events or emergencies and that affect the continued operation, maintenance, repair, replacement or use of the Colorado-Big Thompson Project and its facilities shall be allowed, subject to reasonable restrictions established by the Secretary of the Interior in order to protect the wilderness values of such lands; Provided, however, That any such restrictions shall not permanently reduce the water supply capability of the Colorado-Big Thompson Project or the Windy Gap Project. (3) Other projects.--Nothing in section 1 of the Act of January 26, 1915 (16 U.S.C. 191; 38 State. 798) shall be construed to permit development within the lands designated as wilderness by this Act of any reclamation project not in existence on the date of enactment of this Act. (d) Exclusions.--(1) Boundaries for the wilderness and potential wilderness areas designated by this Act specifically exclude-- (A) the Grand Ditch (including both the main canal of the Grand Ditch and a branch thereof known as the Specimen Ditch) and its right-of-way as well as associated appurtenances, structures, buildings, camps, and work sites in existence as of June 1, 1998; and (B) lands owned by the St. Vrain & Left Hand Water Conservancy District, including Copeland Reservoir and the inlet ditch to such reservoir from the North St. Vrain Creek, amounting to approximately 35.38 acres. (2) Nothing in this Act shall affect management or use of any lands not included within the boundaries of the areas designated as wilderness or potential wilderness by this Act. (e) No Buffer Zones.--Congress does not intend that the designation by this Act of wilderness areas in the State of Colorado creates or implies the creation of protective perimeters or buffer zones around any wilderness area. The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area.

Rocky Mountain National Park Wilderness Act of 1998 - Designates certain lands in Rocky Mountain National Park, Colorado, as components of the National Wilderness Preservation System, which shall be known as the Rocky Mountain National Park Wilderness. Provides that activities on, under, or affecting the lands designated as wilderness by this Act relating to the monitoring, operating, maintenance, repair, replacement, or use of the Colorado- Big Thompson Project (Project) and its facilities which were allowed as of June 1, 1998, shall be allowed to continue, and shall not be affected by the designation of such lands as wilderness. Allows any other activities necessary to respond to catastrophic events or emergencies and affecting continued use of such Project and its facilities, subject to reasonable restrictions established by the Secretary of the Interior to protect the wilderness values of such lands that will not permanently reduce the water supply capability of the Project or the Windy Gap Project.

Rocky Mountain National Park Wilderness Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hazard Mitigation For All Act of 2009''. SEC. 2. IN GENERAL. Title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended by adding at the end the following: ``SEC. 37. HAZARD MITIGATION FOR ALL GRANT PROGRAM. ``(a) Purposes.--The purpose of this section is to provide grant assistance to public housing agencies for activities to-- ``(1) protect the lives of residents of public and assisted housing by mitigating in advance against natural disasters; and ``(2) improve the resilience of resident-inhabited residential structures to withstand storms and other natural disasters, through restoration, reconstruction, replacement, or retrofit initiatives in advance of such storms and disasters. ``(b) Grant Authority.--To the extent amounts for grants under this section for a fiscal year are made available in advance in appropriations Acts, the Secretary shall make grants under this section to public housing agencies that have submitted applications for such grants which have been selected pursuant to subsection (h). ``(c) Eligible Public Housing Agencies.--A grant under this section may be provided only to a public housing agency that-- ``(1) administers one or more public housing projects; ``(2) provides project-based housing assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) for any rental housing project; ``(3) administers a program for tenant-based rental housing assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); or ``(4) administers a program for tenant-based rental housing assistance for the elderly, persons with disabilities, or the homeless. ``(d) Eligible Activities.--Grants under this section may be used only for predisaster activities for hazard mitigation that benefit residents of the assisted housing of the public housing agency that is the grantee, which shall include the following: ``(1) Improving the strength of roof deck attachments. ``(2) Creating a secondary water barrier to prevent water intrusion. ``(3) Installing coverings to reduce leakage in the event hurricane-force winds remove roof shingles. ``(4) Improving the survivability of the roof covering. ``(5) Bracing gable-ends in roof framing. ``(6) Reinforcing roof-to-wall connections. ``(7) Upgrading exterior wall openings with protections to resist hurricane-force winds. ``(8) Replacing storm shutters, exterior doors, windows, and garage doors. ``(9) Adding anchor bolts or steel plates between the property and the foundation. ``(10) Bracing the inside of any short wood-stud wall between the top of the foundation wall and the first floor (known as a cripple wall) with sheathing for added protection against an earthquake. ``(11) Any other activities as the Secretary may determine that improve the storm resilience of assisted housing through restoration, reconstruction, replacement, or retrofit. ``(e) Matching Requirement.-- ``(1) In general.--Except as provided in paragraph (3), each public housing agency that receives a grant under this section shall provide, from sources other than a grant under this section, an amount equal to not less than 25 percent of the total funds necessary to complete an activity funded under this section. ``(2) Supplemental funds.--For purposes of paragraph (1), funds from other Federal sources, funds from any State or local government source, any private contributions, and any in-kind contributions available to comply with this subsection shall be considered funds from sources other than a grant under this section. ``(3) Adjustment.--The Secretary may consider the severity and frequency of storms in the area for which the public housing agency has jurisdiction in determining the percentage of contribution required under paragraph (1). ``(f) Requirements.--Amounts from a grant under this section-- ``(1) shall be used only to provide eligible activities for real property that is assisted housing; ``(2) shall be used to provide eligible activities only for residents of assisted housing whose family incomes do not exceed 80 percent of the median income for the area; ``(3) may be used for eligible activities that result in displacement of assisted residents only if accommodations are provided for such assisted residents during such period of displacement that are-- ``(A) similar to the existing assisted housing of the resident; ``(B) located in a community comparable to the existing housing of the resident; and ``(C) a reasonable distance from the existing housing of the resident. ``(g) Requirements for Assistance to Private Owners of Assisted Housing.--A public housing agency receiving a grant under this section may not provide grant amounts to an owner of assisted housing that is not public housing unless the owner of the assisted housing agrees to make the assisted housing units that are designated at the time of the grant award available for occupancy, during the 5-year period beginning upon the initial receipt of any funds from a grant under this section, through an occupancy preference, in accordance with reasonable admissions screening criteria developed by the public housing agency, to families who are eligible for rental assistance under section 8. ``(h) Applications and Selection Criteria.-- ``(1) Applications.--The Secretary shall provide for public housing agencies to submit applications for a grant under this section through the Office of Multifamily Housing Programs and shall require, to be eligible for a grant for any fiscal year, that an application be submitted not later than June 30 of the fiscal year preceding the fiscal year of grant award. Such Office shall establish such applications in consultation with the Administrator of the Federal Emergency Management Agency. ``(2) Selection criteria.--The Office of Multifamily Housing Programs shall establish criteria for the selection of applications by public housing agencies for grants under this section, which shall consider the following factors: ``(A) The severity and frequency of natural disasters within the area in which eligible activities are to be carried out using grant amounts. ``(B) The size and median age of the assisted resident population within the jurisdiction of the public housing agency applicant. ``(C) The capability of the public housing agency applicant to administer the grant funds. ``(D) The nature and effectiveness of the eligible activities to be carried out using the grant amounts. ``(E) The long-term viability of the hazard mitigation improvements for which the grant amounts will be used. ``(F) Whether energy efficient methods (such as energy efficient storm windows) will be used in the hazard mitigation improvements for which grant amounts will be used. ``(G) The efforts the public housing agency has made to publicize the importance of hazard mitigation to local owners of assisted housing. ``(H) The extent of commitment by the public housing agency to support ongoing non-Federal hazard mitigation measures. ``(I) The ability of the public housing agency to maintain eligible activities funded with grant amounts. ``(i) Allocation of Funds.-- ``(1) Competitive program.--Grants from amounts made available under this section shall be awarded on a competitive basis subject to the criteria specified in subsection (h)(2) and regulations issued by the Secretary. ``(2) Maximum amount.--Of any amounts made available for any fiscal year for grants under this section, not more than 15 percent may be provided to any single public housing agency. ``(j) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) Assisted housing.--The term `assisted housing' means, with respect to a public housing agency-- ``(A) any public housing administered by the agency; ``(B) any housing for which project-based rental assistance is provided by the agency; and ``(C) any housing occupied by a family for whom the agency provides tenant-based rental assistance and for rental of which such family uses such rental assistance. ``(2) Assisted resident.--The term `assisted resident' means-- ``(A) a resident of public housing; ``(B) a resident of assisted housing described in paragraph (1)(B) who resides in a dwelling unit for which such project-based rental assistance is provided; or ``(C) a family described in paragraph (1)(C). ``(3) Eligible activities.--The term `eligible activities' means activities that, pursuant to subsection (d), may be funded with amounts from a grant under this section. ``(k) Funding.--There is authorized to be appropriated to carry out this section, $50,000,000 for each of fiscal years 2010 through 2013, to remain available until expended. ``(l) Regulations.--The Secretary shall issue any regulations necessary to carry out this section.''.

Hazard Mitigation For All Act of 2009 - Amends the United States Housing Act of 1937 to require the Secretary of Housing and Urban Development (HUD) to make grants, on a competitive basis, to eligible public housing agencies (PHAs) for 75% of the cost of predisaster hazard mitigation activities benefiting assisted housing residents. Limits the use of such grants to eligible activities for residents of assisted housing whose family incomes do not exceed 80% of the area median income. Authorizes eligible activities that result in displacement of assisted residents only if accommodations provided for them during the period of displacement are similar to their existing assisted housing, located in a comparable community, and only a reasonable distance from it. Prescribes requirements for assistance to private owners of assisted housing.

To amend the United States Public Housing Act of 1937 to establish a predisaster mitigation program to benefit public and assisted housing residents, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Childcare Partnership Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Each day an estimated 13,000,000 children spend some part of their day in child care. (2) 54 percent of mothers with children between the ages of 0 and 3 years are in the work force. Labor force participation rises to 63 percent for mothers with children under 6 years of age. (3) Every day 3 out of 5 preschoolers go to child care centers or homes while their parents work. (4) The number of single-parent households and 2-parent households in which the single parent or both parents work is increasing significantly. (5) The availability of child care that is reliable, convenient, and affordable helps parents to reach and maintain self-sufficiency and is essential to making the transition from welfare to work. (6) Only an estimated 1 out of 10 eligible families receive assistance in paying for child care from Federal funds. (7) Full-day child care can cost between $4,000 and $9,000 per year. (8) In many instances, high quality child care services cost little more than mediocre child care services. An investment of only an additional 10 percent has been found to have a significant impact on the quality of child care services. (9) Children placed in poor quality child care settings have been found to have delayed language and reading skills, as well as increased aggressive behavior toward other children and adults. (10) School based child care may utilize existing resources such as art supplies, sports equipment, musical instruments, and playgrounds to provide quality programs. SEC. 3. SENSE OF THE CONGRESS REGARDING LOCAL EDUCATION AGENCIES THAT CARRY OUT QUALIFIED SCHOOL-BASED CHILD CARE PROGRAMS. It is the sense of the Congress that local education agencies that carry out qualified school-based child care programs should seek to become accredited child care centers and seek to hire credentialed child care professionals. SEC. 4. GRANTS TO STATES FOR SCHOOL-BASED CHILD CARE. Part A of title IV of the Social Security Act (42 U.S.C. 601-619) is amended by inserting after section 418 the following: ``SEC. 418A. GRANTS TO STATES FOR SCHOOL-BASED CHILD CARE. ``(a) Application.-- ``(1) In general.--A State desiring to receive a grant under this section shall submit to the Secretary, at such time and in such manner as the Secretary shall by regulation require, an application that-- ``(A) includes an assurance that the State will use any grant made to the State under this section to provide funds to local education agencies for the purpose of establishing qualified school-based child care programs; ``(B) includes an assurance that a local education agency that receives funds provided to the State under this section will comply with subsection (e)(1); ``(C) includes evidence that parents, schools, employers, State and local government agencies, and child care agencies, including resource and referral agencies, have collaborated in the preparation of the application; or ``(D) includes a State plan that-- ``(i) meets the requirements of section 658E(c)(2) of the Child Care and Development Block Grant Act of 1990, with respect to grant funds provided to the State under this section; and ``(ii) is designed to be implemented during a 2-year period; and ``(F) contains such additional information as the Secretary shall by regulation require. ``(2) Approval.--The Secretary shall approve an application that meets the requirements of paragraph (1). ``(b) Entitlement.--A State whose application submitted under subsection (a) for a 2-year period is approved by the Secretary shall be entitled to receive from the Secretary a grant for each year in the period, in an amount determined under subsection (c), in lieu of any other grant to which the State may be entitled under this section. ``(c) Amount of Grant.-- ``(1) Allotments to states.--After making the reservation described in subsection (d) of this section, the total amount available for grants under this section for a fiscal year shall be allotted among the States with applications approved under subsection (a) of this section, in the manner provided for in section 418(a)(2)(B). ``(2) Redistribution.--Section 418(a)(2)(D) shall apply to amounts allotted under paragraph (1) of this subsection. ``(d) Indian Tribes.--The Secretary shall reserve not less than 1 percent, and not more than 2 percent, of the aggregate amount appropriated to carry out this section for each fiscal year for payments to Indian tribes and tribal organizations. ``(e) Use of Funds.-- ``(1) In general.--A State to which a grant is made under this section shall provide the grant funds to local education agencies, which shall use the grant only-- ``(A) to operate, directly or by contract or agreement, qualified school-based child care programs that serve children eligible for assistance under the Child Care and Development Block Grant Act of 1990, but do not necessarily limit their enrollment to such children; ``(B) to hire and train persons to provide child care services in school-based child care programs; ``(C) to construct, expand, or rehabilitate facilities for use as school-based child care programs; or ``(D) to cover costs of administering the grant, except that not more than 1 percent of the grant funds provided to any such agency may be used to cover such costs. ``(2) Coordination with programs under the child care and development block grant act of 1990.--A State to which a grant is made under this section shall ensure that the grant funds are expended in coordination with the programs established by the State under the Child Care and Development Block Grant Act of 1990. ``(3) Maintenance of effort.--A State to which a grant is made under this section shall use the grant funds to supplement and not supplant other Federal, State, and local funds provided for programs that serve the health and developmental needs of children. ``(4) Availability of funds.--Amounts provided to a State under this section shall be available for use by the State without fiscal year limitation. ``(f) Appropriation.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for grants under this section $250,000,000 for each of fiscal years 1999 through 2002. ``(g) Definitions.--In this section: ``(1) Local education agency.--The term `local education agency' has the meaning given such term in the Elementary and Secondary Education Act of 1965. ``(2) Qualified school-based child care program.--The term `qualified school-based child care program' means a program-- ``(A) the principal use of which is to provide all- day care for children who have not attained 7 years of age, and, at State option; ``(B) which is located either in a school structure or on the grounds of a school; ``(C) which meets all applicable requirements of State and local laws and regulations, including those relating to the licensing of facilities in which child care assistance is to be provided as a child care facility; and ``(D) the costs of the child care programs of which are determined on a sliding fee scale (within the meaning of section 658P(12) of the Child Care and Development Block Grant Act of 1990). ``(3) State.--The term `State' means each of the 50 States and the District of Columbia.''.

Education Childcare Partnership Act - Expresses the sense of the Congress that local education agencies (LEAs) that carry out qualified school-based child care programs should seek to: (1) become accredited child care centers; and (2) hire credentialed child care professionals. Amends part A (Temporary Assistance for Needy Families) of title IV of the Social Security Act to establish a program of grants to States for school-based child care. Sets forth grant application and allotment requirements. Reserves a portion of program funds for Indian tribes. Requires recipient States to: (1) provide such grant funds to LEAs for specified uses; (2) ensure that such funds are expended in coordination with State- established programs under the Child Care and Development Block Grant Act of 1990; and (3) use such funds to supplement and not supplant other Federal, State, and local funds provided for programs that serve the health and developmental needs of children. Makes appropriations for such grants for FY 1999 through 2002.

Education Childcare Partnership Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Telephone Billing Act of 2012''. SEC. 2. FINDINGS. Congress makes the following findings: (1) For years, telephone users have complained that their wireline telephone bills included unauthorized third-party charges. (2) This problem, commonly referred to as ``cramming'', first appeared in the 1990s, after wireline telephone companies opened their billing platforms to an array of third-party vendors offering a variety of services. (3) Since the 1990s, the Federal Communications Commission, the Federal Trade Commission, and State attorneys general have brought multiple enforcement actions against dozens of individuals and companies for engaging in cramming. (4) An investigation by the Committee on Commerce, Science, and Transportation of the Senate confirmed that cramming is a problem of massive proportions and has affected millions of telephone users, costing them billions of dollars in unauthorized third-party charges over the past decade. (5) The Committee showed that third-party billing through wireline telephone numbers has largely failed to become a reliable method of payment that consumers and businesses can use to conduct legitimate commerce. (6) Telephone companies regularly placed third-party charges on their customers' telephone bills without their customers' authorization. (7) Many companies engaged in third-party billing were illegitimate and created solely to exploit the weaknesses in the third-party billing platforms established by telephone companies. (8) In the last decade, millions of business and residential consumers have transitioned from wireline telephone service to interconnected VoIP service. (9) Users of interconnected VoIP service often use the service as the primary telephone line for their residences and businesses. (10) Users of interconnected VoIP service that have telephone numbers through the service should be protected from the same vulnerabilities that affected third-party billing through wireline telephone numbers. (11) In increasing numbers, wireless users are making the same complaints that wireline telephone users have been making since the 1990s. (12) Wireless users are reporting unauthorized third-party charges on their wireless bills for services they did not enroll in. SEC. 3. UNAUTHORIZED THIRD-PARTY CHARGES. (a) In General.--Section 258 of the Communications Act of 1934 (47 U.S.C. 258) is amended-- (1) by amending the heading to read as follows: ``sec. 258. preventing illegal changes in subscriber carrier sections and unauthorized third-party charges.''; and (2) by adding at the end the following: ``(c) Prohibition.-- ``(1) In general.--No local exchange carrier or provider of interconnected VoIP service shall place a third-party charge that is not directly related to the provision of telephone services on the bill of a customer, unless-- ``(A) the third-party charge is from a certified third-party vendor; ``(B) the third-party charge is for a product or service that a local exchange carrier or provider of interconnected VoIP service jointly markets or jointly sells with its own service; ``(C) the customer affirmatively consented to the placement of the third-party charge on the bill; and ``(D) the local exchange carrier or provider of interconnected VoIP service has a good faith reason to believe that the third-party charge is for a product or service requested by the customer. ``(2) Forfeiture.--Any person who commits a violation under paragraph (1) shall be subject to a civil forfeiture, which shall be determined in accordance with section 503, except that the amount of the penalty shall be double the otherwise applicable amount of the penalty under section 503. ``(3) Definitions.--In this subsection: ``(A) Certified third-party vendor.--The term `certified third-party vendor' means a person that has a contractual right to receive billing and collection services from a local exchange carrier or a provider of interconnected VoIP service. ``(B) Third-party charge.--The term `third-party charge' means a charge for a product or service not provided by a local exchange carrier or a provider of interconnected VoIP service that is included on a bill for the services the local exchange carrier or provider of interconnected VoIP service offers to its customers.''. (b) Rulemaking.--Not later than 90 days after the date of enactment of this Act, the Federal Communications Commission shall prescribe any rules necessary to implement the provisions of this section. (c) Effective Date.--The Federal Communications Commission shall prescribe that any rule adopted under subsection (b) shall become effective not later than 1 year after the date of enactment of this Act. SEC. 4. THIRD-PARTY CHARGES ON WIRELESS BILLS. The Federal Communications Commission, in consultation with the Federal Trade Commission, shall promulgate, not later than 180 days after the date of enactment of this Act, rules to protect consumers from unauthorized third-party charges on wireless bills. The Federal Communications Commission, in promulgating the rules, shall-- (1) ensure that a provider of wireless services gives each customer of wireless services the means to avoid receiving third-party charges on the wireless customer's wireless bill and clearly and conspicuously discloses this option to the wireless customer; (2) establish procedures for a provider of wireless services to follow to ensure that third-party charges placed on a wireless customer's wireless bill have been authorized by the wireless customer; and (3) establish procedures to enable a wireless customer to seek and receive, directly from the provider of wireless services, reimbursement for any unauthorized third-party charges in a timely manner.

Fair Telephone Billing Act of 2012 - Amends the Communications Act of 1934 to prohibit local exchange carriers or providers of interconnected VoIP (Voice over Internet Protocol) service from placing a third-party charge that is not directly related to the provision of telephone services on the bill of a customer, unless the third-party charge is: (1) from a certified third-party vendor, (2) for a product or service that the carrier or provider markets or sells jointly with its own service, and (3) consented to and believed to be requested by the customer. Defines a "third-party charge" as a charge for a product or service not provided by a local exchange carrier or a provider of interconnected VoIP service that is included on a bill for the services the local exchange carrier or provider of interconnected VoIP service offers to its customers. Subjects violators to civil forfeiture and specified penalties. Directs the Federal Communications Commission (FCC) to promulgate rules to: (1) ensure that a provider of wireless services gives each customer the means to avoid receiving third-party charges on the wireless customer's wireless bill and discloses such an option clearly and conspicuously, (2) establish procedures for such a provider to ensure that third-party charges have been authorized by the wireless customer; and (3) enable a wireless customer to seek and receive reimbursement from the provider for any unauthorized third-party charges.

A bill to prohibit unauthorized third-party charges on wireline telephone bills, and for other purposes.

SECTION 1. INFORMATION SHARING. (a) Purposes.--The purposes of this section are-- (1) to establish continuing liaison and to provide for supply chain security cooperation between Department of Homeland Security and the private sector; and (2) to provide for regular and timely interchange of information between the private sector and the Department concerning developments and security risks in the supply chain environment. (b) Secure System.--Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall develop a secure electronic data interchange system to collect from and share appropriate risk information related to securing the supply chain with the private sector entities determined appropriate by the Secretary. (c) Consultation.--In developing the system under subsection (b), the Secretary shall consult with the Commercial Operations Advisory Committee and a broad range of public and private sector entities likely to utilize the system, including importers, exporters, carriers, customs brokers, and freight forwarders, among other parties. (d) Procedures.--The Secretary shall establish uniform procedures for the receipt, care, and storage of supply chain security information that is voluntarily submitted to the Department through the system developed under subsection (b). (e) Limitations.--The voluntary information collected through the system developed under subsection (b) shall be used exclusively for ensuring security and shall not be used for determining entry or for any other commercial enforcement purpose. The voluntary information submitted to the Department through the system developed under subsection (b) shall not be construed to constitute compliance with any requirement to submit such information to a Federal agency under any other provision of law. (f) Participants.--The Secretary shall develop protocols for determining appropriate private sector personnel who shall have access to the system developed under subsection (b). Such personnel shall include designated security officers within companies that are determined to be low risk through participation in the Customs-Trade Partnership Against Terrorism program administered by U.S. Customs and Border Protection. (g) Confidentiality.--Notwithstanding any other provision of law, information that is voluntarily submitted by the private sector to the Department through the system developed under subsection (b)-- (1) shall be exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act); (2) shall not, without the written consent of the person or entity submitting such information, be used directly by the Department or a third party, in any civil action arising under Federal or State law if such information is submitted in good faith; and (3) shall not, without the written consent of the person or entity submitting such information, be used or disclosed by any officer or employee of the United States for purposes other than the purposes of this section, except-- (A) in furtherance of an investigation or other prosecution of a criminal act; or (B) when disclosure of the information would be-- (i) to either House of Congress, or to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee thereof or subcommittee of any such joint committee; or (ii) to the Comptroller General, or any authorized representative of the Comptroller General, in the course of the performance of the duties of the Comptroller General. (h) Independently Obtained Information.--Nothing in this section shall be construed to limit or otherwise affect the ability of a Federal, State, or local, government entity, under applicable law, to obtain supply chain security information, including any information lawfully and properly disclosed generally or broadly to the public and to use such information in any manner permitted by law. (i) Penalties.--Whoever, being an officer or employee of the United States or of any department or agency thereof, knowingly publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law, any supply chain security information protected in this section from disclosure, shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both, and shall be removed from office or employment. (j) Authority to Issue Warnings.--The Secretary may provide advisories, alerts, and warnings to relevant companies, targeted sectors, other governmental entities, or the general public regarding potential risks to the supply chain as appropriate. In issuing a warning, the Secretary shall take appropriate actions to protect from disclosure-- (1) the source of any voluntarily submitted supply chain security information that forms the basis for the warning; and (2) information that is proprietary, business sensitive, relates specifically to the submitting person or entity, or is otherwise not appropriately in the public domain. (k) Definitions.--In this section: (1) Department.--The term ``Department'' means the Department of Homeland Security. (2) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security.

Directs the Secretary of Homeland Security to: (1) develop a secure electronic data interchange system to collect from and share risk information related to securing the supply chain with appropriate private sector entities; (2) establish uniform procedures for the receipt, care, and storage of supply chain security information that is voluntarily submitted to the Department of Homeland Security (DHS) through the system; and (3) develop protocols for determining appropriate private sector personnel who shall have access to the system, including designated security officers within companies determined to be low risk through participation in the U.S. Customs and Border Protection's Customs-Trade Partnership Against Terrorism program. Restricts the use and disclosure of such voluntarily submitted information and sets penalties for unauthorized disclosure by federal officers or employees. Authorizes the Secretary to provide warnings to relevant companies, targeted sectors, other governmental entities, or the general public regarding potential risks to the supply chain.

To provide for supply chain security cooperation between Department of Homeland Security and the private sector, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senate Family Leave Act''. SEC. 2. PAID LEAVE FOR LEGISLATIVE BRANCH EMPLOYEES. Section 202 of the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is amended-- (1) in subsection (a)-- (A) by striking paragraph (2); and (B) by inserting after paragraph (1) the following: ``(2) Paid leave following birth.-- ``(A) Leave following birth to assist in employee's recovery.--Leave granted under paragraph (1) in accordance with section 102(a)(1)(D) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(D)) to an employee who gives birth shall include paid leave for a contiguous period immediately following the birth, to assist in the employee's recovery. The employee shall be entitled to the paid leave for 7 contiguous workweeks, or for such lesser amount of leave time as is available to the employee under paragraph (1). ``(B) Leave following birth generally.--Leave granted under paragraph (1) in accordance with section 102(a)(1)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(A)) to an employee because of the birth of a son or daughter of the employee shall include paid leave. The employee shall be entitled to the paid leave for 1 workweek, or for such lesser amount of leave time as is available to the employee under paragraph (1). ``(3) Paid leave following placement for adoption or foster care.--Leave granted under paragraph (1) in accordance with section 102(a)(1)(B) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)(B)) to an employee because of the placement of a son or daughter with the employee for adoption or foster care shall include paid leave. The employee shall be entitled to the paid leave for 1 workweek, or for such lesser amount of leave time as is available to the employee under paragraph (1). ``(4) Definitions.--For purposes of this subsection, including the application described in paragraph (1)-- ``(A) the term `employer' as used in the Family and Medical Leave Act of 1993 means any employing office headed by a person with the final authority described in section 101(9)(C), concerning a covered employee who is not an employee of the House of Representatives; and ``(B) the term `eligible employee' as used in the Family and Medical Leave Act of 1993, and the term `employee' as used in paragraphs (2) and (3), means a covered employee (who is not an employee of the House of Representatives) who has been employed in any employing office for 12 months and for at least 1,250 hours of employment during the previous 12 months.''; (2) in subsection (c), by adding at the end the following: ``(3) Paid leave.-- ``(A) In general.--Paragraphs (2) and (3) of subsection (a) shall apply to-- ``(i) the Government Accountability Office and each employee of that office who has been employed by that office as described in subsection (a)(4)(B); and ``(ii) the Library of Congress and each employee of that office who has been employed by that office as described in subsection (a)(4)(B). ``(B) Regulations.--The Comptroller General of the United States and the Librarian of Congress shall issue regulations to implement the rights and protections established under this paragraph.''; and (3) in subsection (d)-- (A) in paragraph (1), by inserting ``(other than subsection (c))'' before the period; and (B) in paragraph (2), by inserting ``The'' and inserting ``Except with regard to regulations issued to implement paragraphs (2) and (3) of subsection (a), the''. SEC. 3. RESPONSIBLE PARENTING LEAVE FOR LEGISLATIVE BRANCH EMPLOYEES. The Congressional Accountability Act of 1995 is amended by inserting after section 202 (2 U.S.C. 1312) the following: ``SEC. 202A. RIGHTS AND PROTECTIONS RELATING TO RESPONSIBLE PARENTING LEAVE. ``(a) Responsible Parenting Leave Rights and Protections Provided.-- ``(1) Definitions.--For purposes of this subsection, including the application described in paragraph (4)-- ``(A) the term `employer' as used in the Family and Medical Leave Act of 1993 means any employing office headed by a person with the final authority described in section 101(9)(C) concerning a covered employee who is not an employee of the House of Representatives; ``(B) the term `eligible employee' as used in the Family and Medical Leave Act of 1993, and the term `employee' as used in this subsection, means a covered employee (who is not an employee of the House of Representatives) who has been employed in any employing office for 12 months and for at least 1,250 hours of employment during the previous 12 months; and ``(C) the term `son or daughter' has the meaning given the term in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611). ``(2) Responsible parenting leave rights and protections.-- ``(A) In general.--In addition to any leave provided under section 202, an employee shall be entitled to a total of 8 hours of paid leave, which may be taken intermittently during any 12-month period, to accompany the employee's son or daughter to-- ``(i) a medical or dental appointment; ``(ii) an appointment with a teacher or other official of the son's or daughter's school; or ``(iii) a school function of the son's or daughter's school. ``(B) Multiple children.--Subparagraph (A) applies separately to each son or daughter of an employee. ``(3) Notice and certification.-- ``(A) Notice.--In any case in which the necessity for leave under paragraph (2) is foreseeable, the employee shall provide the employing office with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such paragraph. If the necessity for the leave is not foreseeable, the employee shall provide such notice as is practicable. ``(B) Certification.--An employing office may require that a request for leave under paragraph (2) be supported by a certification issued at such time and in such manner as the Board may by regulation prescribe. ``(4) Employment and benefits protection and prohibited acts.--The rights and protections established by subsections (a) (other than paragraph (4)) and (c)(1) of section 104 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614) shall apply to employees with respect to leave under paragraph (2). For purposes of the application described in this paragraph, references in that section 104 to leave shall be considered to be references to leave under paragraph (2). ``(b) Remedy.--The remedy for a violation of subsection (a) shall be such remedy, including liquidated damages, as would be appropriate if awarded under paragraph (1) of section 107(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2617(a)(1)). ``(c) Application to Government Accountability Office and Library of Congress.-- ``(1) In general.--Subsections (a) and (b) shall apply to-- ``(A) the Government Accountability Office and each employee of that office who has been employed by that office as described in subsection (a)(1)(B); and ``(B) the Library of Congress and each employee of that office who has been employed by that office as described in subsection (a)(1)(B). ``(2) Regulations.--The Comptroller General of the United States and the Librarian of Congress shall issue regulations to implement the rights and protections established under this subsection. ``(d) Regulations.--The Board shall, pursuant to section 304, issue regulations to implement the rights and protections under this section (other than subsection (c)).''.

Senate Family Leave Act - Amends the Congressional Accountability Act of 1995 (CAA) to entitle a covered legislative branch employee, other than an employee of the House of Representatives, and in accordance with the Family and Medical Leave Act of 1993 (FMLA), to paid leave of: (1) eight weeks for giving birth; (2) at least five days for a father (or partner) for the birth of a child; (3) at least five days for adopting a child or taking it into foster care; and (4) eight hours during any 12-month period to accompany a child to medical or school appointments. Applies such leave separately for each child of the employee. Extends certain FMLA employment and benefits protections to such an employee. Prescribes a remedy for any violation of such protections. Applies the paid leave requirements of this Act to the Government Accountability Office (GAO), the Library of Congress, and each of their employees who has met certain length of employment requirements.

A bill to amend the Congressional Accountability Act of 1995 to provide for 8 weeks of paid leave for Senate employees giving birth, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Growing Safe Food Act of 2009''. SEC. 2. NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION, OUTREACH, AND TECHNICAL ASSISTANCE PROGRAM. (a) In General.--Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 is amended by inserting after section 404 (7 U.S.C. 7624) the following: ``SEC. 405. NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION, OUTREACH, AND TECHNICAL ASSISTANCE PROGRAM. ``(a) Definitions.--In this section: ``(1) Agricultural producer group.--The term `agricultural producer group' means a group-- ``(A) the mission of which includes working on behalf of agricultural producers, grower-shippers, packers, distributors, and processors; and ``(B) a majority of the membership and board of directors of which are agricultural producers, grower- shippers, packers, distributors, and processors. ``(2) Beginning farmer.--The term `beginning farmer' means a farmer who, as determined by the Secretary-- ``(A) has not operated a farm or who has operated a farm for not more than 10 years; ``(B) materially and substantially participates in the operation of the farm; and ``(C) provides substantial day-to-day labor and management of the farm. ``(3) Conservation systems.--The term `conservation systems' means conservation practices, activities, and management measures that are based on local resource conditions and the standards and guidelines contained in the Natural Resources Conservation Service field office technical guides. ``(4) Market value of agricultural products.--The term `market value of agricultural products' means gross income derived from-- ``(A) the production of agricultural commodities and unfinished raw forestry products; ``(B) the production of livestock and products produced by, or derived from, livestock; ``(C) the production of farm-based renewable energy; ``(D) the processing, packing, storing, and transporting of farm and forestry commodities, including renewable energy; ``(E) the feeding, rearing, or finishing of livestock (exclusive of the cost or other basis of livestock purchased for resale); and ``(F) any other similar market activity related to farming or forestry, as determined by the Secretary. ``(5) National integrated food safety initiative.--The term `national integrated food safety initiative' means the integrated research, education, and extension competitive grants program carried out under section 406. ``(6) Small and medium-sized farm.--The term `small and medium-sized farm' means a farm on which the market value of agricultural products, averaged over the most recent 3-year period for which data are available (including the market value generated by all of the individuals or legal entities that operate or have an ownership interest in the farm) does not exceed $1,000,000. ``(7) Small food processors.--The term `small food processor' has the meaning given the term by the Secretary. ``(8) Small fruit and vegetable merchant wholesaler.--The term `small fruit and vegetable merchant wholesaler' has the meaning given the term by the Secretary. ``(9) Socially disadvantaged farmer.--The term `socially disadvantaged farmer' has the same meaning given the term `socially disadvantaged farmer or rancher' in section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e)) with respect to a farmer. ``(10) Sustainable agriculture.--The term `sustainable agriculture' has the meaning given the term in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103). ``(b) Establishment.-- ``(1) In general.--The Secretary shall establish a competitive grant program to provide food safety training, education, extension, outreach, and technical assistance to-- ``(A) owners and operators of farms; ``(B) small food processors; and ``(C) small fruit and vegetable merchant wholesalers. ``(2) Applicability.--Food safety training, education, extension, outreach, and technical assistance provided under this section shall relate only to foods under the authority of the Commissioner of Food and Drugs and not to foods under the authority of the Secretary. ``(3) Integrated approach.--To the maximum extent practicable, the Secretary shall carry out the program under this section in a manner that integrates food safety standards and guidance with sustainable agriculture and conservation systems. ``(4) Priority.--In awarding grants under this section, the Secretary shall give priority to projects that target small and medium-sized farms, small processors, and small fresh fruit and vegetable merchant wholesalers. ``(5) Coordination.-- ``(A) In general.--The Secretary shall coordinate implementation of the program under this section with the national integrated food safety initiative. ``(B) Interaction.--The Secretary shall-- ``(i) in carrying out the program under this section, take into consideration applied research, education, and extension results obtained from the national integrated food safety initiative; and ``(ii) in determining the applied research agenda for the national integrated food safety initiative, take into consideration the needs articulated by the user community served by projects funded by the program under this section. ``(c) Grants.-- ``(1) In general.--In carrying out this section, the Secretary shall make competitive grants to support training, education, extension, outreach, and technical assistance projects to increase understanding and implementation of food safety standards, guidance, and protocols developed under chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.), including, as appropriate to the targeted customer group-- ``(A) good agricultural practices; ``(B) good handling practices; ``(C) good manufacturing practices; ``(D) produce safety standards; ``(E) risk analysis and preventative control mechanisms, ``(F) sanitation standard operating procedures; ``(G) safe packaging and storage systems; ``(H) recordkeeping for product sourcing and sales, including traceability standards if relevant; ``(I) food safety audits and certification; and ``(J) other similar activities, as determined by the Secretary. ``(2) Encouraged features.--The Secretary shall encourage projects carried out using grant funds under this section to include features that provide training, education, extension, outreach, and technical assistance in sustainable agriculture and conservation systems. ``(3) Organic agriculture.--The Secretary may make grants under this section to projects that target farms that have, or are transitioning to, certified organic production under the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.). ``(4) Maximum term and size of grant.-- ``(A) In general.--A grant under this section shall-- ``(i) have a term that is not more than 3 years; and ``(ii) be in an amount that is not more than $600,000 each year. ``(B) Consecutive grants.--An eligible recipient may receive consecutive grants under this section. ``(d) Grant Eligibility.-- ``(1) In general.--To be eligible for a grant under this section, the recipient shall be-- ``(A) a State cooperative extension service; ``(B) a Federal, State, local, or tribal agency; ``(C) a nonprofit community-based or nongovernmental organization; ``(D) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) or a foundation maintained by an institution of higher education; ``(E) an agricultural producer group; ``(F) a collaboration of 2 of more eligible recipients described in this subsection; or ``(G) such other appropriate recipient, as determined by the Secretary. ``(2) Multistate partnerships.--Grants under this section may be made for projects involving more than 1 State. ``(e) Project Evaluation Criteria.-- ``(1) In general.--In making grants under this section, the Secretary shall evaluate proposals based on the extent to which the proposed project-- ``(A) demonstrates relevancy, technical merit, and achievability; ``(B) demonstrates knowledge of the goals and requirements of chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) that are directly relevant to the proposed project; ``(C) benefits small and medium-sized farms, small processors, and small fresh fruit and vegetable merchant wholesalers; ``(D) reaches beginning farmers, socially disadvantaged farmers, and underserved geographic areas; ``(E) demonstrates a successful track record in training and outreach programs with the community to be served; ``(F) includes adequate outreach plans; ``(G) demonstrates a capacity to reach a large percentage of eligible participants in the targeted customer group; ``(H) includes adequate plans for a participatory evaluation process and outcome-based reporting; ``(I) leverages cash and in-kind contributions from State, local, and private sources; ``(J) includes substantive, funded collaborations between eligible recipients, including nonprofit community-based or nongovernmental organizations and agricultural producer groups; and ``(K) maximizes other appropriate factors, as determined by the Secretary. ``(2) Regional balance.--In making grants under this section, the Secretary shall, to the maximum extent practicable, ensure-- ``(A) geographic diversity; and ``(B) diversity of types of agricultural production. ``(f) Relationship to Other Programs.-- ``(1) Interagency coordination.--The Secretary shall coordinate implementation of the program under this section with the Secretary of Health and Human Services with respect to food safety standards, guidance, and protocols developed under chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.). ``(2) Consistency.-- ``(A) In general.--Projects funded by this program shall be consistent with-- ``(i) sustainable agriculture; ``(ii) conservation practices (as defined in section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa-1)); and ``(iii) conservation activities (as defined in section 1238D of that Act (16 U.S.C. 3838d)). ``(B) Organic standards.--With respect to certified organic production, projects funded under this section shall be consistent with the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.). ``(g) Reporting Requirements.--The Secretary shall require grant recipients to submit-- ``(1) annual reports; and ``(2) at the completion of the grant period, an evaluation of the project funded under this section. ``(h) Curriculum and Training Material Clearinghouse.--The Secretary may enter into a cooperative agreement with any entity eligible to receive a grant under this section for the purpose of establishing a nationwide online clearinghouse of information relating to the on-farm production, harvesting, packing, transporting, and processing of safe food that makes available educational curricula and training materials and programs that further the purposes of this section. ``(i) Technical Assistance.-- ``(1) In general.--The Secretary may use funds made available under subsection (k) to provide technical assistance to grant recipients to further the purposes of this section. ``(2) Types.--Technical assistance under paragraph (1) may-- ``(A) be in the form of a train-the-trainer program; and ``(B) include or be provided by food safety extension teams of the National Institute of Food and Agriculture. ``(j) Best Practices for State Programs.--Based on evaluations of projects funded under this section, the Secretary shall recommend on an iterative basis a set of best practices and models for food safety training programs for agricultural producers and small food processors. ``(k) Authorization for Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each fiscal year, of which-- ``(1) not more than 3 percent may be used for a curriculum and training materials clearinghouse under subsection (h); ``(2) not more than 10 percent may be used for technical assistance under subsection (i); and ``(3) not more than 4 percent may be used for administrative costs incurred by the Secretary in carrying out this section.''. (b) Integrated Research, Education, and Extension Competitive Grants Program.--Section 406(c) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626(c)) is amended-- (1) by striking ``Grants under'' and inserting the following: ``(1) In general.--Grants under''; and (2) by adding at the end the following: ``(3) Emphasis.--In carrying out the food safety initiative under this section, the Secretary shall emphasize integrated projects that address priority research, education, and extension needs relevant to implementing this Act and other applicable agricultural research laws, including projects that-- ``(A) aid in the development and repeated improvement of food safety standards, guidance, and protocols, including produce standards and guidance; ``(B) analyze on an iterative basis the most critical points of risk in the food system for fresh produce and other raw agricultural commodities; ``(C)(i) determine conservation and biodiversity standards and practices that positively address food safety concerns; and ``(ii) develop education and decision support tools to assist landowners with those standards and practices; ``(D) investigate methods to reduce the impact of animals of significant risk on contamination of food; ``(E) identify low-cost, effective food safety practices for highly diversified agricultural operations; ``(F) develop decision support tools to aid in the effective implementation of whole-farm food safety plans; and ``(G) address other similar topics, as determined by the Secretary.''.

Growing Safe Food Act of 2009 - Amends the Agricultural Research, Extension, and Education Reform Act of 1998 to direct the Secretary of Agriculture to make grants for food safety training, education, extension, outreach, and technical assistance, with respect to foods under the authority of the Commissioner of Food and Drugs (FDA), to: (1) farm owners and operators; (2) small food processors; and (3) small fruit and vegetable merchant wholesalers. Authorizes the Secretary to make grants to farms that have, or are transitioning to, certified organic production.

A bill to amend the Agricultural Research, Extension, and Education Reform Act of 1998 to establish a national food safety training, education, extension, outreach, and technical assistance program for agricultural producers, and for other purposes.

SECTION 1. INCREASE AND EXTENSION OF CREDIT FOR CERTAIN FLEXIBLE FUEL HYBRID VEHICLES. (a) In General.--Subsection (a) of section 30B of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (3), by striking paragraph (4), and by inserting after paragraph (3) the following new paragraphs: ``(4) the new flexible fuel hybrid motor vehicle credit determined under subsection (e), and ``(5) the new qualified alternative fuel motor vehicle credit determined under subsection (f).''. (b) New Flexible Fuel Hybrid Motor Vehicle Credit.--Section 30B of such Code is amended by redesignating subsections (e) through (j) as subsections (f) through (k), respectively, and by inserting after subsection (d) the following new subsection: ``(e) New Flexible Fuel Hybrid Motor Vehicle Credit.-- ``(1) In general.--For purposes of subsection (a), the new flexible fuel hybrid motor vehicle credit determined under this subsection for the taxable year is the credit amount determined under paragraph (2) with respect to a new hybrid flexible fuel motor vehicle placed in service by the taxpayer during the taxable year. ``(2) Credit amount.-- ``(A) In general.--The credit amount determined under this paragraph shall be determined in accordance with the following table: ``In the case of a vehicle the The credit amount is-- city fuel economy of which (expressed as a percentage of the city fuel economy of the comparable vehicle referred to in paragraph (3)(B)) is-- At least 125 percent but less $1,500 than 150 percent. At least 150 percent but less $2,000 than 175 percent. At least 175 percent but less $2,500 than 200 percent. At least 200 percent but less $3,000 than 225 percent. At least 225 percent............ $3,500 ``(B) Fuel economy.--For purposes of subparagraph (A), the city fuel economy of the vehicle for which the credit is being determined shall be determined on a E- 85 ethanol gallon equivalent basis (as determined by the Administrator of the Environmental Protection Agency), and the city fuel economy of the comparable vehicle referred to in paragraph (3)(B) shall be determined on a gasoline gallon equivalent basis (as so determined). ``(3) New flexible fuel hybrid motor vehicle.--For purposes of this subsection, the term `new flexible fuel hybrid motor vehicle' means a new qualified hybrid motor vehicle-- ``(A) which is capable of operating on an alternative fuel, on gasoline, and on any blend thereof, and ``(B) which is certified by the Administrator of the Environmental Protection Agency, in consultation with the manufacturer, to have achieved a city fuel economy using E-85 ethanol which is at least 125 percent of the city fuel economy of a comparable vehicle that is a nonhybrid internal combustion vehicle fueled by gasoline. ``(4) Coordination with new qualified hybrid motor vehicle credit.--Subsection (d) shall not apply to any motor vehicle for which credit is allowed under this subsection.''. (c) Extension of Termination.--Subsection (k) of section 30B of such Code, as redesignated by this section, is amended by striking ``and'' at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following new paragraph: ``(4) in the case of a new flexible fuel hybrid motor vehicle (as described in subsection (e)), December 31, 2014, and''. (d) Vehicles Included in Numeric Limitation.--Paragraph (1) of section 30B(g) of such Code, as redesignated by this section, is amended by striking ``or (d)'' and inserting ``, (d), or (e)''. (e) Conforming Amendments.-- (1) Subparagraph (A) of section 30B(i)(5) of such Code, as redesignated by this section, is amended by striking ``subsection (e)'' and inserting ``subsection (f)''. (2) Paragraph (6) of section 30B(i) of such Code, as redesignated by this section, is amended by striking ``subsection (g)'' and inserting ``subsection (h)''. (3) Subsection (k) of section 30(B) of such Code, as redesignated by this section, is amended-- (A) in paragraph (2), by inserting ``other than a new flexible fuel hybrid motor vehicle described in subsection (e)'' after ``a new qualified hybrid motor vehicle (as described in subsection (d)(2)(A))'', (B) in paragraph (3), by inserting ``other than a new flexible fuel hybrid motor vehicle described in subsection (e)'' after ``a new qualified hybrid motor vehicle (as described in subsection (d)(2)(B))'', and (C) in paragraph (5), as redesignated by this section, by striking ``subsection (e)'' and inserting ``subsection (f)''. (4) Subsection (b) of section 38 of such Code is amended by striking ``section 30B(g)(1)'' and inserting ``section 30B(h)(1)''. (5) Paragraph (36) of section 1016(a) of such Code is amended by striking ``section 30B(h)(4)'' and inserting ``section 30B(i)(4)''. (f) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2006.

Amends the Internal Revenue Code to qualify new flexible fuel hybrid motor vehicles for the alternative motor vehicle tax credit through December 31, 2014. Defines "new flexible fuel hybrid motor vehicle" as a qualified hybrid motor vehicle which is capable of operating on an alternative fuel, on gasoline, and on any blend thereof, and which is certified by the Administrator of the Environmental Protection Agency to have achieved a certain level of city fuel economy using E-85 ethanol fuel.

To amend the Internal Revenue Code of 1986 to increase and extend the alternative motor vehicle credit for certain flexible fuel hybrid vehicles.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle School Technical Education Program Act'' or the ``Middle School STEP Act''. SEC. 2. FINDINGS. (a) Findings.--Congress finds the following: (1) Career and technical education prepares students to be college and career ready by providing core academic, technical, and employability skills. (2) Eighty percent of students taking a college preparatory academic curriculum with rigorous career and technical education courses met college and career readiness goals, compared to 63 percent of students taking the same academic core who did not experience rigorous career and technical education courses. (3) Students concentrating in career and technical education improved their 12th grade National Assessment of Educational Progress scores by 8 points in reading and 11 points in mathematics, while students who took no career and technical education courses did not increase their mathematics scores and only increased reading scores by 4 points. (4) The average high school graduation rate in 2008 for students concentrating in career and technical education programs was 90 percent, compared to the average nationwide high school graduation rate of 75 percent. (5) Partnerships between businesses and educators help adults build academic, technical, and employability skills through education and on-the-job training. SEC. 3. PURPOSE AND DEFINITIONS. (a) Purpose.--The purpose of this Act is to support the development of middle school career exploration programs linked to career and technical education programs of study. (b) Definitions.--In this Act: (1) Career and technical education exploration program.-- The term ``career and technical education exploration program'' means a program that is developed through an organized, systemic framework and is designed to aid students in making informed plans and decisions about future education and career opportunities and enrollment in career and technical education programs of study. (2) Eligible partnership.--The term ``eligible partnership'' means an entity that-- (A) shall include-- (i) not less than 1 local educational agency that receives funding under section 131 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2351), or an area career and technical education school or educational service agency described in such section; (ii) not less than 1 eligible institution that receives funding under section 132 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2352); and (iii) not less than 1 representative of either a local or regional business, industry, nonprofit organization, or apprenticeship program; and (B) may include other representatives of the community, including representatives of parents' organizations, labor organizations, nonprofit organizations, employers, and representatives of local workforce development boards (established under subtitle A of title I of the Workforce Innovation and Opportunity Act). (3) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 4. CAREER EXPLORATION PROGRAM DEVELOPMENT GRANTS. (a) Authorization.--The Secretary shall create a pilot program to support the establishment of career and technical education exploration programs. In carrying out the pilot program, the Secretary shall award grants to eligible partnerships to enable the eligible partnerships to develop middle school career and technical education exploration programs that are aligned with career and technical education programs of study described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(A)). (b) Grant Duration.--Grants awarded under this Act shall be for a period of not more than 4 years. (c) Application.--An eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Each application shall include-- (1) a description of the partner entities comprising the eligible partnership, the roles and responsibilities of each partner, and a demonstration of each partner's capacity to support the program; (2) a description of how the eligible partnership will use grant funds to carry out each of the activities described under subsection (e); (3) a description of how the middle school career and technical education exploration program aligns to regional economies and local emerging workforce needs; (4) a description of how the new middle school career and technical education exploration program is linked to-- (A) one or more career and technical education programs of study offered by the agency or school described in section 3(b)(2)(A)(i); and (B) one or more career and technical education programs of study offered by the postsecondary institution described in section 3(b)(2)(A)(ii); (5) a description of the students that will be served by the middle school career and technical education exploration program; (6) a description of how the middle school career and technical education exploration program funded by the grant will be replicable; (7) a description of how the eligible partnership will disseminate information about best practices resulting from the middle school career and technical education exploration program to similar career and technical education programs of study, including such programs in urban and rural areas; (8) a description of how the middle school career and technical education exploration program will be implemented; (9) a description of how the middle school career and technical education exploration program will provide accessibility to students, especially economically disadvantaged, low-performing, and urban and rural students; and (10) a description of how the eligible partnership will carry out the evaluation required under subsection (f). (d) Selection of Grantees.-- (1) In general.--The Secretary shall determine, based on the peer review process described in paragraph (3) and subject to the requirement in paragraph (4), which eligible partnership applicants shall receive funding under this Act, and the amount of the grant funding under this Act that each selected eligible partnership will receive. (2) Grant amounts.--In determining the amount of each grant awarded under this Act, the Secretary shall-- (A) ensure that all grants are of sufficient size, scope, and quality to be effective; and (B) take into account the total amount of funds available for all grants under this Act and the types of activities proposed to be carried out by the eligible partnership. (3) Peer review process.-- (A) Establishment of peer review committee.--The Secretary shall convene a peer review committee to review applications for grants under this Act and to make recommendations to the Secretary regarding the selection of grantees. (B) Members of the peer review committee.--The peer review committee shall include the following members: (i) Educators who have experience implementing career and technical education programs and career exploration programs. (ii) Experts in the field of career and technical education. (4) Rural or small local educational agencies.--The Secretary shall set aside not less than 5 percent of the funds made available to award grants under this Act to award grants to eligible partnerships that include rural or small local educational agencies, as defined by the Secretary. (e) Use of Funds.--Each eligible partnership receiving a grant under this section shall use grant funds to develop and implement a middle school career and technical education exploration program that-- (1) shall-- (A) include introductory courses or experiential activities, such as student apprenticeships or other work-based learning methods, and project-based learning experiences; (B) include the implementation of a plan that demonstrates the transition from the middle school career and technical education exploration program to a career and technical education program of study that is offered by the entity described in section 3(b)(2)(A)(i); (C) include programs and activities related to the development of individualized graduation and career plans for students; and (D) offer career guidance and academic counseling that-- (i) provides information about postsecondary education and career options; and (ii) provides participating students with readily available career and labor market information, such as information about employment sectors, educational requirements, information on workforce supply and demand, and other information on careers that are aligned to State or local economic priorities; and (2) may include expanded learning time activities that-- (A) focus on career exploration, including apprenticeships and internships; (B) are available to all students in a middle school; and (C) take place during a time that is outside of the standard hours of enrollment for students that are served by the local educational agency. (f) Evaluations and Report.-- (1) Evaluation.-- (A) In general.--Each eligible partnership that receives a grant under this Act shall collect appropriate data, or otherwise document through records (in a manner that complies with section 444 of the General Education Provisions Act (20 U.S.C. 1232g), commonly known as the ``Family Educational Rights and Privacy Act of 1974'' and other applicable Federal and State privacy laws) the information necessary to conduct an evaluation of grant activities, including an evaluation of-- (i) the extent of student participation in the middle school career and technical education exploration program carried out under this Act; (ii) the impact of the middle school career and technical education exploration program carried out under this Act on the students' transition to, or planned participation in, career and technical programs of study (as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(A)); and (iii) any other measurable outcomes specified by the Secretary. (B) Resources of the eligible partnership.--The evaluation described in this paragraph shall reflect the resources and capacity of the local educational agency, area career and technical education school, or educational service agency that is part of the eligible partnership in a manner determined by the Secretary. (2) Report.--The eligible partnership shall prepare and submit to the Secretary a report containing the results of the evaluation described in paragraph (1).

Middle School Technical Education Program Act or the Middle School STEP Act - Directs the Secretary of Education to: create a pilot program for career and technical education exploration programs, and award grants to eligible partnerships (local educational agencies, area career and technical education schools, educational service agencies, and other organizations) to develop a middle school career and technical education exploration program that transition to career and technical education programs of study.

Middle School STEP Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Catastrophic Health Coverage Promotion Act''. SEC. 2. DEMONSTRATION PROJECTS. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall establish not more than 6 demonstration projects in accordance with the provisions of this section to provide-- (1) in conjunction with the program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), health insurance coverage for individuals who-- (A) are not eligible for benefits under Medicare or Medicaid program and who have exceeded $10,500 in out- of-pocket health care costs in a year, or an adjusted amount based on the average out-of-pocket costs of individuals with catastrophic illnesses in a State for the year, but in no case less than $8,000 and not more than $15,000 in out-of-pocket health care costs during such year; or (B) were receiving benefits under Medicare or Medicaid but who have exhausted their eligibility for such benefits and any additional private health insurance coverage; and (2) in conjunction with the program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), health insurance coverage for catastrophic health care expenses, including prevention benefits, to individuals who do not have health insurance coverage. (b) Design of Demonstration Projects.--The Secretary shall ensure that the demonstration projects carried out under this section are conducted in a manner that will, to the greatest extent practicable, allow for comparisons of the information resulting from the evaluations of such programs under subsection (e). (c) Number and Requirements for Demonstration Projects.-- (1) Number.--The Secretary shall establish, in accordance with this subsection-- (A) not less than 2 demonstration projects to provide health insurance coverage under subsection (a)(1); (B) not less than 2 demonstration projects to provide catastrophic coverage under subsection (a)(2); and (C) if funds remain available after complying with subparagraphs (A) and (B), additional demonstration projects under subsection (a). (2) Requirements for projects under subsection (a)(1).--In designing the demonstration projects under subsection (a)(1), the Secretary shall-- (A) use State risk pools; (B) use reinsurance mechanisms for small businesses; (C) use public or private arrangements for the provision of affordable health insurance coverage to cover catastrophic health care expenses; and (D) use any combination of such arrangements. (3) Requirements for projects under subsection (a)(2).-- (A) In general.--In designing the demonstration projects under subsection (a)(2) the Secretary shall-- (i) use a catastrophic health insurance product administered by private health plans that shall-- (I) be sold in both the individual and small group insurance markets; (II) offer a deductible of not less than $5,000 for an individual and $7,500 for a family, a deductible that is indexed to the individual's or family's income level, or an adjusted deductible amount based on the average out-of-pocket costs of individuals or families, but in no case lower than $2,500 for an individual and $5,000 for a family; (III) include preventive health services based on recommendations made by the United States Preventive Task Force, including not less than 1 primary care provider's office visit; and (IV) require reasonable co- insurance as determined by the State administering the demonstration project, in consultation with the Secretary; (ii) subsidize such catastrophic coverage to provide an affordable product and may provide subsidies on sliding scale, to offer a more affordable product for individuals in the individual and group market earning below 200 percent of the Federal poverty level; and (iii) consider subsidizing the cost of such catastrophic coverage for small businesses that do not offer employer-sponsored insurance by using reinsurance mechanisms or other public and private partnerships. (B) Eligibility.--An individual or small business shall be eligible to participate in a demonstration project under subsection (a)(2) only if-- (i) such individual did not have health insurance coverage within the 1-year period immediately prior to applying for coverage under the demonstration project; or (ii) such small business did not offer employer-sponsored health insurance coverage within such 1-year period. (d) Duration; Evaluation.-- (1) Duration.--The Secretary shall complete the demonstration projects established under this section not later than 6 and \1/2\ years after the date of enactment of this Act. (2) Evaluation.--During the 18-month period beginning after the date that is 5 years after the date the demonstration projects have all been established under this section, the Secretary shall complete an evaluation of such demonstration projects established to determine-- (A) the ability of individuals and small businesses to access health insurance coverage; (B) the length of time individuals participated in and maintained such coverage; (C) with respect to each geographic area of a demonstration project-- (i) the impact on the amount of charity or other uncompensated care provided by health care providers who participated in the demonstration projects; (ii) the impact on insurance rates in the commercial market; and (iii) the impact on the number of medical related bankruptcies; and (D) if additional information is needed and whether the projects should be continued or modified, as the Secretary determines appropriate. (e) Application; Site Selection.-- (1) Application.--A State may submit an application to the Secretary to participate in any of the demonstration projects established under this section at such time, in such manner, and containing such information as the Secretary may require. (2) In general.--In selecting States to participate in a demonstration project, the Secretary shall-- (A) consider the current structure of a State's programs to assist individuals with catastrophic health care costs and individuals that do not have health insurance coverage; (B) determine what parameters for the demonstration project will be least intrusive to the State's existing such structures; and (C) consider the overall health status of the State, the age demographics of individuals with high health care costs and of individuals who do not have health insurance coverage, and the historical health care costs and efficiency of the State's health care system. (3) Specific site.--The Secretary shall select as a demonstration project site the State in which (according to the Hospital Referral Region of Residence, 1994-1995, as listed in the Dartmouth Atlas of Health Care 1998) the largest metropolitan areas of the State had the lowest percentage of Medicare beneficiary deaths in a hospital when compared to the largest metropolitan areas of each other State and the percentage of enrollees who experienced intensive care during the last 6 months of life was 21.5 percent. (f) Funding.-- (1) In general.--Notwithstanding sections 1901, 1903(a)(1) and 1923 of the Social Security Act (42 U.S.C. 1396, 1396a(a)(13)(A)(iv), 1396b(a)(1), 1396r-4), the Secretary shall expend not less than $50,000,000 of the total amount of unexpended State DSH allotments under section 1923 of such Act for each of fiscal years 2007 through 2012 for purposes of carrying out the demonstration projects authorized under this section. (2) Use of other funding sources.--A State may contribute other public funds (other than otherwise obligated Federal funds), and an employer may contribute private funds, to a demonstration project funded under this section. (g) Reports to Congress.-- (1) Preliminary report.--Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a preliminary report on the progress made in the demonstration projects established under this section. (2) Interim report.--Not later than 30 months after the implementation of the demonstration projects established under this section, the Secretary, in consultation with the participants in such demonstration projects, shall submit to the Committees described in paragraph (1), an interim report on such demonstration projects. (3) Final report.--Not later than the date on which all demonstration projects established under this section end, the Secretary shall submit to the Committees described in paragraph (1) a final report on such demonstration projects that includes the results of the evaluation conducted under subsection (f) and recommendations for appropriate legislative changes.

Catastrophic Health Coverage Promotion Act - Requires the Secretary of Health and Human Services to establish demonstration projects to provide health care coverage to individuals who: (1) are not eligible for Medicaid or Medicare benefits and have exceeded $10,500 in out-of-pocket health care costs in a year or an adjusted amount based on the average out-of-pocket costs of individuals with catastrophic illnesses in a state for the year; or (2) were receiving Medicare or Medicaid benefits but who have exhausted their eligibility and any additional private health insurance coverage. Directs the Secretary, in designing such demonstration projects, to use: (1) state risk pools; (2) reinsurance mechanisms for small businesses; (3) public or private arrangements for the provision of affordable health insurance coverage to cover catastrophic health care expenses; and (4) any combination of such arrangements. Requires the Secretary to establish demonstration projects to provide health insurance coverage for catastrophic health benefits to individuals who do not have health insurance coverage. Directs the Secretary, in designing such demonstration projects, to: (1) use a catastrophic health insurance product administered by private health insurance plans with a deductible indexed to income level or an adjusted deductible amount based on average out-of-pocket costs; and (2) subsidize such catastrophic coverage and allow subsidies on a sliding scale to offer an affordable product for individuals earning below 200% of the federal poverty level. Establishes evaluation requirements for the projects.

A bill to determine successful methods to provide protection from catastrophic health expenses for individuals who have exceeded health insurance coverage for uninsured individuals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Detroit Economic Competitiveness Act''. SEC. 2. DETROIT JOBS TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9512. DETROIT JOBS TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Detroit Jobs Trust Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Detroit Jobs Trust Fund amounts equivalent to receipts in the Treasury of taxes (including all income, excise, and employment taxes whether imposed with respect to individuals or businesses) imposed under this title (with respect to periods after the date of the enactment of this section) which are (as determined by the Secretary) attributable to Detroit, Michigan. The city of Detroit, Michigan, shall provide the Secretary such information as the Secretary may request for purposes of making the determinations required under this subsection. For purposes of this subsection, the taxes imposed on a corporation or other business entity shall not be treated as attributable to Detroit, Michigan, merely because the headquarters of such corporation or entity is located in Detroit, Michigan. ``(c) Expenditures.-- ``(1) In general.--Except as otherwise provided in this subsection, amounts in the Detroit Jobs Trust Fund shall (without need of any further appropriation) be distributed annually by the Secretary to the city of Detroit, Michigan, to carry out the purposes described in paragraph (2). ``(2) Use of expenditures.--Amounts distributed to the city of Detroit, Michigan, under this section shall be used for the following purposes and in the following order of priority: ``(A) First, of the amounts distributed with respect the annual period not in excess of the Detroit income tax suspension hold harmless amount, for any purpose determined by the city government of Detroit, Michigan. ``(B) Second, for payment of principal and interest on any general obligation issued by the city of Detroit, Michigan (to the extent of such obligations). ``(C) Third, for payment of principal and interest on obligations to which section 103 applies and the proceeds of which were used for the public schools of the city of Detroit, Michigan (to the extent of such obligations). ``(D) Fourth, for jobs development, public safety, education, business infrastructure, or public infrastructure (to the extent consistent with the plan described in paragraph (4)). ``(3) Restriction on distributions.--No distribution shall be made by the Secretary under paragraph (1) unless-- ``(A) the city of Detroit, Michigan, does not impose an income tax with respect to the period to which such distribution relates, ``(B) such city has reduced the aggregate property taxes imposed by an amount not less than the reduction in the payment obligations of such city by reason of the payments described in paragraph (2), ``(C) all prior distributions made to the city under paragraph (2) were used by the city in a manner consistent with the requirements of paragraph (2), and ``(D) such city has provided such information to the Comptroller General of the United States as the Comptroller General may request to carry out section 2(b) of the Detroit Economic Competitiveness Act. ``(4) 5-year development plan.--A plan is described in this paragraph if such plan-- ``(A) is a 5-year plan describing development goals for Detroit, Michigan, and detailing how distributions for purposes described in paragraph (2)(D) will be spent, ``(B) has been approved by simple majority vote of the City Council of Detroit, Michigan (after consultation with the Detroit Board of Education), and ``(C) has been submitted to, and approved by, the Secretary of the Treasury, the Secretary of Housing and Urban Development, and the Secretary of Education. No distribution shall be made under paragraph (1) for a purpose described in paragraph (2)(D) unless a plan described in this paragraph is in effect and all prior such distributions for such purposes were used in accordance with such plan. ``(5) Special rules during period of plan development.-- During the period during which the plan described in paragraph (4) is developed (but not in excess of the 5-month period beginning on the date of the first distribution under paragraph (1)), amounts distributed may be used concurrently for the purposes described in subparagraphs (A), (B), and (C) of paragraph (2). ``(6) Detroit income tax suspension hold harmless amount.-- ``(A) In general.--For purposes of paragraph (2)(A), the term `Detroit income tax suspension hold harmless amount' means the amount (as determined by the Secretary) of revenue collected by the city of Detroit pursuant to the income tax imposed by such city during the calendar year preceding the calendar year which includes the date of the enactment of this section. ``(B) Cross reference.--For provision which requires suspension of the Detroit income tax, see paragraph (3)(A). ``(C) Tax returns may still be required.--The city of Detroit, Michigan, shall not be treated as failing to satisfy the requirement of paragraph (3)(A) with respect to any period merely because taxpayers are required to file tax returns and report income with respect to such period. ``(7) Amounts made available not to reduce other funding.-- Amounts distributed to the city of Detroit, Michigan, under this section shall supplement, and not supplant, any other funding (including any Federal funding) for such city. ``(d) Termination.--No amount shall be distributed from, or appropriated to, the Detroit Jobs Trust Fund after the 5-year period beginning on the date of the enactment of this section. Any amounts remaining in such Trust Fund at the end of such period shall be transferred to the general fund of the Treasury. The 5-year period specified in this subsection shall not be renewed or extended.''. (b) GAO Reports.--The Comptroller General of the United States shall submit an annual report to Congress which-- (1) describes the manner and purposes for which distributions made from the Detroit Jobs Trust Fund have been used, (2) describes the extent to which progress has been made toward meeting the development goals under the plan described in section 9512(c)(4) of the Internal Revenue Code of 1986 (as added by this section) and whether such progress is consistent with meeting such goals, and (3) includes any recommendations the Comptroller General may have regarding improvements to the program described in section 9512 of such Code. The first such annual report shall be submitted not later than 90 days after the 1-year period beginning on the date of the enactment of this Act and the last such annual report shall be submitted not later than 90 days after the date on which the Detroit Jobs Trust Fund terminates pursuant to section 9512(d) of such Code. (c) Clerical Amendment.--The table of sections for subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 9512. Detroit Jobs Trust Fund.''. SEC. 3. ZERO CAPITAL GAINS RATE FOR CERTAIN NEW INVESTMENTS IN DETROIT, MICHIGAN. (a) In General.--Subchapter Y of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IV--CERTAIN NEW INVESTMENTS IN DETROIT, MICHIGAN ``Sec. 1400V. Zero capital gains rate for certain new investments in Detroit, Michigan. ``SEC. 1400V. ZERO CAPITAL GAINS RATE FOR CERTAIN NEW INVESTMENTS IN DETROIT, MICHIGAN. ``(a) In General.--Gross income does not include any qualified capital gain from the sale or exchange of a specified new investment held for more than 1 year. ``(b) Specified New Investment.--For purposes of this section-- ``(1) In general.--The term `specified new investment' means-- ``(A) any qualified stock, ``(B) any qualified partnership interest, and ``(C) any qualified business property. ``(2) Qualified stock.-- ``(A) In general.--Except as provided in subparagraph (B), the term `qualified stock' means any stock in a domestic corporation if-- ``(i) such stock is acquired by the taxpayer during the 1-year period beginning on the date of the enactment of this section, at its original issue (directly or through an underwriter) from the corporation solely in exchange for cash, ``(ii) as of the time such stock was issued, such corporation was a specified Detroit business (or, in the case of a new corporation, such corporation was being organized for purposes of being a specified Detroit business), and ``(iii) during substantially all of the taxpayer's holding period for such stock, such corporation qualified as a specified Detroit business. ``(B) Redemptions.--A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this paragraph. ``(3) Qualified partnership interest.--The term `qualified partnership interest' means any capital or profits interest in a domestic partnership if-- ``(A) such interest is acquired by the taxpayer during the 1-year period beginning on the date of the enactment of this section, from the partnership solely in exchange for cash, ``(B) as of the time such interest was acquired, such partnership was a specified Detroit business (or, in the case of a new partnership, such partnership was being organized for purposes of being a specified Detroit business), and ``(C) during substantially all of the taxpayer's holding period for such interest, such partnership qualified as a specified Detroit business. A rule similar to the rule of paragraph (2)(B) shall apply for purposes of this paragraph. ``(4) Qualified business property.-- ``(A) In general.--The term `qualified business property' means tangible property if-- ``(i) such property was acquired by the taxpayer by purchase (as defined in section 179(d)(2)) during the 1-year period beginning on the date of the enactment of this section, ``(ii) the original use of such property in Detroit, Michigan, commences with the taxpayer, and ``(iii) during substantially all of the taxpayer's holding period for such property, substantially all of the use of such property was in a specified Detroit business of the taxpayer. ``(B) Special rule for substantial improvements.-- The requirements of clauses (i) and (ii) of subparagraph (A) shall be treated as satisfied with respect to-- ``(i) property which is substantially improved by the taxpayer before the end of the period described in subparagraph (A)(i), and ``(ii) any land on which such property is located. The determination of whether a property is substantially improved shall be made under clause (ii) of section 1400B(b)(4)(B), except that `the date of the enactment of section 1400V' shall be substituted for `December 31, 1997' in such clause. ``(c) Qualified Capital Gain.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this subsection, the term `qualified capital gain' means any gain recognized on the sale or exchange of-- ``(A) a capital asset, or ``(B) property used in the trade or business (as defined in section 1231(b)). ``(2) Gain before enactment not qualified.--The term `qualified capital gain' shall not include any gain attributable to periods before the date of the enactment of this section. ``(3) Certain rules to apply.--Rules similar to the rules of paragraphs (3), (4), and (5) of section 1400B(e) shall apply for purposes of this subsection. ``(d) Specified Detroit Business.--For purposes of this section, the term `specified Detroit business' means any enterprise zone business (as defined in section 1397C), determined-- ``(1) without regard to subsections (b)(6) and (c)(5) thereof, ``(2) by substituting `80 percent' for `50 percent' in subsections (b)(2) and (c)(1) thereof, ``(3) by treating Detroit, Michigan, as an empowerment zone (and by treating no area other than Detroit, Michigan, as an empowerment zone). ``(e) Certain Rules To Apply.--For purposes of this section, rules similar to the rules of paragraphs (6) and (7) of subsection (b), and subsections (f) and (g), of section 1400B shall apply; except that for such purposes section 1400B(g)(2) shall be applied by substituting `before the date of the enactment of section 1400V' for `before January 1, 1998, or after December 31, 2014'. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations to prevent the abuse of the purposes of this section.''. (b) Clerical Amendment.--The table of parts for subchapter Y of chapter 1 of such Code is amended by adding at the end the following new item: ``Part IV. Certain New Investments in Detroit, Michigan''. (c) Effective Date.--The amendments made by this section shall apply to property acquired after the date of the enactment of this Act.

Detroit Economic Competitiveness Act - Amends the Internal Revenue Code to establish the Detroit Jobs Trust Fund to finance economic development in Detroit, Michigan. Requires the Secretary of the Treasury to make annual distributions from such Fund to the city of Detroit for payment of debt obligations and for job development, public safety, education, and business and public infrastructure. Prohibits any distributions unless the city of Detroit: (1) does not impose an income tax during a period of distribution, (2) has made specified reductions in aggregate property taxes, (3) has used prior distributions as required under this Act, (4) has provided required information to the Comptroller General (GAO), and (5) has implemented a five-year plan describing development goals for Detroit and detailing how distributions from the Trust Fund will be spent. Terminates such Fund five years after enactment of this Act. Requires GAO to submit annual reports to Congress describing the use of distributions from the Trust Fund, the extent to which progress has been made in meeting the plan's development goals, and Comptroller General recommendations for improving the program established under this Act. Excludes from gross income capital gain from the sale or exchange of investment property used in trade or business in Detroit.

To establish the Detroit Jobs Trust Fund and to temporarily provide a zero percent capital gains rate for certain new investments in Detroit, Michigan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Shale Development Act of 2005''. SEC. 2. OIL SHALE LEASING. (a) Declaration of Policy.--Congress declares that it is the policy of the United States that-- (1) United States oil shale and oil sands are strategically important domestic resources that should be developed through methods that help reduce the growing dependence of the United States on politically and economically unstable sources of foreign oil imports; (2) the development of oil shale and oil sands, for research and commercial development, should be conducted in an environmentally sound and economically feasible manner; and (3) development described in paragraph (2) should occur at a deliberate pace, with an emphasis on sustainability, to benefit the United States while taking into account affected States and communities. (b) Leasing for Research and Development.-- (1) In general.--In accordance with section 21 of the Mineral Leasing Act (30 U.S.C. 241) and any other applicable law, except as provided in this section, not later than 1 year after the date of enactment of this Act, from land otherwise available for leasing, the Secretary of the Interior (referred to in this section as the ``Secretary'') shall, for a period determined by the Secretary, make available for leasing such land as the Secretary considers to be necessary to conduct research and development activities with respect to innovative technologies for the recovery of shale oil from oil shale resources on public land. (2) Application.--The Secretary may offer to lease the land to persons that submit an application for the lease, if the Secretary determines that there is no competitive interest in the land. (3) Administration.--In carrying out this subsection, the Secretary shall-- (A) provide for environmentally sound research and development of oil shale; (B) provide for an appropriate return to the public, as determined by the Secretary; (C) before carrying out any activity that will disturb the surface of land, provide for an adequate bond, surety, or other financial arrangement to ensure reclamation; (D) provide for a primary lease term of 10 years, after which the lease term may be extended if the Secretary determines that diligent research and development activities are occurring on the land leased; (E) require the owner or operator of a project under this subsection, within such period as the Secretary may determine-- (i) to submit a plan of operations; (ii) to develop an environmental protection plan; and (iii) to undertake diligent research and development activities; (F) ensure that leases under this section are not larger than necessary to conduct research and development activities under an application under paragraph (2); (G) provide for consultation with affected State and local governments; and (H) provide for such requirements as the Secretary determines to be in the public interest. (4) Moneys received.--Any moneys received from a leasing activity under this subsection shall be paid in accordance with section 35 of the Mineral Leasing Act (30 U.S.C. 191). (c) Programmatic Environmental Impact Statement.--Not later than 18 months after the date of enactment of this Act, in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the Secretary shall complete a programmatic environmental impact statement that analyzes potential leasing for commercial development of oil shale resources on public land. (d) Analysis of Potential Leasing Program.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report (including recommendations) analyzing a potential leasing program for the commercial development of oil shale on public land. (2) Inclusions.--The report under paragraph (1) shall include-- (A) an analysis of technologies and research and development programs for the production of oil and other materials from oil shale and tar sands in existence on the date on which the report is prepared; (B) an analysis of-- (i) whether leases under the program should be issued on a competitive basis; (ii) the term of the leases; (iii) the maximum size of the leases; (iv) the use and distribution of bonus bid lease payments; (v) the royalty rate to be applied, including whether a sliding scale royalty rate should be used; (vi) whether an opportunity should be provided to convert research and development leases into leases for commercial development, including the terms and conditions that should apply to the conversion; (vii) the maximum number of leases and maximum acreage to be leased under the leasing program to an individual; and (viii) any infrastructure required to support oil shale development in industry and communities; and (C) an analysis, developed in conjunction with the appropriate State water resource agencies, of the demand for, and availability of, water with respect to the development of oil shale. (3) Public participation.--In preparing the report under this subsection, the Secretary shall provide notice to, and solicit comment from-- (A) the public; (B) representatives of local governments; (C) representatives of industry; and (D) other interested parties. (4) Participation by certain states.--In preparing the report under this subsection, the Secretary shall-- (A) provide notice to, and solicit comment from, the Governors of the States of Colorado, Utah, and Wyoming; and (B) incorporate into the report submitted to Congress under paragraph (1) any response of the Secretary to those comments. (e) National Oil Shale Assessment.-- (1) Assessment.-- (A) In general.--The Secretary shall carry out a national assessment of oil shale resources for the purposes of evaluating and mapping oil shale deposits, in the geographic areas described in subparagraph (B). (B) Geographic areas.--The geographic areas referred to in subparagraph (A), listed in the order in which the Secretary shall assign priority, are-- (i) the Green River Region of the States of Colorado, Utah, and Wyoming; (ii) the Devonian oil shales of the eastern United States; and (iii) any remaining area in the central and western United States (including the State of Alaska) that contains oil shale, as determined by the Secretary. (2) Use of state surveys and universities.--In carrying out the assessment under paragraph (1), the Secretary may request assistance from any State-administered geological survey or university. (f) State Water Rights.--Nothing in this section preempts or affects any State water law or interstate compact relating to water. (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

Oil Shale Development Act of 2005 - Directs the Secretary of the Interior to: (1) make available for leasing public land considered necessary to conduct research and development activities with respect to innovative technologies for the recovery of shale oil; (2) complete a programmatic environmental impact statement that analyzes potential leasing for commercial development of oil shale resources on public land; and (3) implement a national assessment of oil shale resources for the purposes of evaluating and mapping oil shale deposits, in specified geographic areas. Declares that this Act does not preempt or affect any state water law or interstate compact relating to water.

A bill to establish a program under which the Secretary of the Interior offers for lease certain land for oil shale development, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Workforce Digital Access Act''. SEC. 2. RESIDENTIAL DIGITAL ACCESS BENEFITS. (a) In General.--Chapter 79 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 7906. Residential digital access benefits ``(a) For purposes of this section-- ``(1) the term `employee' means an individual who-- ``(A) is employed in or under an agency; and ``(B) has completed the applicable probationary or trial period (if any), or at least 1 year of current continuous service in the same or similar positions (disregarding any break in service of 3 days or less); but does not include an employee excluded under paragraph (2)(B) or (3) of subsection (g); ``(2) the terms `agency' and `entity of the legislative branch' have the same respective meanings as given them under section 7905, except that the term `agency' does not include a Government corporation (as defined by section 103); and ``(3) the term `Government' means the Government of the United States. ``(b)(1) In order to promote greater technological proficiency within the Government's workforce, the General Services Administration and the Office of Personnel Management shall (to the extent of the duties and responsibilities assigned to each of them by the President, in conformance with succeeding provisions of this section) establish and operate a program under which there shall be furnished to each employee, at no cost to the employee, his or her own home computer, complete with Internet service (hereinafter in this section referred to collectively as `digital access benefits'). An employee not wishing to receive digital access benefits under this section may instead elect-- ``(A) to receive free Internet service alone; or ``(B) to decline benefits under this section altogether. ``(2) For purposes of this section-- ``(A) the term `home computer' means a computer (including any necessary peripheral devices and software) that-- ``(i) at a minimum, is capable of providing access to the Internet, and is able to perform office automation and e-learning functions; and ``(ii) is furnished for home use; and ``(B) the term `Internet service' means access to the Internet through an Internet Service Provider (including the ability to send and receive electronic mail) from one's home. ``(c) Any digital access benefits furnished under this section shall include at least the following: ``(1) Training on the use of computers and applications (both Internet-based and, to the extent practicable, through facilities at or convenient to the employee's workplace). ``(2) One or more upgrade options, available at the employee's request and expense. ``(d) Any Internet service furnished under this section shall include at least the following: ``(1) A permanent home page that includes a component linking the employee to designated Government sites and resources. ``(2) Features that allow for information sharing and communication, including a means by which an agency may readily contact or communicate with employees at home (on a nationwide, regional, or other basis, as the agency may require). ``(3) Inclusion on the permanent home page of a means by which an employee may directly reach the employing agency's Web site or intranet, if appropriate. ``(4) All training and support services under subsection (c) that are relevant to Internet service. ``(e) Nothing in this section shall be considered to permit or require-- ``(1) that employees declining benefits in accordance with subsection (b)(1)(B) be denied access to training on the use of computers and applications (as described in subsection (c)); or ``(2) that employees electing free Internet service alone be denied access to training on the use of computers and applications (as so described) beyond that specified in subsection (d)(4). ``(f)(1) The General Services Administration may contract with any qualified person to procure the goods and services required in order to carry out this section. Contracts under this subsection shall include appropriate provisions relating to the following: ``(A) The time and manner in which any transfers of title to personal property shall be made. ``(B) Restrictions to prevent inappropriate financing or subsidization of benefits, including commercial advertising. ``(C) Measures to prevent unauthorized tracking of computer use and to otherwise protect a user's privacy. ``(D) Measures to prevent the unauthorized sale or release of names or other identifying information. ``(E) Provisions to make benefits under this section accessible to persons with disabilities, such as through appropriate modifications or accessories. ``(F) Options for the renewal or extension of benefits, including the conditions under which a computer (or other piece of equipment) will periodically be replaced with a new one. ``(G) Measures to permit the donation of used equipment to schools, nonprofit organizations, or other similar entities, to the extent practicable. ``(H) Measures to prevent unauthorized access to Government databases, sites, and other functions or capabilities intended for employees only, such as upon an employee's separation from service. ``(2) The General Services Administration may prescribe any regulations necessary to carry out its duties and responsibilities under this section. ``(g)(1) In order to carry out this section, the Office of Personnel Management shall-- ``(A) upon request, furnish information or technical assistance-- ``(i) on the design or operation of the program or any aspect of the program; and ``(ii) on the design or delivery of Internet-based training; ``(B) establish procedures for the communication of information to and from employees, including procedures for the election of benefits; and ``(C) provide general program oversight, and perform such other functions as the Office considers appropriate to facilitate the efficient delivery (and, to the extent practicable, the optimal use) of benefits. ``(2) The Office may prescribe any regulations necessary to carry out its duties and responsibilities under this section, including-- ``(A) in the case of an employee who has previously received or declined benefits under this section, provisions relating to if, and under what conditions, such employee may become eligible for benefits under this section based on subsequent employment; and ``(B) provisions for the exclusion of any employees abroad as to whom the application of this section would be impracticable or inappropriate. ``(3) There may, under this paragraph, be excluded any employees as to whom the application of this section would be impracticable or inappropriate by reason of their temporary or intermittent employment. Authority under this paragraph may be exercised-- ``(A) by the same official or agency as under section 8347(g), (i), (j), (l), or (p) (in connection with retirement); and ``(B) by the respective committees named in section 7905(c)(2)-(3), in the case of the entities of the legislative branch to which those provisions relate. ``(h)(1) The General Services Administration and the Office of Personnel Management shall carry out their respective duties and responsibilities under this section in consultation with one another and with such other agencies as each considers appropriate. ``(2) In carrying out this subsection, the General Services Administration shall afford employing agencies reasonable opportunity to communicate any needs or concerns specific to that agency. ``(i) Each employing agency shall keep such records, make such certifications, and furnish such information-- ``(1) as the General Services Administration may require to carry out its duties and responsibilities under this section; and ``(2) as the Office of Personnel Management may require to carry out its duties and responsibilities under this section. ``(j)(1) There are authorized to be appropriated to each agency (including to the General Services Administration and the Office of Personnel Management, both as employing agencies and as administering agencies) such sums as may be necessary to carry out this section. ``(2) The costs associated with furnishing benefits to an employee under this section shall be paid-- ``(A) by that individual's employing agency; ``(B) out of amounts made available to that agency under paragraph (1); and ``(C) at the times and in the amounts specified by the General Services Administration. ``(3)(A) The amounts paid by an agency under this subsection shall be deposited in the Treasury of the United States to the credit of the Employees' Digital Access Fund. The Fund is available-- ``(i) without fiscal year limitation for all payments to persons providing goods or services under this section (as referred to in subsection (f)); and ``(ii) to pay the respective expenses of the General Services Administration and the Office of Personnel Management in administering this section, within the limitations that may be specified annually by Congress. ``(B) The Secretary of the Treasury may, with respect to the Fund, exercise the same authorities as described in section 8909(c). The provisions of section 8909(f) shall similarly apply with respect to-- ``(i) any payment made from the Fund to any qualified person (as referred to in subsection (f)) in consideration for any goods or services provided by such person under this section; and ``(ii) the net income or profit accruing to or realized by such person from business conducted under this section.''. (b) Clerical Amendment.--The table of sections for chapter 79 of title 5, United States Code, is amended by adding at the end the following: ``7906. Residential digital access benefits.''. SEC. 3. REPORTING REQUIREMENTS. (a) In General.--The Office of Management and Budget shall prepare and submit to the President and each House of Congress a report on the operation of the program established under section 7906 of title 5, United States Code, as amended by this Act. The report shall be submitted by the end of the third year of the program's operation, and shall specifically address the following: (1) Any cost savings, efficiencies, or other benefits realized through the program, such as: (A) Improved individual or collective organizational performance. (B) Better employee productivity or morale. (C) Greater flexibilities in the performance of work outside of the customary hours or workplace. (D) Enhancement of Government recruitment and retention efforts. (E) Reduced printing or mailing costs to the Government. (F) Improved communications capabilities, especially with regard to individuals in rural or remote locations. (G) New Internet-based training opportunities. (2) Best practices developed by particular agencies to take advantage of any technologies or capabilities made available through the program. (3) The extent to which family members of employees were able to make use of or otherwise share in the benefits made available through the program. (4) The extent to which the program (A) benefited communities or segments of the population that historically have been technologically underserved, and (B) otherwise helped alleviate the problem commonly referred to as the ``digital divide''. (b) Assistance.--Each agency shall (to the extent not otherwise prohibited by law) submit to the Office of Management and Budget such information as the Office may require in order to prepare its report under this section. SEC. 4. BUDGET ACT COMPLIANCE. Any contract authority under this Act shall be available only to such extent or in such amounts as are provided in advance in appropriation Acts. SEC. 5. COMMENCEMENT AND TERMINATION PROVISIONS. Benefits under section 7906 of title 5, United States Code, as amended by this Act, may be furnished only on the basis of elections made during the 48-month period beginning on the first day of the first fiscal year beginning at least 12 months after the date of enactment of this Act.

Prescribes procurement contract requirements for GSA, and oversight and technical assistance requirements for OPM. Authorizes appropriations to each Federal agency to carry out such program.

Federal Workforce Digital Access Act

SECTION 1. DEPARTMENT OF ENERGY COUNTERINTELLIGENCE POLYGRAPH PROGRAM. (a) Findings.--Congress makes the following findings: (1) Section 3135 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted by Public Law 106-398) amended section 3154 of the Department of Energy Facilities Safeguards, Security, and Counterintelligence Enhancement Act of 1999 (subtitle D of title XXXI of Public Law 106-65) to increase the requirements for polygraphs of Department of Energy employees and contractors under the Department counterintelligence polygraph program. (2) On January 26, 2001, the Division of Behavioral and Social Sciences and Education of the National Research Council of the National Academy of Sciences organized the initial meeting of the Committee to Review the Scientific Evidence on the Polygraph. The results of that review will address the scientific validity of the polygraph for counterintelligence screening purposes. Those results are expected in June 2002. (3) On June 28, 2000, the first Administrator of the National Nuclear Security Administration of the Department of Energy began work. Personnel security is one of the responsibilities of the Administrator. The review referred to in paragraph (2) will provide invaluable guidance to the Administrator in implementing the optimal personnel security system for the national security programs of the Department. (4) The widespread use of polygraphs, in the absence of confidence in their scientific validity, is of great concern to many Department of Energy employees and contractors. Such concern could seriously undermine the morale of those employees and contractors and could significantly affect the ability of the Department and its contractors to recruit and retain the scientific staff required to accomplish the national security mission of the Department. (5) Any polygraphs under the Department of Energy counterintelligence polygraph program require a high level of rigor in administration and careful attention to the protection of individual rights commensurate with the rigor in such matters under drug testing programs of the Department of Transportation. (b) New Counterintelligence Polygraph Program.--(1)(A) Not later than 120 days after the date of enactment of this Act, the Secretary of Energy shall submit to the congressional defense committees a plan for conducting, as part of the Department of Energy personnel assurance programs, an interim counterintelligence polygraph program consisting of periodic polygraph examinations of Department of Energy employees, or contractor employees, at Department facilities who have, or may have, access to Restricted Data or Sensitive Compartmented Information. The purpose of examinations under the interim program is to minimize the potential for release or disclosure of classified data, materials, or information. (B) The plan shall exclude from examinations under the interim program any position or class of positions for which the individual or individuals in such position or class of positions-- (i) operate in a controlled environment that does not afford an opportunity, through action solely by the individual or individuals, to inflict damage on or impose risks to national security; and (ii) have duties, functions, or responsibilities which are compartmentalized or supervised such that the individual or individuals do not impose risks to national security. (C) The plan shall assure that individuals who undergo examinations under the interim program receive protections as provided under part 40 of title 49, Code of Federal Regulations. (D) To ensure that administration of the interim program does not disrupt safe operations of a facility, the plan shall insure notification of the management of the facility at least 14 days in advance of any examination scheduled under the interim program for any employees of the facility. (E) The plan shall include procedures under the interim program for-- (i) identifying and addressing so-called ``false positive'' results of polygraph examinations; and (ii) ensuring that adverse personnel actions not be taken against an individual solely by reason of the individual's physiological reaction to a question in a polygraph examination, unless reasonable efforts are first made to independently determine through alternative means the veracity of the individual's response to the question. (2)(A) Not later than six months after obtaining the results of the Polygraph Review, the Secretary prescribe requirements for a counterintelligence polygraph program for the Department of Energy. The purpose of the program shall be the same as the purpose of the interim program under paragraph (1). (B) The Secretary shall prescribe requirements under this paragraph in accordance with the provisions of subchapter II of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedures Act). (C) In prescribing requirements under this paragraph, the Secretary may include in such requirements any requirement or exclusion provided for in subparagraphs (B) through (E) of paragraph (1). (D) In prescribing requirements under this paragraph, the Secretary shall take into account the results of the Polygraph Review. (c) Repeal of Existing Polygraph Program.--Section 3154 of the Department of Energy Facilities Safeguards, Security, and Counterintelligence Enhancement Act of 1999 (subtitle D of title XXXI of Public Law 106-65; 42 U.S.C. 7383h) is repealed. (d) Report on Further Enhancement of Personnel Security Program.-- (1) Not later than December 31, 2002, the Administrator for Nuclear Security shall submit to Congress a report setting forth the recommendations of the Administrator for any legislative action that the Administrator considers appropriate in order to enhance the personnel security program of the Department of Energy. (2) Any recommendations under paragraph (1) regarding the use of polygraphs shall take into account the results of the Polygraph Review. (e) Definitions.--In this section: (1) The term ``congressional defense committees'' means-- (A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. (2) The term ``Polygraph Review'' means the review of the Committee to Review the Scientific Evidence on the Polygraph of the National Academy of Sciences. (3) The term ``Restricted Data'' has the meaning given that term in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).

Directs the Secretary of Energy to submit to the congressional defense and appropriations committees a plan for conducting an interim counterintelligence polygraph program consisting of periodic polygraph examinations of Department of Energy employees, or contractor employees, who have or may have access to Restricted Data or Sensitive Compartmented Information. Requires the Secretary, within six months after obtaining the results of a polygraph review conducted by the Division of Behavioral and Social Sciences and Education of the National Research Council of the National Academy of Sciences, to prescribe requirements for a Department counterintelligence polygraph program.Amends the Department of Energy Facilities Safeguards, Security, and Counterintelligence Enhancement Act of 1999 to repeal the existing Department polygraph program.Directs the Administrator for Nuclear Security to submit to Congress recommendations for necessary legislative action to enhance the Department's personnel security program.

A bill to provide for the establishment of a new counterintelligence polygraph program for the Department of Energy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Debt Management and Fiscal Responsibility Act of 2015''. SEC. 2. SECRETARY OF THE TREASURY REPORT TO CONGRESS BEFORE REACHING DEBT LIMIT. (a) In General.--Subchapter II of chapter 31 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 3131. Report before reaching debt limit ``(a) In General.--Not more than sixty days and not less than twenty-one days prior to any date on which the Secretary of the Treasury anticipates the public debt will reach the limit specified under section 3101, as modified by section 3101A, the Secretary shall appear before the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, to submit the information described under subsection (b). ``(b) Information Required To Be Presented.--In an appearance described under subsection (a), the Secretary shall submit the following: ``(1) Debt report.--A report on the state of the public debt, including-- ``(A) the historical levels of the debt, current amount and composition of the debt, and future projections of the debt; ``(B) the historical levels of Federal revenue, including corporate and individual Federal income taxes as a percent of the gross domestic product; ``(C) the drivers and composition of future debt; ``(D) how, if the debt limit is raised, the United States will meet debt obligations, including principal and interest; ``(E) any reduction measures the Secretary intends to take to fund Federal Government obligations if the debt limit is not raised, including-- ``(i) notifying the Congress when the limit has been reached; and ``(ii) notifying the Congress when the Secretary has begun taking such measures and specifying which measures are currently being used; and ``(F) if the President recommends that Congress adopt, in general, a balanced budget amendment to the Constitution of the United States to help control the accumulation of future debt. ``(2) Statement of intent.--A detailed explanation of-- ``(A) proposals of the President to reduce the public debt in the short term (the current and following fiscal year), medium term (approximately three to five fiscal years), and long term (approximately ten fiscal years), and proposals of the President to adjust the debt-to-gross domestic product ratio; ``(B) the impact an increased debt limit will have on future Government spending, debt service, and the position of the United States dollar as the international reserve currency; ``(C) projections of fiscal health and sustainability of major direct-spending entitlement programs (including Social Security, Medicare, and Medicaid); ``(D) the plan of the President for each week that the debt of the United States Government is at the statutory limit, to publicly disclose, on the website of the Department of the Treasury, the following: ``(i) All reduction measures currently being used by the Secretary to avoid defaulting on obligations of the Government. ``(ii) With respect to each reduction measure, whether or not such measure is currently being used-- ``(I) the total dollar amount of such measure that has been used; and ``(II) the total dollar amount of such measure that the Secretary estimates is still available for use. ``(iii) The date on which the Secretary estimates that all reduction measures will be exhausted, and the Government will begin defaulting on its obligations; ``(E) any extraordinary measures the Secretary intends to take to fund Federal government obligations if the debt limit is not raised, a projection of how long such extraordinary measures will fund the Federal government, and a projection of the administrative cost of taking such extraordinary measures; and ``(F) whether the Administration acknowledges that it is technologically capable of paying only principal and interest on the national debt, as opposed to other obligations, in the event that the debt limit, as specified under section 3101, is reached. ``(3) Progress report.-- ``(A) In general.--A detailed report on the progress of implementing all proposals of the President described under subparagraph (A) of paragraph (2). ``(B) Exception.--The report described under this paragraph shall only be submitted if a Secretary has already appeared at least once pursuant to this section during any term of office for a particular President. ``(c) Public Access to Information.--The Secretary of the Treasury shall place on the homepage of the Department of the Treasury a link to a webpage that shall serve as a repository of information made available to the public for at least 6 months following the date of release of the relevant information, including: ``(1) The debt report submitted under subsection (b)(1). ``(2) The detailed explanation submitted under subsection (b)(2). ``(3) The progress report submitted under subsection (b)(3). ``(4) Such other information as the Secretary reasonably believes is necessary or helpful to the public in understanding the statutory debt limit, Government debt, and the reports and explanations described under paragraphs (1), (2), and (3). ``(d) Reduction Measures Defined.--For purposes of this section, the term `reduction measures' means each of the following: ``(1) Directing or approving the issuance of debt by the Federal Financing Bank for the purpose of entering into an exchange transaction for debt that is subject to the limit under this section. ``(2) Suspending investments in the Government Securities Investment Fund of the Thrift Savings Fund. ``(3) Suspending investments in the stabilization fund established under section 5302 of title 31, United States Code. ``(4) Suspending new investments in the Civil Service Retirement and Disability Fund or the Postal Service Retiree Health Benefits Fund. ``(5) Selling or redeeming securities, obligations, or other invested assets of the Civil Service Retirement and Disability Fund or the Postal Service Retiree Health Benefits Fund before maturity. ``(6) Such other measures as the Secretary determines appropriate.''. (b) Clerical Amendment.--The table of analysis for chapter 31 of title 31, United States Code, is amended by inserting after the item relating to section 3130 the following: ``3131. Report before reaching debt limit.''. Passed the House of Representatives February 11, 2016. Attest: KAREN L. HAAS, Clerk.

Debt Management and Fiscal Responsibility Act of 2015 (Sec. 2) This bill requires the Secretary of the Treasury to provide a report to Congress prior to any date on which the Secretary anticipates the public debt will reach the statutory limit. The Secretary must appear before the House Ways and Means Committee and the Senate Finance Committee to submit a report including: historic, current, and projected levels of debt; historic levels of revenue; the drivers and composition of future debt; how the United States will meet debt obligations if the debt limit is raised; reduction measures Treasury intends to take to fund obligations if the debt limit is not raised; and the President's recommendation regarding a balanced budget amendment to the U.S. Constitution. The Secretary must also provide a detailed explanation of: proposals to reduce the debt and a progress report on implementing them; the impact an increased debt limit will have on future spending, debt service, and the position of the U.S. dollar as the international reserve currency; projections of the fiscal health and sustainability of major entitlement programs (including Social Security, Medicare, and Medicaid); measures Treasury is taking or intends to take to avoid default, including a plan to publicly disclose the details; and Treasury's capability to pay only principal and interest on the debt if the limit is reached. Treasury must make the information required by this bill available to the public on its website.

Debt Management and Fiscal Responsibility Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety Officer Medal of Valor Act of 2001''. SEC. 2. AUTHORIZATION OF MEDAL. After September 1, 2001, the President may award, and present in the name of Congress, a Medal of Valor of appropriate design, with ribbons and appurtenances, to a public safety officer who is cited by the Attorney General, upon the recommendation of the Medal of Valor Review Board, for extraordinary valor above and beyond the call of duty. The Public Safety Medal of Valor shall be the highest national award for valor by a public safety officer. SEC. 3. MEDAL OF VALOR BOARD. (a) Establishment of Board.--There is established a Medal of Valor Review Board (hereinafter in this Act referred to as the ``Board''), which shall be composed of 11 members appointed in accordance with subsection (b) and shall conduct its business in accordance with this Act. (b) Membership.-- (1) Members.--The members of the Board shall be individuals with knowledge or expertise, whether by experience or training, in the field of public safety, of which-- (A) two shall be appointed by the majority leader of the Senate; (B) two shall be appointed by the minority leader of the Senate; (C) two shall be appointed by the Speaker of the House of Representatives; (D) two shall be appointed by the minority leader of the House of Representatives; and (E) three shall be appointed by the President, including one with experience in firefighting, one with experience in law enforcement, and one with experience in emergency services. (2) Term.--The term of a Board member shall be 4 years. (3) Vacancies.--Any vacancy in the membership of the Board shall not affect the powers of the Board and shall be filled in the same manner as the original appointment. (4) Operation of the board.-- (A) Chairman.--The Chairman of the Board shall be elected by the members of the Board from among the members of the Board. (B) Meetings.--The Board shall conduct its first meeting not later than 90 days after the appointment of the last member appointed of the initial group of members appointed to the Board. Thereafter, the Board shall meet at the call of the Chairman of the Board. The Board shall meet not less often than twice each year. (C) Voting and rules.--A majority of the members shall constitute a quorum to conduct business, but the Board may establish a lesser quorum for conducting hearings scheduled by the Board. The Board may establish by majority vote any other rules for the conduct of the Board's business, if such rules are not inconsistent with this Act or other applicable law. (c) Duties.--The Board shall select candidates as recipients of the Medal of Valor from among those applications received by the National Medal of Valor Office. Not more often than once each year, the Board shall present to the Attorney General the name or names of those it recommends as Medal of Valor recipients. In a given year, the Board shall not be required to select any recipients but may not select more than 5 recipients. The Attorney General may in extraordinary cases increase the number of recipients in a given year. The Board shall set an annual timetable for fulfilling its duties under this Act. (d) Hearings.-- (1) In general.--The Board may hold such hearings, sit and act at such times and places, administer such oaths, take such testimony, and receive such evidence as the Board considers advisable to carry out its duties. (2) Witness expenses.--Witnesses requested to appear before the Board may be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. The per diem and mileage allowances for witnesses shall be paid from funds appropriated to the Board. (e) Information From Federal Agencies.--The Board may secure directly from any Federal department or agency such information as the Board considers necessary to carry out its duties. Upon the request of the Board, the head of such department or agency may furnish such information to the Board. (f) Information To Be Kept Confidential.--The Board shall not disclose any information which may compromise an ongoing law enforcement investigation or is otherwise required by law to be kept confidential. SEC. 4. BOARD PERSONNEL MATTERS. (a) Compensation of Members.--(1) Except as provided in paragraph (2), each member of the Board shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Board. (2) All members of the Board who serve as officers or employees of the United States, a State, or a local government, shall serve without compensation in addition to that received for those services. (b) Travel Expenses.--The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Board. SEC. 5. DEFINITIONS. In this Act: (1) Public safety officer.--The term ``public safety officer'' means a person serving a public agency, with or without compensation, as a firefighter, law enforcement officer, or emergency services officer, as determined by the Attorney General. For the purposes of this paragraph, the term ``law enforcement officer'' includes a person who is a corrections or court officer or a civil defense officer. (2) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this Act. SEC. 7. NATIONAL MEDAL OF VALOR OFFICE. There is established within the Department of Justice a National Medal of Valor Office. The Office shall provide staff support to the Board to establish criteria and procedures for the submission of recommendations of nominees for the Medal of Valor and for the final design of the Medal of Valor. SEC. 8. CONFORMING REPEAL. Section 15 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2214) is amended-- (1) by striking subsection (a) and inserting the following new subsection (a): ``(a) Establishment.--There is hereby established an honorary award for the recognition of outstanding and distinguished service by public safety officers to be known as the Director's Award For Distinguished Public Safety Service (`Director's Award').''; (2) in subsection (b)-- (A) by striking paragraph (1); and (B) by striking ``(2)''; (3) by striking subsections (c) and (d) and redesignating subsections (e), (f), and (g) as subsections (c), (d), and (e), respectively; and (4) in subsection (c), as so redesignated-- (A) by striking paragraph (1); and (B) by striking ``(2)''. SEC. 9. CONSULTATION REQUIREMENT. The Board shall consult with the Institute of Heraldry within the Department of Defense regarding the design and artistry of the Medal of Valor. The Board may also consider suggestions received by the Department of Justice regarding the design of the medal, including those made by persons not employed by the Department. Passed the Senate May 14, 2001. Attest: Secretary. 107th CONGRESS 1st Session S. 39 _______________________________________________________________________ AN ACT To provide a national medal for public safety officers who act with extraordinary valor above and beyond the call of duty, and for other purposes.

Public Safety Officer Medal of Valor Act of 2001 - Allows the President to award, and present in the name of the Congress, a Medal of Valor to a public safety officer cited by the Attorney General, upon the recommendation of the Medal of Valor Review Board, for extraordinary valor above and beyond the call of duty. Provides that the Public Safety Medal of Valor shall be the highest national award for valor by a public safety officer.Establishes a Medal of Valor Review Board to select candidates to receive the Medal from among applications received by the National Medal of Valor Office. Requires the Board to consult with the Institute of Heraldry in the Department of Defense regarding the design of the Medal.Authorizes appropriations.Establishes within the Department of Justice a National Medal of Valor Office to provide staff support to the Board to establish criteria and procedures for the submission of nominee recommendations for the Medal and for the final design of the Medal.Amends the Fire Prevention and Control Act of 1974 to establish an honorary Director's (Director of the Federal Emergency Management Agency) Award for Distinguished Public Safety Service for the recognition of outstanding and distinguished service by public safety officers (repeals provisions regarding the President's Award for Outstanding Public Safety Service and the Secretary of Commerce's Award for Distinguished Public Safety Service).

A bill to provide a national medal for public safety officers who act with extraordinary valor above and beyond the call of duty, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Cooperation to Meet the Millennium Development Goals Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) At the United Nations Millennium Summit in 2000, the United States joined more than 180 other countries in committing to work toward goals to improve life for the world's poorest people by 2015. (2) Such goals include reducing the proportion of people living on less than $1 per day by \1/2\, reducing child mortality by \2/3\, and assuring basic education for all children, while sustaining the environment upon which human life depends. (3) At the 2002 International Conference on Financing for Development, the United States representative reiterated the support of the United States for the Millennium Development Goals and advocated, along with other international participants, for a stronger focus on measurable outcomes derived from a global partnership between developed and developing countries. (4) On March 22, 2002, President Bush stated, ``We fight against poverty because hope is an answer to terror. We fight against poverty because opportunity is a fundamental right to human dignity. We fight against poverty because faith requires it and conscience demands it. We fight against poverty with a growing conviction that major progress is within our reach.''. (5) The 2002 National Security Strategy of the United States notes that ``a world where some live in comfort and plenty, while half of the human race lives on less than $2 per day, is neither just nor stable. Including all of the world's poor in an expanding circle of development and opportunity is a moral imperative and one of the top priorities of U.S. international policy''. (6) The National Commission on Terrorist Attacks Upon the United States concluded that the Government of the United States must offer an example of moral leadership in the world and offer parents and their children a vision of the future that emphasizes individual educational and economic opportunity as essential to the efforts of the United States to defeat global terrorism. (7) The summit of the Group of Eight held during July 2005, the United Nations summit held during September 2005, and the Sixth Ministerial Conference of the World Trade Organization scheduled to be held during December 2005 have provided and will provide opportunities to measure and continue to pursue progress on the Millennium Development Goals. (8) The summit of the Group of Eight held July 6 through July 8, 2005, in Gleneagles, Scotland, brought together the countries that can make the greatest contribution to alleviating extreme poverty in Africa, the region of the world where extreme poverty is most prevalent. (9) On June 11, 2005, the United States helped secure the agreement of the Group of Eight Finance Ministers to cancel 100 percent of the debt obligations owed to the World Bank, African Development Bank, and International Monetary Fund by countries that are eligible for debt relief under the Highly Indebted Poor Countries Initiative, the initiative established in 1996 by the World Bank and the International Monetary Fund for the purpose of reducing the debt burdens of the world's poorest countries, or under the Enhanced HIPC Initiative, as defined in section 1625 of the International Financial Institutions Act (22 U.S.C. 262p-8), which are poor countries that are on the path to reform. (10) The report prepared by the Commission for Africa and issued by Prime Minister Tony Blair on March 11, 2005, entitled ``Our Common Interest'', called for coherence and coordination in the development of an overarching package of actions to be carried out by the countries of Africa and the international community to address the complex interlocking issues that challenge the continent, many of which have already been addressed individually in previous summits and under the Africa Action Plan enacted by the Group of Eight. (11) The United States has recognized the need for strengthened economic and trade opportunities, as well as increased financial and technical assistance to Africa and other countries burdened by extreme poverty, through significant initiatives in recent years, including-- (A) the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.) that has opened United States markets to thousands of products from Africa; (B) the President's Emergency Plan for AIDS Relief developed under section 101 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7611), the major focus of which has been on African countries; (C) the Millennium Challenge Corporation established under section 604 of the Millennium Challenge Act of 2003 (22 U.S.C. 7703) that is in the process of committing new and significant levels of assistance to countries, including countries in Africa, that are poor but show great promise for boosting economic growth and bettering the lives of their people; and (D) the cancellation by the United States of 100 percent of the bilateral debt owed to the Untied States by countries eligible for debt relief under the Enhanced HIPC Initiative. (12) The report prepared by the Commission for Africa entitled ``Our Common Interest'' includes the following findings: (A) The people of Africa must demonstrate the leadership necessary to address the governance challenges they face, setting priorities that ensure the development of effective civil and police services, independent judiciaries, and strong parliaments, all of which reinforce a stable and predictable economic environment attractive to investment. (B) Many leaders in Africa have pursued personal self-interest rather than national goals, a tendency that has been in some instances exacerbated and abetted by the manipulation of foreign governments pursuing their own agenda in the region to the detriment of the people of Africa. (C) More violent conflict has occurred in Africa during the period between 1965 and 2005 than occurred in any other continent during that period, and the countries of Africa must engage on the individual, national, and regional level to prevent and manage conflict. (D) The capacity to trade is constrained by a derelict or nonexistent infrastructure in most African countries as well as by the double-edged sword of tariff and nontariff barriers to trade that complicate markets and discourage investment both within and beyond the continent. (E) The local resources for investment in people and the institutions necessary for good governance have been squandered, misappropriated, and, to an increasingly devastating effect, spent on servicing debt to the developed world. Such resources should be reoriented to serve the needs of the people through the use of debt forgiveness and support for institutional reform and internal capacity building. (F) Failing to prevent conflict in Africa results in incalculable costs to African development and expense to the international community and the investment in preventing conflict is a fraction of such costs and expenses, in human, security, and financial terms. (G) Despite difficulties, there is optimism and energy reflected in the scope of activities of individuals such as 2004 Nobel Peace Prize recipient, Wangari Maathai, as well as those of improved regional organizations such as the African Union and the New Partnership for Economic Development's Peer Review Mechanism, and subregional entities such as the Economic Community of West African States, the Inter- Governmental Authority on Development, and the potential of the Southern African Development Community. (H) Political reform in Africa has produced results. For example, while in 1985 countries of sub- Saharan Africa ruled by dictators were the norm, by 2005 dictatorships are a minority and democracy has new life with governments chosen by the people increasing fourfold since 1991. (13) The report prepared by the Commission for Africa entitled ``Our Common Interest'' includes the following recommendations: (A) At this vital moment when globalization and growth, technology and trade, and mutual security concerns allow, and common humanity demands, a substantial tangible and coherent package of actions should immediately be taken by the international community, led by the most industrialized countries, in partnership with the countries of Africa, to address the poverty and underdevelopment of the African continent. (B) The people of Africa must take responsibility and show courageous leadership in addressing problems and taking ownership of solutions as the means for ensuring sustainable development, while implementing governance reform as an underlying prerequisite for foreign assistance effectiveness. (C) Each developed country has unique strengths and capacity to add value to a comprehensive assistance plan and should join their individual efforts to a coherent whole that is more efficient and responsive to Africa and the people of Africa. (D) The international community must honor existing commitments to strengthen African peacekeeping capacity and go beyond those commitments to invest in more effective prevention and nonmilitary means to resolve conflict through such regional organizations as the African Union and the subregional Economic Community for West African States. (E) A massive investment in physical infrastructure should be made to support commerce, extend governance, and provide opportunities for education, healthcare, investment and growth. (F) Donors and the governments of the countries of Africa should devote substantial investment in the men and women of Africa through the education and health sectors, enabling and extending recent gains made to reach far more broadly into remote regions. (G) The public sector should actively engage the private sector in driving growth through partnerships by reforming the laws, bureaucracy, and infrastructure necessary to maintain a climate that fosters investment by developing public-private centers of excellence to pursue such reforms. (H) The countries of Africa must maximize the participation of women in both business and government, protect the rights of women, and work to increase the number of women in leadership positions so as to capitalize on the ability of women to deliver scarce resources effectively and fairly. (I) The international community must work together to dismantle trade barriers, including the immediate elimination of trade-distorting commodity support. (J) International donors should strengthen multilateral institutions in Africa to respond appropriately to local and regional crises as well as to promote economic development and ensure the people of Africa are granted a stronger voice in international forums. (K) The international community must join in providing creative incentives for commercial firms to research and develop products that improve water, sanitation, health, and the environment in ways that would dramatically reduce suffering and increase productive life-spans in Africa. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives. (2) Group of eight.--The term ``Group of Eight'' means the forum for addressing international economic, political, and social issues attended by representatives of Canada, France, Germany, Italy, Japan, Russia, the United Kingdom, and the United States. (3) Millennium development goals.--The term ``Millennium Development Goals'' means the goals set out in United Nations Millennium Declaration, resolution 55/2 adopted by the General Assembly of the United Nations on September 8, 2000. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the President should continue to provide the leadership shown at the summit of the Group of Eight held in July 2005 at Gleneagles, Scotland, to continue to encourage other countries to develop a true partnership to pursue the Millennium Development Goals; (2) the President should urge the Group of Eight to consider the findings and recommendations contained in the report prepared by the Commission for Africa entitled ``Our Common Interest'', in partnership with the nations of Africa, for the development of Africa; (3) the Group of Eight, as well as governments of the countries of Africa and regional organizations of such governments, should reaffirm and honor the commitments made in the Africa Action Plan enacted by the Group of Eight in previous years; and (4) the international community should continue to build upon the progress made at the summit of the Group of Eight in July 2005 and the United Nations summit in September 2005 toward achieving the Millennium Development Goals, and should further enable such progress at the Sixth Ministerial conference of the World Trade Organization scheduled for December 2005. SEC. 5. REPORT. (a) Requirement.--Not later than 60 days after the date of the conclusion of the Sixth Ministerial Conference of the World Trade Organization that is scheduled to be held in Hong Kong from December 13 through December 18, 2005, the Secretary of State in consultation with other appropriate United States and international agencies shall submit a report to the appropriate congressional committees on the progress the international community is making toward achieving the Millennium Development Goals. (b) Content.--The report required by subsection (a) shall include the following: (1) A review of the commitments made by the United States and other members of the international community at the summit of the Group of Eight in July 2005, the United Nations summit in September 2005, and the Sixth Ministerial Conference of the World Trade Organization scheduled for December 2005, that pertain to the ability of the developing world to achieve the Millennium Development Goals. (2) A review of United States policies and progress toward achieving the Millennium Development Goals by 2015, as well as policies to provide continued leadership in achieving such goals by 2015. (3) An evaluation, to the extent possible, of the contributions of other national and international actors in achieving the Millennium Development Goals by 2015. (4) An assessment of the likelihood that the Millennium Development Goals will be achieved. Passed the Senate December 22 (legislative day, December 21), 2005. Attest: Secretary. 109th CONGRESS 1st Session S. 1315 _______________________________________________________________________ AN ACT To require a report on progress toward the Millennium Development Goals, and for other purposes.

International Cooperation to Meet the Millennium Development Goals Act of 2005 - Expresses the sense of Congress that: (1) the President should continue to provide the leadership shown at the July 2005 summit of the Group of Eight to encourage other countries to pursue the Millennium Development Goals; (2) the President should urge the Group of Eight to consider the findings and recommendations contained in the report prepared by the Commission for Africa entitled "Our Common Interest"; (3) the Group of Eight, as well as governments of the countries of Africa and regional organizations of such governments, should honor the commitments made in the Group's Africa Action Plan; and (4) the international community should continue to build upon the progress made at the July 2005 summit and the September 2005 U.N. summit toward achieving the Millennium Development Goals, and should further enable such progress at the Sixth Ministerial conference of the World Trade Organization scheduled for December 2005. Directs the Secretary of State to report to the Senate Committee on Foreign Relations and the House Committee on International Relations respecting the international community's progress toward achieving the Millennium Development Goals. Requires the report to include: (1) a review of commitments made by the United States and other members of the international community concerning the ability of the developing world to achieve the Millennium Development Goals; (2) a review of U.S. policies and progress toward achieving the Millennium Development Goals by 2015, as well as policies to provide continued leadership in achieving such goals by 2015; (3) an evaluation of the contributions of other national and international actors in achieving the Millennium Development Goals by 2015; and (4) an assessment of the likelihood that the Millennium Development Goals will be achieved.

A bill to require a report on progress toward the Millennium Development Goals, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Advisory Committee Termination Act of 1994''. SEC. 2. REPEAL OF ADVISORY COMMITTEES. (a) Department of Agriculture.-- (1) Swine health advisory committee.--Section 11 of the Swine Health Protection Act (7 U.S.C. 3810), which required the Secretary of Agriculture to appoint a swine health advisory committee or committees, is repealed. (2) Cascade head scenic-research area advisory council.-- Section 8 of the Act of December 22, 1974 (16 U.S.C. 541g), which required the Secretary of Agriculture to appoint a Cascade Head Scenic-Research Area Advisory Council, is repealed. (3) Global climate change technical advisory committee.-- Section 2404 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 6703), which required the Secretary of Agriculture to appoint a Global Climate Change Technical Advisory Committee, is repealed. (4) Mono basin national forest scenic area advisory board.--Section 306 of the California Wilderness Act of 1984 (16 U.S.C. 543e), which established the Mono Basin National Forest Scenic Area Advisory Board, is repealed. (5) Nez perce national historic trail advisory council.-- Section 5(d) of the National Trails System Act, (16 U.S.C. 1244(d)), which required the Secretary of Agriculture to establish an advisory council for the Nez Perce National Historic Trail, is amended in the first sentence by inserting before the period at the end ``and the Advisory Council established for the Nez Perce National Historic Trail shall terminate on the effective date of the Advisory Committee Termination Act of 1994.''. (b) Department of Defense.--Section 3306 of the National Defense Authorization Act for Fiscal Year 1993 (50 U.S.C. 98h-1 note), which authorized the Government-Industry Advisory Committee on the Operation and Modernization of the National Defense Stockpile, is repealed. (c) Department of Education; Improvement and Reform of Schools and Teaching Fund Board.-- (1) Fund for the improvement and reform of schools and teaching act.--The Fund for the Improvement and Reform of Schools and Teaching Act (20 U.S.C. 4811 et seq.), which established the Fund Board, is amended-- (A) in section 3231 (20 U.S.C. 4831)-- (i) in the heading by striking ``board authorized'' and inserting ``director's responsibilities''; (ii) by striking subsection (a) and redesignating subsections (b) through (f) as subsections (a) through (e), respectively; (iii) in subsection (b)-- (I) by amending paragraph (3)(A) to read as follows: ``(A) coordinate the work of the Fund with the work of the Fund for the Improvement of Postsecondary Education,''; (II) by amending paragraph (3)(C) to read as follows: ``(C) identify promising initiatives and solicit proposals,''; (III) by striking paragraph (2); and (IV) by redesignating paragraph (3) as paragraph (2); and (iv) in subsection (c)-- (I) by striking ``priorities rule'' and inserting ``project summary''; and (II) by striking the first two sentences; (B) in section 3233 (20 U.S.C. 4833), by striking the second sentence; and (C) in section 3243 (20 U.S.C. 4843)-- (i) by striking paragraph (2); and (ii) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (2) Technical amendment.--Section 551 of the Higher Education Act of 1965 (20 U.S.C. 1107) is amended-- (A) in subsection (a)-- (i) by striking paragraph (2); and (ii) by redesignating paragraph (3) as paragraph (2); (B) by striking subsection (c); and (C) by redesignating subsections (d) through (k) as subsections (c) through (j), respectively. (d) Department of Energy-- (1) Technical advisory committee on verification of fissile material and nuclear warhead controls.--Section 3151(c) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. (839)), which authorized the Technical Advisory Committee on Verification of Fissile Material and Nuclear Warhead Controls, is repealed. (2) Technical panel on magnetic fusion.--Section 7 of the Magnetic Fusion Energy Engineering Act of 1980 (42 U.S.C. 9306), which authorized a technical panel on magnetic fusion, is repealed. (e) Department of Health and Human Services.-- (1) Advisory council on hazardous substances research and training.--Section 311(a)(5) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(a)(5)), which authorized an advisory council on hazardous substances research and training, is repealed. (2) Advisory council on trauma care systems.--Section 1202 of the Public Health Service Act (42 U.S.C. 300d-1), which authorized the Advisory Council on Trauma Care Systems, is repealed. (3) Job opportunities and basic skills training program advisory panel.--Section 203(c)(4) of the Family Support Act of 1988 (42 U.S.C. 681 note), which authorized an advisory panel for the evaluation of the Job Opportunities and Basic Skills Training (JOBS) Program, is repealed. (4) Board of tea experts.--Section 4 of the Tea Importation Act (21 U.S.C. 42), which authorized a board of tea experts, is repealed. (5) Device good manufacturing advisory committee.--Section 520(f)(3) of the Federal Food, and Cosmetic Act (21 U.S.C. 360j(f)(3)), which authorized a device good manufacturing practice advisory committee, is repealed. (6) End stage renal disease data advisory committee.--The second sentence of section 1881(c)(7) of the Social Security Act (42 U.S.C. 1395rr(c)(7)), which authorized a professional advisory group to assist in formulation of policies and procedures relevant to the management of the end stage renal disease registry, is amended by striking everything after ``purpose of such'' and inserting ``registry and shall determine the appropriate location of the registry.''. (7) Federal hospital council.--Section 641 of the Public Health Service Act (42 U.S.C. 291k), which authorized the Federal Hospital Council, is repealed. (8) National arthritis and musculoskeletal and skin diseases advisory board.--Section 442 of the Public Health Service Act (42 U.S.C. 285d-7), which authorized the National Arthritis and Musculoskeletal and Skin Diseases Advisory Board, is repealed. (9) National commission on alcoholism and other alcohol- related problems.--Section 18 of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1979 (42 U.S.C. 4541 note), which authorized the National Commission on Alcoholism and Other Alcohol-Related Problems, is repealed. (10) National deafness and other communication disorders advisory board.--Section 464D of the Public Health Service Act (42 U.S.C. 285m-4), which authorized the National Deafness and Other Communication Disorders Advisory Board, is repealed. (11) National diabetes advisory board, national digestive diseases advisory board, and national kidney and urologic diseases advisory board.--Section 430 of the Public Health Service Act (42 U.S.C. 285c-4), which authorized the National Diabetes Advisory Board, National Digestive Diseases Advisory Board, and National Kidney and Urologic Diseases Advisory Board, is repealed. (12) Task force on aging research.--Title III of the Home Health Care and Alzheimer's Disease Amendments of 1990 (42 U.S.C. 242q through 242q-5), which authorized the Task Force on Aging Research, is repealed. (f) Department of the Interior.-- (1) Chattahoochee river national recreation area advisory commission.--Section 106 of Public Law 95-344 (16 U.S.C. 460ii- 5), which authorized the Chattahoochee River National Recreation Area Advisory Commission, is repealed. (2) Gulf islands national seashore advisory commission.-- Section 10 of Public Law 91-660 (16 U.S.C. 459h-9), which authorized the Gulf Islands National Seashore Advisory Commission, is repealed. (3) Jefferson national expansion memorial commission.-- Section 7 of the Act of August 24, 1984 (68 Stat. 98, chapter 204; 98 Stat. 1467; 16 U.S.C. 450jj-6), which authorized the Jefferson National Expansion Memorial Commission, is repealed. (4) Potomac heritage national scenic trail advisory council.--The first sentence of section 5(d) of the National Trails System Act (16 U.S.C. 1244(d)), which required the Secretary of the Interior to establish an advisory council for the Potomac Heritage National Scenic Trail, is amended by inserting ``except the Potomac Heritage Trail'' after ``respective trail''. (g) Department of Justice.--Section 5002 of title 18, United States Code, which authorized the Advisory Corrections Council, is repealed. (h) Department of Transportation.-- (1) Commercial motor vehicle safety regulatory review panel.--Section 31134 of title 49, United States Code, as enacted by Public Law 103-472 (formerly section 209 of the Motor Carrier Safety Act of 1984 (49 U.S.C. App. 2508)), which authorized the Commercial Motor Vehicle Safety Regulatory Review Panel, is repealed. (2) National driver register advisory committee.--Section 209 of the National Driver Register Act of 1982 (23 U.S.C. 401 note), which authorized the National Driver Register Advisory Committee, is repealed. (3) National highway safety advisory committee.--Section 404 of title 23, United States Code, which authorized the National Highway Safety Advisory Committee, is repealed.

Advisory Committee Termination Act of 1994 - Amends specified Federal law to repeal authority for specified advisory committees in the Departments of: (1) Agriculture; (2) Defense; (3) Education; (4) Energy; (5) Health and Human Services; (6) the Interior; (7) Justice; and (8) Transportation.

Advisory Committee Termination Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Housing Energy Savings Act of 2010''. SEC. 2. UTILITY AND WASTE MANAGEMENT COST SAVINGS. Subparagraph (C) of section 9(e)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)(2)(C)) is amended-- (1) by striking the subparagraph designation and heading and all that follows through ``Contracts described in clause (i)'' in clause (ii) and inserting the following: ``(C) Treatment of utility and waste management cost savings.-- ``(i) In general.--The treatment of utility and waste management costs under the formula shall provide that a public housing agency shall receive the full financial benefit from any reduction in the cost of utilities or waste management resulting from energy conservation improvements in one or more of its public housing projects, subject to the following: ``(I) Third party contracts.--In the case of energy conservation improvements in public housing undertaken pursuant to a contract with a third party, such contracts''; (2) in clauses (iii) and (iv), by striking ``clause (i)'' each place such term appears and inserting ``subclause (I)''; (3) in clause (iv), by striking ``the date of the enactment of this clause'' and inserting ``December 26, 2007,''; (4) by redesignating clauses (iii) and (iv) as subclauses (II) and (III), respectively, and realigning such subclauses, as so redesignated, so as to be indented 8 ems from the left margin; and (5) by adding at the end the following new clauses: ``(ii) Financing of improvements.--Energy conservation improvements may be undertaken pursuant to a contract for the improvements only, and the public housing agency may finance such improvements for a period of up to 20 years. A public housing agency may pledge operating assistance under this subsection as security for such financings in an amount not to exceed the lesser of-- ``(I) the amount of the debt service, plus such appropriate debt service coverage factor as the Secretary may establish; and ``(II) the amount of the reasonably anticipated utility cost savings resulting from the improvements, as determined by the Secretary. The Secretary may also permit the pledging of the installed equipment related to such improvements. ``(iii) Freeze of consumption levels.-- ``(I) In general.--A public housing agency may elect to be paid for its utility costs, including utility allowances, under the formula for a period, at the discretion of the agency, of not longer than 20 years based on the agency's average annual consumption during the 3-year period preceding the year in which the election is made (in this clause referred to as the `consumption base level'). ``(II) Initial adjustments in consumption base level.--The Secretary shall make an initial one-time adjustment in the consumption base level to account for differences in the heating degree day average over the most recent 20-year period compared to the average in the consumption base level. ``(III) Ongoing adjustments in consumption base level.--The Secretary shall make adjustments in the consumption base level to account for an increase or reduction in units, a change in fuel source, a change in resident-controlled electricity consumption, or for such other reasons as the Secretary considers appropriate. ``(IV) Third parties.--A public housing agency making an election under subclause (I) may use, but shall not be required to use, the services of a third party in its energy conservation program. The agency shall have the sole discretion to determine the source, terms, and conditions of any financing used for its program.''.

Public Housing Energy Savings Act of 2010 - Amends the United States Housing Act of 1937 to authorize: (1) energy conservation improvements in public housing projects to be undertaken pursuant to a contract for the improvements only; (2) a public housing agency to finance such improvements for a period of up to 20 years; (3) a public housing agency to pledge operating assistance as security for such financing in an amount not to exceed the lesser of the amount of the debt service plus such appropriate debt service coverage factor as the Secretary of Housing and Urban Development (HUD) may establish and the amount of the reasonably anticipated utility cost savings resulting from the improvement; (4) the Secretary to permit the pledging of the installed equipment related to such improvements; and (5) a public housing agency to elect to be paid for its utility costs under the formula for determining the amount of assistance provided to public housing agencies from the Capital Fund for a period of no longer than 20 years based on the agency's average annual consumption during the three-year period preceding the year in which the election is made (consumption base level). Requires the Secretary to make: (1) an initial one time adjustment in the consumption base level to account for differences in the heating degree day average over the most recent 20-year period compared to the average in the consumption base level; and (2) adjustments in the consumption base level to account for an increase or reduction in units, a change in fuel source, or a change in resident-controlled electricity consumption.

To authorize public housing agencies to use public housing operating funds as collateral for financing energy conservation improvements and to freeze utility consumption levels for purposes of determining Operating Fund assistance, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seafood Safety and Mercury Screening Act of 2002''. SEC. 2. REQUIREMENT OF ESTABLISHMENT OF TOLERANCE FOR METHYL MERCURY IN SEAFOOD. Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended-- (1) in section 402(a)(2)(A), by inserting ``methyl mercury in seafood,'' after ``food additive,''; (2) in section 402(a)(2), by inserting after ``section 512; or'' the following: ``(D) if it is seafood that bears or contains methyl mercury that is unsafe within the meaning of section 406A(a); or''; and (3) by inserting after section 406 the following section: ``tolerance for methyl mercury in seafood ``Sec. 406A. (a) In General.--Not later than one year after the date of the enactment of the Seafood Safety and Mercury Screening Act of 2002, the Secretary shall by regulation establish a tolerance for the presence of methyl mercury in seafood, which shall be based on a scientific analysis of the health risks attributable to such substance. Any seafood containing methyl mercury shall be deemed unsafe for purposes of section 402(a)(2)(D) unless the quantity of such substance is within the limits of the tolerance. ``(b) Standard.-- ``(1) In general.--The Secretary shall ensure that the tolerance under subsection (a) is safe, and shall modify or revoke the tolerance if the Secretary determines that it is not safe. ``(2) Determination of safety.--As used in this section, the term `safe', with respect to a tolerance for methyl mercury in seafood, means that the Secretary has determined that there is a reasonable certainty that no harm will result from aggregate exposure to methyl mercury, including all anticipated dietary exposures and all other exposures for which there is reliable information. ``(c) Pregnant Women, Infants, and Children.--In establishing or modifying a tolerance under subsection (a), the Secretary shall ensure that there is a reasonable certainty that no harm will result to pregnant women, infants, and children from aggregate exposure to methyl mercury. ``(d) Sampling System.--Not later than 18 months after the date of the enactment of the Seafood Safety and Mercury Screening Act of 2002, the Secretary, after consultation with the Secretary of Agriculture, shall establish a system for the ongoing collection and analysis of samples of seafood to determine the extent of compliance with the tolerance under subsection (a). Such system shall provide statistically valid monitoring, including market-basket studies, with respect to such compliance. ``(e) Public Education and Advisory System.-- ``(1) Public education.--The Secretary, in cooperation with private and public organizations, including the cooperative extension services and appropriate State entities, shall design and implement a national public education program regarding the presence of methyl mercury in seafood. The program shall provide-- ``(A) information to the public regarding Federal standards and good practice requirements and promotion of public awareness understanding and acceptance of such standards and requirements; ``(B) information to health professionals so that they may improve diagnosis and treatment of mercury- related illness and advise individuals whose health conditions place them in particular risk; and ``(C) such other information or advice to consumers and other persons as the Secretary determines will promote the purposes of this section. ``(2) Health advisories.--The Secretary, in consultation with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, shall work with the States and other appropriate entities to-- ``(A) develop and distribute regional and national advisories concerning the presence of methyl mercury in seafood; ``(B) develop standardized formats for written and broadcast advisories regarding methyl mercury in seafood; and ``(C) incorporate State and local advisories into the national public education program required in paragraph (1).''. SEC. 3. CONSIDERATION OF REPORT OF NATIONAL ACADEMY OF SCIENCES. In carrying out section 406A of the Federal Food, Drug, and Cosmetic Act (as added by the amendment made by section 2 of this Act), the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall consider the findings made by the National Academy of Sciences regarding the Environmental Protection Agency's recommended level for methyl mercury exposure and the presence of methyl mercury in seafood, as such findings are described in the report issued by such Academy in July 2000. SEC. 4. REPORT. Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall submit to the Congress a report on the progress of the Secretary in establishing the tolerance required by the amendments made by section 2. The report shall include a description of the research that has been conducted with respect to the tolerance.

Seafood Safety and Mercury Screening Act of 2002 - Amends the Federal Food, Drug, and Cosmetic Act to: (1) provide that seafood containing an unsafe quantity of methyl mercury shall be deemed to be adulterated; (2) require the Secretary of Health and Human Services to establish a tolerance for methyl mercury in seafood based on a scientific analysis of the health risks attributable to such substance; and (3) deem unsafe any seafood containing methyl mercury over the tolerance limits.Requires the Secretary to ensure that there is a reasonable certainty that no harm will result to pregnant women, infants, and children from aggregate exposure to methyl mercury.Directs the Secretary to: (1) establish a sampling system to determine the extent of tolerance compliance; (2) design and implement a related public education program; (3) develop national and regional methyl mercury advisories; and (4) consider certain findings of the National Academy of Sciences regarding the Environmental Protection Agency's recommended level for methyl mercury.

To amend the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to establish a tolerance for the presence of methyl mercury in seafood, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Catastrophe Savings Accounts Act of 2006''. SEC. 2. CATASTROPHE SAVINGS ACCOUNTS. (a) In General.--Subchapter F of Chapter 1 of the Internal Revenue Code of 1986 (relating to exempt organizations) is amended by adding at the end the following new part: ``PART IX--CATASTROPHE SAVINGS ACCOUNTS ``SEC. 530A. CATASTROPHE SAVINGS ACCOUNTS. ``(a) General Rule.--A Catastrophe Savings Account shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, such account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). ``(b) Catastrophe Savings Account.--For purposes of this section, the term `Catastrophe Savings Account' means a trust created or organized in the United States for the exclusive benefit of an individual or his beneficiaries and which is designated (in such manner as the Secretary shall prescribe) at the time of the establishment of the trust as a Catastrophe Savings Account, but only if the written governing instrument creating the trust meets the following requirements: ``(1) Except in the case of a qualified rollover contribution-- ``(A) no contribution will be accepted unless it is in cash, and ``(B) contributions will not be accepted in excess of the account balance limit specified in subsection (c). ``(2) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section. ``(3) The interest of an individual in the balance of his account is nonforfeitable. ``(4) The assets of the trust shall not be commingled with other property except in a common trust fund or common investment fund. ``(c) Account Balance Limit.--The aggregate account balance for all Catastrophe Savings Accounts maintained for the benefit of an individual (including qualified rollover contributions) shall not exceed-- ``(1) in the case of an individual whose qualified deductible is not more than $1,000, $2,000, and ``(2) in the case of an individual whose qualified deductible is more than $1,000, the amount equal to the lesser of-- ``(A) $15,000, or ``(B) twice the amount of the individual's qualified deductible. ``(d) Definitions.--For purposes of this section-- ``(1) Qualified catastrophe expenses.--The term `qualified catastrophe expenses' means expenses paid or incurred by reason of a major disaster that has been declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. ``(2) Qualified deductible.--With respect to an individual, the term `qualified deductible' means the annual deductible for the individual's homeowners' insurance policy. ``(3) Qualified rollover contribution.--The term `qualified rollover contribution' means a contribution to a Catastrophe Savings Account-- ``(A) from another such account of the same beneficiary, but only if such amount is contributed not later than the 60th day after the distribution from such other account, and ``(B) from a Catastrophe Savings Account of a spouse of the beneficiary of the account to which the contribution is made, but only if such amount is contributed not later than the 60th day after the distribution from such other account. ``(e) Tax Treatment of Distributions.-- ``(1) In general.--Any distribution from a Catastrophe Savings Account shall be includible in the gross income of the distributee in the manner as provided in section 72. ``(2) Distributions for qualified catastrophe expenses.-- ``(A) In general.--No amount shall be includible in gross income under paragraph (1) if the qualified catastrophe expenses of the distributee during the taxable year are not less than the aggregate distributions during the taxable year. ``(B) Distributions in excess of expenses.--If such aggregate distributions exceed such expenses during the taxable year, the amount otherwise includible in gross income under paragraph (1) shall be reduced by the amount which bears the same ratio to the amount which would be includible in gross income under paragraph (1) (without regard to this subparagraph) as the qualified catastrophe expenses bear to such aggregate distributions. ``(3) Additional tax for distributions not used for qualified catastrophe expenses.--The tax imposed by this chapter for any taxable year on any taxpayer who receives a payment or distribution from a Catastrophe Savings Account which is includible in gross income shall be increased by 10 percent of the amount which is so includible. ``(4) Retirement distributions.--No amount shall be includible in gross income under paragraph (1) (or subject to an additional tax under paragraph (3)) if the payment or distribution is made on or after the date on which the distributee attains age 62. ``(f) Tax Treatment of Accounts.--Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to any Catastrophe Savings Account.''. (b) Tax on Excess Contributions.-- (1) In general.--Subsection (a) of section 4973 of the Internal Revenue Code of 1986 (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended by striking ``or'' at the end of paragraph (4), by inserting ``or'' at the end of paragraph (5), and by inserting after paragraph (5) the following new paragraph: ``(6) a Catastrophe Savings Account (as defined in section 530A),''. (2) Excess contribution.--Section 4973 of such Code is amended by adding at the end the following new subsection: ``(h) Excess Contributions to Catastrophe Savings Accounts.--For purposes of this section, in the case of Catastrophe Savings Accounts (within the meaning of section 530A), the term `excess contributions' means the amount by which the aggregate account balance for all Catastrophe Savings Accounts maintained for the benefit of an individual exceeds the account balance limit defined in section 530A(c)(1).''. (c) Conforming Amendment.--The table of parts for subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Part IX. Catastrophe Savings Accounts''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006.

Catastrophe Savings Accounts Act of 2006 - Amends the Internal Revenue Code to create tax-exempt catastrophe savings accounts (CSAs). Allows tax-free distributions from CSAs to pay expenses resulting from a presidentially declared major disaster. Limits CSA balances to: (1) $2,000 (for individuals with homeowner insurance deductibles of not more than $1,000); and (2) the lesser of $15,000 or twice a homeowner's insurance deductible (for individuals with deductibles of more than $1,000).

A bill to amend the Internal Revenue Code of 1986 to create Catastrophe Savings Accounts.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Protecting Seniors from Health Care Fraud Act of 2016''. (b) Findings.--Congress finds the following: (1) Seniors are more vulnerable to fraud than the general population. (2) Because seniors require more health care services than the general population, they need more information on health care schemes so they can protect themselves. (3) The Department of Health and Human Services should provide more up-to-date information in order to educate seniors on health care scams. SEC. 2. DISTRIBUTION OF ADDITIONAL INFORMATION TO SENIORS TO PREVENT HEALTH CARE FRAUD. Section 1804 of the Social Security Act (42 U.S.C. 1395b-2) is amended by adding at the end the following new subsection: ``(d) Distribution of Additional Information on Health Care Fraud.-- ``(1) Annual reports on health care fraud schemes.-- ``(A) In general.--In connection with the Health Care Fraud and Abuse Control Program established under section 1128C, the Secretary, acting through the Office of the Inspector General of the Department of Health and Human Services, and the Attorney General, shall transmit to Congress, and make available to the public, an annual report on health care fraud schemes that are targeted to seniors and steps that are being taken to combat such schemes and to educate seniors concerning such schemes. The first such report shall be transmitted and made available not later than 2 years after the date of the enactment of this subsection. ``(B) Contents of reports.-- ``(i) In general.--Subject to clause (ii), each annual report under subparagraph (A) shall include the following information: ``(I) Identification of most prevalent fraud schemes.--The identification of the 10 most prevalent health care fraud schemes that are targeted to seniors and the prevalence and trends in such schemes. ``(II) Protection of seniors.-- Actions that seniors and law enforcement and government agencies are taking and can take to combat such schemes and to protect seniors against health care fraud schemes. ``(III) Additional suggestions.-- Policy suggestions to improve protections for seniors, including whether the additional information provided under this subsection is helping seniors in protecting them against fraud. ``(ii) Limitations.--The Secretary may-- ``(I) omit information from an annual report on fraud schemes targeting seniors if public disclosure of the information would compromise an ongoing investigation; and ``(II) report information on fraud schemes by categories in an annual report if a more detailed disclosure of such a scheme would educate criminals rather than seniors. ``(iii) Private-public partnership.--The Secretary, acting through the Office of the Inspector General of the Department of Health and Human Services and the Attorney General, may enter into an arrangement between public and private partners to develop the report that identifies the top 10 most prevalent health care fraud schemes and the associated report information. ``(C) Quarterly updating.--The information described in clauses (i) and (ii) of subparagraph (B) shall be updated quarterly to reflect changes in fraud schemes and methods to combat and educate seniors concerning such schemes. ``(D) Languages.--Such reports, as updated, shall be available in English and Spanish. ``(2) Dissemination of reports and top 10 list.-- ``(A) In general.--The Secretary shall-- ``(i) disseminate the reports under paragraph (1) to Medicare beneficiaries through mechanisms that reach the most Medicare beneficiaries; and ``(ii) provide for the mailing to each Medicare beneficiary of a list of the top 10 most prevalent health care fraud schemes. ``(B) Quarterly updates of top 10 list included with medicare summary notices.--The Secretary shall include an updated list of the top 10 most prevalent health care fraud schemes under paragraph (1)(C) with the quarterly Medicare summary notices mailed to Medicare beneficiaries. ``(C) Posting of reports and quarterly updates on websites.--The annual reports, and quarterly updates, under this subsection shall be posted on the website of the Health Care Fraud and Abuse Control Program and on other websites maintained or supported by the Secretary relating to the Medicare program, the State Health Insurance Assistance Program, and Senior Medicare Patrol of the Administration on Aging. ``(3) Sources of information for reports.--Information for the reports and updates under paragraph (1) shall be gathered from at least the following sources: ``(A) Department of health and human services.--The following sources within the Department of Health and Human Services: ``(i) Medicare hotlines, including 1-800- MEDICARE, 1-800-HHSTIPS, and Medicare fraud toll-free hotlines and websites (such as www.stopmedicarefraud.gov) established by the Office of the Inspector General of the Department of Health and Human Services and the Centers for Medicare & Medicaid Services. ``(ii) State Health Insurance Assistance Programs (SHIPs). ``(iii) The Administration on Community Living, including-- ``(I) the Senior Medicare Patrol (SMP) of the Administration on Aging; and ``(II) Aging and Disability Resource Centers. ``(iv) Medicare administrative contractors, fiscal intermediaries, and other contractors with the Centers for Medicare & Medicaid Services performing functions which may relate to fraud and abuse under the Medicare program. ``(v) The Indian Health Service. ``(B) Department of justice.--The Department of Justice, including the Federal Bureau of Investigation. ``(C) SSA.--The Social Security Administration. ``(D) FTC.--The Federal Trade Commission. ``(E) Optional additional sources.--At the option of the Secretary-- ``(i) State agencies that deal with elder abuse; and ``(ii) other governmental and nongovernmental entities with expertise in the protection of seniors from health care fraud as deemed appropriate.''.

Protecting Seniors from Health Care Fraud Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to direct the Department of Health and Human Services (HHS) to report annually to Congress and the public on: (1) the ten most prevalent health care fraud schemes targeted to seniors, (2) steps being taken to combat such schemes, and (3) policy suggestions to improve protections for seniors. HHS may omit certain information from an annual report if public disclosure would compromise an ongoing investigation or educate criminals rather than seniors. HHS shall disseminate reports to Medicare beneficiaries as specified by the bill.

Protecting Seniors from Health Care Fraud Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Summer Term Education Programs for Upward Performance Act of 2005'' or the ``STEP UP Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) All students experience learning losses when they do not engage in educational activities during the summer. (2) Students on average lose more than 1 month's worth of reading skills, and 2 months or more in mathematics facts and skills, during the summer. (3) The impact of summer learning loss is greatest for children living in poverty, for children with learning disabilities, and for children who do not speak English at home. (4) While middle-class children's test scores plateau or even rise during the summer months, scores plummet for children living in poverty. Disparities grow, so that reading scores of disadvantaged students can fall more than 3 months behind the scores of their middle-class peers. (5) Summer learning losses by children living in poverty accumulate over the elementary school years, so that their achievement scores fall further and further behind the scores of their more advantaged peers as the children progress through school. (6) This summer slide is costly for American education. Analysis by Professor Harris Cooper and his colleagues finds that 2 months of the school year are lost: 1 month spent in reteaching and 1 month spent not providing new instruction. (7) Analysis of summer learning programs has demonstrated their effectiveness. In the BELL programs in Boston, New York, and Washington, DC, students gained several months' worth of reading and mathematics skills in 6 weeks, with a majority of those students moving to a higher performance category, as assessed by standardized mathematics and reading tests. In the Center for Summer Learning's Teach Baltimore Summer Academy, randomized studies show that students who regularly attended the program for not less than 2 summers gained advantages of 70 to 80 percent of 1 full grade level in reading over control- group peers who did not attend summer school. (8) Summer learning programs are proven to remedy, reinforce, and accelerate learning, and can serve to close the achievement gap in education. SEC. 3. PURPOSE. The purpose of this Act is to create opportunities for summer learning by providing summer learning grants to eligible students, in order to-- (1) provide the students with access to summer learning; (2) facilitate the enrollment of students in elementary schools or youth development organizations during the summer; (3) promote collaboration between teachers and youth development professionals in order to bridge gaps between schools and youth programs; and (4) encourage teachers to try new techniques, acquire new skills, and mentor new colleagues. SEC. 4. DEFINITIONS. In this Act: (1) Educational service agency.--The term ``educational service agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Eligible entity.--The term ``eligible entity'' means an entity that-- (A) desires to participate in a summer learning grant program under this Act by providing summer learning opportunities described in section 6(d)(1)(B) to eligible students; and (B) is-- (i) a local educational agency; (ii) a for-profit educational provider, nonprofit organization, or summer enrichment camp, that has been approved by the State educational agency to provide the summer learning opportunity described in section 6(d)(1)(B), including an entity that is in good standing that has been previously approved by a State educational agency to provide supplemental educational services; or (iii) a consortium consisting of a local educational agency and 1 or more of the following entities: (I) Another local educational agency. (II) A community-based youth development organization with a demonstrated record of effectiveness in helping students learn. (III) An institution of higher education. (IV) An educational service agency. (V) A for-profit educational provider described in clause (ii). (VI) A nonprofit organization described in clause (ii). (VII) A summer enrichment camp described in clause (ii) (3) Eligible student.--The term ``eligible student'' means a student who-- (A) is eligible for a free lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); (B) is served by a local educational agency identified by the State educational agency in the application described in section 5(b); or (C)(i) in the case of a summer learning grant program authorized under this Act for fiscal year 2006, 2007, or 2008, is eligible to enroll in any of the grades kindergarten through grade 3 for the school year following participation in the program; or (ii) in the case of a summer learning grant program authorized under this Act for fiscal year 2009 or 2010, is eligible to enroll in any of the grades kindergarten through grade 5 for the school year following participation in the program. (4) 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)). (5) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) Secretary.--The term ``Secretary'' means the Secretary of Education. (7) State.--The term ``State'' means each of the several States of the United 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, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (8) State educational agency.--The term ``State educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). SEC. 5. DEMONSTRATION GRANT PROGRAM. (a) Program Authorized.-- (1) In general.--From the funds appropriated under section 8 for a fiscal year, the Secretary shall carry out a demonstration grant program in which the Secretary awards grants, on a competitive basis, to State educational agencies to enable the State educational agencies to pay the Federal share of summer learning grants for eligible students. (2) Number of grants.--For each fiscal year, the Secretary shall award not more than 5 grants under this section. (b) Application.--A State educational agency that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Such application shall identify the areas in the State where the summer learning grant program will be offered and the local educational agencies that serve such areas. (c) Award Basis.--In awarding grants under this section, the Secretary shall take into consideration an equitable geographic distribution of the grants. SEC. 6. SUMMER LEARNING GRANTS. (a) Use of Grants for Summer Learning Grants.-- (1) In general.--Each State educational agency that receives a grant under section 5 for a fiscal year shall use the grant funds to provide summer learning grants for the fiscal year to eligible students in the State who desire to attend a summer learning opportunity offered by an eligible entity that enters into an agreement with the State educational agency under subsection (d)(1). (2) Amount; federal and non-federal shares.-- (A) Amount.--The amount of a summer learning grant provided under this Act shall be-- (i) for each of the fiscal years 2006 through 2009, $1,600; and (ii) for fiscal year 2010, $1,800. (B) Federal share.--The Federal share of each summer learning grant shall be not more than 50 percent of the amount of the summer learning grant determined under subparagraph (A). (C) Non-federal share.--The non-Federal share of each summer learning grant shall be not less than 50 percent of the amount of the summer learning grant determined under subparagraph (A), and shall be provided from non-Federal sources, such as State or local sources. (b) Designation of Summer Scholars.--Eligible students who receive summer learning grants under this Act shall be known as ``summer scholars''. (c) Selection of Summer Learning Opportunity.-- (1) Dissemination of information.--A State educational agency that receives a grant under section 5 shall disseminate information about summer learning opportunities and summer learning grants to the families of eligible students in the State. (2) Application.--The parents of an eligible student who are interested in having their child participate in a summer learning opportunity and receive a summer learning grant shall submit an application to the State educational agency that includes a ranked list of preferred summer learning opportunities. (3) Process.--A State educational agency that receives an application under paragraph (2) shall-- (A) process such application; (B) determine whether the eligible student shall receive a summer learning grant; (C) coordinate the assignment of eligible students receiving summer learning grants with summer learning opportunities; and (D) if demand for a summer learning opportunity exceeds capacity-- (i) in a case where information on the school readiness (based on school records and assessments of student achievement) of the eligible students is available, give priority for the summer learning opportunity to eligible students with low levels of school readiness; or (ii) in a case where such information on school readiness is not available, rely on randomization to assign the eligible students. (4) Flexibility.--A State educational agency may assign a summer scholar to a summer learning opportunity program that is offered in an area served by a local educational agency that is not the local educational agency serving the area where such scholar resides. (5) Requirement of acceptance.--An eligible entity shall accept, enroll, and provide the summer learning opportunity of such entity to, any summer scholar assigned to such summer learning opportunity by a State educational agency pursuant to this subsection. (d) Agreement With Eligible Entity.-- (1) In general.--A State educational agency shall enter into an agreement with the eligible entity offering a summer learning opportunity, under which-- (A) the State educational agency shall agree to make payments to the eligible entity, in accordance with paragraph (2), for a summer scholar; and (B) the eligible entity shall agree to provide the summer scholar with a summer learning opportunity that-- (i) provides a total of not less than the equivalent of 30 full days of instruction (or not less than the equivalent of 25 full days of instruction, if the equivalent of an additional 5 days is devoted to field trips or other enrichment opportunities) to the summer scholar; (ii) employs small-group, research-based educational programs, materials, curricula, and practices; (iii) provides a curriculum that-- (I) emphasizes reading and mathematics; (II) is primarily designed to increase the literacy and numeracy of the summer scholar; and (III) is aligned with the standards and goals of the school year curriculum of the local educational agency serving the summer scholar; (iv) applies assessments to measure the skills taught in the summer learning opportunity and disaggregates the results of the assessments for summer scholars by race and ethnicity, economic status, limited English proficiency status, and disability category, in order to determine the opportunity's impact on each subgroup of summer scholars; (v) collects daily attendance data on each summer scholar; and (vi) meets all applicable Federal, State, and local civil rights laws. (2) Amount of payment.-- (A) In general.--Except as provided in subparagraph (B), a State educational agency shall make a payment to an eligible entity for a summer scholar in the amount determined under subsection (a)(2)(A). (B) Adjustment.--In the case in which a summer scholar does not attend the full summer learning opportunity, the State educational agency shall reduce the amount provided to the eligible entity pursuant to subparagraph (A) by a percentage that is equal to the percentage of the summer learning opportunity not attended by such scholar. (e) Use of School Facilities.--State educational agencies are encouraged to require local educational agencies in the State to allow eligible entities, in offering summer learning opportunities, to make use of school facilities in schools served by such local educational agencies at reasonable or no cost. (f) Access of Records.--An eligible entity offering a summer learning opportunity under this Act is eligible to receive, upon request, the school records and any previous supplemental educational services assessment records of a summer scholar served by such entity. (g) Administrative Costs.--A State educational agency or eligible entity receiving funding under this Act may use not more than 5 percent of such funding for administrative costs associated with carrying out this Act. SEC. 7. EVALUATIONS; REPORT; WEBSITE. (a) Evaluation and Assessment.--For each year that an eligible entity enters into an agreement under section 6(d), the eligible entity shall prepare and submit to the Secretary a report on the activities and outcomes of each summer learning opportunity that enrolled a summer scholar, including-- (1) information on the design of the summer learning opportunity; (2) the alignment of the summer learning opportunity with State standards; and (3) data from assessments of student mathematics and reading skills for the summer scholars and on the attendance of the scholars, disaggregated by the subgroups described in section 6(d)(1)(B)(iv). (b) Report.--For each year funds are appropriated under section 8 for this Act, the Secretary shall prepare and submit a report to Congress on the summer learning grant programs, including the effectiveness of the summer learning opportunities in improving student achievement. (c) Summer Learning Grants Website.--The Secretary shall make accessible, on the Department of Education website, information for parents and school personnel on successful programs and curricula, and best practices, for summer learning opportunities. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $100,000,000 for fiscal year 2006 and such sums as may be necessary for each of the fiscal years 2007 through 2010.

Summer Term Education Programs for Upward Performance Act of 2005, or STEP UP Act of 2005 - Directs the Secretary of Education to make competitive demonstration grants to state educational agencies to pay the federal share of summer learning grants for eligible students to be summer scholars in summer learning opportunity programs.

A bill to authorize resources to provide students with opportunities for summer learning through summer learning grants.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health, Safety, and Security of Peace Corps Volunteers Act of 2004''. SEC. 2. OMBUDSMAN OF THE PEACE CORPS. The Peace Corps Act (22 U.S.C. 2501 et seq.) is amended by inserting after section 4 the following new section: ``SEC. 4A. OMBUDSMAN OF THE PEACE CORPS. ``(a) Establishment.--There is established in the Peace Corps the Office of the Ombudsman of the Peace Corps (hereinafter in this section referred to as the `Office'). The Office shall be headed by the Ombudsman of the Peace Corps (hereinafter in this section referred to as the `Ombudsman'), who shall be appointed by and report directly to the Director of the Peace Corps. ``(b) Volunteer Complaints and Other Matters.--The Ombudsman shall receive and, as appropriate, inquire into complaints, questions, or concerns submitted by current or former volunteers regarding services or support provided by the Peace Corps to its volunteers, including matters pertaining to-- ``(1) the safety and security of volunteers; ``(2) due process, including processes relating to separation from the Peace Corps; ``(3) benefits and assistance that may be due to current or former volunteers; ``(4) medical or other health-related assistance; and ``(5) access to files and records of current or former volunteers. ``(c) Employee Complaints and Other Matters.--The Ombudsman shall receive and, as appropriate, inquire into complaints, questions, or concerns submitted by current or former employees of the Peace Corps on any matters of grievance. ``(d) Additional Duties.--The Ombudsman shall-- ``(1) recommend responses to individual matters received under subsections (b) and (c); ``(2) make recommendations for administrative or regulatory adjustments to address recurring problems or other difficulties of the Peace Corps; ``(3) identify systemic issues that relate to the practices, policies, and administrative procedures of the Peace Corps affecting volunteers and employees; and ``(4) call attention to problems not yet adequately considered by the Peace Corps. ``(e) Standards of Operation.--The Ombudsman shall carry out the duties under this section in a manner that is-- ``(1) independent, impartial in the conduct of inquiries, and confidential; and ``(2) consistent with the revised Standards for the Establishment and Operation of Ombudsman Offices (August 2003) as endorsed by the American Bar Association. ``(f) Involvement in Matters Subject to Ongoing Adjudication, Litigation, or Investigation.--The Ombudsman shall refrain from any involvement in the merits of individual matters that are the subject of ongoing adjudication or litigation, or investigations related to such adjudication or litigation. ``(g) Reports.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, and semiannually thereafter, the Ombudsman shall submit to the Director of the Peace Corps, the Chair of the Peace Corps National Advisory Council, and Congress a report containing a summary of-- ``(A) the complaints, questions, and concerns considered by the Ombudsman; ``(B) the inquiries completed by the Ombudsman; ``(C) recommendations for action with respect to such complaints, questions, concerns, or inquiries; and ``(D) any other matters that the Ombudsman considers relevant. ``(2) Confidentiality.--Each report submitted under paragraph (1) shall maintain confidentiality on any matter that the Ombudsman considers appropriate in accordance with subsection (e). ``(h) Definition.--In this section, the term `employee' means an employee of the Peace Corps, an employee of the Office of Inspector General of the Peace Corps, an individual appointed or assigned under the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) to carry out functions under this Act, or an individual subject to a personal services contract with the Peace Corps.''. SEC. 3. OFFICE OF SAFETY AND SECURITY OF THE PEACE CORPS. The Peace Corps Act (22 U.S.C. 2501 et seq.), as amended by section 2 of this Act, is further amended by inserting after section 4A the following new section: ``SEC. 4B. OFFICE OF SAFETY AND SECURITY OF THE PEACE CORPS. ``(a) Establishment.--There is established in the Peace Corps the Office of Safety and Security of the Peace Corps (hereinafter in this section referred to as the `Office'). The Office shall be headed by the Associate Director of Safety and Security of the Peace Corps, who shall be appointed by and report directly to the Director of the Peace Corps. ``(b) Responsibilities.--The Office established under subsection (a) shall be responsible for all safety and security activities of the Peace Corps, including background checks of volunteers and staff, safety and security of volunteers and staff (including training), safety and security of facilities, security of information technology, and other responsibilities as required by the Director. ``(c) Sense of Congress.--It is the sense of Congress that-- ``(1) the Associate Director of Safety and Security of the Peace Corps, as appointed pursuant to subsection (a) of this section, should assign a Peace Corps country security coordinator for each country where the Peace Corps has a program of volunteer service for the purposes of carrying out the field responsibilities of the Office established under subsection (a); and ``(2) each country security coordinator-- ``(A) should be under the supervision of the Peace Corps country director in each such country; ``(B) should report directly to the Associate Director of Safety and Security of the Peace Corps, as appointed pursuant to subsection (a) of this section, on all matters of importance as the country security coordinator considers necessary; ``(C) should be responsible for coordinating with the regional security officer of the Peace Corps responsible for the country to which such country security officer is assigned; and ``(D) should be a United States citizen who has access to information, including classified information, relating to the possible threats against Peace Corps volunteers.''. SEC. 4. OFFICE OF MEDICAL SERVICES OF THE PEACE CORPS. (a) Report on Medical Screening and Placement Coordination.--Not later than 120 days after the date of the enactment of this Act, the Director of the Peace Corps shall submit to the appropriate congressional committees a report that-- (1) describes the medical screening procedures and guidelines used by the office responsible for medical services of the Peace Corps to determine whether an applicant for Peace Corps service has worldwide clearance, limited clearance, a deferral period, or is not medically, including psychologically, qualified to serve in the Peace Corps as a volunteer; (2) describes the procedures and guidelines used by the Peace Corps to ensure that applicants for Peace Corps service are matched with a host country where the applicant, reasonable accommodations notwithstanding, can complete at least two years of volunteer service without interruption due to foreseeable medical conditions; and (3) with respect to each of the fiscal years 2000 through 2003 and the first six months of fiscal year 2004, states the number of-- (A) medical screenings of applicants conducted; (B) applicants who have received worldwide clearance, limited clearance, deferral periods, and medical disqualifications to serve; (C) appeals to the Medical Screening Review Board of the Peace Corps and the number of times that an initial screening decision was upheld; (D) requests to the head of the office responsible for medical services of the Peace Corps for reconsideration of a decision of the Medical Screening Review Board and the number of times that the decision of the Medical Screening Review Board was upheld by the head of such office; (E) Peace Corps volunteers who became medically qualified to serve because of a decision of the Medical Screening Review Board and who were later evacuated or terminated their service early due to medical reasons; (F) Peace Corps volunteers who became medically qualified to serve because of a decision of the head of the office responsible for medical services of the Peace Corps and who were later evacuated or terminated their service early due to medical reasons; (G) Peace Corps volunteers who the agency has had to separate from service due to the discovery of undisclosed medical information; and (H) Peace Corps volunteers who have terminated their service early due to medical, including psychological, reasons. (b) Definition.--In subsection (a), the term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (c) Full Time Director of Medical Services.--Section 4(c) of the Peace Corps Act (22 U.S.C. 2503(c)) is amended by adding at the end the following new paragraph: ``(5) The Director of the Peace Corps shall ensure that the head of the office responsible for medical services of the Peace Corps does not occupy any other position in the Peace Corps.''. SEC. 5. REPORTS ON THE ``FIVE YEAR RULE'' AND ON WORK ASSIGNMENTS OF VOLUNTEERS OF THE PEACE CORPS. (a) Report by the Comptroller General.-- (1) In general.--Not later than one year after the date of enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report on the effects of the limitation on the duration of employment, appointment, or assignment of officers and employees of the Peace Corps under section 7 of the Peace Corps Act (22 U.S.C. 2506) on the ability of the Peace Corps to effectively manage Peace Corps operations. (2) Contents.--The report described in paragraph (1) shall include-- (A) a description of such limitation; (B) a description of the history of such limitation and the purposes for which it was enacted and amended; (C) an analysis of the impact of such limitation on the ability of the Peace Corps to recruit capable volunteers, establish productive and worthwhile assignments for volunteers, provide for the health, safety, and security of volunteers, and, as declared in section 2(a) of the Peace Corps Act (22 U.S.C. 2501(a)), ``promote a better understanding of the American people on the part of the peoples served and a better understanding of other peoples on the part of the American people''; (D) an assessment of whether the application of such limitation has accomplished the objectives for which it was intended; and (E) recommendations, if any, for legislation to amend provisions of the Peace Corps Act relating to such limitation. (b) Report on Work Assignments of Volunteers.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Director of the Peace Corps shall submit to the appropriate congressional committees a report on the extent to which the work assignments of Peace Corps volunteers fulfill the commitment of the Peace Corps to ensuring that such assignments are well developed, with clear roles and expectations, and that volunteers are well-suited for their assignments. (2) Contents.--The report described in paragraph (1) shall include-- (A) an assessment of the extent to which agreements between the Peace Corps and host countries delineate clear roles for volunteers in assisting host governments to advance their national development strategies; (B) an assessment of the extent to which the Peace Corps recruits volunteers who have skills that correlate with the expectations cited in the country agreements and assigns such volunteers to such posts; (C) a description of procedures for determining volunteer work assignments and minimum standards for such assignments; (D) a volunteer survey on health, safety, and security issues as well as satisfaction surveys which will have been conducted after the date of the enactment of this Act; and (E) an assessment of the plan of the Peace Corps to increase the number of volunteers who are assigned to projects in sub-Saharan Africa, Asia, and the Western Hemisphere, particularly among communities of African descent within countries in the Western Hemisphere, which help combat HIV/AIDS and other global infectious diseases. (c) Definition.--In this section, the term ``appropriate congressional committees'' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. SEC. 6. INSPECTOR GENERAL OF THE PEACE CORPS. (a) Establishment of Independent Inspector General.-- (1) In general.--The Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (A) in section 8G(a)(2), by striking ``, the Peace Corps''; (B) in section 9(a)(1), by adding at the end the following new subparagraph: ``(X) of the Peace Corps, the office of that agency referred to as the `Office of Inspector General'; and''; and (C) in section 11-- (i) in paragraph (1), by striking ``or the Office of Personnel Management'' and inserting ``the Office of Personnel Management, or the Peace Corps''; and (ii) in paragraph (2), by inserting ``, the Peace Corps'' after ``the Office of Personnel Management''. (2) Technical amendment.--Section 9(a)(1)(U) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking ``and'' at the end. (b) Temporary Appointment.--The Director of the Peace Corps may appoint an individual to assume the powers and duties of the Inspector General of the Peace Corps under the Inspector General Act of 1978 (5 U.S.C. App.) on an interim basis until such time as a person is appointed by the President, by and with the advice and consent of the Senate, pursuant to the amendments made in this section. (c) Exemption From Employment Term Limits Under the Peace Corps Act.-- (1) In general.--Section 7 of the Peace Corps Act (22 U.S.C. 2506) is amended-- (A) by redesignating subsection (c) as subsection (b); and (B) by adding at the end the following new subsection: ``(c) The provisions of this section that limit the duration of service, appointment, or assignment of individuals shall not apply to-- ``(1) the Inspector General of the Peace Corps; ``(2) officers of the Office of the Inspector General of the Peace Corps; ``(3) any individual whose official duties primarily include the safety and security of Peace Corps volunteers or employees; ``(4) the head of the office responsible for medical services of the Peace Corps; or ``(5) any health care professional within the office responsible for medical services of the Peace Corps.''. (2) Conforming amendment.--The first proviso of section 15(d)(4) of the Peace Corps Act (22 U.S.C. 2514(d)(4)) is amended by striking ``7(c)'' and inserting ``7(b)''. (d) Compensation.--Section 7 of the Peace Corps Act (22 U.S.C. 2506), as amended by subsection (c) of this section, is further amended by adding at the end the following new subsection: ``(d) The Inspector General of the Peace Corps shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code.''. Passed the House of Representatives June 1, 2004. Attest: JEFF TRANDAHL, Clerk.

Health, Safety, and Security of Peace Corps Volunteers Act of 2004 - (Sec. 2) Amends the Peace Corps Act to establish in the Peace Corps the Office of the Ombudsman of the Peace Corps, which shall administer complaints or concerns regarding services or support provided by the Peace Corps to its current or former volunteers, including matters respecting: (1) safety and security; (2) due process, including processes relating to separation from the Peace Corps; (3) benefits and assistance; (4) medical or other health-related assistance; and (5) access to files and records. States that the Ombudsman shall: (1) administer current and former employee complaints; (2) be prohibited from involvement in matters subject to ongoing adjudication, litigation, or investigation; and (3) report semiannually to the Director of the Peace Corps, the Chair of the Peace Corps National Advisory Council, and Congress regarding such duties. (Sec. 3) Establishes the Office of Safety and Security of the Peace Corps, which shall headed by the Associate Director of Safety and Security of the Peace Corps. States that the Office shall be responsible for safety and security activities of the Peace Corps, including background checks, volunteer, staff, and facilities safety, and information technology security. Expresses the sense of Congress that: (1) the Associate Director of Safety and Security of the Peace Corps should assign a Peace Corps country security coordinator for each country where the Peace Corps has a volunteer program; and (2) each country security coordinator should be under the supervision of the appropriate Peace Corps country director, should report directly to the Associate Director of Safety and Security of the Peace Corps, and should be a United States citizen who has access to information, including classified information, relating to possible threats against Peace Corps volunteers. (Sec. 4) Requires specified reports respecting Peace Corps: (1) medical services; (2) volunteer assignment; and (2) employment duration. (Sec. 6) Amends the Inspector General Act of 1978 to provide for the appointment of an Office of Inspector General for the Peace Corps.

To amend the Peace Corps Act to establish an Ombudsman and an Office of Safety and Security of the Peace Corps, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Ape Conservation Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) great ape populations have declined to the point that the long-term survival of the species in the wild is in serious jeopardy; (2) the chimpanzee, gorilla, bonobo, and orangutan are listed as endangered species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) and under Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249); (3) because the challenges facing the conservation of great apes are so immense, the resources available to date have not been sufficient to cope with the continued loss of habitat due to human encroachment and logging and the consequent diminution of great ape populations; (4) because great apes are flagship species for the conservation of the tropical forest habitats in which they are found, conservation of great apes provides benefits to numerous other species of wildlife, including many other endangered species; (5) among the threats to great apes, in addition to habitat loss, are population fragmentation, hunting for the bushmeat trade, and live capture; (6) great apes are important components of the ecosystems they inhabit, and studies of their wild populations have provided important biological insights; and (7) the reduction, removal, or other effective addressing of the threats to the long-term viability of populations of great apes in the wild will require the joint commitment and effort of countries that have within their boundaries any part of the range of great apes, the United States and other countries, and the private sector. (b) Purposes.--The purposes of this Act are-- (1) to perpetuate viable populations of great apes in the wild; and (2) to assist in the conservation and protection of great apes by supporting conservation programs of countries in which populations of great apes are located and by supporting the CITES Secretariat. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Agency for International Development. (2) CITES.--The term ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including its appendices. (3) Conservation.--The term ``conservation''-- (A) means the use of methods and procedures necessary to prevent the diminution of wild populations of a species; and (B) includes all activities associated with wildlife management, such as-- (i) conservation, protection, restoration, acquisition, and management of habitat; (ii) in-situ research and monitoring of populations and habitats; (iii) assistance in the development, implementation, and improvement of management plans for managed habitat ranges; (iv) enforcement and implementation of CITES; (v) enforcement and implementation of domestic laws relating to resource management; (vi) development and operation of sanctuaries for members of a species rescued from the illegal trade in live animals; (vii) programs for the rehabilitation of members of a species and release of the members into the wild; (viii) conflict resolution initiatives; and (ix) community outreach and education. (4) Fund.--The term ``Fund'' means the Great Ape Conservation Fund established by section 5. (5) Great ape.--The term ``great ape'' means a chimpanzee, gorilla, bonobo, or orangutan. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. GREAT APE CONSERVATION ASSISTANCE. (a) In General.--Subject to the availability of funds and in consultation with the Administrator, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of great apes for which project proposals are approved by the Secretary in accordance with this section. (b) Project Proposals.-- (1) Eligible applicants.--A proposal for a project for the conservation of great apes may be submitted to the Secretary by-- (A) any wildlife management authority of a country that has within its boundaries any part of the range of a great ape if the activities of the authority directly or indirectly affect a great ape population; (B) the CITES Secretariat; or (C) any person or group with the demonstrated expertise required for the conservation of great apes. (2) Required elements.--A project proposal shall include-- (A) a concise statement of the purposes of the project; (B) the name of the individual responsible for conducting the project; (C) a description of the qualifications of the individuals who will conduct the project; (D) a concise description of-- (i) methods for project implementation and outcome assessment; (ii) staff and community management for the project; and (iii) the logistics of the project; (E) an estimate of the funds and time required to complete the project; (F) evidence of support for the project by appropriate governmental entities of the countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; (G) information regarding the source and amount of matching funding available for the project; and (H) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project Review and Approval.-- (1) In general.--The Secretary shall-- (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to the Administrator; and (B) review each project proposal to determine if the proposal meets the criteria specified in subsection (d). (2) Consultation; approval or disapproval.--Not later than 180 days after receiving a project proposal, and subject to the availability of funds, the Secretary, after consulting with the Administrator, shall-- (A) request written comments on the proposal from the government of each country in which the project is to be conducted; (B) after taking into consideration any comments submitted in response to the request, approve or disapprove the proposal; and (C) provide written notification of the approval or disapproval to the person who submitted the proposal, the Administrator, and each country described in subparagraph (A). (d) Criteria for Approval.--The Secretary may approve a project proposal under this section if the project will enhance programs for conservation of great apes by assisting efforts to-- (1) implement conservation programs; (2) address the conflicts between humans and great apes that arise from competition for the same habitat; (3) enhance compliance with CITES and laws of the United States or a foreign country that prohibit or regulate the taking or trade of great apes or regulate the use and management of great ape habitat; (4) develop sound scientific information on, or methods for monitoring-- (A) the condition and health of great ape habitat; (B) great ape population numbers and trends; or (C) the current and projected threats to the habitat, current and projected numbers, or current and projected trends; or (5) promote cooperative projects on the issues described in paragraph (4) among foreign governments, affected local communities, nongovernmental organizations, or other persons in the private sector. (e) Project Sustainability.--To the maximum extent practicable, in determining whether to approve project proposals under this section, the Secretary shall give preference to conservation projects that are designed to ensure effective, long-term conservation of great apes and their habitats. (f) Matching Funds.--In determining whether to approve project proposals under this section, the Secretary shall give preference to projects for which matching funds are available. (g) Project Reporting.-- (1) In general.--Each person that receives assistance under this section for a project shall submit to the Secretary and the Administrator periodic reports (at such intervals as the Secretary considers necessary) that include all information that the Secretary, after consultation with the Administrator, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public.--Reports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this Act, shall be made available to the public. (h) Limitations on Use for Captive Breeding.--Amounts provided as a grant under this Act may not be used for captive breeding of great apes other than for captive breeding for release into the wild. SEC. 5. GREAT APE CONSERVATION FUND. (a) Establishment.--There is established in the general fund of the Treasury a trust fund to be known as the ``Great Ape Conservation Fund'', consisting of-- (1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e); (2) amounts appropriated to the Fund under section 6; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), upon request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to provide assistance under section 4. (2) Administrative expenses.--An amount not to exceed 6 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this Act. (c) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Acceptance and Use of Donations.--The Secretary may accept and use donations to provide assistance under section 4. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2000 through 2004.

Great Ape Conservation Act of 1999 - Directs the Secretary of the Interior to use amounts in the Great Ape Conservation Fund (to be established under this Act) to provide financial assistance for projects for the conservation of great apes (chimpanzees, gorillas, bonobos, and orangutans). Allows a project proposal to be submitted by: (1) any wildlife management authority of a country that has within its boundaries any part of the range of a great ape if such authority's activities affect a great ape population; (2) the CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) Secretariat; or (3) any person or group with the demonstrated expertise required for the conservation of great apes. Sets forth provisions governing: (1) the required elements of project proposals; (2) project review and approval; and (3) assistance recipient reporting requirements. Prohibits the use of grant amounts for captive breeding of great apes other than for captive breeding for release into the wild. Authorizes appropriations.

Great Ape Conservation Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equipping a 21st Century Green Workforce Act of 2009''. SEC. 2. SPECIAL RULES FOR CHARITABLE CONTRIBUTIONS OF ALTERNATIVE ENERGY PROPERTY FOR EDUCATIONAL PURPOSES. (a) In General.--Subsection (e) of section 170 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Special rule for contributions of alternative energy property used for educational purposes.-- ``(A) Limit on reduction.--In the case of a qualified energy property contribution, the reduction under paragraph (1)(A) shall be no greater than the amount determined under paragraph (3)(B). ``(B) Qualified energy property contributions.--For purposes of this paragraph, the term `qualified energy property contribution' means a charitable contribution by a corporation of qualified energy inventory property, but only if-- ``(i) the contribution is to-- ``(I) an educational organization described in subsection (b)(1)(A)(ii), or ``(II) an organization described in section 501(c)(3) and exempt from tax under section 501(a) that is organized primarily for purposes of providing education or training, ``(ii) the property is constructed or assembled by the taxpayer, ``(iii) the contribution is made not later than 3 years after the date the construction or assembly of the property is substantially completed, ``(iv) the original use of the property is by the donee, ``(v) substantially all of the use of the property by the donee is for use within the United States for educational or training purposes that are related to the purpose or function of the donee, ``(vi) the property is not transferred by the donee in exchange for money, other property, or services, ``(vii) the property will fit productively into the donee's educational or training plan, and ``(viii) the taxpayer receives from the donee a written statement representing that its use and disposition of the property will be in accordance with the provisions of clauses (v), (vi),and (vii). ``(C) Definitions and special rules.--For purposes of this paragraph-- ``(i) Qualified energy inventory property.--The term `qualified energy inventory property' means any tangible personal property described in paragraph (1) of section 1221(a) which is-- ``(I) property which is used in generating electricity from qualified energy resources (as defined in section 45(c)(1)), or ``(II) property which is described in subparagraph (A) of section 48(a)(3) (determined without regard to any termination provision or other time- based restriction contained in section 48) and which meets the requirements of subparagraph (D) of section 48(a)(3). ``(ii) Corporation.--The term `corporation' has the meaning given such term by paragraph (4)(D). ``(iii) Use of property as energy source.-- The use of property by the donee as a source of energy for the donee shall not be taken into account for purposes of applying subparagraph (B)(v) if the use described in such paragraph is significant. ``(iv) Construction of property.--Rules similar to the rules of paragraph (4)(C) shall apply.''. (b) Effective Date.--The amendments made by this section shall apply to contributions made after the date of the enactment of this Act.

Equipping a 21st Century Green Workforce Act of 2009 - Amends the Internal Revenue Code to allow an increased charitable tax deduction for contributions of certain alternative energy property for educational purposes.

To amend the Internal Revenue Code of 1986 to provide special rules for charitable contributions of alternative energy property for educational purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Consumer Financial Protection Regulations Act of 2011''. SEC. 2. ESTABLISHMENT OF THE COMMISSION. Section 1011 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5491) is amended-- (1) by striking subsections (b), (c), and (d); (2) by redesignating subsection (e) as subsection (j); and (3) by inserting after subsection (a) the following new subsections: ``(b) Establishment of the Commission.-- ``(1) In general.--There is hereby established a commission (hereafter in this title referred to as the `Commission') that shall serve as the head of the Bureau. ``(2) Authority to prescribe regulations.--The Commission may prescribe such regulations and issue such orders in accordance with this title as the Commission may determine to be necessary for carrying out this title and all other laws within the jurisdiction of the Commission, and shall exercise any authorities granted under this title and all other laws within the jurisdiction of the Commission. ``(c) Composition of the Commission.-- ``(1) In general.--The Commission shall be composed of 5 members, who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals who-- ``(A) are citizens of the United States; and ``(B) have strong competencies and experiences related to consumer financial protection. ``(2) Staggering.--The members of the Commission shall serve staggered terms, which initially shall be established by the President for terms of 1, 2, 4, and 5 years, respectively. ``(3) Terms.-- ``(A) In general.--Each member of the Commission, including the Chair, shall serve for a term of 5 years. ``(B) Removal for cause.--The President may remove any member of the Commission only for inefficiency, neglect of duty, or malfeasance in office. ``(C) Vacancies.--Any member of the Commission appointed to fill a vacancy occurring before the expiration of the term to which the predecessor of that member was appointed (including the Chair) shall be appointed only for the remainder of the term. ``(D) Continuation of service.--Each member of the Commission may continue to serve after the expiration of the term of office to which that member was appointed until a successor has been appointed by the President and confirmed by the Senate, except that a member may not continue to serve more than 1 year after the date on which the term of that member would otherwise expire. ``(E) Other employment prohibited.--No member of the Commission shall engage in any other business, vocation, or employment during the term of service of that member on the Commission. ``(d) Affiliation.--With respect to members appointed pursuant to subsection (c), not more than 3 shall be members of any one political party. ``(e) Chair of the Commission.-- ``(1) Appointment.--The Chair of the Commission shall be appointed by the President from among the members of the Commission. ``(2) Authority.--The Chair shall be the principal executive officer of the Bureau, and shall exercise all of the executive and administrative functions of the Bureau, including with respect to-- ``(A) the appointment and supervision of personnel employed under the Bureau (other than personnel employed regularly and full time in the immediate offices of members of the Commission other than the Chair); ``(B) the distribution of business among personnel appointed and supervised by the Chair and among administrative units of the Bureau; and ``(C) the use and expenditure of funds. ``(3) Limitation.--In carrying out any of the functions of the Chair under this subsection, the Chair shall be governed by general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make. ``(4) Requests or estimates related to appropriations.-- Requests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Commission may not be submitted by the Chair without the prior approval of the Commission. ``(f) No Impairment by Reason of Vacancies.--No vacancy in the membership of the Commission shall impair the right of the remaining members of the Commission to exercise all the powers of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business, except that if there are only 3 members serving on the Commission because of vacancies in the membership of the Commission, 2 members of the Commission shall constitute a quorum for the transaction of business. If there are only 2 members serving on the Commission because of vacancies in the membership of the Commission, 2 members shall constitute a quorum for the 6-month period beginning on the date of the vacancy which caused the number of Commission members to decline to 2. ``(g) Seal.--The Commission shall have an official seal. ``(h) Compensation.-- ``(1) Chair.--The Chair shall receive compensation at the rate prescribed for level I of the Executive Schedule under section 5313 of title 5, United States Code. ``(2) Other members of the commission.--The 4 members of the Commission other than the Chair shall each receive compensation at the rate prescribed for level II of the Executive Schedule under section 5314 of title 5, United States Code. ``(i) Initial Quorum Established.--During any time period prior to the date of confirmation of at least 2 members of the Commission, one member of the Commission shall constitute a quorum for the transaction of business. Following the confirmation of at least 2 additional commissioners, the quorum requirements of subsection (f) shall apply.''. SEC. 3. BRINGING THE BUREAU INTO THE REGULAR APPROPRIATIONS PROCESS. Section 1017 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5497) is amended-- (1) in subsection (a)-- (A) by amending the heading of such subsection to read as follows: ``Budget, Financial Management, and Audit.--''; (B) by striking paragraphs (1), (2), and (3); (C) by redesignating paragraphs (4) and (5) as paragraphs (1) and (2), respectively; and (D) by striking subparagraphs (E) and (F) of paragraph (1), as so redesignated; (2) by striking subsections (b), (c), and (d); (3) by redesignating subsection (e) as subsection (b); and (4) in subsection (b), as so redesignated-- (A) by striking paragraphs (1), (2), and (3) and inserting the following: ``(1) Authorization of appropriations.--There is authorized to be appropriated to the Bureau, to carry out this title-- ``(A) not more than $143,000,000 for fiscal year 2011; and ``(B) not more than $329,000,000 for fiscal year 2012.''; and (B) by redesignating paragraph (4) as paragraph (2). SEC. 4. CONFORMING AMENDMENTS. (a) Consumer Financial Protection Act of 2010.-- (1) In general.--Except as provided under paragraph (1), the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended-- (A) by striking ``Director of the'' each place such term appears, other than where such term is used to refer to a Director other than the Director of the Bureau of Consumer Financial Protection; (B) by striking ``Director'' each place such term appears, other than where such term is used to refer to a Director other than the Director of the Bureau of Consumer Financial Protection, and inserting ``Bureau''; and (C) in section 1002, by striking paragraph (10) and inserting the following: ``(10) [Reserved].''. (2) Exceptions.--The Consumer Financial Protection Act of 2010 (12 U.S.C. 5481 et seq.) is amended-- (A) in section 1012(c)(4) (12 U.S.C. 5492(c)(4)), by striking ``Director'' each place such term appears and inserting ``Commission of the Bureau''; (B) in section 1013(c)(3) (12 U.S.C. 5493(c)(3))-- (i) by striking ``Assistant Director of the Bureau for'' and inserting ``Head of the Office of''; and (ii) in subparagraph (B), by striking ``Assistant Director'' and inserting ``Head of the Office''; (C) in section 1013(g)(2) (12 U.S.C. 5493(g)(2))-- (i) in the paragraph heading, by striking ``Assistant director'' and inserting ``Head of the office''; and (ii) by striking ``an assistant director'' and inserting ``a Head of the Office of Financial Protection for Older Americans''; (D) in section 1016(a) (12 U.S.C. 5496(a)), by striking ``Director of the Bureau'' and inserting ``Chair of the Commission''; and (E) in section 1066(a) (12 U.S.C. 5586(a)), by striking ``Director of the Bureau is'' and inserting ``first member of the Commission is''. (b) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) is amended-- (1) in section 111(b)(1)(D) (12 U.S.C. 5321), by striking ``Director'' and inserting ``Chair of the Commission''; and (2) in section 1447 (12 U.S.C. 1701p-2), by striking ``Director of the Bureau'' each place such term appears and inserting ``Bureau''. (c) Electronic Fund Transfer Act.--Section 920(a)(4)(C) of the Electronic Fund Transfer Act (15 U.S.C. 1693o-2(a)(4)(C)), as added by section 1075(a)(2) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau of Consumer Financial Protection'' and inserting ``Bureau of Consumer Financial Protection''. (d) Expedited Funds Availability Act.--The Expedited Funds Availability Act (12 U.S.C. 4001 et seq.), as amended by section 1086 of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau'' each place such term appears and inserting ``Bureau''. (e) Federal Deposit Insurance Act.--Section 2 of the Federal Deposit Insurance Act (12 U.S.C. 1812), as amended by section 336(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by striking ``Director of the Consumer Financial Protection Bureau'' each place such term appears and inserting ``Chair of the Commission of the Bureau of Consumer Financial Protection''. (f) Federal Financial Institutions Examination Council Act of 1978.--Section 1004(a)(4) of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)), as amended by section 1091 of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Consumer Financial Protection Bureau'' and inserting ``Chair of the Commission of the Bureau of Consumer Financial Protection''. (g) Financial Literacy and Education Improvement Act.--Section 513 of the Financial Literacy and Education Improvement Act (20 U.S.C. 9702), as amended by section 1013(d) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director'' each place such term appears and inserting ``Chair of the Commission''. (h) Home Mortgage Disclosure Act of 1975.--Section 307 of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2806), as amended by section 1094(6) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau of Consumer Financial Protection'' each place such term appears and inserting ``Bureau of Consumer Financial Protection''. (i) Interstate Land Sales Full Disclosure Act.--The Interstate Land Sales Full Disclosure Act (15 U.S.C. 1701 et seq.), as amended by section 1098A of the Consumer Financial Protection Act of 2010, is amended-- (1) in section 1402, by striking paragraph (1) and inserting the following: ``(1) `Chair' means the Chair of the Commission of the Bureau of Consumer Financial Protection;''; and (2) in section 1416(a), by striking ``Director of the Bureau of Consumer Financial Protection'' and inserting ``Chair''. (j) Real Estate Settlement Procedures Act of 1974.--Section 5 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604), as amended by section 1450 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended-- (1) by striking ``The Director of the Bureau of Consumer Financial Protection (hereafter in this section referred to as the `Director')'' and inserting ``The Bureau of Consumer Financial Protection''; and (2) by striking ``Director'' each place such term appears and inserting ``Bureau''. (k) S.A.F.E. Mortgage Licensing Act of 2008.--The S.A.F.E. Mortgage Licensing Act of 2008 (12 U.S.C. 5101), as amended by section 1100 of the Consumer Financial Protection Act of 2010, is amended-- (1) by striking ``Director'' each place such term appears, other than where such term is used in the context of the Director of the Office of Thrift Supervision, and inserting ``Bureau''; and (2) in section 1503, by striking paragraph (10). (l) Title 44, United States Code.--Section 3513(c) of title 44, United States Code, as amended by section 1100D(b) of the Consumer Financial Protection Act of 2010, is amended by striking ``Director of the Bureau'' and inserting ``Bureau''.

Responsible Consumer Financial Protection Regulations Act of 2011 - Amends the Consumer Financial Protection Act of 2010, title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act, to replace the position of Director of the Bureau of Consumer Financial Protection with a five-member Commission whose members are appointed by the President, by and with the advice and consent of the Senate. Prohibits the Chair of the Commission from making requests for estimates related to appropriations without the prior approval of the Commission. Revises procedures for funding the Bureau. Eliminates the Consumer Financial Protection Fund and the requirement that the Board of Governors of the Federal Reserve System transfer funds to the Bureau from the combined earnings of the Federal Reserve System. Authorizes appropriations for FY2011-FY2012.

A bill to replace the Director of the Bureau of Consumer Financial Protection with a 5-person Commission, to bring the Bureau into the regular appropriations process, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Compensation and Respect for Energy Workers Act of 2008'' or the ``CARE Act''. SEC. 2. EXPANSION OF CANCERS FOR WHICH INDIVIDUALS ARE ELIGIBLE TO RECEIVE COMPENSATION UNDER THE ENERGY EMPLOYEES COMPENSATION PROGRAM ACT OF 2000 AND THE RADIATION EXPOSURE COMPENSATION ACT. Section 4(b)(2) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) is amended-- (1) by striking ``(other than chronic lymphocytic leukemia)'' and inserting ``(including chronic lymphocytic leukemia)''; (2) by inserting ``posterior subcapsular cataracts, nonmalignant thyroid nodular disease, parathyroid adenoma, malignant tumors of the brain and central nervous system, brochio-alveolar carcinoma, benign neoplasms of the brain and central nervous system,'' after ``disease),''; and (3) by striking ``or lung'' and inserting ``lung, skin, kidney, salivary gland, rectum, pharynx, or prostate''. SEC. 3. DISTRIBUTION OF INFORMATION TO CLAIMANTS AND POTENTIAL CLAIMANTS. (a) Independent Physicians for Performance of Medical and Impairment Screenings.--Paragraph (2) of subsection (b) of section 3631 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384v) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following: ``(B) lists of physicians qualified to perform medical and impairment screenings on matters relating to the compensation program who are identified for purposes of this subparagraph by one or more independent medical associations, institutions of higher education, or both selected by the President for purposes of this subparagraph; and''. (b) Notice of Available Benefits.--Such section is further amended by adding at the end the following: ``(d) Notice to Claimants on Available Benefits.--The President shall provide to an individual who files a claim for compensation under this subtitle or subtitle E written notice on the benefits for which the individual may be eligible under this Act.''. SEC. 4. ENHANCEMENT OF SITE PROFILES OF DEPARTMENT OF ENERGY FACILITIES. (a) Inclusion of Trade Names of Chemicals in Site Profiles.-- Subsection (c) of section 3633 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384w-1) is amended by adding at the end the following new sentence: ``In identifying any chemical commonly used in a building or process of a facility, an exposure assessment shall include the trade name (if any) of such chemical.''. (b) Public Access to Site Profiles and Related Information.--Such section is further amended by adding at the end the following: ``(e) Public Access to Site Profiles and Related Information.--The Secretary of Labor shall make available to the public each site profile prepared under subsection (a) and any other database used by the Department to evaluate claims for compensation under this Act.''. SEC. 5. PAYMENT OF COMPENSATION TO SURVIVORS AND ESTATES OF CONTRACTOR EMPLOYEES. Section 3672 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-1) is amended to read as follows: ``SEC. 3672. COMPENSATION TO BE PROVIDED. ``Subject to the other provisions of this subtitle: ``(1) Contractor employees.-- ``(A) In general.--A covered DOE contractor employee shall receive contractor employee compensation under this subtitle in accordance with section 3673. ``(B) Compensation after death of contractor employee.--Except as provided in paragraph (2)(B), if the death of a contractor employee occurs after the employee applies for compensation under this subtitle but before such compensation is paid, the amount of compensation the employee would have received under this paragraph shall be paid to a survivor of the employee (for purposes of section 3674) or, if the employee has no survivors, the estate of the employee. ``(2) Survivors.-- ``(A) In general.--Except as provided in subparagraph (B), a survivor of a covered DOE contractor employee shall receive contractor employee compensation under this subtitle in accordance with section 3674. ``(B) Election of contractor employee compensation or survivor compensation.--A survivor who is otherwise eligible to receive compensation pursuant to both subparagraph (A) and paragraph (1)(B) shall not receive compensation pursuant to both subparagraph (A) and paragraph (1)(B), but shall receive compensation pursuant to subparagraph (A) or paragraph (1)(B), as elected by the survivor.''. SEC. 6. EXPANSION OF AUTHORITY OF OMBUDSMAN OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM. Section 3686 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-15) is amended-- (1) by amending subsection (c) to read as follows: ``(c) Duties.--The duties of the Office shall be as follows: ``(1) To assist individuals in making claims under this subtitle and subtitle B. ``(2) To provide information on the benefits available under this subtitle and subtitle B and on the requirements and procedures applicable to the provision of such benefits. ``(3) To act as an advocate on behalf of individuals seeking benefits under this subtitle and subtitle B. ``(4) To make recommendations to the Secretary regarding the location of centers (to be known as `resource centers') for the acceptance and development of claims for benefits under this subtitle and subtitle B. ``(5) To carry out such other duties as the Secretary shall specify.''; (2) in subsection (d), by inserting ``or subtitle B'' after ``this subtitle''; (3) in subsection (e), by inserting ``and subtitle B'' after ``this subtitle'' each place it appears; and (4) by striking subsection (g) and inserting the following: ``(g) Contract Authority.--The Ombudsman may contract for the services of individuals with expertise in such matters, including health physics, medicine, industrial hygiene, and toxicology, as the Ombudsman considers appropriate for the performance of the duties of the Office.''. SEC. 7. EXTENSION OF TIME FOR CLAIMANTS TO RESPOND TO REQUESTS FOR INFORMATION. If the Secretary of Labor requests information from an individual who has filed a claim for compensation under the Energy Employees Occupational Illness Compensation Program Act of 2000 with respect to that claim, the individual shall have not less than 120 days to respond to the request. SEC. 8. EXTENSION OF STATUTE OF LIMITATIONS FOR JUDICIAL REVIEW OF CONTRACTOR EMPLOYEE CLAIMS. (a) In General.--Section 3677(a) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s- 6(a)) is amended by striking ``within 60 days'' and inserting ``not later than 1 year''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to final decisions of the Secretary of Labor under subtitle E of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s et seq.) issued on or after the date of the enactment of this Act. SEC. 9. PAYMENT OF TRANSPORTATION EXPENSES AND FOR PERSONAL CARE SERVICES. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall prescribe regulations to provide for the direct payment to providers of the costs to individuals described in subsection (b) of-- (1) personal care services (as that term is used in section 30.403 of title 20, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act)) authorized pursuant to section 3629 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384t); and (2) necessary and reasonable transportation expenses incident to securing medical services, appliances, or supplies pursuant to section 3629(c) of such Act. (b) Covered Individuals.--An individual described in this subsection is an individual who receives medical benefits under section 3629(a) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384t(a)). SEC. 10. ENHANCEMENT OF TRANSPARENCY IN CLAIMS PROCESS. (a) Information Provided Upon Denial of Claim; Correspondence in Easily Understandable Language.--Not later than 90 days after the date of the enactment of this Act, the President shall prescribe regulations to ensure that-- (1) any notification to an individual making a claim under the Energy Employees Occupational Illness Compensation Program Act of 2000 that the claim has been denied, and all other correspondence with such an individual with respect to a claim, are written in language that is clear, concise, and easily understandable; and (2) any such notification is accompanied by an explanation of the reasons for denying the claim and a description of the information, if any, the individual could have submitted that might have resulted in approval of the claim. (b) Document Retention.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Labor and the Secretary of Energy shall jointly prescribe regulations to ensure that the Department of Labor and the Department of Energy-- (1) retain all original documents in the possession of such Departments related to a Department of Energy facility if-- (A) employees of that facility might reasonably be expected to file claims for compensation under the Energy Employees Occupational Illness Compensation Program Act of 2000; and (B) the documents might reasonably be expected to be used by such employees in making such claims; and (2) provide such employees access to such documents.

Compensation and Respect for Energy Workers Act of 2008 or the CARE Act - Amends the Radiation Exposure Compensation Act to expand the diseases for which individuals who were exposed to radiation from nuclear testing may claim compensation to include chronic lymphocytic leukemia, posterior subcapsular cataracts, nonmalignant thyroid nodular disease, parathyroid adenoma, malignant tumors of the brain and central nervous system, and brochio-alveolar carcinoma, and benign neoplasms of the brain and central nervous system. Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to: (1) provide to potential claimants of compensation a list of physicians qualified to perform medical and impairment screenings and a written notice of benefits for which they may be eligible under such Act; (2) require exposure assessments of contaminated sites to identify by trade name (if any) any chemical commonly used in such sites; (3) require the Secretary of Labor to provide the public with site profiles and other information used to evaluate claims for compensation; (4) require payment of compensation to a claimant's estate if such claimant dies after filing a claim but before any compensation is paid and leaves no survivors; (5) expand the duties of the Office of the Ombudsman in the Department of Labor to include providing benefit information to claimants and contracting for expert services; and (6) extend to one year the limitation period for filing a petition for review in federal district court of any denial of a compensation claim. Allows claimants under the Act 120 days to respond to a request for information from the Secretary. Requires the promulgation of regulations for: (1) the direct payment to providers of personal care services and transportation expenses for claimants who receive medical benefits under the Act; (2) providing clear, concise, and easily understandable explanations of the claims process, including denials of claims; and (3) the retention of records in the Departments of Energy (DOE) and Labor that might be used by claimants in the claims process.

A bill to amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to expand the category of individuals eligible for compensation, to improve the procedures for providing compensation, and to improve transparency, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Hunger Relief Act of 2008''. SEC. 2. NUTRITION PROGRAMS. (a) Supplemental Nutrition Assistance Program.--Section 3(u) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(u)) is amended-- (1) by striking ``(u) `Thrifty food plan' means'' and inserting the following: ``(u) Thrifty Food Plan.-- ``(1) In general.--The term `thrifty food plan' means''; (2) in the second sentence-- (A) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately; (B) by striking ``The cost of such diet'' and inserting the following: ``(2) Adjustments.--The cost of the diet described in paragraph (1)''; and (C) by striking subparagraph (D) (as redesignated by subparagraph (A)) and inserting the following: ``(D)(i) on October 1, 2009, adjust the cost of the diet to reflect 102 percent of the cost of the diet in the preceding June, and round the result to the nearest higher dollar increment for each household size, except that the Secretary may not reduce the cost of the diet below that in effect during the immediately preceding fiscal year; ``(ii) on October 1, 2010, adjust the cost of the diet to reflect 102.5 percent of the cost of the diet in the preceding June, and round the result to the nearest higher dollar increment for each household size, except that the Secretary may not reduce the cost of the diet below that in effect during the immediately preceding fiscal year; and ``(iii) on October 1, 2011, and each October 1 thereafter, adjust the cost of the diet to reflect 103 percent of the cost of the diet in the preceding June, and round the result to the nearest higher dollar increment for each household size, except that the Secretary may not reduce the cost of the diet below that in effect during the immediately preceding fiscal year.''. (b) Conforming Amendments.-- (1) Section 19(a)(2)(A)(ii) of the Food and Nutrition Act of 2008 (7 U.S.C. 2028(a)(2)(A)(ii)) is amended by striking ``3(u)(4)'' and inserting ``3(u)(2)''. (2) Section 27(a)(2)(C) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)(2)(C)) is amended by striking ``3(u)(4)'' and inserting ``3(u)(2)''. SEC. 3. SCHOOL MEALS. (a) Commodities.--Section 6(c)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1755(c)(1)) is amended-- (1) in subparagraph (A), by striking ``on July 1, 1982, and each July 1 thereafter'' and inserting ``in accordance with subparagraph (B)''; and (2) by striking subparagraph (B) and inserting the following: ``(B) Adjustment.--The Secretary shall-- ``(i) on each January 1, increase the value of food assistance for each meal by the annual percentage change in a 3-month average value of the Price Index for Foods Used in Schools and Institutions for September, October, and November each year; ``(ii) on each July 1, increase the value of food assistance for each meal by the annual percentage change in a 3-month average value of the Price Index for Foods Used in Schools and Institutions for March, April, and May each year; and ``(iii) round the result of each increase to the nearest higher \1/4\ cent.''. (b) Overall Adjustment.--Section 11(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)) is amended-- (1) in paragraph (2), by striking ``98.75 cents'' and inserting ``the amount computed under paragraph (3)''; and (2) in paragraph (3)-- (A) in subparagraph (A)-- (i) in the matter before clause (i), by striking ``July 1, 1982, and on each subsequent July 1, an annual adjustment'' and inserting ``each January 1 and July 1, a semiannual increase''; and (ii) in clause (ii), by striking ``(as established under paragraph (2) of this subsection)''; (B) in subparagraph (B)-- (i) in clause (i), by striking ``annual adjustment'' and inserting ``semiannual increase''; (ii) in clause (ii)-- (I) by striking ``annual adjustment'' and inserting ``semiannual increase''; and (II) by striking ``12-month period'' and inserting ``6-month period''; and (iii) by striking clause (iii) and inserting the following: ``(iii) Rounding.--On each January 1 and July 1, the national average payment rates for meals and supplements shall be-- ``(I) increased to the nearest higher cent; and ``(II) based on the unrounded amount previously in effect.''. (c) Payments to Service Institutions.--Section 13(b)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(b)(1)) is amended by striking subparagraph (B) and inserting the following: ``(B) Adjustments.--The Secretary shall-- ``(i) on each January 1, increase each amount specified in subparagraph (A) as adjusted through the preceding July 1 to reflect changes for the 6-month period ending the preceding November 30 in the series for food away from home of the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; ``(ii) on each July 1, increase each amount specified in subparagraph (A) as adjusted through the preceding January 1 to reflect changes for the 6-month period ending the preceding May 31 in the series for food away from home of the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; ``(iii) base each increase on the unrounded amount previously in effect; and ``(iv) round each increase described in clauses (i) and (ii) to the nearest higher cent increment.''. (d) Reimbursement of Family or Group Day Care Home Sponsoring Organizations.-- (1) Tier i.--Section 17(f)(3)(A)(ii)(IV) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(A)(ii)(IV)) is amended by striking subclause (IV) and inserting the following: ``(IV) Adjustments.--On each July 1 and January 1, the Secretary shall-- ``(aa) increase each reimbursement factor under this subparagraph to reflect the changes in the Consumer Price Index for food at home for the most recent 6-month period for which the data are available; ``(bb) base each increase on the unrounded amount previously in effect; and ``(cc) round each increase described in item (aa) to the nearest higher cent increment.''. (2) Tier ii.--Section 17(f)(3)(A)(iii)(I) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(A)(iii)(I)) is amended by striking item (bb) and inserting the following: ``(bb) Adjustments.--On each July 1 and January 1, the Secretary shall increase the reimbursement factors to reflect the changes in the Consumer Price Index for food at home for the most recent 6- month period for which the data are available, base the increases on the unrounded amount previously in effect, and round the increases to the nearest higher cent increment.''. (e) Special Milk Program.--Section 3(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1772(a)) is amended-- (1) by striking paragraph (7) and inserting the following: ``(7) Minimum rate of reimbursement.--For each school year, the minimum rate of reimbursement for a \1/2\ pint of milk served in schools and other eligible institutions shall be not less than minimum rate of reimbursement in effect on September 30, 2008, as increased on a semiannual basis each school year to reflect changes in the Producer Price Index for Fresh Processed Milk published by the Bureau of Labor Statistics of the Department of Labor.''; and (2) in paragraph (8), by inserting ``higher'' after ``nearest''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act take effect on October 1, 2008.

National Hunger Relief Act of 2008 - Amends the Food and Nutrition Act of 2008 to revise, and provide for increases in, the annual October adjustments to the thrifty food plan upon which supplemental nutrition assistance program (formerly, the food stamp program) benefits are based. Amends the Richard B. Russell National School Lunch Act to provide semiannual reimbursement rate adjustments for: (1) national school lunch and breakfast programs; (2) the special milk program; (3) the child and adult day care program; and (4) the summer food service program.

A bill to require semiannual indexing of mandatory Federal food assistance programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Emergency Procurement Flexibility Act of 2001''. SEC. 2. CONTRACTING FOR HUMANITARIAN OR PEACEKEEPING OPERATIONS AND CONTINGENCY OPERATIONS. (a) Increased Threshold for Simplified Acquisitions.--Section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)) is amended to read as follows: ``(11)(A) Except as provided in subparagraph (B), the term `simplified acquisition threshold' means $100,000. ``(B) The term `simplified acquisition threshold' means an amount equal to five times the amount specified in subparagraph (A) in the case of a contract to be awarded and performed, or purchase to be made, in support of-- ``(i) a military operation (not including routine training, force rotation, or stationing) in support of the provision of humanitarian or foreign disaster assistance or in support of a peacekeeping operation under chapter VI or VII of the Charter of the United Nations; or ``(ii) a contingency operation (as defined in section 101(a)(13) of title 10, United States Code).''. (b) Conforming Amendments.-- (1) Federal property and administrative services act of 1949.--Section 309(d) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 259(d)) is amended-- (A) in paragraph (1)-- (i) by striking ``(1)''; and (ii) by striking ``, except that,'' and all that follows through ``section 4 of such Act''; and (B) by striking paragraph (2). (2) Title 10, united states code.--Section 2302(7) of title 10, United States Code, is amended by striking ``, except that,'' and all that follows through ``section 4 of such Act''. SEC. 3. INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN PROCUREMENTS. In the administration of section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428) during fiscal years 2002 and 2003 with respect to procurements of property or services by or for an executive agency for use to facilitate the defense against terrorism or NBCRT attack, as determined by the head of the executive agency, the amount specified in subsections (c), (d), and (f) of such section shall be deemed to be $25,000. SEC. 4. APPLICATION OF CERTAIN COMMERCIAL ITEMS AUTHORITIES TO CERTAIN PROCUREMENTS. (a) Authority.-- (1) In general.--The head of an executive agency may apply the provisions of law listed in paragraph (2) in the procurement of property or services during fiscal years 2002 and 2003 by or for the executive agency for use to facilitate defense against terrorism or NBCRT attack, as determined by the head of the executive agency, without regard to whether the property or services are commercial items. (2) Commercial item laws.--The provisions of law referred to in paragraph (1) are as follows: (A) Sections 31 and 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 427, 430). (B) Section 2304(g) of title 10, United States Code. (C) Section 303(g) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)). (b) Inapplicability of Limitation on Use of Simplified Acquisition Procedures.-- (1) In general.--The $5,000,000 limitation provided in section 31(a)(2) of the Office of Federal Procurement Policy Act (41 U.S.C. 427(a)(2)), section 2304(g)(1)(B) of title 10, United States Code, and section 303(g)(1)(B) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(B)) shall not apply to purchases of property or services to which any of the provisions of law referred to in subsection (a) are applied under the authority of this section. (2) OMB guidance.--The Director of the Office of Management and Budget shall issue guidance and procedures for the use of simplified acquisition procedures for a purchase of property or services in excess of $5,000,000 under the authority of this section. (c) Continuation of Authority for Simplified Purchase Procedures.-- Authority under a provision of law referred to in subsection (a)(2) that expires under section 4202(e) of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106; 10 U.S.C. 2304 note) shall, notwithstanding such section, continue to apply for use by the head of an executive agency as provided in subsections (a) and (b). SEC. 5. USE OF STREAMLINED PROCEDURES. The head of an executive agency shall, when appropriate, use streamlined acquisition authorities and procedures authorized by law for an acquisition, during fiscal years 2002 and 2003, of property or services that, as determined by such official, would facilitate the defense against terrorism or NBCRT attack, including authorities and procedures that are provided under the following provisions of law: (1) Federal property and administrative services act of 1949.--In title III of the Federal Property and Administrative Services Act of 1949: (A) Paragraphs (1), (2), (6), and (7) of subsection (c) of section 303 (41 U.S.C. 253), relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (e) of such section). (B) Section 303J (41 U.S.C. 253j), relating to orders under task and delivery order contracts. (2) Title 10, united states code.--In chapter 137 of title 10, United States Code: (A) Paragraphs (1), (2), (6), and (7) of subsection (c) of section 2304, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (e) of such section). (B) Section 2304c, relating to orders under task and delivery order contracts. (3) Office of federal procurement policy act.--Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(c)), relating to inapplicability of a requirement for procurement notice. SEC. 6. CERTAIN RESEARCH AND DEVELOPMENT BY CIVILIAN AGENCIES. (a) Authority.-- (1) In general.--Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by adding at the end the following new section: ``SEC. 317. RESEARCH AND DEVELOPMENT TO FACILITATE DEFENSE AGAINST TERRORISM OR NBCRT ATTACK. ``(a) Authority.-- ``(1) In general.--The head of an executive agency may engage in basic research, applied research, advanced research, and development projects that-- ``(A) are necessary to the responsibilities of such official's executive agency in the field of research and development; and ``(B) have the potential to facilitate defense against terrorism or NBCRT attack. ``(2) Authorized means.--To engage in projects authorized under paragraph (1), the head of an executive agency may exercise the same authority (subject to the same restrictions and conditions) as the Secretary of Defense may exercise under sections 2358 and 2371 of title 10, United States Code, except for subsections (b), (f), and (g) of such section 2371. ``(3) Applicability to selected executive agencies.--The head of an executive agency may exercise authority under this subsection only if authorized by the Director of the Office of Management and Budget to do so. ``(b) NBCRT Attack Defined.--In this section, the term `NBCRT attack' means a nuclear, biological, chemical, or radiological attack on the United States, or a technological attack on a national security system (as defined in section 5142 of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106; 40 U.S.C. 1452)). ``(c) Annual Report.--The annual report of the head of an executive agency that is required under subsection (h) of section 2371 of title 10, United States Code, as applied to the head of an executive agency by subsection (a), shall be submitted to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives. ``(d) Regulations.--The Director of the Office of Management and Budget shall prescribe regulations to carry out this section.''. (2) Clerical amendment.--The table of sections in section 1(b) is amended by inserting after the item relating to section 316 the following new item: ``Sec. 317. Research and development to facilitate defense against terrorism or NBCRT attack.''. (b) Temporary Authority for Carrying Out Certain Prototype Projects.-- (1) In general.--The head of an executive agency designated by the Director of the Office of Management and Budget to do so may, under the authority of section 317 of the Federal Property and Administrative Services Act of 1949 (as added by subsection (a)), carry out prototype projects that meet the requirements of subparagraphs (A) and (B) of subsection (a)(1) of such section in accordance with the same requirements and conditions as are provided for carrying out prototype projects under section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note). (2) Conforming authority.--In the application of the requirements and conditions of section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103- 160; 10 U.S.C. 2371 note) to the administration of authority under paragraph (1)-- (A) subsection (c) of such section shall apply with respect to prototype projects carried out under this subsection; and (B) the Director of the Office of Management and Budget shall perform the function of the Secretary of Defense under subsection (d) of such section. SEC. 7. IDENTIFICATION OF NEW ENTRANTS INTO THE FEDERAL MARKETPLACE. The head of each executive agency shall conduct market research on an ongoing basis to identify effectively the capabilities, including the capabilities of small businesses and new entrants into Federal contracting, that are available in the marketplace for meeting the requirements of the executive agency in furtherance of defense against terrorism or NBCRT attack. The head of the executive agency shall, to the maximum extent practicable, take advantage of commercially available market research methods, including use of commercial databases, to carry out the research. SEC. 8. DEFINITIONS. In this Act: (1) NBCRT attack.--The term ``NBCRT attack'' means a nuclear, biological, chemical, or radiological attack against the United States, or a technological attack against a national security system (as defined in section 5142 of the Clinger- Cohen Act of 1996 (divisions D and E of Public Law 104-106; 40 U.S.C. 1452)). (2) Executive agency.--The term ``executive agency'' has the meaning given the term in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).

Federal Emergency Procurement Flexibility Act of 2001 - Amends the Office of Federal Procurement Policy Act to revise the definition of "simplified acquisition threshold" to mean $100,000 (currently) or an amount equal to five times such amount in cases of contracts to be awarded and performed, or purchases to be made, in support of military operations for the provision of humanitarian or foreign disaster assistance or for peacekeeping or contingency operations.Deems the micro-purchase threshold with respect to procurements of property and services by or for executive agencies for use to facilitate the defense against terrorism or a nuclear, biological, chemical, or radiological attack against the United States or a technological attack against a national security system (NBCRT attack) to be $25,000 during FY 2002 and 2003 (currently $2,500).Permits executive agencies to apply to the procurement of property and services during FY 2002 and 2003 for such purposes specified provisions of law relating to the procurement of commercial items, including special simplified acquisition procedures, without regard to: (1) whether the property and services are commercial items; or (2) the $5 million limitation on the use of such procedures.Requires executive agencies to use streamlined acquisition authorities and procedures for acquisitions during FY 2002 and 2003 of property and services that would facilitate the defense against terrorism or NBCRT attack.Allows executive agencies to engage in necessary basic, applied, and advanced research and development projects that have the potential to facilitate defense against terrorism or NBCRT attack and to carry out prototype projects that meet such requirements.Directs executive agencies to conduct market research to identify the capabilities, including those of small businesses and new Federal contractors, that are available in the marketplace in furtherance of defense against terrorism or such an attack.

A bill to provide increased flexibility Governmentwide for the procurement of property and services to facilitate the defense against terrorism, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``George Washington National Forest Mount Pleasant Scenic Area Act''. SEC. 2. PURPOSES. The purposes of this Act with respect to the George Washington National Forest Mount Pleasant Scenic Area are to-- (1) ensure appropriate protection and preservation of the scenic quality, water quality, natural characteristics, and water resources; (2) protect and manage vegetation to provide wildlife and fish habitat, consistent with paragraph (1); (3) provide areas that may develop characteristics of old- growth forests; and (4) provide a variety of recreation opportunities that are not inconsistent with the preceding purposes. SEC. 3. ESTABLISHMENT OF MOUNT PLEASANT NATIONAL SCENIC AREA. (a) In General.-- (1) Establishment.--There is hereby established in the George Washington National Forest, Virginia, the George Washington National Forest Mount Pleasant Scenic Area (in this section referred to as the ``scenic area''). (2) Lands included in scenic area.--The scenic area shall consist of certain lands in the George Washington National Forest, Virginia, which comprise approximately seven thousand five hundred and eighty acres, as generally depicted on a map entitled ``Mount Pleasant National Scenic Area--Proposed'', dated June 21, 1993. (3) Maps and descriptions.--As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and boundary description of the scenic area with the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives. The map and description shall have the same force and effect as if included in this Act, except that the Secretary is authorized to correct clerical and typographical errors in such boundary description and map. Such map and boundary description shall be on file and available for public inspection in the Office of the Chief of the Forest Service, Department of Agriculture. In the case of any discrepancy between the acreage and the map described in paragraph (2), the map shall control. (b) Administration.-- (1) In general.--The Secretary of Agriculture (in this section referred to as the ``Secretary'') shall administer the scenic area in accordance with this Act and the laws and regulations generally applicable to the National Forest System. In the event of conflict between this Act and other laws and regulations, this Act shall take precedence. (2) Management plan.--Within three years after the date of the enactment of this Act, the Secretary shall develop a management plan for the scenic area as an amendment to the Land and Resource Management Plan for the George Washington National Forest. Such an amendment shall conform to the provisions of this Act. Nothing in this Act shall require the Secretary to revise the Land and Resource Management Plan for the George Washington National Forest pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (c) Roads.--After the date of the enactment of this Act, no new permanent roads shall be constructed within the scenic area, except that this prohibition shall not be construed to deny access to private lands or interests therein in the scenic area. (d) Vegetation Management.--No timber harvest shall be allowed within the scenic area, except as may be necessary in the control of fire, insects, and diseases and to provide for public safety and trail access. Notwithstanding the foregoing, the Secretary may engage in vegetation manipulation practices for maintenance of existing wildlife clearings and visual quality. Firewood may be harvested for personal use along perimeter roads under such conditions as the Secretary may impose. (e) Motorized Travel.-- (1) Authorized routes.--Motorized travel in the scenic area shall be allowed on State Route 635. Subject to such conditions as the Secretary may impose, motorized travel in the scenic area shall also be allowed on Forest Development Road 51. (2) Other areas.--Other than as provided in paragraph (1), motorized travel shall not be permitted within the scenic area, except that the Secretary may authorize motorized travel within the scenic area as necessary for administrative use in furtherance of the purposes of this Act and on temporary routes in support of wildlife management projects. (f) Fire.--Wildfires shall be suppressed in a manner consistent with the purposes of this Act, using such means as the Secretary considers appropriate. (g) Insects and Disease.--Insect and disease outbreaks may be controlled in the scenic area to maintain scenic quality, prevent tree mortality, reduce hazards to visitors, or protect private lands. (h) Water.--The scenic area shall be administered so as to maintain or enhance existing water quality. (i) Mining Withdrawal.--Subject to valid existing rights, all federally owned lands in the scenic area are hereby withdrawn from location, entry, and patent under the mining laws of the United States and from leasing claims under the mineral and geothermal leasing laws of the United States, including amendments to such laws. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

George Washington National Forest Mount Pleasant Scenic Area Act - Establishes in the George Washington National Forest, Virginia, the George Washington National Forest Mount Pleasant Scenic Area. Sets forth provisions regarding administration of, and new roads, vegetation management, motorized travel, fire suppression, insects and disease control, and water quality in, the Area. Withdraws all federally-owned lands in the Area from U.S. mining and mineral and geothermal leasing laws. Directs the Secretary of Agriculture to develop a management plan for the Area as an amendment to the Land and Resource Management Plan for the George Washington National Forest.

George Washington National Forest Mount Pleasant Scenic Area Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Copyright Technical Corrections Act of 2001''. SEC. 2. CORRECTIONS TO 1999 ACT. Title I of the Intellectual Property and Communications Omnibus Reform Act of 1999, as enacted by section 1000(a)(9) of Public Law 106- 113, is amended as follows: (1) Section 1007 is amended-- (A) in paragraph (2), by striking ``paragraph (2)'' and inserting ``paragraph (2)(A)''; and (B) in paragraph (3), by striking ``1005(e)'' and inserting ``1005(d)''. (2) Section 1006(b) is amended by striking ``119(b)(1)(B)(iii)'' and inserting ``119(b)(1)(B)(ii)''. (3)(A) Section 1006(a) is amended-- (i) in paragraph (1), by adding ``and'' after the semicolon; (ii) by striking paragraph (2); and (iii) by redesignating paragraph (3) as paragraph (2). (B) Section 1011(b)(2)(A) is amended to read as follows: ``(A) in paragraph (1), by striking `primary transmission made by a superstation and embodying a performance or display of a work' and inserting `performance or display of a work embodied in a primary transmission made by a superstation or by the Public Broadcasting Service satellite feed';''. SEC. 3. AMENDMENTS TO TITLE 17, UNITED STATES CODE. Title 17, United States Code, is amended as follows: (1) Section 119(a)(6) is amended by striking ``of performance'' and inserting ``of a performance''. (2)(A) The section heading for section 122 is amended by striking ``rights; secondary'' and inserting ``rights: Secondary''. (B) The item relating to section 122 in the table of contents for chapter 1 is amended to read as follows: ``122. Limitations on exclusive rights: Secondary transmissions by satellite carriers within local markets.''. (3)(A) The section heading for section 121 is amended by striking ``reproduction'' and inserting ``Reproduction''. (B) The item relating to section 121 in the table of contents for chapter 1 is amended by striking ``reproduction'' and inserting ``Reproduction''. (4)(A) Section 106 is amended by striking ``107 through 121'' and inserting ``107 through 122''. (B) Section 501(a) is amended by striking ``106 through 121'' and inserting ``106 through 122''. (C) Section 511(a) is amended by striking ``106 through 121'' and inserting ``106 through 122''. (5) Section 101 is amended-- (A) by moving the definition of ``computer program'' so that it appears after the definition of ``compilation''; and (B) by moving the definition of ``registration'' so that it appears after the definition of ``publicly''. (6) Section 110(4)(B) is amended in the matter preceding clause (i) by striking ``conditions;'' and inserting ``conditions:''. (7) Section 118(b)(1) is amended in the second sentence by striking ``to it''. (8) Section 119(b)(1)(A) is amended-- (A) by striking ``transmitted'' and inserting ``retransmitted''; and (B) by striking ``transmissions'' and inserting ``retransmissions''. (9) Section 203(a)(2) is amended-- (A) in subparagraph (A)-- (i) by striking ``(A) the'' and inserting ``(A) The''; and (ii) by striking the semicolon at the end and inserting a period; (B) in subparagraph (B)-- (i) by striking ``(B) the'' and inserting ``(B) The''; and (ii) by striking the semicolon at the end and inserting a period; and (C) in subparagraph (C), by striking ``(C) the'' and inserting ``(C) The''. (10) Section 304(c)(2) is amended-- (A) in subparagraph (A)-- (i) by striking ``(A) the'' and inserting ``(A) The''; and (ii) by striking the semicolon at the end and inserting a period; (B) in subparagraph (B)-- (i) by striking ``(B) the'' and inserting ``(B) The''; and (ii) by striking the semicolon at the end and inserting a period; and (C) in subparagraph (C), by striking ``(C) the'' and inserting ``(C) The''. (11) The item relating to section 903 in the table of contents for chapter 9 is amended by striking ``licensure'' and inserting ``licensing''. SEC. 4. OTHER AMENDMENTS. (a) Amendment to Title 18.--Section 2319(e)(2) of title 18, United States Code, is amended by striking ``107 through 120'' and inserting ``107 through 122''. (b) Standard Reference Data.--(1) Section 105(f) of Public Law 94- 553 is amended by striking ``section 290(e) of title 15'' and inserting ``section 6 of the Standard Reference Data Act (15 U.S.C. 290e)''. (2) Section 6(a) of the Standard Reference Data Act (15 U.S.C. 290e) is amended by striking ``Notwithstanding'' and all that follows through ``United States Code,'' and inserting ``Notwithstanding the limitations under section 105 of title 17, United States Code,''.

Copyright Technical Corrections Act of 2001 - Makes technical amendments to the Intellectual Property and Communications Omnibus Reform Act of 1999 and other copyright law.

To make technical corrections in copyright law.

SECTION 1. TREATMENT OF INVESTMENT LOSSES IN FRAUDULENT PONZI-TYPE SCHEME. (a) In General.--Section 165 of the Internal Revenue Code of 1986 (relating to losses) is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Treatment of Investment Losses in Fraudulent Ponzi-Type Scheme.-- ``(1) In general.--If-- ``(A) a taxpayer has a loss on an investment in a fraudulent Ponzi-type scheme, and ``(B) the amount of such loss (without taking into account any potential recoveries) can reasonably be estimated as of the close of the taxable year, then the taxpayer may elect to treat the amount so estimated as a theft loss described in subsection (c)(2) incurred during the taxable year. ``(2) Fraudulent ponzi-type scheme.--For purposes of this subsection, the term `fraudulent Ponzi-type scheme' means any fraudulent investment operation which was managed in a manner that provided investors with returns (or purported returns) derived substantially from investments made by other investors rather than from profits. ``(3) Treatment of subsequent recoveries.--If the aggregate estimated losses to which an election under paragraph (1) applies with respect to a fraudulent Ponzi-type scheme for all prior taxable years exceeds the aggregate actual losses by reason of a recovery received or accrued during any taxable year, the amount of such recovery shall be included in gross income for such taxable year to the extent of such excess. Proper adjustments shall be made in the application of the preceding sentence for additional recoveries in subsequent taxable years. ``(4) Perpetrators of fraud not covered.--Paragraph (1) shall not apply to any person who perpetrated the fraud.''. (b) Extension of Net Operating Loss Carryback Period.--Paragraph (1) of section 172(b) of such Code is amended by adding at the end the following new subparagraph: ``(K) Losses attributable to investments in fraudulent schemes.-- ``(i) In general.--Subparagraph (A)(i) shall be applied by substituting `the applicable number of taxable years' for `2 taxable years' with respect to the portion of the net operating loss for the taxable year to which an election under section 165(m) applies. ``(ii) Applicable number of taxable years.--For purposes of clause (i), the applicable number of taxable years is any whole number elected by the taxpayer which is more than 2 but not more than the lesser of-- ``(I) 10 years, or ``(II) the period that the taxpayer had amounts invested in the scheme to which such election applies. ``(iii) Ordering rule.--For purposes of this subparagraph, the portion of the net operating loss for any taxable year which is attributable to a loss to which an election under section 165(m) applies shall be the excess of-- ``(I) the net operating loss for such taxable year, over ``(II) the net operating loss for such taxable year determined without regard to the amount allowed as a deduction by reason of an election under section 165(m). ``(iv) Coordination with paragraph (2).-- For purposes of applying paragraph (2), a loss to which an election under section 165(m) applies for any taxable year shall be treated in a manner similar to the manner in which a specified liability loss is treated.''. (c) Waiver of Contribution Base Limitation on Charitable Contributions.--Subsection (b) of section 170 of such Code is amended by adding at the end the following new paragraph: ``(4) Waiver of limitation on contributions to charities with losses from fraudulent ponzi-type scheme.-- ``(A) In general.--Paragraphs (1) and (2) shall not apply to any charity restoration deduction. ``(B) Charity restoration deduction.-- ``(i) In general.--For purposes of this paragraph, the term `charity restoration deduction' means the amount of charitable contributions made by the taxpayer during the taxable year to an organization described in subsection (c) which are designated by such organization for purposes of this paragraph. ``(ii) Limitation on amount designated.-- The aggregate amount which may be designated by an organization for purposes of this paragraph for all taxable years shall not exceed the aggregate deduction which would be allowed to such organization under section 165(m) were such organization a taxpayer to which section 165(m) applies. ``(C) Overall limitation.--In no event shall the amount allowed as a deduction under this section for the taxable year by reason of this paragraph exceed the excess of the taxpayer's taxable income (determined without regard to this paragraph) for such year over the deduction allowed under this section without regard to this paragraph.''. (d) Restoration of Unified Credit in Certain Cases.--Section 2505 of such Code (relating to unified credit) is amended by adding at the end the following new subsection: ``(d) Restoration of Unified Credit in Certain Cases.-- ``(1) In general.--If-- ``(A) during any preceding calendar year, a taxpayer made a gift of an interest in an investment operation later determined to be a fraudulent Ponzi- type scheme (as defined in section 165(m)(2)), ``(B) the taxpayer reported the amount of such gift on a timely filed return under this chapter, and ``(C) the taxpayer subsequently makes a gift to the donee which received the gift referred to in subparagraph (A), the amount under subsection (a)(2) for the calendar year in which the gift referred to in subparagraph (C) is made and subsequent calendar years (determined without regard to such gift) shall be reduced by the gift restoration amount. ``(2) Gift restoration amount.--For purposes of paragraph (1), the gift restoration amount is the lesser of-- ``(A) the amount of credit allowable under this section with respect to the gift described in paragraph (1)(C) (or would be allowable without regard to the limitation in subsection (a)(1)), or ``(B) the amount of credit which would be so allowable with respect to a gift equal to the amount of the donee's loss on such interest (without taking into account any potential recoveries) which can reasonably be estimated as of the close of the calendar year in which the gift described in paragraph (1)(C) was made. ``(3) Adjustments.--Proper adjustments shall be made in the application of paragraph (2) with respect to gifts and recoveries in subsequent calendar years.''. (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years ending during 2008 or thereafter. (2) Gift treatment.--The amendment made by subsection (d) shall apply to gifts referred to in section 2505(d)(1)(C) of the Internal Revenue Code of 1986 (as added by this section) made after December 31, 2008.

Amends the Internal Revenue Code to: (1) allow an enhanced tax deduction for losses sustained from a fraudulent Ponzi-type scheme; (2) extend the carryback period for net operating losses attributable to such schemes; (3) waive certain limitations on the charitable tax deduction for contributions to charities with losses from fraudulent Ponzi-type schemes; and (4) restore the gift tax unified credit for gifts of an interest in a fraudulent Ponzi-type scheme. Defines "fraudulent Ponzi-type scheme" as any fraudulent investment operation that provides investors with returns that are derived substantially from investments made by other investors rather than from profits.

To amend the Internal Revenue Code of 1986 to provide special rules for investments lost in a fraudulent Ponzi-type scheme.

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Endangered Species Land Management Reform Act''. (b) References to Endangered Species Act of 1973.--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 that section or provision of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 2. RIGHT TO COMPENSATION. (a) In General.--Section 13 (87 Stat. 902) is amended to read as follows: ``right to compensation ``Sec. 13. (a) Prohibition.--No agency may take an action under this Act affecting privately owned property that results in the diminishment of the value of any portion of that property by an amount equal to or greater than 50 percent of the value of that portion unless compensation is offered in accordance with this section. ``(b) Compensation for Diminishment.--Any agency that takes an action referred to in subsection (a)-- ``(1) shall compensate the property owner for the diminution in value of any portion of that property resulting from the action; or ``(2) at the option of the owner, shall buy that portion of the property by paying the fair market value of the portion, determined based on the value of the property before the diminution and without regard to the presence on the property of a species listed under section 4(c), or the use of the property by such a species. ``(c) Request of Owner.--A property owner seeking compensation under this section shall make a written request for compensation to the agency whose action would limit the otherwise lawful use of property. The request shall, at a minimum, identify the affected portion of the property, the nature of the diminution, and the amount of compensation claimed. ``(d) Choice of Remedies.--If the parties have not reached an agreement on compensation within 180 days after the written request is made, the owner may elect binding arbitration through alternative dispute resolution or seek compensation due under this section in a civil action. The parties may by mutual agreement extend the period of negotiation on compensation beyond the 180-day period without loss of remedy to the owner under this section. In the event the extension period lapses the owner may elect binding arbitration through alternative dispute resolution or seek compensation due under this section in a civil action. ``(e) Alternative Dispute Resolution.-- ``(1) In general.--In the administration of this section-- ``(A) arbitration procedures shall be in accordance with the alternative dispute resolution procedures established by the American Arbitration Association; and ``(B) in no event shall arbitration be a condition precedent or an administrative procedure to be exhausted before the filing of a civil action under this section. ``(2) Review of arbitration.-- ``(A) Appeal of decision.--Appeal from arbitration decisions shall be to the United States District Court for the district in which the property is located or the United States Court of Federal Claims in the manner prescribed by law for the claim under this section. ``(B) Rules of enforcement of award.--The provisions of title 9, United States Code (relating to arbitration), shall apply to enforcement of awards rendered under this section. ``(f) Civil Action.--An owner who prevails in a civil action against any agency pursuant to this section shall be entitled to, and such agency shall be liable for, just compensation, plus reasonable attorney's fees and other litigation costs, including appraisal fees. ``(g) Source of Payments.--Any payment made under this section shall be paid from the responsible agency's annual appropriation supporting the agency's activities giving rise to the claim for compensation. If insufficient funds are available to the agency in the fiscal year in which the award becomes final the agency shall pay the award from appropriations available in the next fiscal year. ``(h) Definitions.--For the purposes of this section-- ``(1) the term `agency' has the meaning given that term in section 551 of title 5, United States Code; ``(2) the term `agency action' means any action or decision taken by any agency that at the time of such action or decision adversely affects private property rights; ``(3) the term `fair market value' means the likely price at which property would change hands, in a competitive and open market under all conditions requisite to fair sale, between a willing buyer and willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of relevant facts, prior to occurrence of the agency action; ``(4) the term `just compensation'-- ``(A) means compensation equal to the full extent of a property owner's loss, including the fair market value of the private property taken, whether the taking is by physical occupation or through regulation, exaction, or other means; and ``(B) shall include compounded interest calculated from the date of the taking until the date the United States tenders payment; ``(5) the term `owner' means the owner or possessor of property or rights in property at the time the taking occurs, including when-- ``(A) the statute, regulation, rule, order, guideline, policy, or action is passed or promulgated; or ``(B) the permit, license, authorization, or governmental permission is denied or suspended; ``(6) the term `property' means land, an interest in land, proprietary water rights, and any personal property that is subject to use by the Federal Government or to a restriction on use; ``(7) the term `private property' or `property' means all interests constituting real property, as defined by Federal or State law, protected under the fifth amendment to the United States Constitution, any applicable Federal or State law, or this section, and more specifically constituting-- ``(A) real property, whether vested or unvested, including-- ``(i) estates in fee, life estates, estates for years, or otherwise; ``(ii) inchoate interests in real property such as remainders and future interests; ``(iii) personalty that is affixed to or appurtenant to real property; ``(iv) easements; ``(v) leaseholds; ``(vi) recorded liens; and ``(vii) contracts or other security interests in, or related to, real property; ``(B) the right to use water or the right to receive water, including any recorded liens on such water right; or ``(C) rents, issues, and profits of land, including minerals, timber, fodder, crops, oil and gas, coal, or geothermal energy.''. (b) Conforming Amendment.--The table of contents at the end of the first section is amended by striking the item relating to section 13 and inserting the following: ``Sec. 13. Right to compensation.''. SEC. 3. SPECIES CONSERVATION TRUST FUND. (a) Establishment.--Section 14 (87 Stat. 903) is amended to read as follows: ``species conservation fund ``Sec. 14. (a) Establishment of Fund.--There is established in the Treasury a separate account, which shall be known as the Species Conservation Fund (in this section referred to as the `Fund'). ``(b) Contents.--The Fund shall consist of such amounts as are appropriated to the Fund. ``(c) Use.--Amounts in the Fund shall be available to the Secretary, without further appropriation, to carry out projects on privately owned land to conserve species included in lists published under section 4(c) and their habitats, including for acquiring real property, waters, or interests therein.''. (b) Conforming Amendment.--The table of contents at the end of the first section is amended by striking the item relating to section 14 and inserting the following: ``Sec. 14. Species Conservation Fund.''. SEC. 4. LIMITATION ON MITIGATION REQUIREMENTS. Section 10 (16 U.S.C. 1539) is amended by adding at the end the following: ``(k) Limitation on Mitigation Requirements.--(1) If the Secretary requires that mitigation be carried out as a condition of any approval or other action by the Secretary under any provision of this Act with respect to an activity, then the scope and scale of mitigation required may not exceed the scope and scale of the activity for which mitigation is required. ``(2) With respect to activities affecting land-- ``(A) the area of land on which the mitigation is required may not exceed the area of land subject to impacts for which mitigation is required; and ``(B) the mitigation required may not require expenditures greater than the cost of fencing and preserving the current condition of the land on which the activity is conducted.''.

Endangered Species Land Management Reform Act - Amends the Endangered Species Act of 1973 to prohibit a Federal agency from taking an action affecting privately owned property that results in the diminishment of the value of any portion of property by an amount equal to or greater than half of the value of that portion unless compensation is offered. Provides for any agency that takes such an action to: (1) compensate the property owner for the diminution in value of any portion of that property resulting from the action; or (2) at the owner's option, buy that portion of the property by paying fair market value of the portion, based on the property's value before the diminution and without regard to the presence on the property of an endangered or threatened species, or the use of the property by such a species. Requires a property owner seeking compensation to make a written request for compensation to the agency whose action would limit otherwise lawful use of the property. Permits such an owner to elect arbitration through alternative dispute resolution or seek compensation due in a civil action if the parties have not reached an agreement on compensation within 180 days after the written request is made. Entitles an owner who prevails in a civil action against any agency to, and makes such agency liable for, just compensation, plus reasonable attorney's fees and other litigation costs, including appraisal fees. Establishes in the Treasury the Species Conservation Fund to consist of such amounts as are appropriated to the Fund. Provides for amounts in the Fund to be available, without further appropriation, to carry out projects on privately owned land to conserve endangered or threatened species and their habitats, including for acquiring real property, waters, or interests. Sets a limitation on mitigation requirements.

Endangered Species Land Management Reform Act

SECTION 1. REMEDIATION OF CONTAMINATED SEDIMENTS. (a) In General.--Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at the end the following: ``SEC. 127. REMEDIATION OF CONTAMINATED SEDIMENTS. ``(a) Sediment Quality Criteria.-- ``(1) Establishment.--Not later than January 1, 2001, after consultation with the States and Indian tribes, the Administrator shall establish final numerical sediment quality criteria for the 10 toxic, persistent, or bioaccumulative substances that the Administrator determines are most likely to adversely affect human health and the environment. ``(2) Review.--Every 3 years after the date on which criteria are established under paragraph (1)-- ``(A) the Administrator shall review the list of substances compiled under paragraph (1); ``(B) after consultation with the States and Indian tribes, add or remove substances from the list based on the risks of adverse effects to human health and the environment (including the risks of adverse developmental, reproductive, and transgenerational effects); and ``(C) not later than 3 years after the date on which a substance is added to the list under subparagraph (B), establish final numerical sediment quality criteria for the substance. ``(b) Revision of Hazard Ranking System.-- ``(1) In general.--Not later than 30 months after the date of enactment of this section, the Administrator shall revise the hazard ranking system referred to in section 105(a)(8)(A) to ensure that the hazard ranking system more accurately assesses the risks to human health and the environment from aquatic sites with contaminated sediments (as that term is applied for the purposes of section 118(c)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(7))). ``(2) Scope of assessment.--To ensure more accurate assessments of health and environmental risks at aquatic sites with contaminated sediments, the assessment referred to in paragraph (1) shall not-- ``(A) include consideration of the costs of carrying out response actions; or ``(B) require identification of the source of a release. ``(3) Transition provision.--The hazard ranking system in effect on the date of enactment of this section shall continue in effect until the effective date of the revised hazard ranking system required by this subsection. ``(c) Expenditure of Funds for Response Actions.-- ``(1) In general.--Notwithstanding any other provision of law, for each fiscal year, the Administrator may expend up to $300,000,000 of funds appropriated out of the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 for the purposes of carrying out response actions and other corrective actions at facilities containing contaminated sediments (as that term is applied for the purposes of section 118(c)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(7))). ``(2) Priorities.--In expending funds under paragraph (1), the Administrator shall give priority to facilities, a release from which has adversely affected or could adversely affect human health or the environment, in the following order: ``(A) A facility in a watershed with respect to which-- ``(i) a program has been or is being implemented that has significantly reduced or is significantly reducing or preventing the deposition into sediment of a persistent and bioaccumulative toxic substance from the watershed; and ``(ii) a State or local government having jurisdiction over a portion of the watershed contributes 25 percent or more of the response costs. ``(B) A facility in a watershed with respect to which only subparagraph (A)(i) applies. ``(C) A facility in a watershed with respect to which only subparagraph (A)(ii) applies. ``(D) A facility in a watershed with respect to which subparagraph (A) does not apply. ``(d) Hazard Ranking System Scoring Package.-- ``(1) Identification of facilities.--From the comprehensive national survey of data regarding aquatic sediment quality conducted under section 503(a) of the Water Resources Development Act of 1992 (33 U.S.C. 1271(a)), the Administrator shall identify the 20 facilities containing contaminated sediments (as that term is applied for the purposes of section 118(c)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(7))) that are most likely to adversely affect human health and the environment and that have not been the subject of any Federal or State response action or other corrective action. ``(2) Scoring package.--After identifying the facilities under paragraph (1), the Administrator, not later than 3 years after the date of enactment of this section, shall-- ``(A) prepare a comprehensive scoring package under the hazard ranking system referred to in section 105(a)(8)(A) for each facility, unless a State or remedial action planning committee objects to the conduct of the assessment necessary for the scoring in an area or watershed under the jurisdiction of the State or committee; and ``(B) report to Congress the results of each scoring package prepared under subparagraph (A).''. (b) Criteria for Determining Priorities Among Releases.--Section 105(a)(8)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)(8)(A)) is amended by inserting before the semicolon at the end the following: ``, except that criteria and priorities under this paragraph shall not be based on the extent to which the President is able to identify 1 or more potentially responsible parties or 1 or more specific sources of a release''. (c) Inclusion in Report on Monitoring of Aquatic Sediment Quality.--Section 503(b)(2) of the Water Resources Development Act of 1992 (33 U.S.C. 1271(b)(2)) is amended by adding at the end the following: ``Each report shall include information on all facilities containing contaminated sediments that are listed on the National Priorities List under section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)).''. (d) Report on Hazard Ranking System.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report assessing the extent to which the hazard ranking system referred to in section 105(a)(8)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)(8)(A)) (as revised in 1990) has achieved the objectives specified in paragraphs (1) and (2) of section 105(c) of that Act (42 U.S.C. 9605(c)). (2) Contents.--The report shall include a comprehensive assessment of the number and type of aquatic facilities that have been scored under the hazard ranking system (as revised in 1990) and the level of risk that the facilities pose to human health and the environment.

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to require the Administrator of the Environmental Protection Agency to establish final numerical sediment quality criteria for the ten toxic, persistent, or bioaccumulative substances that are most likely to adversely affect human health and the environment. Provides for review and revision of the list of such substances every three years. Directs the Administrator to revise the hazard ranking system (part of the national hazardous substance response plan under CERCLA) to ensure that the system more accurately assesses the health and environmental risks from aquatic sites with contaminated sediments (as such term is applied under provisions of the Federal Water Pollution Control Act (Clean Water Act) dealing with contaminated sediments in the Great Lakes). Prohibits such assessment from including consideration of costs of carrying out response actions or requiring identification of the source of a hazardous substance release. Authorizes the Administrator to expend up to $3 million per fiscal year out of the Hazardous Substance Superfund to carry out response and other corrective actions at facilities containing contaminated sediments (as such term is applied under the Clean Water Act provisions). Requires the Administrator, from the national survey of data regarding aquatic sediment quality conducted under the Water Resources Development Act of 1992, to identify the 20 facilities containing contaminated sediments (as such term is applied under the Clean Water Act provisions) that are most likely to adversely affect health and the environment and that have not been the subject of Federal or State response actions or other corrective actions. Directs the Administrator to prepare and submit to the Congress a comprehensive scoring package under the hazard ranking system for each facility unless a State or remedial action planning committee objects to the assessment necessary for scoring in an area or watershed under its jurisdiction. Provides that criteria for determining priorities among hazardous substance releases for purposes of taking remedial action shall not be based on the extent to which the President can identify potentially responsible parties or specific sources of a release. Requires the Administrator to report to the Congress on the extent to which the hazard ranking system (as revised in 1990) has achieved certain objectives regarding accurate assessment of health and environmental risks posed by facilities and water contamination risks.

A bill to facilitate the remediation of contaminated sediments in the waters of the United States.

SECTION 1. CONSOLIDATION OF TAXES ON AVIATION GASOLINE. (a) In General.--Subparagraph (A) of section 4081(a)(2) of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline and diesel fuel) is amended by redesignating clause (ii) as clause (iii) and by striking clause (i) and inserting the following: ``(i) in the case of gasoline other than aviation gasoline, 18.3 cents per gallon, ``(ii) in the case of aviation gasoline, 19.3 cents per gallon, and''. (b) Termination.--Subsection (d) of section 4081 of such Code is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Aviation gasoline.--On and after January 1, 1996, the rate specified in subsection (a)(2)(A)(ii) shall be 4.3 cents per gallon.'' (c) Repeal of Retail Level Tax.-- (1) Subsection (c) of section 4041 of such Code is amended by striking paragraphs (2) and (3) and by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. (2) Paragraph (3) of section 4041(c) of such Code, as redesignated by paragraph (1), is amended by striking ``paragraphs (1) and (2)'' and inserting ``paragraph (1)''. (d) Conforming Amendments.-- (1) Paragraph (1) of section 4041(k) of such Code is amended by adding ``and'' at the end of subparagraph (A), by striking ``, and'' at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C). (2) Paragraph (1) of section 4081(d) of such Code is amended by striking ``each rate of tax specified in subsection (a)(2)(A)'' and inserting ``the rates of tax specified in clauses (i) and (iii) of subsection (a)(2)(A)''. (3) Sections 6421(f)(2)(A) and 9502(f)(1)(A) of such Code are each amended by striking ``section 4041(c)(4)'' and inserting ``section 4041(c)(2)''. (4) Paragraph (2) of section 9502(b) of such Code is amended by striking ``14 cents'' and inserting ``15 cents''. (e) Effective Date.--The amendments made by this section shall take effect on October 1, 1994. (f) Floor Stocks Tax.-- (1) Imposition of tax.--In the case of aviation gasoline on which tax was imposed under section 4081 of such Code before October 1, 1994, and which is held on such date by any person, there is hereby imposed a floor stocks tax of 1 cent per gallon of such gasoline. (2) Liability for tax and method of payment.-- (A) Liability for tax.--A person holding aviation gasoline on October 1, 1994, 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 March 31, 1995. (3) Definitions.--For purposes of this subsection: (A) Held by a person.--Gasoline 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) Secretary.--The term `Secretary' means the Secretary of the Treasury or his delegate. (4) Exception for exempt uses.--The tax imposed by paragraph (1) shall not apply to gasoline 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 aircraft tank.--No tax shall be imposed by paragraph (1) on aviation gasoline held in the tank of an aircraft. (6) Exception for certain amounts of fuel.-- (A) In general.--No tax shall be imposed by paragraph (1) on aviation gasoline held on October 1, 1994, by any person if the aggregate amount of aviation gasoline held by such person on such date does not exceed 6,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (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.-- (i) Corporations.--In the case of a controlled group, the 6,000 gallon amount in subparagraph (A) shall be apportioned among the component members of such group in such manner as the Secretary shall by regulations prescribe. For purposes of the preceding sentence, 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 under common control where 1 or more of the members is not a corporation. (7) Other laws 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 subsection, 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.

Amends the Internal Revenue Code to impose a tax on aviation gasoline at the refinery level. Repeals such tax at the retail level.

To amend the Internal Revenue Code of 1986 to consolidate the retail level and refinery level taxes on aviation gasoline by imposing the entire tax at the refinery level.

SECTION 1. SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES. (a) In General.--Part IV of title 28, United States Code, is amended by inserting immediately following chapter 153 the following new chapter: ``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES ``Sec. ``2261. Defendants subject to capital punishment and prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment. ``2262. Mandatory stay of execution; duration; limits on stays of execution; successive petitions. ``2263. Filing of habeas corpus petition; time requirements; tolling rules. ``2264. Evidentiary hearings; scope of Federal review; district court adjudication. ``2265. Certificate of probable cause inapplicable. ``2266. Counsel in capital cases; trial and post-conviction standards. ``2267. Law controlling in Federal habeas corpus proceedings; retroactivity. ``2268. Habeas corpus time requirements. ``Sec. 2261. Defendants subject to capital punishment and prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment ``(a) This chapter shall apply-- ``(1) to-- ``(A) cases in which the defendant is tried for a capital offense; or ``(B) cases arising under section 2254 of this title brought by prisoners in State custody who are subject to a capital sentence; and ``(2) only if subsections (b) and (c) are satisfied. ``(b) This chapter is applicable if a State establishes by rule of its court of last resort or by statute a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel consistent with section 2266 of this title. ``(c) Any mechanism for the appointment, compensation, and reimbursement of counsel as provided in subsection (b) must offer counsel to all State defendants tried for a capital offense and all State prisoners under capital sentence and must provide for the entry of an order by a court of record-- ``(1) appointing one or more counsel to represent the defendant or prisoner upon a finding that the defendant or prisoner-- ``(A) is indigent and has accepted the offer; or ``(B) is unable competently to decide whether to accept or reject the offer; ``(2) finding, after a hearing, if necessary, that the defendant or prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or ``(3) denying the appointment of counsel upon a finding that the defendant or prisoner is not indigent. ``(d) No counsel appointed pursuant to subsections (b) and (c) to represent-- ``(1) a State defendant being tried for a capital offense; or ``(2) prisoner under capital sentence during direct appeals in the State courts, shall have previously represented the defendant or prisoner at trial or on direct appeal in the case for which the appointment is made unless the defendant or prisoner and counsel expressly request continued representation. ``(e) The ineffectiveness or incompetence of counsel during State or Federal collateral post-conviction proceedings in a capital case shall not be a ground for relief in a proceeding arising under this chapter. This subsection shall not preclude the appointment of different counsel at any phase of Federal post-conviction proceedings. ``Sec. 2262. Mandatory stay of execution; duration; limits on stays of execution; successive petitions ``(a) Upon the entry in the appropriate State court of record of an order pursuant to section 2261(c) of this title for a prisoner under capital sentence, a warrant or order setting an execution date for a State prisoner shall be stayed upon application to any court that would have jurisdiction over any proceedings filed pursuant to this chapter. The application must recite that the State has invoked the procedures of this chapter and that the scheduled execution is subject to stay. ``(b) A stay of execution granted pursuant to subsection (a) shall expire if-- ``(1) a State prisoner fails to file a habeas corpus petition under this chapter within the time required in section 2263 of this title; or ``(2) upon completion of district court and court of appeals review under this chapter, the petition for relief is denied and-- ``(A) the time for filing a petition for certiorari has expired and no petition has been filed; ``(B) a timely petition for certiorari was filed and the Supreme Court denied the petition; or ``(C) a timely petition for certiorari was filed and upon consideration of the case, the Supreme Court disposed of it in a manner that left the capital sentence undisturbed; or ``(3) before a court of competent jurisdiction, a State prisoner under capital sentence waives the right to pursue habeas corpus review under section 2254 of this title, in the presence of counsel and after having been advised of the consequences of making the waiver. ``(c) If one of the conditions in subsection (b) has occurred, no Federal court thereafter shall have the authority to enter a stay of execution or grant relief in a capital case unless-- ``(1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; ``(2) the failure to raise the claim-- ``(A) was the result of State action in violation of the Constitution or laws of the United States; ``(B) was the result of a recognition by the Supreme Court of a new fundamental right that is retroactively applicable; or ``(C) is due to the fact the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and ``(3) the filing of any successive petition for a writ of habeas corpus is authorized by the appropriate court of appeals in accordance with section 2264(c) and the facts underlying the claim would be sufficient, if proved, to undermine the court's confidence in the jury's determination of guilt on the offense or offenses for which the death penalty was imposed or newly discovered facts which are not based upon or include opinion evidence, expert or otherwise, which would be sufficient to undermine the court's confidence in the validity of the death sentence. ``Sec. 2263. Filing of habeas corpus petition; time requirements; tolling rules ``(a) Any petition filed under this chapter for habeas corpus relief must be filed in the appropriate district court not later than 60 days after the filing in the appropriate State court of record of an order issued in compliance with section 2261(c) of this title. The time requirements established by this section shall be tolled-- ``(1) from the date that a petition for certiorari is filed in the Supreme Court until the date of final disposition of the petition if a State prisoner seeks review of a capital sentence that has been affirmed on direct appeal by the court of last resort of the State or has otherwise become final for State law purposes; and ``(2) during an additional period not to exceed 60 days, if counsel for the State prisoner-- ``(A) moves for an extension of time in Federal district court that would have jurisdiction over the case upon the filing of a habeas corpus petition under section 2254 of this title; and ``(B) makes a showing of good cause for counsel's inability to file the habeas corpus petition within the 60-day period established by this section. A court that finds that good cause has been shown shall explain in writing the basis for such a finding. ``(b) A notice of appeal from a judgment of the district court in a claim under this chapter shall be filed within 20 days of the entry of judgment. ``(c) A petition for a writ of certiorari to the Supreme Court of the United States in a claim under this chapter shall be filed within 20 days of the issuance of the mandate by the court of appeals. ``Sec. 2264. Evidentiary hearings; scope of Federal review; district court adjudication ``(a) Whenever a State prisoner under a capital sentence files a petition for habeas corpus relief to which this chapter applies, the district court-- ``(1) shall determine the sufficiency of the evidentiary record for habeas corpus review; and ``(2) may conduct an evidentiary hearing when the court, in its discretion, determines that such hearing is necessary to complete the record for habeas corpus review. ``(b) Upon the development of a complete evidentiary record, the district court shall rule on the merits of the claims properly before it within the time limits established in section 2268 of this title. ``(c)(1) Except as provided in paragraph (2), a district court may not consider a successive claim under this chapter. ``(2) A district court may only consider a successive claim under this chapter if the petitioner seeks leave to file a successive petition in the appropriate court of appeals. ``(3) In a case in which the appropriate court of appeals grants leave to file a successive petition, the time limits established by this chapter shall be applicable to all further proceedings under the successive petition. ``Sec. 2265. Certificate of probable cause inapplicable ``The requirement of a certificate of probable cause in order to appeal from the district court to the court of appeals does not apply to habeas corpus cases subject to this chapter. ``Sec. 2266. Counsel in capital cases; trial and post-conviction standards ``(a) A mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this chapter shall-- ``(1) provide for counsel to indigents charged with offenses for which capital punishment is sought, to indigents who have been sentenced to death and who seek appellate or collateral review in State court, and to indigents who have been sentenced to death and who seek certiorari review in the United States Supreme Court; collateral review in State court, and to indigents who have been sentenced to death and who seek certiorari review in the United States Supreme Court; and ``(2) provide for the entry of an order of a court of record appointing one or more counsel to represent the prisoner except upon a judicial determination (after a hearing, if necessary) that (A) the prisoner is not indigent; or (B) the prisoner knowingly and intelligently waives the appointment of counsel. ``(b)(1) Except as provided below, at least one attorney appointed pursuant to this chapter before trial, if applicable, and at least one attorney appointed pursuant to this chapter after trial, if applicable, shall have been certified by a statewide certification authority. The States may elect to create one or more certification authorities (but not more than three such certification authorities) to perform the responsibilities set forth below. The certification authority for counsel at any stage of a capital case shall be-- ``(i) a special committee, constituted by the State court of last resort or by State law, relying on staff attorneys of a defender organization, members of the private bar, or both; or ``(ii) a capital litigation resource center, relying on staff attorneys, members of the private bar, or both; or ``(iii) a statewide defender organization, relying on staff attorneys, members of the private bar, or both. The certification authority shall-- ``(iv) certify attorneys qualified to represent persons charged with capital offenses or sentenced to death; and ``(v) draft and annually publish procedures and standards by which attorneys are certified and rosters of certified attorneys; and ``(vi) periodically review the roster of certified attorneys, monitor the performance of all attorneys certified, and withdraw certification from any attorney who fails to meet high performance standards in a case to which the attorney is appointed; or fails otherwise to demonstrate continuing competence to represent prisoners in capital litigation. ``(2) In a State that has a publicly funded public defender system that is not organized on a statewide basis, the requirements of section 2261(b) shall have been deemed to have been satisfied if at least one attorney appointed pursuant to this chapter before trial shall be employed by a State funded public defender organization, if the highest court of the State finds on an annual basis that the standards and procedures established and maintained by such organization (which have been filed by such organization and reviewed by such court on an annual basis) ensure that the attorneys working for such organization demonstrate continuing competence to represent indigents in capital litigation. ``(c) If a State has not elected to establish one or more statewide certification authorities to certify counsel eligible to be appointed before trial to represent indigents, in the case of an appointment made before trial, at least one attorney appointed under this chapter must have been admitted to practice in the court in which the prosecution is to be tried for not less than 5 years, and must have not less than 3 years' experience in the trial of felony prosecutions in that court. ``(d) If a State has not elected to establish one or more statewide certification authorities to certify counsel eligible to be appointed after trial to represent indigents, in the case of an appointment made after trial, at least one attorney appointed under this chapter must have been admitted to practice in the court of last resort of the State for not less than 5 years, and must have had not less than 3 years' experience in the handling of appeals in that State's courts in felony cases. ``(e) Notwithstanding this subsection, a court, for good cause, may appoint another attorney whose background, knowledge or experience would otherwise enable the attorney to properly represent the defendant, with due consideration of the seriousness of the possible penalty and the unique and complex nature of the litigation. ``(f) Upon a finding in ex parte proceedings that investigative, expert or other services are reasonably necessary for the representation of the defendant, whether in connection with issues relating to guilt or issues relating to sentence, the court shall authorize the defendant's attorney to obtain such services on behalf of the defendant and shall order the payment of fees and expenses therefor, under subsection (g). Upon finding that timely procurement of such services could not practically await prior authorization, the court may authorize the provision of any payment of services nunc pro tunc. ``(g) The court shall fix the compensation to be paid to an attorney appointed under this subsection (other than State employees) and the fees and expenses to be paid for investigative, expert, and other reasonably necessary services authorized under subsection (c), at such rates or amounts as the court determines to be reasonably necessary to carry out the requirements of this subsection. ``Sec. 2267. Law controlling in Federal habeas corpus proceedings; retroactivity ``In cases subject to this chapter, all claims shall be governed by the law as it was when the petitioner's sentence became final. A court considering a claim under this chapter shall consider intervening decisions by the Supreme Court of the United States which establish fundamental constitutional rights. ``Sec. 2268. Habeas corpus time requirements ``(a) A Federal district court shall determine any petition for a writ of habeas corpus brought under this chapter within 110 days of filing ``(b) The court of appeals shall hear and determine any appeal of the granting, denial, or partial denial of a petition for a writ of habeas corpus brought under this chapter within 90 days after the notice of appeal is filed. ``(c) The Supreme Court shall act on any petition for a writ of certiorari in a case brought under this chapter within 90 days after the petition is filed. ``(d) The Administrative Office of United States Courts shall report annually to Congress on the compliance by the courts with the time limits established in this section.''. Sec. 2. Amendment to Table of Chapters.--The table of chapters for part IV of title 28, United States Code, is amended by inserting after the item for chapter 153 the following: ``154. Special habeas corpus procedures in capital cases.... 2261''. Sec. 3. Amendment to Section 2254 of Title 28.--Section 2254(c) of title 28, United States Code, is amended by-- (1) striking ``An applicant'' and inserting ``(1) Except as provided in paragraph (2), an applicant''; and (2) adding at the end thereof the following: ``(2) An applicant in a capital case shall be deemed to have exhausted the remedies available in the courts of the State when he has exhausted any right to direct appeal in the State.''.

Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by defendants subject to capital punishment and prisoners in State custody who are subject to a capital sentence, contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel consistent with this Act. Sets forth procedures for the appointment of counsel. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Authorizes the States to elect to create between one and three certification authorities (i.e., a special committee constituted by the State court of last resort or by State law, a capital litigation resource center, or a statewide defender organization) to: (1) certify attorneys qualified to represent persons charged with capital offenses or sentenced to death; (2) publish standards by which attorneys are certified and rosters; and (3) periodically review the roster of certified attorneys, monitor the performance of all attorneys certified, and withdraw certification from any attorney who fails to meet high performance standards or to demonstrate continuing competence to represent prisoners in capital litigation. Authorizes payment of fees and expenses for investigative, expert, or other services reasonably necessary for the representation of the defendant. Directs the court to fix the compensation to be paid to an attorney appointed under this Act. Specifies which law controls in Federal habeas corpus proceedings. Sets forth habeas corpus time requirements. Specifies that an applicant for habeas corpus in a capital case shall be deemed to have exhausted the remedies available in the courts of the State when he has exhausted any right to direct appeal in the State.

A bill to provide expedited procedures for the consideration of habeas corpus petitions in capital cases.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Debt Forgiveness and International Financial Institutions Reform Act of 2000''. SEC. 2. DEBT RELIEF UNDER THE HEAVILY INDEBTED POOR COUNTRIES (HIPC) INITIATIVE. (a) Repeal of Limitation on Availability of Earnings on Profits of Nonpublic Gold Sales.--Paragraph (1) of section 62 of the Bretton Woods Agreements Act, as added by section 503(a) of H.R. 3425 of the 106th Congress (as enacted by section 1000(a)(5) of Public Law 106-113 (113 Stat. 1536)), is amended-- (1) by adding ``and'' at the end of subparagraph (B); and (2) by striking subparagraph (D). (b) Contributions to HIPC Trust Fund.-- (1) Authorization of appropriations for contributions.-- There is authorized to be appropriated for the period beginning October 1, 1999, and ending September 30, 2003, $600,000,000 for purposes of United States contributions to the Heavily Indebted Poor Countries (HIPC) Trust Fund administered by the Bank. (2) Availability of amounts.--Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended. (c) Certification Required.-- (1) In general.--Except as provided in paragraph (2), not later than 30 days after the date of enactment of this Act, the Secretary shall certify to the appropriate congressional committees that the following requirements are satisfied: (A) Access to certain information and documents.-- The Bank and the Fund have given the Comptroller General access to information and documents of the Bank and the Fund necessary in order for the Comptroller General to audit and monitor the operations of such institutions. The Secretary shall consult with the Comptroller General prior to making a certification under this subparagraph. (B) Implementation by the bank of certain policies.--The Bank is implementing-- (i) policies providing for the suspension of a loan if funds are being diverted for purposes other than the purpose for which the loan was intended; (ii) policies seeking to prevent loans from displacing private sector financing; (iii) policies requiring that loans other than project loans must be disbursed-- (I) on the basis of specific prior reforms; or (II) incrementally upon implementation of specific reforms after initial disbursement; (iv) policies seeking to minimize the number of projects receiving financing that would displace a population involuntarily or be to the detriment of the people or culture of the area into which the displaced population is to be moved; (v) policies vigorously promoting open markets and liberalization of trade in goods and services; (vi) policies providing that financing by the Bank concentrates chiefly on projects and programs that promote economic and social progress rather than short-term liquidity financing; and (vii) policies providing for the establishment of appropriate qualitative and quantitative indicators to measure progress toward graduation from receiving financing on concessionary terms, including an estimated timetable by which countries may graduate over the next 15 years. (C) Implementation by the fund of certain policies.--The Fund is implementing-- (i) policies providing for the suspension of a financing if funds are being diverted for purposes other than the purpose for which the financing was intended; (ii) policies seeking to ensure that financing by the Fund normally serves as a catalyst for private sector financing and does not displace such financing; (iii) policies requiring that financing must be disbursed-- (I) on the basis of specific prior reforms; or (II) incrementally upon implementation of specific reforms after initial disbursement; (iv) policies vigorously promoting open markets and liberalization of trade in goods and services; (v) policies providing that financing by the Fund concentrates chiefly on short-term balance of payments financing; and (vi) policies providing for the use, in conjunction with the Bank, of appropriate qualitative and quantitative indicators to measure progress toward graduation from receiving financing on concessionary terms, including an estimated timetable by which countries may graduate over the next 15 years. (2) Exception.--In the event that the Secretary cannot certify that the Comptroller General has obtained the access described in paragraph (1)(A) to information and documents, or that a policy described in paragraph (1)(B) or (1)(C) is being implemented, the Secretary shall, not later than 30 days after the date of enactment of this Act, submit a report to the appropriate congressional committees on the progress, if any, made by the Bank and the Fund in providing such access to the Comptroller General, or in adopting and implementing such policy, as the case may be. (3) Subsequent reporting on denial of access.-- (A) Report required.--In the event that the Comptroller General is denied the access described in paragraph (1)(A) to information and documents of the Bank or the Fund on or after the date specified in subparagraph (B), the Comptroller General shall submit a report to the appropriate congressional committees and the Secretary notifying the committees and the Secretary of such fact. (B) Date of submission of report.--The date specified in this subparagraph is the earlier of-- (i) the date a certification is made under paragraph (1) or, if a certification cannot be made, the date on which a report is submitted under paragraph (2); or (ii) the date that is 30 days after the date of enactment of this Act. SEC. 3. STRENGTHENING PROCEDURES FOR MONITORING USE OF FUNDS BY MULTILATERAL DEVELOPMENT BANKS. (a) In General.--The Secretary shall instruct the United States Executive Director of each multilateral development bank to exert the influence of the United States to strengthen the bank's procedures and management controls intended to ensure that funds disbursed by the bank to borrowing countries are used as intended and in a manner that complies with the conditions of the bank's loan to that country. (b) Information to Appropriate Committees.--Upon the request of the chairman or ranking minority member of an appropriate congressional committee, the Secretary shall obtain from the bank and make available to such committee, on a confidential basis if necessary, data existing at the time of the request concerning the objectives described in subsection (a). In the event the Secretary is unable to obtain such existing data within 30 days of such request, the Secretary shall submit, within an additional period of 30 days, a report to the appropriate congressional committees setting forth the reasons for the failure to obtain such data. (c) Progress Evaluation.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report evaluating the progress made toward achieving the objectives of subsection (a), including a description of-- (1) any progress made in improving the supervision, monitoring, and auditing of programs and projects supported by each multilateral development bank, in order to identify and reduce bribery and corruption; (2) any progress made in developing each multilateral development bank's priorities for allocating anticorruption assistance; (3) country-specific anticorruption programs supported by each multilateral development bank; (4) actions taken to identify and discipline multilateral development bank employees suspected of knowingly being involved in corrupt activities; and (5) the outcome of efforts to harmonize procurement practices across all multilateral development banks. SEC. 4. REPORTS ON POLICIES, OPERATIONS, AND MANAGEMENT OF INTERNATIONAL FINANCIAL INSTITUTIONS. (a) Annual Report on Financial Operations.--Beginning 180 days after the date of enactment of this Act, or October 31, 2000, whichever is later, and on October 31 of each year thereafter, the Comptroller General shall submit to the appropriate congressional committees a report on the sufficiency of audits of the financial operations of each multilateral development bank conducted by persons or entities outside such bank. (b) Annual Report on United States Supported Policies.--Beginning 180 days after the date of enactment of this Act, or October 31, 2000, whichever is later, and on October 31 of each year thereafter, the Secretary shall submit a report to the appropriate congressional committees on-- (1) the actions taken by recipient countries, as a result of the assistance allocated to them by the multilateral development banks under programs referred to in section 3(c)(1), to strengthen governance and reduce the opportunity for bribery and corruption; and (2) how International Development Association-financed projects contribute to the eventual graduation of a representative sample of countries from reliance on financing on concessionary terms and international development assistance. (c) Amendment of Report on Fund.--Section 1705(a) of the International Financial Institutions Act (22 U.S.C. 262r-4(a)) is amended-- (1) by inserting ``(1)'' before ``the progress''; and (2) by inserting before the period at the end the following: ``, and (2) the progress made by the International Monetary Fund in adopting and implementing the policies described in section 3(c)(1)(C) of the International Debt Forgiveness and International Financial Institutions Reform Act of 2000''. (d) Report on Debt Relief.--Not later than 90 days after the date of enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees on the history of debt relief programs led by, or coordinated with, international financial institutions, including but not limited to-- (1) the extent to which poor countries and the poorest-of- the-poor benefit from debt relief, including measurable evidence of any such benefits; and (2) the extent to which debt relief contributes to the graduation of a country from reliance on financing on concessionary terms and international development assistance. (e) Report on Operating Expenses.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit a report to the appropriate congressional committees describing the salaries, benefits, and operating expense account of each international financial institution for the preceding fiscal year. SEC. 5. REPEAL OF BILATERAL FUNDING FOR INTERNATIONAL FINANCIAL INSTITUTIONS. Section 209(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2169(d); relating to bilateral funding for international financial institutions) is repealed. SEC. 6. DEFINITIONS. In this title: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations and the Committee on Appropriations of the Senate, and the Committee on Banking and Financial Services and the Committee on Appropriations of the House of Representatives. (2) Bank.--The term ``Bank'' means the International Bank for Reconstruction and Development. (3) Comptroller general.--The term ``Comptroller General'' means the Comptroller General of the United States. (4) Fund.--The term ``Fund'' means the International Monetary Fund. (5) International financial institutions.--The term ``international financial institutions'' means the multilateral development banks and the International Monetary Fund. (6) Multilateral development banks.--The term ``multilateral development banks'' means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the Asian Development Bank, the Inter-American Investment Corporation, the African Development Bank, the African Development Fund, the European Bank for Reconstruction and Development, and the Multilateral Investment Guaranty Agency. (7) Secretary.--The term ``Secretary'' means the Secretary of the Treasury.

Directs the Secretary of the Treasury to instruct the U.S. Executive Director of each multilateral development bank to exert U.S. influence to strengthen each bank's procedures and management controls to ensure that funds disbursed by it to borrowing countries are used as intended and in a manner that complies with the conditions of the bank's loan to such country. Directs the Comptroller General to report annually to the appropriate congressional committees on the sufficiency of audits of the financial operations of each multilateral development bank conducted by persons or entities outside of such bank. Amends the Foreign Assistance Act of 1961 to repeal the President's discretionary authority to transfer certain funds to certain international financial institutions for the purpose of bilateral funding.

International Debt Forgiveness and International Financial Institutions Reform Act of 2000