FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Trade Enforcement Effectiveness Act''. SEC. 2. CONSEQUENCES OF FAILURE TO COOPERATE WITH A REQUEST FOR INFORMATION IN A PROCEEDING. Section 776 of the Tariff Act of 1930 (19 U.S.C. 1677e) is amended-- (1) in subsection (b)-- (A) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right; (B) by striking ``Adverse Inferences.--If'' and inserting the following: ``Adverse Inferences.-- ``(1) In general.--If''; (C) by striking ``under this title, may use'' and inserting the following: ``under this title-- ``(A) may use''; and (D) by striking ``facts otherwise available. Such adverse inference may include'' and inserting the following: ``facts otherwise available; and ``(B) is not required to determine, or make any adjustments to, a countervailable subsidy rate or weighted average dumping margin based on any assumptions about information the interested party would have provided if the interested party had complied with the request for information. ``(2) Potential sources of information for adverse inferences.--An adverse inference under paragraph (1)(A) may include''; (2) in subsection (c)-- (A) by striking ``Corroboration of Secondary Information.--When the'' and inserting the following: ``Corroboration of Secondary Information.-- ``(1) In general.--Except as provided in paragraph (2), when the''; and (B) by adding at the end the following: ``(2) Exception.--The administrative authority and the Commission shall not be required to corroborate any dumping margin or countervailing duty applied in a separate segment of the same proceeding.''; and (3) by adding at the end the following: ``(d) Subsidy Rates and Dumping Margins in Adverse Inference Determinations.-- ``(1) In general.--If the administering authority uses an inference that is adverse to the interests of a party under subsection (b)(1)(A) in selecting among the facts otherwise available, the administering authority may-- ``(A) in the case of a countervailing duty proceeding-- ``(i) use a countervailable subsidy rate applied for the same or similar program in a countervailing duty proceeding involving the same country, or ``(ii) if there is no same or similar program, use a countervailable subsidy rate for a subsidy program from a proceeding that the administering authority considers reasonable to use, and ``(B) in the case of an antidumping duty proceeding, use any dumping margin from any segment of the proceeding under the applicable antidumping order. ``(2) Discretion to apply highest rate.--In carrying out paragraph (1), the administering authority may apply any of the countervailable subsidy rates or dumping margins specified under that paragraph, including the highest such rate or margin, based on the evaluation by the administering authority of the situation that resulted in the administering authority using an adverse inference in selecting among the facts otherwise available. ``(3) No obligation to make certain estimates or address certain claims.--If the administering authority uses an adverse inference under subsection (b)(1)(A) in selecting among the facts otherwise available, the administering authority is not required, for purposes of subsection (c) or for any other purpose-- ``(A) to estimate what the countervailable subsidy rate or dumping margin would have been if the interested party found to have failed to cooperate under subsection (b)(1) had cooperated, or ``(B) to demonstrate that the countervailable subsidy rate or dumping margin used by the administering authority reflects an alleged commercial reality of the interested party.''. SEC. 3. DEFINITION OF MATERIAL INJURY. (a) Effect of Profitability of Domestic Industries.--Section 771(7) of the Tariff Act of 1930 (19 U.S.C. 1677(7)) is amended by adding at the end the following: ``(J) Effect of profitability.--The Commission shall not determine that there is no material injury or threat of material injury to an industry in the United States merely because that industry is profitable or because the performance of that industry has recently improved.''. (b) Evaluation of Impact on Domestic Industry in Determination of Material Injury.--Subclause (I) of section 771(7)(C)(iii) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iii)) is amended to read as follows: ``(I) actual and potential decline in output, sales, market share, gross profits, operating profits, net profits, ability to service debt, productivity, return on investments, return on assets, and utilization of capacity,''. (c) Captive Production.--Section 771(7)(C)(iv) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iv)) is amended-- (1) in subclause (I), by striking the comma and inserting ``, and''; (2) in subclause (II), by striking ``, and'' and inserting a comma; and (3) by striking subclause (III). SEC. 4. PARTICULAR MARKET SITUATION. (a) Definition of Ordinary Course of Trade.--Section 771(15) of the Tariff Act of 1930 (19 U.S.C. 1677(15)) is amended by adding at the end the following: ``(C) Situations in which the administering authority determines that the particular market situation prevents a proper comparison with the export price or constructed export price.''. (b) Definition of Normal Value.--Section 773(a)(1)(B)(ii)(III) of the Tariff Act of 1930 (19 U.S.C. 1677b(a)(1)(B)(ii)(III)) is amended by striking ``in such other country.''. (c) Definition of Constructed Value.--Section 773(e) of the Tariff Act of 1930 (19 U.S.C. 1677b(e)) is amended-- (1) in paragraph (1), by striking ``business'' and inserting ``trade''; and (2) by striking the flush text at the end and inserting the following: ``For purposes of paragraph (1), if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology. For purposes of paragraph (1), the cost of materials shall be determined without regard to any internal tax in the exporting country imposed on such materials or their disposition that is remitted or refunded upon exportation of the subject merchandise produced from such materials.''. SEC. 5. DISTORTION OF PRICES OR COSTS. (a) Investigation of Below-Cost Sales.--Section 773(b)(2) of the Tariff Act of 1930 (19 U.S.C. 1677b(b)(2)) is amended by striking subparagraph (A) and inserting the following: ``(A) Reasonable grounds to believe or suspect.-- ``(i) Review.--In a review conducted under section 751 involving a specific exporter, there are reasonable grounds to believe or suspect that sales of the foreign like product have been made at prices that are less than the cost of production of the product if the administering authority disregarded some or all of the exporter's sales pursuant to paragraph (1) in the investigation or, if a review has been completed, in the most recently completed review. ``(ii) Requests for information.--In an investigation initiated under section 732 or a review conducted under section 751, the administering authority shall request information necessary to calculate the constructed value and cost of production under subsections (e) and (f) to determine whether there are reasonable grounds to believe or suspect that sales of the foreign like product have been made at prices that represent less than the cost of production of the product.''. (b) Prices and Costs in Nonmarket Economies.--Section 773(c) of the Tariff Act of 1930 (19 U.S.C. 1677b(c)) is amended by adding at the end the following: ``(5) Discretion to disregard certain price or cost values.--In valuing the factors of production under paragraph (1) for the subject merchandise, the administering authority may disregard price or cost values without further investigation if the administering authority has determined that broadly available export subsidies existed or particular instances of subsidization occurred with respect to those price or cost values or if those price or cost values were subject to an antidumping order.''. SEC. 6. REDUCTION IN BURDEN ON DEPARTMENT OF COMMERCE BY REDUCING THE NUMBER OF VOLUNTARY RESPONDENTS. Section 782(a) of the Tariff Act of 1930 (19 U.S.C. 1677m(a)) is amended-- (1) in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by moving such clauses, as so redesignated, 2 ems to the right; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right; (3) by striking ``Investigations and Reviews.--In'' and inserting the following: ``Investigations and Reviews.-- ``(1) In general.--In''; (4) in paragraph (1), as designated by paragraph (3), by amending subparagraph (B), as redesignated by paragraph (2), to read as follows: ``(B) the number of exporters or producers subject to the investigation or review is not so large that any additional individual examination of such exporters or producers would be unduly burdensome to the administering authority and inhibit the timely completion of the investigation or review.''; and (5) by adding at the end the following: ``(2) Determination of unduly burdensome.--In determining if an individual examination under paragraph (1)(B) would be unduly burdensome, the administering authority may consider the following: ``(A) The complexity of the issues or information presented in the proceeding, including questionnaires and any responses thereto. ``(B) Any prior experience of the administering authority in the same or similar proceeding. ``(C) The total number of investigations under subtitle A or B and reviews under section 751 being conducted by the administering authority as of the date of the determination. ``(D) Such other factors relating to the timely completion of each such investigation and review as the administering authority considers appropriate.''. SEC. 7. APPLICATION TO CANADA AND MEXICO. Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3438), the amendments made by this Act shall apply with respect to goods from Canada and Mexico.

American Trade Enforcement Effectiveness Act This bill amends the Tariff Act of 1930 with respect to the administration and enforcement of antidumping (AD) and countervailing duty (CVD) orders. Neither the administering authority (the Secretary of Commerce, or another U.S. officer given the responsibility by law) nor the U.S. International Trade Commission (USITC), as the case may be, is required to determine, or make any adjustments to, a countervailable subsidy rate or weighted average dumping margin based on any assumptions about information the interested party would have provided if it had complied with a request for information. The USITC shall not determine that there is no material injury or threat of material injury to a domestic industry from imports merely because that industry is profitable or its performance has recently improved. This bill includes gross profits, operating profits, net profits, and ability to service debt among the relevant economic factors the USITC must evaluate in examining the impact of imports of merchandise on a domestic industry in material injury determinations. The administering authority may use another calculation methodology than the ordinary one in determining the constructed value of subject merchandise being imported at less than fair value if a particular market situation exists where the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost production in the ordinary course of trade. This bill revises requirements regarding administering authority determinations as to whether there are reasonable grounds to believe or suspect that a foreign like product is being sold at less than cost of production in AD investigations or reviews. The administering authority in making its determinations, however, shall request information necessary to calculate the constructed value and cost of production of subject merchandise in such investigations or reviews. The administering authority, in valuing the factors of production to determine the normal value of merchandise exported from a nonmarket economy country, may disregard price or cost values without further investigation if it determines that broadly available export subsidies existed or instances of subsidization occurred with respect to those price or cost values or if they were subject to an AD order. Certain factors are specified for the administering authority to consider when deciding whether it would be unduly burdensome in CVD or AD investigations and reviews to examine voluntary responses from exporters or producers which are not the subjects of the investigation or review.

American Trade Enforcement Effectiveness Act

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

Russian Fissile Materials Disposition Loan Guarantee Act of 2001 - Authorizes the Secretary of Energy, with the President's approval, to guarantee loans (principal and up to three percent per year on interest) made to the Government of the Russian Federation (GRF) for: (1) retirement of the sovereign debt of the Russian Federation; and (2) nuclear nonproliferation programs and activities. Sets forth certain guaranteed loan requirements.

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

.--At any time after the Director of OMB issues a final order for a fiscal year, but before the end of the session of Congress in session on the date of the issuance of such order, the majority leader of the House of Representatives may introduce a joint resolution which contains provisions directing the President to modify the most recent final order issued pursuant to this title, or provide an alternative to eliminate the spending excess for such fiscal year or years. After the introduction of the first such joint resolution in either House of Congress in any calendar year, then no other joint resolution introduced pursuant to this section shall be subject to the procedures set forth in this section. (b) Procedures for Consideration of Joint Resolutions.-- (1) Any committee of the House of Representatives to which an alternative spending compliance measure is referred shall report it to the House without amendment not later than the seventh legislative day after the date of its introduction. If a committee fails to report the bill within that period or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, it shall be in order to move that the House discharge the committee from further consideration of the bill. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces his intention to offer the motion. Such a motion shall not be in order after a committee has reported a spending compliance measure with respect to that special message or after the House has disposed of a motion to discharge with respect to that special message. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except twenty minutes of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, the House shall proceed immediately to consider the spending compliance measure bill in accordance with paragraph (3). A motion to reconsider the vote by which the motion is disposed of shall not be in order. (2) After a spending compliance measure is reported or a committee has been discharged from further consideration, or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, it shall be in order to move to proceed to consider the spending compliance measure in the House. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces his intention to offer the motion. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that special message. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) The spending compliance measure shall be considered as read. All points of order against an approval bill and against its consideration are waived. The previous question shall be considered as ordered on an approval bill to its passage without intervening motion except five hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the bill. A motion to reconsider the vote on passage of the bill shall not be in order. (4) A spending compliance measure received from the Senate shall not be referred to committee. (c) Voting.--The vote on final passage of a joint resolution or conference report thereon referred to in paragraph (1) shall require approval of not less than three-fifths of the Members of the House of Representatives. SEC. 709. ALTERNATE SPENDING REDUCTION LEGISLATION IN THE SENATE. (a) Introduction of Joint Resolution.--At any time after OMB issues a final order for a fiscal year, but before the end of the session of Congress in session on the date of the issuance of such order, the majority leader of either House of Congress may introduce a joint resolution which contains provisions directing the President to modify the most recent final order provide an alternative to eliminate the spending excess for such fiscal year or years. After the introduction of the first such joint resolution in either House of Congress in any calendar year, then no other joint resolution introduced in such House in such calendar year shall be subject to the procedures set forth in this section. (b) Procedures for Consideration of Joint Resolutions.-- (1) Referral to committee.--A joint resolution introduced in the Senate under subsection (a) shall not be referred to a committee of the Senate and shall be placed on the calendar pending disposition of such joint resolution in accordance with this subsection. (2) Consideration in the senate.--On or after the third calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after a joint resolution is introduced under subsection (a), notwithstanding any rule or precedent of the Senate, including rule XXII of the Standing Rules of the Senate, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of the joint resolution. The motion is not in order after the eighth calendar day (excluding Saturdays, Sundays, and legal holidays) beginning after a joint resolution (to which the motion applies) is introduced. The joint resolution is privileged in the Senate. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the Senate shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the joint resolution shall remain the unfinished business of the Senate until disposed of. (3) Debate in the senate.-- (A) In the Senate, debate on a joint resolution introduced under subsection (a), amendments thereto, and all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours, which shall be divided equally between the majority leader and the minority leader (or their designees). (B) A motion to postpone, or a motion to proceed to the consideration of other business is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order, and a motion to recommit the joint resolution is not in order. (C)(i) No amendment that is not germane to the provisions of the joint resolution shall be in order in the Senate. In the Senate, an amendment, any amendment to an amendment, or any debatable motion or appeal is debatable for not to exceed 30 minutes to be equally divided between, and controlled by, the mover and the majority leader (or their designees), except that in the event that the majority leader favors the amendment, motion, or appeal, the minority leader (or the minority leader's designee) shall control the time in opposition to the amendment, motion, or appeal. (ii) In the Senate, an amendment that is otherwise in order shall be in order notwithstanding the fact that it amends the joint resolution in more than one place or amends language previously amended. It shall not be in order in the Senate to vote on the question of agreeing to such a joint resolution or any amendment thereto unless the figures then contained in such joint resolution or amendment are mathematically consistent. (4) Vote on final passage.--Immediately following the conclusion of the debate on a joint resolution introduced under subsection (a), a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, and the disposition of any pending amendments under paragraph (3), the vote on final passage of the joint resolution shall occur. (5) Appeals.--Appeals from the decisions of the Chair shall be decided without debate. (6) Conference reports.--In the Senate, points of order under titles III and IV of the Congressional Budget Act of 1974 are applicable to a conference report on the joint resolution or any amendments in disagreement thereto. (7) Resolution from other house.--If, before the passage by the Senate of a joint resolution of the Senate introduced under subsection (a), the Senate receives from the House of Representatives a joint resolution introduced under subsection (a), then the following procedures shall apply: (A) The joint resolution of the House of Representatives shall not be referred to a committee and shall be placed on the calendar. (B) With respect to a joint resolution introduced under subsection (a) in the Senate-- (i) the procedure in the Senate shall be the same as if no joint resolution had been received from the House; but (ii)(I) the vote on final passage shall be on the joint resolution of the House if it is identical to the joint resolution then pending for passage in the Senate; or (II) if the joint resolution from the House is not identical to the joint resolution then pending for passage in the Senate and the Senate then passes the Senate joint resolution, the Senate shall be considered to have passed the House joint resolution as amended by the text of the Senate joint resolution. (C) Upon disposition of the joint resolution received from the House, it shall no longer be in order to consider the resolution originated in the Senate. (8) Senate action on house resolution.--If the Senate receives from the House of Representatives a joint resolution introduced pursuant to this section after the Senate has disposed of a Senate originated resolution which is identical to the House passed joint resolution, the action of the Senate with regard to the disposition of the Senate originated joint resolution shall be deemed to be the action of the Senate with regard to the House originated joint resolution. If it is not identical to the House passed joint resolution, then the Senate shall be considered to have passed the joint resolution of the House as amended by the text of the Senate joint resolution. (9) The vote on final passage of a joint resolution or conference report thereon referred to in paragraph (1) shall require approval of not less than three-fifths of the Members of the Senate. SEC. 710. GENERAL PROVISIONS. (a) Low Growth Report.--OMB and CBO shall notify the Congress if-- (1) during the period consisting of the quarter during which such notification is given, the quarter preceding such notification, and the 4 quarters following such notification, OMB or CBO has determined that real economic growth is projected or estimated to be less than zero with respect to each of any 2 consecutive quarters within such period; or (2) the most recent of the Department of Commerce's advance preliminary or final reports of actual real economic growth indicate that the rate of real economic growth for each of the most recently reported quarter and the immediately preceding quarter is less than one percent. (b) Economic and Technical Assumptions.--For all purposes of this title, OMB shall use the same economic and technical assumptions as used in the most recent budget submitted under section 1105(a) of title 31, United States Code. (c) Social Security Trustee Report.--The Trustees of the Social Security Administration shall annually issue a report consistent with section 708(c) and OMB shall include such report in a final order and a preview order. (d) Congressional Spending Limit.--(1) The Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end of title III the following new section: ``SEC. 316 AGGREGATE SPENDING LIMITS. ``It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause an excess spending amount, as defined in section 701(c)(16) of the Budget Control Act of 2008.''. (2) The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Aggregate spending limits.''. (e) Congressional Revenue Limits.--(1) The Congressional Budget Act of 1974 (as amended by subsection (d)) is further amended by adding at the end of title III the following new section: ``SEC. 317. TAX RATE LIMITS. ``It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause aggregate Federal revenue levels, in any fiscal year, to exceed the percentage of revenue relative to the Gross Domestic Product set forth in subsection (b) unless so determined by a vote of not less than three-fifths of the Members voting, a quorum being present.''. (2) The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 316 the following new item: ``Sec. 317. Tax rate limits.''. (f) Fiscal Years of the Guideline Period.--The fiscal years within the 75-year period referred to as a guideline period in this title shall be as follows: (1) Fiscal year 2009: 19.9 percent. (2) Fiscal year 2010: 19.8 percent. (3) Fiscal year 2011: 20.0 percent. (4) Fiscal year 2012: 20.1 percent. (5) Fiscal year 2013: 20.2 percent. (6) Fiscal year 2014: 20.1 percent. (7) Fiscal year 2015: 20.1 percent. (8) Fiscal year 2016: 20.2 percent. (9) Fiscal year 2017: 20.3 percent. (10) Fiscal year 2018: 20.4 percent. (11) Fiscal year 2019: 20.5 percent. (12) Fiscal year 2020: 20.7 percent. (13) Fiscal year 2021: 21.5 percent. (14) Fiscal year 2022: 21.7 percent. (15) Fiscal year 2023: 22.0 percent. (16) Fiscal year 2024: 22.3 percent. (17) Fiscal year 2025: 22.5 percent. (18) Fiscal year 2026: 22.3 percent. (19) Fiscal year 2027: 22.6 percent. (20) Fiscal year 2028: 22.9 percent. (21) Fiscal year 2029: 23.1 percent. (22) Fiscal year 2030: 23.2 percent. (23) Fiscal year 2031: 23.9 percent. (24) Fiscal year 2032: 23.9 percent. (25) Fiscal year 2033: 23.9 percent. (26) Fiscal year 2034: 23.9 percent. (27) Fiscal year 2035: 24.0 percent. (28) Fiscal year 2036: 24.2 percent. (29) Fiscal year 2037: 24.2 percent. (30) Fiscal year 2038: 24.3 percent. (31) Fiscal year 2039: 24.1 percent. (32) Fiscal year 2040: 24.1 percent. (33) Fiscal year 2041: 24.7 percent. (34) Fiscal year 2042: 24.5 percent. (35) Fiscal year 2043: 24.5 percent. (36) Fiscal year 2044: 24.4 percent. (37) Fiscal year 2045: 24.3 percent. (38) Fiscal year 2046: 24.2 percent. (39) Fiscal year 2047: 24.2 percent. (40) Fiscal year 2048: 24.0 percent. (41) Fiscal year 2049: 24.0 percent. (42) Fiscal year 2050: 24.0 percent. (43) Fiscal year 2051: 23.8 percent. (44) Fiscal year 2052: 23.6 percent. (45) Fiscal year 2053: 23.4 percent. (46) Fiscal year 2054: 23.3 percent. (47) Fiscal year 2055: 23.2 percent. (48) Fiscal year 2056: 23.0 percent. (49) Fiscal year 2057: 22.9 percent. (50) Fiscal year 2058: 22.7 percent. (51) Fiscal year 2059: 22.7 percent. (52) Fiscal year 2060: 22.4 percent. (53) Fiscal year 2061: 22.2 percent. (54) Fiscal year 2062: 22.0 percent. (55) Fiscal year 2063: 21.8 percent. (56) Fiscal year 2064: 21.7 percent. (57) Fiscal year 2065: 21.5 percent. (58) Fiscal year 2066: 21.2 percent. (59) Fiscal year 2067: 20.8 percent. (60) Fiscal year 2068: 20.5 percent. (61) Fiscal year 2069: 20.1 percent. (62) Fiscal year 2070: 19.9 percent. (63) Fiscal year 2071: 19.7 percent. (64) Fiscal year 2072: 19.6 percent. (65) Fiscal year 2073: 19.4 percent. (66) Fiscal year 2074: 19.2 percent. (67) Fiscal year 2075: 18.9 percent. (68) Fiscal year 2076: 18.5 percent. (69) Fiscal year 2077: 18.0 percent. (70) Fiscal year 2078: 17.5 percent. (71) Fiscal year 2079: 17.3 percent. (72) Fiscal year 2080: 16.9 percent. (73) Fiscal year 2081: 16.5 percent. (74) Fiscal year 2082: 16.0 percent. (75) Fiscal year 2083: 16.0 percent. SEC. 711. EFFECTIVE DATE. This title shall apply to fiscal year 2009 and subsequent fiscal years.

Roadmap for America's Future Act of 2008 - Amends the Internal Revenue Code to allow a refundable tax credit for health insurance coverage. Amends the Public Health Service Act to apply the laws of a health insurance issuer's primary state to individual health insurance coverage offered by the issuer in a secondary state. Amends the Employee Retirement Income Security Act of 1974 to set forth rules governing association health plans. Establishes the Health Care Services Commission to enhance health care services and access to them, and the Office of the Forum for Quality and Effectiveness in Health Care. Terminates the Agency for Healthcare Research and Quality. Independent Health Record Trust Act of 2008 - Directs the Federal Trade Commission to prescribe standards for independent health record trusts (IHRTs) in a nationwide health information technology network. Revises title XIX (Medicaid) of the Social Security Act (SSA) to: (2) require states to elect either a block grant for acute care services or implement a refundable tax credit for the Medicaid population for such services; (2) phase-out disproportionate share hospital (DSH) payments; and (3) establish a block grant to states for long-term care services. Abolishes SSA title XXI (State Children's Health Insurance Program) (SCHIP), effective January 1, 2010. Amends SSA title XVIII (Medicare) to create a program for new beneficiaries beginning in 2019, increasing the Medicare eligibility age to 65, and making an income-related reduction in the part D (Voluntary Prescription Drug Benefit Program) premium subsidy. Social Security Personal Savings Guarantee and Prosperity Act of 2008 - Amends SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) to establish a Personal Social Security Savings Program, under which participating individuals will have their Social Security contributions directed to personal Social Security savings accounts. Establishes a Self-Liquidating Social Security Transition Fund. Amends the Internal Revenue Code to exempt certain account investments from taxation. Provides for the creation of a Social Security Lockbox Budget. Revises part A benefits. Provides for phase-in of normal retirement age to 67 by 2021. Taxpayer Choice Act of 2008 - Amends the Internal Revenue Code to: (1) repeal the alternative minimum tax on individual taxpayers after 2006; and (2) allow taxpayers to elect an alternative income tax system without tax credits. Makes permanent the capital gains and dividends rate reductions enacted by the Jobs and Growth Tax Relief Reconciliation Act of 2001. Excludes from gross income net capital gains, qualified dividends, and interest. Repeals estate and gift taxes. Competitive American Business Tax - Amends the Internal Revenue Code to: (1) repeal the corporate income tax; and (2) impose a tax on the sale of property in the United States, the performance of services in the United States, and the importing of property into the United States by a taxable person in a transaction engaged in by a corporation or any other person (other than a corporation) in connection with a business. Allows as a credit against such tax any tax paid by sellers to the taxpayer of property and services which the taxpayer uses in the business to which the transaction relates. Exempts certain organizations and transactions from such new tax. Budget Control Act of 2008 - Establishes a mechanism for issuance by the President and the Office of Management and Budget (OMB) of spending reduction orders. Exempts Social Security benefits and obligated balances from such orders. Provides for suspension of such mechanism in the event of war or low-growth. Authorizes the majority leader of either House of Congress to introduce a joint resolution to direct the President to modify a final spending reduction order or provide an alternative to eliminate the spending excess for a fiscal year. Amends the Congressional Budget Act to make it out of order for the House or Senate to consider any legislation that would cause: (1) an excess spending amount; or (2) aggregate federal revenue levels exceeding a specified percentage of revenue relative to the Gross Domestic Product, unless so determined by a vote of at least three-fifths of the Members voting, a quorum being present.

To provide for the reform of health care, the Social Security system, the tax code for individuals and business, and the budget process.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Shoshone Claims Distribution Act''. SEC. 2. DISTRIBUTION OF DOCKET 326-K FUNDS. The funds appropriated in satisfaction of the judgment award granted to the Western Shoshone Indians in Docket Number 326-K before the Indian Claims Commission, including all earned interest, shall be distributed as follows: (1) Judgment roll.--The Secretary shall establish a Western Shoshone Judgment Roll consisting of all Western Shoshones who-- (A) have at least \1/4\ degree of Western Shoshone Blood; (B) are citizens of the United States; and (C) are living on the date of enactment of this Act. (2) Certain individuals ineligible.--Any individual determined or certified as eligible by the Secretary to receive a per capita payment from any other judgment fund awarded by the Indian Claims Commission, the United States Claims Court, or the United States Court of Federal Claims, that was appropriated on or before the date of enactment of this Act, shall not be eligible for enrollment under this Act. (3) Publication of roll.--The Secretary shall publish in the Federal Register rules and regulations governing the establishment of the Western Shoshone Judgment Roll and shall use any documents acceptable to the Secretary in establishing proof of eligibility. The Secretary's determination on all applications for enrollment under this paragraph shall be final. (4) Per capita payments.--Upon completing the Western Shoshone Judgment Roll under paragraph (1), the Secretary shall make a per capita distribution of 100 percent of the funds described in this section, in a sum as equal as possible, to each person listed on the roll. (5) Conditions of per capita payments.--(A) With respect to the distribution of funds under this section, the per capita shares of living competent adults who have reached the age of 19 years on the date of the distribution provided for under paragraph (4), shall be paid directly to them. (B) The per capita shares of deceased individuals shall be distributed to their heirs and legatees in accordance with regulations prescribed by the Secretary. (C) The shares of legally incompetent individuals shall be administered pursuant to regulations and procedures established by the Secretary under section 3(b)(3) of Public Law 93-134 (25 U.S.C. 1403(b)(3)). (D) The shares of minors and individuals who are under the age of 19 years on the date of the distribution provided for under paragraph (4) shall be held by the Secretary in supervised individual Indian money accounts. The funds from such accounts shall be disbursed over a period of 4 years in payments equaling 25 percent of the principal, plus the interest earned on that portion of the per capita share. The first payment shall be disbursed to individuals who have reached the age of 18 years if such individuals are deemed legally competent. Subsequent payments shall be disbursed within 90 days of the individual's following 3 birthdays. (6) Applicable law.--All funds distributed under this Act are subject to the provisions of section 7 of Public Law 93-134 (25 U.S.C. 1407). (7) Unpaid amounts.--All per capita shares belonging to living competent adults certified as eligible to share in the judgment fund distribution under this section, and the interest earned on those shares, that remain unpaid for a period of 6 years shall be added to the principal funds that are held and invested in accordance with section 3, except that in the case of a minor, such 6-year period shall not begin to run until the minor reaches the age of majority. (8) Residual amounts.--Any other residual principal and interest funds remaining after the distribution under paragraph (4) is complete shall be added to the principal funds that are held and invested in accordance with section 3. (9) Not a waiver of treaty rights.--Receipt of a share of the judgment funds under this section shall not be construed as a waiver of any existing treaty rights pursuant to the ``1863 Treaty of Ruby Valley'', inclusive of all Articles I through VIII, and shall not prevent any Western Shoshone Tribe or Band or individual Shoshone Indian from pursuing other rights guaranteed by law. SEC. 3. DISTRIBUTION OF DOCKETS 326-A-1 AND 326-A-3. The funds appropriated in satisfaction of the judgment awards granted to the Western Shoshone Indians in Docket Numbers 326-A-1 and 326-A-3 before the United States Court of Claims, and the funds referred to under paragraphs (7) and (8) of section 2, together with all earned interest, shall be distributed as follows: (1) Establishment of trust fund.--(A) Not later than 120 days after the date of enactment of this Act, the Secretary shall establish in the Treasury of the United States a trust fund to be known as the ``Western Shoshone Educational Trust Fund'' for the benefit of the Western Shoshone members. There shall be credited to the Trust Fund the funds described in the matter preceding this paragraph. (B) The principal in the Trust Fund shall not be expended or disbursed. The Trust Fund shall be invested as provided for in section 1 of the Act of June 24, 1938 (25 U.S.C. 162a). (C)(i) All accumulated and future interest and income from the Trust Fund shall be distributed, subject to clause (ii)-- (I) as educational grants and as other forms of educational assistance determined appropriate by the Administrative Committee established under paragraph (2) to individual Western Shoshone members as required under this Act; and (II) to pay the reasonable and necessary expenses of such Administrative Committee (as defined in the written rules and procedures of such Committee). (ii) Funds shall not be distributed under this paragraph on a per capita basis. (2) Administrative committee.--(A) An Administrative Committee to oversee the distribution of the educational grants and assistance authorized under paragraph (1)(C) shall be established as provided for in this paragraph. (B) The Administrative Committee shall consist of 1 representative from each of the following organizations: (i) The Te-Moak Tribes of Western Shoshone Indians. (ii) The Duckwater Shoshone Tribe. (iii) The Yomba Shoshone Tribe. (iv) The Ely Shoshone Tribe. (v) The Western Shoshone Business Council of the Duck Valley Reservation. (vi) The Fallon Band of Western Shoshone. (vii) The at-large community. (C) Each member of the Committee shall serve for a term of 4 years. If a vacancy remains unfilled in the membership of the Committee for a period in excess of 60 days, the Committee shall appoint a replacement from among qualified members of the organization for which the replacement is being made and such member shall serve until the organization to be represented designates a replacement. (D) The Secretary shall consult with the Committee on the management and investment of the funds subject to distribution under this section. (E) The Committee shall have the authority to disburse the accumulated interest fund under this Act in accordance with the terms of this Act. The Committee shall be responsible for ensuring that the funds provided through grants and assistance under paragraph (1)(C) are utilized in a manner consistent with the terms of this Act. In accordance with paragraph (1)(C)(i)(II), the Committee may use a portion of the interest funds to pay all of the reasonable and necessary expenses of the Committee, including per diem rates for attendance at meetings that are the same as those paid to Federal employees in the same geographic location. (F) The Committee shall develop written rules and procedures that include such matters as operating procedures, rules of conduct, eligibility criteria for receipt of educational grants or assistance (such criteria to be consistent with this Act), application selection procedures, appeal procedures, fund disbursement procedures, and fund recoupment procedures. Such rules and procedures shall be subject to the approval of the Secretary. A portion of the interest funds in the Trust Fund, not to exceed $100,000, may be used by the Committee to pay the expenses associated with developing such rules and procedures. At the discretion of the Committee, and with the approval of the appropriate tribal governing body, jurisdiction to hear appeals of the Committee's decisions may be exercised by a tribal court, or a court of Indian offenses operated under section 11 of title 25, Code of Federal Regulations. (G) The Committee shall employ an independent certified public accountant to prepare an annual financial statement that includes the operating expenses of the Committee and the total amount of educational grants or assistance disbursed for the fiscal year for which the statement is being prepared under this section. The Committee shall compile a list of names of all individuals approved to receive such grants or assistance during such fiscal year. The financial statement and the list shall be distributed to each organization represented on the Committee and the Secretary and copies shall be made available to the Western Shoshone members upon request. SEC. 4. DEFINITIONS. In this Act the following definitions apply: (1) Administrative committee; committee.--The terms ``Administrative Committee'' and ``Committee'' mean the Administrative Committee established under section 3(2). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Trust fund.--The term ``Trust Fund'' means the Western Shoshone Educational Trust Fund established under section 3(1). (4) Western shoshone members.--The term ``Western Shoshone members'' means an individual who appears on the Western Shoshone Judgment Roll established under section 2(1), or an individual who is the lineal descendant of an individual appearing on the roll, and who-- (A) satisfies all eligibility criteria established by the Administrative Committee under section 3(F); (B) fulfills all application requirements established by the Committee; and (C) agrees to utilize funds distributed in accordance with section 3(1)(C)(i)(I) in a manner approved by the Committee for educational purposes.

Western Shoshone Claims Distribution Act - Provides for the distribution of specified funds appropriated in satisfaction of a judgment award granted to the Western Shoshone Indians in Docket Number 326-K before the Indian Claims Commission to U.S. citizens who have at least 1/4 Western Shoshone blood and who are enrolled on a Western Shoshone Judgment Roll to be established by the Secretary of the Interior.Requires that such funds and specified funds appropriated in satisfaction of the judgment awards granted to such Indians in Docket Numbers 326-A-1 and 326-A-3 before the U.S. Court of Claims be credited to and distributed from a Western Shoshone Educational Trust Fund to be established by the Secretary for educational grants and other forms of educational assistance to individual Western Shoshone members and to pay reasonable and necessary expenses of an Administrative Committee established by this Act to oversee the distribution of such educational grants and assistance.

To provide for the use and distribution of the funds awarded to the Western Shoshone identifiable group under Indian Claims Commission Docket Numbers 326-A-1, 326-A-3, 326-K, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Neutral Cost Recovery Act for Small Business''. SEC. 2. INCREASED EXPENSING FOR SMALL BUSINESS. (a) In General.--Paragraph (1) of section 179(b) of the Internal Revenue Code of 1986 (relating to dollar limitation) is amended to read as follows: ``(1) Dollar limitation.--The aggregate cost which may be taken into account under subsection (a) for any taxable year shall not exceed $75,000. The dollar amount otherwise applicable under the preceding sentence for any taxable year shall be reduced by the basis of property which is placed in service during such year and which is taken into account under section 168(k).''. (b) Increase in Phaseout Threshold.--Paragraph (2) of section 179(b) of such Code (relating to reduction in limitation) is amended by striking ``$200,000'' and inserting ``$325,000''. (c) Certain Computer Software.--Paragraph (1) of section 179(d) of such Code (defining section 179 property) is amended to read as follows: ``(1) Section 179 property.--For purposes of this section, the term `section 179 property' means property-- ``(A) which is-- ``(i) tangible property (to which section 168 applies), or ``(ii) computer software (as defined in section 197(e)(3)(B)) which is described in section 197(e)(3)(A)(i) and to which section 167 applies, ``(B) which is section 1245 property (as defined in section 1245(a)(3)), and ``(C) which is acquired by purchase for use in the active conduct of a trade or business. Such term shall not include any property described in section 50(b) and shall not include air conditioning or heating units.''. (d) Inflation Adjustment of Dollar Limitation and Phaseout Threshold.--Subsection (b) of section 179 of such Code is amended by adding at the end the following new paragraph: ``(5) Inflation adjustments.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2003, the dollar amounts in paragraphs (1) and (2) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2002' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.-- ``(i) Dollar limitation.--If the amount in paragraph (1) as increased under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. ``(ii) Phaseout amount.--If the amount in paragraph (2) as increased under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (e) Revocation of Election.--Paragraph (2) of section 179(c) of such Code (relating to election irrevocable) is amended to read as follows: ``(2) Revocation of election.--The taxpayer may revoke an election under paragraph (1), and any specification contained in any such election, with respect to any property. Such revocation, once made, shall be irrevocable.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 3. NEUTRAL COST RECOVERY DEPRECIATION ADJUSTMENT FOR CERTAIN PROPERTY PLACED IN SERVICE AFTER DECEMBER 31, 2003. (a) In General.--Section 168 of the Internal Revenue Code of 1986 (relating to accelerated cost recovery system) is amended by adding at the end thereof the following new subsection: ``(k) Deduction Adjustment To Allow Equivalent of Expensing for Certain Property Placed in Service After December 31, 2003.-- ``(1) In general.--In the case of property placed in service after December 31, 2003, that the taxpayer would (but for the second sentence of section 179(b)(1)) be eligible to fully expense under section 179, the deduction under this section with respect to such property-- ``(A) shall be determined by substituting `150 percent' for `200 percent' in subsection (b)(1) in the case of property to which the 200 percent declining balance method would otherwise apply, and ``(B) for any taxable year after the taxable year during which the property is placed in service shall be-- ``(i) the amount determined under this section for such taxable year without regard to this subparagraph, multiplied by ``(ii) the applicable neutral cost recovery ratio for such taxable year. ``(2) Applicable neutral cost recovery ratio.--For purposes of paragraph (1)-- ``(A) In general.--The applicable neutral cost recovery ratio for the property for any taxable year is the number determined by-- ``(i) dividing-- ``(I) the gross domestic product deflator for the calendar quarter ending in such taxable year which corresponds to the calendar quarter during which the property was placed in service by the taxpayer, by ``(II) the gross domestic product deflator for the calendar quarter during which the property was placed in service by the taxpayer, and ``(ii) then multiplying the number determined under clause (i) by the number equal to 1.035 to the nth power where `n' is the number of full years in the period beginning on the 1st day of the calendar quarter during which the property was placed in service by the taxpayer and ending on the day before the beginning of the corresponding calendar quarter ending during such taxable year. The applicable neutral cost recovery ratio shall never be less than 1. The applicable neutral cost recovery ratio shall be rounded to the nearest \1/1000\. ``(B) Special rule for certain property.--In the case of property described in paragraph (2) or (3) of subsection (b) or in subsection (g), the applicable neutral cost recovery ratio shall be determined without regard to subparagraph (A)(ii). ``(3) Gross domestic product deflator.--For purposes of paragraph (2), the gross domestic product deflator for any calendar quarter is the implicit price deflator for the gross domestic product for such quarter (as shown in the first revision thereof). ``(4) Election not to have subsection apply.--This subsection shall not apply to any property if the taxpayer elects not to have this subsection apply to such property. Such an election, once made, shall be irrevocable. ``(5) Churning transactions.--This subsection shall not apply to any property if this section would not apply to such property were subsection (f)(5)(A)(ii) applied by substituting `2004' for `1981' and `2003' for `1980'. ``(6) Additional deduction not to affect basis or recapture.-- ``(A) In general.--The additional amount determined under this section by reason of this subsection shall not be taken into account in determining the adjusted basis of any property or of any interest in a pass-thru entity which holds such property and shall not be treated as a deduction for depreciation for purposes of sections 1245 and 1250. ``(B) Pass-thru entity defined.--For purposes of subparagraph (A), the term `pass-thru entity' means-- ``(i) a regulated investment company, ``(ii) a real estate investment trust, ``(iii) an S corporation, ``(iv) a partnership, ``(v) an estate or trust, and ``(vi) a common trust fund.'' (b) Minimum Tax Treatment.-- (1) Paragraph (1) of section 56(a) of such Code is amended by adding at the end thereof the following new subparagraph: ``(E) Use of neutral cost recovery ratio.--In the case of property to which section 168(k) applies and which is placed in service after December 31, 2003, the deduction allowable under this paragraph with respect to such property for any taxable year (after the taxable year during which the property is placed in service) shall be-- ``(i) the amount so allowable for such taxable year without regard to this subparagraph, multiplied by ``(ii) the applicable neutral cost recovery ratio for such taxable year (as determined under section 168(k)). This subparagraph shall not apply to any property with respect to which there is an election in effect not to have section 168(k)) apply.'' (2) Subparagraph (C) of section 56(g)(4) of such Code is amended by adding at the end the following new clause: ``(v) Neutral cost recovery deduction.-- Clause (i) shall not apply to the additional deduction allowable by reason of section 168(k).'' (c) Coordination With Depreciation Limitation on Certain Automobiles.--Clause (i) of section 280F(a)(1)(B) of such Code is amended by adding at the end the following new sentence: ``For purposes of this clause, the unrecovered basis of any passenger automobile shall be treated as including the additional amount determined under section 168 by reason of subsection (k) thereof to the extent not allowed as a deduction by reason of this paragraph for any taxable year in the recovery period.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2003.

Neutral Cost Recovery Act for Small Business - Amends the Internal Revenue Code to: (1) provide for increased expensing for small businesses; and (2) require that the depreciation deduction for certain property placed in service after 2003 be computed using neutral cost recovery ratios.

To amend the Internal Revenue Code of 1986 to increase expensing for small business and to allow small business to elect to determine the deduction for depreciation on a neutral cost recovery basis for property otherwise eligible to be expensed.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Tribal Detention Facility Reform Act of 2004''. SEC. 2. DEFINITIONS. Section 2 of the Indian Law Enforcement Reform Act (25 U.S.C. 2801) is amended to read as follows: ``SEC. 2. DEFINITIONS. ``In this Act: ``(1) Branch of criminal investigations.--The term `Branch of Criminal Investigations' means the entity the Secretary is required to establish within the Division of Law Enforcement Services under section 3(d)(1). ``(2) Branch of detention services.--The term `Branch of Detention Services' means the entity that the Secretary is required to establish within the Division of Law Enforcement Services under section 3(f)(1). ``(3) Bureau.--The term `Bureau' means the Bureau of Indian Affairs of the Department of the Interior. ``(4) Complementary facility.-- ``(A) In general.--The term `complementary facility' means a facility for the provision of additional or necessary services to detainees as a result of their being in custody. ``(B) Inclusion.--The term `complementary facility' includes a detoxification center, protective custody cell, shelter care facility, community treatment center, halfway house, or any similar facility. ``(5) Detainee.--The term `detainee' means an individual who is held in a detention facility for any period of time. ``(6) Detention facility.--The term `detention facility' means a facility for holding of individuals for correctional, intergovernmental, or other custodial purposes that is-- ``(A) operated by the Bureau; or ``(B) operated by an Indian tribe under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). ``(7) Division of law enforcement services.--The term `Division of Law Enforcement Services' means the entity established within the Bureau under section 3(b). ``(8) Employee of the bureau.--The term `employee of the Bureau' includes an officer of the Bureau. ``(9) Enforcement of a law.--The term `enforcement of a law' includes the prevention, detection, and investigation of an offense and the detention or confinement of an offender. ``(10) Indian country.--The term `Indian country' has the meaning given the term in section 1151 of title 18, United States Code. ``(11) Indian tribe.--The term `Indian tribe' has the meaning given the term in section 201 of Public Law 90-284 (commonly known as the `Civil Rights Act of 1968') (25 U.S.C. 1301). ``(12) Offense.--The term `offense' means an offense against the United States, including a violation of a Federal regulation relating to part or all of Indian country. ``(13) Secretary.--The term `Secretary' means the Secretary of the Interior. ``(14) Serious incident.-- ``(A) In general.--The term `serious incident' means an occurrence, event, activity, or other incident that results in-- ``(i) a risk of harm or actual harm to an individual or the community; or ``(ii) serious damage to property. ``(B) Inclusion.--The term `serious incident' includes all incidents relating to detainee deaths or injuries, suicides, attempted suicides, escapes, and officer safety issues.''. SEC. 3. BRANCH OF DETENTION SERVICES. Section 3 of the Indian Law Enforcement Reform Act (25 U.S.C. 2802) is amended-- (1) in subsection (d)(4), by striking ``Area'' each place it appears and inserting ``Regional''; and (2) by adding at the end the following: ``(f) Branch of Detention Services.-- ``(1) Establishment.--The Secretary shall establish within the Division of Law Enforcement Services a separate Branch of Detention Services. ``(2) Duties.--The Branch of Detention Services-- ``(A) except as prohibited by other Federal law, shall be responsible for the detention, confinement, and corrections of offenders within Indian country; ``(B) shall not be primarily responsible for routine law enforcement, criminal investigations, or police operations in Indian country; and ``(C) under an interagency agreement between the Secretary and Attorney General and subject to such guidelines as the appropriate agencies or officials of the Department of Justice may adopt, may be responsible for temporarily detaining individuals for the purpose of Federal prosecution, immigration, or transportation, or any other detention purpose. ``(3) Regulations.--The Secretary shall promulgate regulations establishing a procedure for active cooperation and consultation of the detention services employees of the Branch of Detention Services assigned to an Indian reservation with the governmental, law enforcement, and detention officials of the Indian tribes located on the Indian reservation. ``(4) Personnel.-- ``(A) Supervision and direction.--Personnel of the Branch of Detention Services-- ``(i) shall be subject only to the supervision and direction of the law enforcement personnel or personnel of the Branch of Detention Services or of the Division, as the Secretary considers appropriate; and ``(ii) shall not be subject to the supervision of the Bureau Agency Superintendent or Bureau Regional Director. ``(B) Effect of paragraph.--Nothing in this paragraph-- ``(i) precludes cooperation, coordination, or consultation, as appropriate, with non-law enforcement Bureau personnel at the agency or regional level; or ``(ii) restricts the right of an Indian tribe to contract a detention program under the authority of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or to maintain its own detention operations. ``(C) Reestablishment of authority.-- ``(i) Request.--After the date that is 1 year after the date of establishment of the Branch of Detention Services, any Indian tribe may, by resolution of the governing body of the Indian tribe, request the Secretary to reestablish authority over detention of members of the Indian tribe directly through the Agency Superintendent or Bureau Regional Office Director rather than through the Branch of Detention Services. ``(ii) Approval.--In the absence of good cause to the contrary, the Secretary, on receipt of a resolution under clause (i), shall reestablish the authority as requested by the Indian tribe.''. SEC. 4. FUNDING. Section 9 of the Indian Law Enforcement Reform Act (25 U.S.C. 2808) is amended-- (1) by striking the section heading and all that follows through ``Any expenses'' and inserting the following: ``SEC. 9. FUNDING. ``(a) In General.--Any expenses''; and (2) by adding at the end the following: ``(b) Availability.--Funds made available to carry out this Act shall remain available until expended.''. SEC. 5. DETENTION REFORM AND REVIEW. The Indian Law Enforcement Reform Act is amended by inserting after section 10 (25 U.S.C. 2809) the following: ``SEC. 10A. DETENTION REFORM. ``(a) Findings.--Congress finds that-- ``(1) there are 74 detention facilities in Indian country; ``(2) serious deficiencies in Indian country detention have arisen, including-- ``(A) poor facility conditions; ``(B) lack of staff training; ``(C) understaffing; and ``(D) lack of detention facility administration and other operational standards, or failure to comply with any such standards; ``(3) those deficiencies create a dangerous and potentially life-threatening situation for detainees and detention personnel; ``(4) the April 2004 interim report of the Inspector General of the Department of the Interior found that deaths, escapes, and assaults on correctional officers have occurred at several detention facilities in Indian country as a result of those deficiencies; ``(5) the Division of Law Enforcement Services has responsibility for both law enforcement and detention services, but no clear lines of authority for detention services; ``(6) existing Federal law does not provide clear lines of authority or standards for detention services in Indian country; and ``(7) clear authority and standards are needed to assist detention and law enforcement officials in-- ``(A) meeting the principal goals of Indian country law enforcement and detention; ``(B) protecting life and property; and ``(C) reducing crime and recidivism rates. ``(b) Reporting Protocols for Serious Incidents.-- ``(1) In general.--Not later than 270 days after the date of enactment of the Indian Tribal Detention Facility Reform Act of 2004, the Bureau shall develop and implement protocols to ensure that all serious incidents occurring at a detention facility are reported promptly through an established chain of command. ``(2) Reporting of escapes to law enforcement authorities.--The protocols shall ensure that each incident involving an escape of a detainee from a detention facility is reported immediately to the appropriate Federal, State, tribal, and local law enforcement authorities. ``(3) Preliminary inquiries into serious incidents.-- ``(A) In general.--The Division of Law Enforcement Services shall conduct a preliminary inquiry of any serious incident to determine whether a full investigation is warranted. ``(B) Findings.--All findings made in conducting preliminary inquiries under subparagraph (A) shall be reported to the Division of Law Enforcement Services and the Assistant Secretary of the Interior for Indian Affairs. ``(4) Detention facilities staffing review.--The Bureau shall-- ``(A) not later than 90 days after the date of enactment of the Indian Tribal Detention Facility Reform Act of 2004, conduct a review of the staffing needs at all detention facilities; and ``(B) update that review annually. ``(c) Regulations.--Not later than 1 year after the date of enactment of the Indian Tribal Detention Facility Reform Act of 2004, the Secretary, after consultation with the Attorney General, shall promulgate regulations to carry out subsections (a) and (b). ``(d) Detention Facilities Review.-- ``(1) In general.-- ``(A) Consultation.--Not later than 1 year after the date of enactment of the Indian Tribal Detention Facility Reform Act of 2004, in consultation with Indian tribes to the extent practicable, the Bureau shall complete an assessment of the physical conditions and needs of all detention facilities. ``(B) Report.--Not later than 15 months after the date of enactment of the Indian Tribal Detention Facility Reform Act of 2004, the Bureau shall-- ``(i) submit to the Committee on Indian Affairs and the Committee on Appropriations of the Senate and the Committee on Resources and the Committee on Appropriations of the House of Representatives a report that describes the results of the assessment under subparagraph (A); and ``(ii) make the report available to Indian tribal governments. ``(2) Data and methodologies.--In preparing the report under paragraph (1), the Bureau shall use-- ``(A) the existing Department of Justice Federal Bureau of Prisons formula for determining the condition and adequacy of Department of Justice detention facilities, including operational standards; ``(B) data relating to conditions at detention facilities that have previously been compiled, collected, or secured from any source derived, so long as the data are accurate, relevant, timely, and necessary to preparation of the report; and ``(C) the methodologies of the American Institute of Architects or other accredited and reputable architecture or engineering associations responsible for detention facility construction. ``(3) Contents.--The report shall include-- ``(A) a catalog of the condition of detention facilities that-- ``(i) identifies the existing detention and complementary facilities and any detention and complementary facilities that do not exist but are needed, taking into consideration-- ``(I) the size of a detention facility or complementary facility; ``(II) the number of detainees in a facility; ``(III) the age and condition of a facility; ``(IV) interjurisdictional detention needs; ``(V) staff needs; and ``(VI) prisoner isolation and transportation needs; ``(ii) establishes a routine maintenance schedule for each facility; ``(iii) identifies staffing and operational needs of existing and needed facilities; and ``(iv) provides specific cost estimates needed to repair, renovate, lease or construct any new, existing or additional detention facilities or complementary facilities; ``(B) a detailed plan to bring all detention facilities and complementary facilities into compliance with applicable standards that includes-- ``(i) detailed information on the status of each facility's compliance with the standards; ``(ii) specific cost estimates for meeting the standards at each facility; and ``(iii) specific timelines for bringing each facility into compliance with the standards; ``(C) an assessment of the feasibility of developing regional detention facilities, taking into consideration the factors identified in subparagraph (A)(i) and a comparison of costs and benefits of regional facilities versus individual tribal facilities; and ``(D) an assessment of the feasibility of tribal operation of the facilities identified under subparagraphs (A)(i) and (C) under the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450 et seq.), including-- ``(i) any cost savings that would result from tribal rather than Federal operation of the facilities; and ``(ii) a comparison of costs and benefits arising from individual tribal operation versus contracting detention services with State or local facilities. ``(4) Effect of subsection.--Nothing in this subsection requires termination of the operations of any facility that fails to comply with standards described in subparagraph (B). ``(5) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $500,000, to remain available until expended.''.

Indian Tribal Detention Facility Reform Act of 2004 - Amends the Indian Law Enforcement Reform Act with respect to the operation of tribal detention systems in American Indian communities. Directs the Secretary of the Interior to establish within the Division of Law Enforcement Services a separate Branch of Detention Services. Requires the Bureau of Indian Affairs (BIA) to develop and implement protocols for reporting on serious incidents, particularly escapes, to appropriate law enforcement authorities. Requires the Division of Law Enforcement Services to conduct a preliminary inquiry of any serious incident to determine whether a full investigation is warranted. Directs the BIA to complete an assessment of the physical conditions and needs of all detention facilities.

A bill to implement the recommendations of the Inspector General of the Department of the Interior regarding Indian Tribal detention facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``King Cove Health and Safety Act of 1998''. SEC. 2. FINDINGS. The Congress finds that-- (1) King Cove, Alaska is a community in the westernmost region of the Alaska Peninsula with a population of roughly 800 full-time residents and an additional 400 to 600 workers who are transported in and out of the community a number of times a year to work in the local fish processing plant and on fishing vessels; (2) the majority of the full-time residents are indigenous Native peoples of Aleut ancestry that have resided in the region for over 5,000 years; (3) the only mode of access to or from King Cove is via small aircraft or fishing boat, and the weather patterns are so severe and unpredictable that King Cove is one of the worst places in all of the United States to access by either of these modes of transportation; (4) the State of Alaska has initiated the King Cove to Cold Bay Transportation Improvement Assessment to confirm the need for transportation improvements for King Cove and to identify alternative methods of improving transportation access with comprehensive environmental and economic review of each alternative; (5) the State of Alaska has identified a road between King Cove and Cold Bay as one of the alternatives to be evaluated in the transportation planning process but for a road to be a viable option for the State of Alaska, the Congress must grant a legislative easement within the Izembek National Wildlife Refuge (``Refuge'') across approximately seven miles of wilderness land owned by the Federal Government; (6) there are fourteen miles of roads within the wilderness boundary of the Refuge which are currently traveled by vehicles; (7) any road constructed in accordance with such easement would be an unpaved, one-lane road sufficient in width to satisfy State law; and (8) the combined communities of King Cove and Cold Bay have approximately 250 vehicles. SEC. 3. PURPOSE. The purpose of this Act is to establish a surface transportation easement across Federal lands within the Refuge and to transfer 664 acres of high value habitat lands adjacent to the Refuge in fee simple from the King Cove Corporation to the Federal Government as new wilderness lands within the Refuge in exchange for redesignating a narrow corridor of land within the Refuge as nonwilderness lands. SEC. 4. LAND EXCHANGE. If the King Cove Corporation offers to transfer to the United States all right, title, and interest of the Corporation in and to all land owned by the Corporation in Sections 2, 3, 4, 5, 6, and 7 of T 57 S, R 88 W, Seward Meridian, Alaska, and any improvements thereon, the Secretary of the Interior (``Secretary'') shall, not later than 30 days after such offer, grant the Aleutians East Borough a perpetual right- of-way of 60 feet in width through the lands described in sections 6 and 7 of this Act for the construction, operation and maintenance of certain utility-related fixtures and of a public road between the city of Cold Bay, Alaska, and the city of King Cove, Alaska and accept the transfer of the offered lands. Upon transfer to the United States, such lands shall be managed in accordance with section 1302(i) of the Alaska National Interest Lands Conservation Act, shall be included within the Refuge, and shall be managed as wilderness. SEC. 5. RIGHT-OF-WAY. Unless otherwise agreed to by the Secretary and the Aleutians East Borough, the right-of-way granted under section 4 shall-- (1) include sufficient lands for logistical staging areas and construction material sites used for the construction and maintenance of an unpaved, one-lane public road sufficient in width to meet the minimum requirements necessary to satisfy State law; (2) meet all requirements for a public highway right-of-way under the laws of the State of Alaska; and (3) include the right for the Aleutians East Borough, or its assignees, to construct, operate, and maintain electrical, telephone, or other utility facilities and structures within the right-of-way. SEC. 6. CONFORMING CHANGE. Upon the offer of Corporation lands under section 4, the boundaries of the wilderness area within the Refuge are modified to exclude from wilderness designation a 100 foot wide corridor to accommodate the right-of-way within the following land sections: (1) Sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 35, and 36 of T 56 S, R 87 W, Seward Meridian, Alaska. (2) Sections 23, 24, 25, 26, 27, 34, 35, and 36 of T 56 S, R 88 W, Seward Meridian, Alaska. (3) Sections 1, 2, 11, and 12 of T 57 S, R 89 W, Seward Meridian, Alaska. SEC. 7. RIGHT-OF-WAY LOCATION. Unless otherwise agreed to by the Secretary and the Aleutians East Borough, the right-of-way granted under section 4 shall be located within-- (1) sections 2, 3, 10, and 11 of T 59 S, R 86 W, Seward Meridian, Alaska; (2) sections 27, 28, 29, 30, 31, 32, 33, 34, and 35 of T 59 S, R 86 W, Seward Meridian, Alaska; (3) sections 3, 4, 9, 10, 13, 14, 15, 16, 23, 24, 25, 26, and 36 of T 58 S, R 87 W, Seward Meridian, Alaska; (4) sections 5, 6, 7, 8, 9, 16, 17, 20, 21, 27, 28, 29, 32, 33, and 34 of T 57 S, R 87 W, Seward Meridian, Alaska; (5) sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 35, and 36 of T 56 S, R 87 W, Seward Meridian, Alaska; (6) sections 23, 24, 25, 26, 27, 34, 35, and 36 of T 56 S, R 88 W, Seward Meridian, Alaska; (7) section 6 of T 57 S, R 88 W, Seward Meridian, Alaska; and (8) sections 1, 2, 11, and 12 of T 57 S, R 89 W, Seward Meridian, Alaska. SEC. 8. TECHNICAL AMENDMENTS. The following provisions of law shall not be applicable to any right-of-way granted under section 4 of this Act or to any road constructed on such right-of-way-- (1) section 22(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1621(g)); (2) title XI of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3161 et seq.), except as specified in this section; and (3) section 303(c) of title 49, United States Code. SEC. 9. JOINT PLAN. The Secretary and the Aleutians East Borough shall jointly prepare a plan setting forth-- (1) the times of the year a road may reasonably be constructed when there are not high concentrations of migratory birds in Kinzarof Lagoon; and (2) limitations on nonemergency road traffic during periods of the year when there are high concentrations of migratory birds in Kinzarof Lagoon. SEC. 10. TRANSFER. If within 24 months of the date the King Cove Corporation offers to transfer to the United States all right, title, and interest of the Corporation lands set forth in section 4 of this Act, the Secretary and the Aleutians East Borough fail to mutually agree on the following-- (1) a final land exchange and a grant of a right-of-way pursuant to section 4; and (2) the right-of-way specifications, and terms and conditions of use set forth in sections 5, 6, 7 and 8 of this Act; then the Aleutians East Borough shall have the right to select a 60 foot right-of-way for the construction, operation, and maintenance of certain utility-related fixtures and of a public road from lands described in section 7 of this Act, and to identify logistical staging areas and construction material sites within the right-of-way. If an agreement is not reached within 6 months after the Aleutians East Borough notifies the Secretary of its selection, then the right-of-way is hereby granted to the Borough. Passed the Senate October 1 (legislative day, September 29), 1998. Attest: GARY SISCO, Secretary.

King Cove Health and Safety Act of 1998 - Directs the Secretary of the Interior, if the King Cove Corporation offers to transfer specified lands to the United States, to accept the transfer of the offered lands and grant the Aleutians East Borough a perpetual right-of-way of 60 feet in width through specified lands in Seward Meridian, Alaska, for the construction, operation, and maintenance of certain utility-related fixtures and of a public road between the cities of Cold Bay and King Cove, Alaska. Requires the lands transferred to the United States to be managed in accordance with the Alaska National Lands Conservation Act. Directs the Secretary and the Borough to jointly prepare a plan setting forth: (1) the times of the year a road may reasonably be constructed when there are not high concentrations of migratory birds in Kinzarof Lagoon; and (2) limitations on nonemergency road traffic during periods of the year when there are high concentrations of migratory birds in that Lagoon. Provides that, if the Secretary and the Borough fail to mutually agree within 24 months of the offer on a final land exchange and grant of right-of-way, and on the right-of-way specifications and terms and conditions of use set forth in this Act, the Borough shall have the right to select a 60 foot right-of-way for the construction, operation, and maintenance of certain utility-related fixtures and of a public road from specified lands, and to identify logistical staging areas and construction material sites within the right-of-way. Grants the right-of-way to the Borough if an agreement is not reached within six months after the Borough notifies the Secretary of its selection.

King Cove Health and Safety Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Families Leave Act of 2003''. SEC. 2. GENERAL REQUIREMENTS FOR LEAVE. (a) Entitlement to Leave.--Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end the following: ``(3) Entitlement to leave due to family member's active duty.-- ``(A) In general.--Subject to section 103(f), an eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period because a spouse, son, daughter, or parent of the employee is a member of the Armed Forces-- ``(i) on active duty in support of a contingency operation; or ``(ii) notified of an impending call or order to active duty in support of a contingency operation. ``(B) Conditions and time for taking leave.--An eligible employee shall be entitled to take leave under subparagraph (A)-- ``(i) while the employee's spouse, son, daughter, or parent is on active duty in support of a contingency operation, and, if the family member is a member of a reserve component of the Armed Forces, beginning when such family member receives notification of an impending call or order to active duty in support of a contingency operation; and ``(ii) only for issues relating to or resulting from such family member's-- ``(I) service on active duty in support of a contingency operation; and ``(II) if a member of a reserve component of the Armed Forces-- ``(a) receipt of notification of an impending call or order to active duty in support of a contingency operation; and ``(b) service on active duty in support of such operation. ``(4) Limitation.--No employee may take more than a total of 12 workweeks of leave under paragraphs (1) and (3) during any 12-month period.''. (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is amended by inserting ``or subsection (a)(3)'' after ``subsection (a)(1)''. (d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following: ``(3) Notice for leave due to family member's active duty.--An employee who intends to take leave under subsection (a)(3) shall provide such notice to the employer as is practicable.''. (e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(f) Certification for Leave Due to Family Member's Active Duty.-- An employer may require that a request for leave under section 102(a)(3) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. SEC. 3. LEAVE FOR CIVIL SERVICE EMPLOYEES. (a) Entitlement to Leave.--Section 6382(a) of title 5, United States Code, is amended by adding at the end the following: ``(3)(A) Subject to section 6383(f), an eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period because a spouse, son, daughter, or parent of the employee is a member of the Armed Forces ``(i) on active duty in support of a contingency operation; or ``(ii) notified of an impending call or order to active duty in support of a contingency operation. ``(B) An eligible employee shall be entitled to take leave under subparagraph (A)-- ``(i) while the employee's spouse, son, daughter, or parent is on active duty in support of a contingency operation, and, if the family member is a member of a reserve component of the Armed Forces, beginning when such family member receives notification of an impending call or order to active duty in support of a contingency operation; and ``(ii) only for issues relating to or resulting from such family member's-- ``(I) service on active duty in support of a contingency operation; and ``(II) if a member of a reserve component of the Armed Forces-- ``(aa) receipt of notification of an impending call or order to active duty in support of a contingency operation; and ``(bb) service on active duty in support of such operation. ``(4) No employee may take more than a total of 12 workweeks of leave under paragraphs (1) and (3) during any 12-month period.''. (b) Schedule.--Section 6382(b)(1) of such title is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 6382(d) of such title is amended by inserting ``or subsection (a)(3)'' after ``subsection (a)(1)''. (d) Notice.--Section 6382(e) of such title is amended by adding at the end the following: ``(3) An employee who intends to take leave under subsection (a)(3) shall provide such notice to the employing agency as is practicable.''. (e) Certification.--Section 6383 of such title is amended by adding at the end the following: ``(f) An employing agency may require that a request for leave under section 6382(a)(3) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.''.

Military Families Leave Act of 2003 - Amends the Family and Medical Leave Act of 1993 to entitle an eligible employee to 12 work weeks of leave during any 12-month period because a spouse, son, daughter, or parent of the employee is a member of the Armed Forces who is either on active duty in support of a contingency operation or has been notified of an impending call or order to such status. Allows such leave only for issues relating to or resulting from such family member's military duty.Amends Federal law to grant leave under the same conditions to civil service employees.

A bill to amend the Family and Medical Leave Act of 1993 to provide entitlement to leave to eligible employees whose spouse, son, daughter, or parent is a member of the Armed Forces serving on active duty in support of a contingency operation or notified of an impending call or order to active duty in support of a contingency operation.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Libby Health Care Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the vermiculite ore mined and milled in Libby, Montana, was contaminated by high levels of asbestos, particularly tremolite asbestos; (2) the vermiculite mining and milling processes released thousands of pounds of asbestos-contaminated dust into the air around Libby, Montana, every day, exposing mine workers and Libby residents to high levels of asbestos over a prolonged period of time; (3) the Federal Government has known for over 50 years that there are severe health risks associated with prolonged exposure to asbestos, including higher incidences of asbestos related disease such as asbestosis, lung cancer, and mesothelioma; (4) the United States was aware of accumulating asbestos pollution in Libby, Montana, as early as 1941, but failed to take any corrective action for decades, and once corrective action was taken, it was inadequate to protect workers and residents and asbestos-contaminated vermiculite dust continued to be released into the air in and around Libby, Montana, until the early 1990s when the vermiculite mining and milling process was finally halted; (5) the United States Environmental Protection Agency did not respond to massive asbestos contamination in Libby, Montana, until 1999, when the high rates of disease and death associated with exposure to asbestos in Libby, Montana, made national headlines; (6) current and former residents of Libby, Montana, and former vermiculite mine workers from the Libby mine suffer from asbestos related diseases at a rate 40 to 60 times the national average, and they suffer from the rare and deadly asbestos- caused cancer, mesothelioma, at a rate 100 times the national average; (7) the State of Montana and the town of Libby, Montana, face an immediate and severe health care crisis because-- (A) many sick current and former residents and workers who have been diagnosed with asbestos-related exposure or disease cannot access private health insurance; (B) the costs to the community and State government related to providing health coverage for uninsured sick residents and former mine workers are creating significant pressures on the State's medicaid program and threaten the viability of other community businesses; (C) asbestos-related disease can have a long latency period; and (D) the only significant responsible party available to compensate sick residents and workers has filed for bankruptcy protection; and (8) the United States should recognize that it has a responsibility to work in partnership with the State of Montana, the town of Libby, Montana, and appropriate health care organizations to address escalating health care costs caused by decades of asbestos pollution in Libby, Montana. (b) Purpose.--The purpose of this Act is to provide a permanent source of funding for medical benefit payments to current and former residents of Libby, Montana, who suffer from asbestos related disease or illness. SEC. 3. DEFINITIONS. In this Act: (1) Asbestos related disease or illness.--The term ``asbestos related disease or illness'' means a malignant or non-malignant respiratory disease or illness related to tremolite asbestos exposure. (2) Eligible medical expense.--The term ``eligible medical expense'' means an expense related to services for the diagnosis or treatment of an asbestos-related disease or illness, including expenses incurred for hospitalization, prescription drugs, outpatient services, home oxygen, respiratory therapy, nursing visits, or diagnostic evaluations. SEC. 4. HEALTH CARE TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a trust fund, to be known as the ``Montana Asbestos Related Disease Health Care Trust Fund'' (in this Act referred to as the ``Trust Fund''), which shall be administered by the Secretary of the Treasury. (b) Use of Funds.--Amounts in the Trust Fund shall be available only for disbursement for medical benefit payments as provided under section 5 of this Act. (c) Corpus.--The Trust Fund shall consist of-- (1) such amounts as may be appropriated to the Trust Fund as provided in subsection (e); (2) such amounts as may be transferred to the Trust Fund from payments to the United States as provided in subsection (f); and (3) contributions from individuals, businesses, or non- profit organizations as provided in subsection (g). (d) Investment.--Amounts in the Trust Fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on, and proceeds from, any such investment shall be credited to and become a part of the Trust Fund. (e) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Trust Fund $20,000,000 for fiscal year 2003. (2) Availability.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended. (f) CERCLA Funds.--Notwithstanding any other provision of law, any payment received by the United States for recovery of costs associated with the United State's actions to address asbestos contamination in Libby, Montana, as authorized by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), shall first be used to repay the Treasury for any funds appropriated to the Trust Fund, and any remaining funds over and above the amount necessary to repay the Treasury shall be deposited in the Trust Fund. (g) Contributions.-- (1) In general.--Any individual, business, or non-profit organization may contribute funds to the Trust Fund and any such funds shall be credited to and become a part of the Trust Fund. (2) Tax deductions.--Any funds contributed to the Trust Fund under paragraph (1) shall be considered a tax-deductible contribution in accordance with section 170 of the Internal Revenue Code of 1986. SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS. (a) Application.-- (1) In general.--An individual who wishes to receive a medical benefit payment under this Act shall file an application with the Attorney General. (2) Documentation.--An application shall contain such documentation as the Attorney General determines is necessary to support a claim for a medical benefit payment. (3) Filing procedures.--The Attorney General, in consultation with the chief executive officer of the State of Montana and the Clinic Director of the Center for Asbestos Related Disease in Libby, Montana, shall establish procedures whereby individuals may file applications for medical benefit payments under this Act. (b) Eligibility.--An individual is eligible for medical benefit payments under this Act if the individual-- (1) has an asbestos-related disease or illness; (2) has an eligible medical expense; and (3) either-- (A) was a worker at the vermiculite mining and milling facility in Libby, Montana; or (B) lived, worked, or played in Libby, Montana, for at least 6 consecutive months before December 31, 1990. (c) Payments.-- (1) In general.--The Attorney General shall pay, from amounts available in the Trust Fund, any claim for a medical benefit payment made under this Act if the Attorney General determines that the individual filing the application is eligible for the payment under subsection (b). (2) Limitation.--No individual shall receive more than $100,000 in aggregate payments from the Trust Fund. (3) Action on claims.--Not later than 6 months after the date a application is filed under this Act, the Attorney General shall make a determination on the claim. (d) No Limitation on Other Federal Benefits.--Nothing in this Act shall be construed as precluding any individual who receives medical benefits payments under this Act from also receiving other benefits, including benefits which the individual may be eligible to receive under title II, XVI, XVIII, XIX, or XXI of the Social Security Act. (e) Regulatory Authority.--The Attorney General may issue such regulations as are necessary to carry out this Act.

Libby Health Care Act - Establishes in the Treasury of the United States the "Montana Asbestos Related Disease Health Care Trust Fund" (the "Trust Fund"), to be administered by the Secretary of the Treasury. States that the Trust Fund shall consist of: (1) appropriated sums; (2) transfers from certain payments to the United States; and (3) contributions from individuals, businesses, or non-profit organizations.Permits funds to be disbursed from the Trust Fund only for medical benefit payments. Declares as eligible to receive funds an individual who: (1) has an asbestos-related disease or illness and an expense related to services for the diagnosis or treatment of such disease or illness; and (2) either was a worker at the vermiculite mining and milling facility in Libby, Montana, or lived, worked, or played in Libby, Montana, for at least 6 consecutive months before December 31, 1990.Limits to $100,000 the aggregate amount that can be disbursed to an individual from the Trust Fund. Allows individuals who obtain medical benefits payments under this Act to receive other benefits, including specified benefits under the Social Security Act.

A bill to establish a trust fund for the purpose of making medical benefit payments to current and former residents of Libby, Montana.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Missouri River Valley Improvement Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) Lewis and Clark were pioneering naturalists that recorded dozens of species previously unknown to science while ascending the Missouri River in 1804; (2) the Missouri River, which is 2,321 miles long, drains \1/6\ of the United States, is home to approximately 10,000,000 people in 10 States and 28 Native American tribes, and is a resource of incalculable value to the United States; (3) the construction of dams, levees, and river training structures in the past 150 years has aided navigation, flood control, and water supply along the Missouri River, but has reduced habitat for native river fish and wildlife and opportunities for river-based recreation; (4) river organizations, including the Missouri River Basin Association, support habitat restoration, riverfront revitalization, and improved operational flexibility so long as these efforts do not significantly interfere with uses of the Missouri River; and (5) restoring a string of natural places by the year 2004 would aid native river fish and wildlife, reduce flood losses, enhance recreation and tourism, and celebrate the bicentennial of Lewis and Clark's voyage. (b) Purposes.--The purposes of this Act are to-- (1) protect, restore, and enhance the fish, wildlife, and plants, and the associated habitats on which they depend, of the Missouri River; (2) restore a string of natural places that aid native river fish and wildlife, reduce flood losses, and enhance recreation and tourism; (3) revitalize historic riverfronts to improve quality of life in riverside communities and attract recreation and tourism; (4) monitor the health of the Missouri River and measure biological, chemical, and physical responses to changes in River management; (5) allow the Army Corps of Engineers increased authority to restore and protect fish and wildlife habitat on the Missouri River; (6) protect and replenish cottonwoods, and their associated riparian woodland communities, along the upper Missouri River; and (7) educate the public about the economic, environmental, and cultural importance of the Missouri River and the scientific and cultural discoveries of Lewis and Clark. SEC. 3. DEFINITION OF MISSOURI RIVER. In this Act, the term ``Missouri River'' means the Missouri River and the adjacent floodplain that extends from the mouth of the Missouri River (RM 0) to the confluence of the Jefferson, Madison, and Gallatin Rivers (RM 2341) in Montana. SEC. 4. AUTHORITY TO PROTECT, ENHANCE, AND RESTORE FISH AND WILDLIFE HABITAT. Section 9(b) of the Act entitled ``An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes'', approved December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 891), is amended-- (1) by striking ``(b) The general'' and inserting the following: ``(b) Comprehensive Plan.-- ``(1) In general.--The general''; (2) by striking ``paragraph'' and inserting ``subsection''; and (3) by adding at the end the following: ``(2) Fish and wildlife habitat.--In addition to carrying out the duties under the comprehensive plan described in paragraph (1), the Chief of Engineers shall, to the maximum extent practicable, protect, enhance, and restore fish and wildlife habitat on the Missouri River.''. SEC. 5. ACQUISITION OF LAND FOR THE NATIONAL WILDLIFE REFUGE SYSTEM. (a) In General.--The Secretary of the Interior shall conduct a study of the Missouri River to examine needs and opportunities for acquisition of land and water surrounding the Missouri River as part of the National Wildlife Refuge System. (b) New Refuge Land.--Any planning or acquisition of new refuge land resulting from the study under subsection (a) shall be-- (1) conducted using existing acquisition authorities and procedures; and (2) purchased from willing sellers only. SEC. 6. MISSOURI RIVER MITIGATION PROJECT. The matter under the heading ``missouri river mitigation, missouri, kansas, iowa, and nebraska'' of section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143) is amended by adding at the end the following: ``Not later than 180 days after the date of enactment of this paragraph, the Secretary of the Army, in consultation with the United States Fish and Wildlife Service and State fish and wildlife agencies, shall submit a report to Congress outlining the feasibility and costs of acquiring and restoring up to 25 percent of lost habitat, comprising approximately 118,650 acres, in the Missouri River floodplain in the States of Nebraska, Iowa, Kansas, and Missouri.''. SEC. 7. UPPER MISSOURI RIVER AQUATIC AND RIPARIAN HABITAT MITIGATION PROGRAM. (a) In General.-- (1) Study.--Not later than 2 years after the date of enactment of this Act, the Secretary of the Army, through an interagency agreement with the Director of the United States Fish and Wildlife Service and in accordance with the Fish and Wildlife Conservation Act of 1980 (16 U.S.C. 2901 et seq.), shall complete a study that-- (A) analyzes any adverse effects on aquatic and riparian-dependent fish and wildlife resulting from the operation of the Missouri River Mainstem Reservoir Project in the States of Nebraska, South Dakota, North Dakota, and Montana; and (B) recommends measures appropriate to mitigate the adverse effects described in subparagraph (A). (2) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary of the Army shall submit to Congress a report describing the results of the study under paragraph (1). (b) Pilot Program.--The Secretary of the Army, in consultation with the Director of the United States Fish and Wildlife Service and the affected State fish and wildlife agencies, shall develop and administer a pilot mitigation program that-- (1) involves the experimental releases of warm water from the spillways at Fort Peck Dam during the appropriate spawning periods for native fish; (2) involves the monitoring of the response of fish to and the effectiveness of the preservation of native fish and wildlife habitat of the releases described in paragraph (1); and (3) shall not adversely impact a use of the reservoir existing on the date the pilot program is implemented. (c) Reservoir Fish Loss Study.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary of the Army, in consultation with the North Dakota Game and Fish Department and the South Dakota Department of Game, Fish and Parks, shall complete a study to analyze and recommend measures to avoid or reduce the loss of fish, including rainbow smelt, through Garrison Dam in North Dakota and Oahe Dam in South Dakota. (2) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary of the Army shall submit to Congress a report describing the results of the study under paragraph (1). (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of the Army-- (1) to complete the study required under subsection (c), $200,000; and (2) to carry out the other provisions of this section, $1,000,000 for each of fiscal years 2000 through 2010. SEC. 8. MISSOURI RIVER CHANNEL ENHANCEMENT PROGRAM. (a) In General.--The Secretary of the Army, acting through the Chief of Engineers and in consultation with the Director of the United States Fish and Wildlife Service, shall, in the course of ongoing operations and maintenance of the Missouri River bank stabilization and navigation project, modify and improve navigation training and bank stabilization structures to protect, enhance, and restore native river fish and wildlife habitat and support ecosystem restoration. (b) Navigation, Flood Control, and Water Supply.--As part of the project, the Secretary of the Army shall modify navigation training and bank stabilization structures on publicly owned property where the modifications would benefit native fish and wildlife and ecosystem restoration. (c) Operation and Maintenance.--The operation and maintenance of each activity under the project shall be a Federal responsibility. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of the Army to carry out this section $5,000,000 for each of fiscal years 2000 through 2010. SEC. 9. RIVERFRONT REVITALIZATION. Section 11(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1282) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (2) the following: ``(3) Missouri river.-- ``(A) In general.--The Secretary of the Interior, acting through the Director of the Rivers and Trails Conservation Assistance Program of the National Park Service, shall, if requested, work with riverside communities to develop projects to revitalize historic riverfronts, including the communities of-- ``(i) Saint Charles, Missouri; ``(ii) Kansas City, Missouri/Kansas City, Kansas; ``(iii) Saint Joseph, Missouri; ``(iv) Omaha, Nebraska; ``(v) Council Bluffs, Iowa; ``(vi) Sioux City, Iowa; ``(vii) Yankton, South Dakota; ``(viii) Pierre, South Dakota/Ft. Pierre, South Dakota; ``(ix) Bismarck, North Dakota; and ``(x) Fort Peck, Montana. ``(B) Funding.-- ``(i) Authorization of appropriations.-- There is authorized to be appropriated to the Secretary to carry out this paragraph $15,000,000. ``(ii) Limitation on share of costs.--The Federal share of costs associated with any single project described in this paragraph shall not exceed 25 percent of the total cost of that project. ``(iii) No funds for operation or maintenance.--The Secretary shall provide no funds for the operation and maintenance of a project under this paragraph.''. SEC. 10. COTTONWOOD PROTECTION STUDY. (a) In General.--The Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation and in consultation with the Secretary of the Army, shall complete a study to evaluate opportunities to protect and replenish cottonwoods in the associated riparian woodland communities along the Missouri River between Fort Benton and Fort Peck Reservoir, Montana, in accordance with the Water Resources Research Act of 1984 (42 U.S.C. 10301 et seq.). (b) Evaluation.--The study shall include an evaluation of-- (1) cottonwood reproduction; (2) native fish and other river wildlife, including competition from non-native species; (3) flood losses; (4) water supply needs; (5) recreation; and (6) main stem and tributary dam operations. (c) Report.--Not later than July 31, 2001, the Secretary shall submit to Congress a report describing the results of the study required under this section. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $5,000,000. SEC. 11. LONG-TERM MONITORING PROGRAM. (a) Establishment.--The Secretary of the Interior, in consultation with the Director of the United States Geological Survey, shall establish a program at the River Studies Center of the Biological Services Division of the United States Geological Study, located in Columbia, Missouri, to monitor the physical, biological, and chemical characteristics of the Missouri River in accordance with title I of the Department of the Interior and Related Agencies Appropriations Act, 1997 (43 U.S.C. 31j). (b) Program.--Not later than 2 years after the date of enactment of this Act, the Secretary shall develop a program to monitor and assess the biota, habitats, and water quality of the Missouri River, in consultation with-- (1) the Governors of affected States, acting through the Missouri River Natural Resources Committee and another representative of each Governor's designation; (2) the Secretary of Agriculture; (3) the Secretary of the Army; (4) the Secretary of Energy; (5) the Administrator of the Environmental Protection Agency; and (6) the Missouri River Basin Tribes. (c) Activities.--The program under subsection (b) shall provide scientific information to-- (1) guide operation and management of the Missouri River, including operation of dams by the Corps of Engineers and the Bureau of Reclamation; and (2) measure and model the impact of management alternatives through-- (A) monitoring of biota, habitats, and water quality; (B) focused identification of cause and effect relationships; and (C) valuation of methods to conserve fish and wildlife. (d) Baseline.--The program under subsection (b) shall establish a baseline of conditions against which future activities can be measured. (e) Database.--The Secretary shall-- (1) establish a database on Missouri River biota, habitats, and water quality; and (2) make the database readily available to the public. (f) Report.--Not later than 3 years after the date of establishment of the program under subsection (b), and not less frequently than every 3 years thereafter, the Secretary, acting through the Director of the Biological Resources Division of the United States Geological Survey, shall-- (1) review the program; (2) as necessary, establish and revise the objectives of the program; and (3) submit to Congress a report on the environmental health of the Missouri River. (g) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary of the Interior to carry out this section-- (A) $5,000,000 for fiscal year 2000; (B) $7,000,000 for fiscal year 2001; and (C) $13,600,000 for each of fiscal years 2002 through 2014. (2) Nonreimbursable expenditure.--Of the costs associated with the development and implementation of this program-- (A) 90 percent shall be allocated to the United States as a nonreimbursable expenditure; and (B) 10 percent shall be allocated equally among the States of Iowa, Kansas, Missouri, Nebraska, Montana, North Dakota, and South Dakota. (3) Non-federal share.--The Secretary may accept as part of the non-Federal cost share the contribution of such in-kind services by participating States as the Secretary determines will contribute substantially toward the development and administration of the program. SEC. 12. INTERPRETATION AND RECREATION. (a) Interpretative Centers.-- (1) In general.--The Secretary of the Interior, acting through the Director of the National Park Service, shall establish Lewis and Clark Interpretive Centers to educate the public about the economic and environmental importance of the Missouri River and the scientific and cultural discoveries of Lewis and Clark in the vicinity of Missouri River communities, including the communities of-- (A) Kansas City, Missouri; (B) Nebraska City, Nebraska; (C) Sioux City, Iowa; (D) Pierre, South Dakota/Ft. Pierre, South Dakota; (E) Bismarck, North Dakota; and (F) Great Falls, Montana. (2) Spending limit.-- (A) In general.--The Secretary's share of costs associated with any single project described in this subsection shall not exceed 25 percent of the total cost of carrying out the project. (B) No funds for operation and maintenance.--The Secretary shall not provide funds for the operation and maintenance of the project. (3) Authorization of appropriations.--There is authorized to be appropriated to the Secretary of the Interior to carry out this subsection $6,000,000 for each of fiscal years 2000 through 2006. (b) Recreation Improvements.-- (1) In general.--The Secretary of the Army, acting through the Chief of Engineers, shall provide improvements to recreation facilities and visitor centers at the Missouri River main-stem projects to provide for increased visitor use associated with the Lewis and Clark commemoration. (2) Authorization of appropriations.--There is authorized to be appropriated to the Secretary of the Army to carry out this subsection $500,000 for each of fiscal years 2000 through 2003.

(Sec. 5) Directs the Secretary of the Interior to conduct a River study to examine needs and opportunities for acquisition of land and water surrounding the River as part of the National Wildlife Refuge System. (Sec. 6) Amends provisions of the Water Resources Development Act of 1986 relating to a project for the mitigation of River fish and wildlife losses to require the Secretary of the Army to report to Congress outlining the feasibility and costs of acquiring and restoring up to 25 percent of lost habitat in the River floodplain in Nebraska, Iowa, Kansas, and Missouri. (Sec. 7) Directs the Secretary of the Army to complete, and report to Congress on, a study that: (1) analyzes any adverse effects on aquatic and riparian-dependent fish and wildlife resulting from operation of the Missouri River Mainstem Reservoir Project in Nebraska, South Dakota, North Dakota, and Montana; and (2) recommend appropriate measures to mitigate such effects. Directs such Secretary to: (1) develop and administer a pilot mitigation program; and (2) complete, and report to Congress on, a study to analyze and recommend measures to avoid or reduce the loss of fish, including rainbow smelt, through Garrison Dam in North Dakota and Oahe Dam in South Dakota. Authorizes appropriations. (Sec. 8) Directs the Secretary of the Army to modify and improve River navigation training and bank stabilization structures to protect, enhance, and restore native River fish and wildlife habitat and support ecosystem restoration. Authorizes appropriations. (Sec. 9) Amends the Wild and Scenic Rivers Act to direct the Secretary of the Interior, if requested, to work with riverside communities to develop projects to revitalize historic riverfronts in specified River communities in Missouri, Kansas, Nebraska, Iowa, South Dakota, North Dakota, and Montana. Authorizes appropriations. (Sec. 10) Directs the Secretary of the Interior to complete, and report to Congress on, a study to evaluate opportunities to protect and replenish cottonwood trees in the associated riparian woodland communities along the River between Fort Benton and Fort Peck Reservoir, Montana. Authorizes appropriations. (Sec. 11) Directs the Secretary of the Interior to establish a program at the River Studies Center, Columbia, Missouri, to monitor the physical, biological, and chemical characteristics of the River in accordance with title I of the Department of the Interior and Related Agencies Appropriations Act, 1997. Directs such Secretary to: (1) develop a program to monitor and assess the biota, habitats, and water quality of the River (requiring certain consultation); and (2) establish and make available a database on such biota, habitats, and water quality. Requires a report to Congress every three years. Authorizes appropriations. (Sec. 12) Directs the Secretary of the Interior to establish Lewis and Clark Interpretive Centers to educate the public about the economic and environmental importance of the River and the scientific and cultural discoveries of Lewis and Clark in the vicinity of River communities. Authorizes appropriations. Directs the Secretary of the Army to provide improvements to recreation facilities and visitors centers at the Missouri River mainstem projects to provide for increased visitor use associated with the Lewis and Clark commemoration. Authorizes appropriations.

Missouri River Valley Improvement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Equity and Access for Returning Troops and Servicemembers Act'' or the ``HEARTS Act''. SEC. 2. MODIFICATION OF REQUIREMENT FOR CERTAIN FORMER MEMBERS OF THE ARMED FORCES TO ENROLL IN MEDICARE PART B TO BE ELIGIBLE FOR TRICARE FOR LIFE. (a) TRICARE Eligibility.-- (1) In general.--Subsection (d) of section 1086 of title 10, United States Code, is amended by adding at the end the following new paragraph: ``(6)(A) The requirement in paragraph (2)(A) to enroll in the supplementary medical insurance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) shall not apply to a person described in subparagraph (B) during any month in which such person is not entitled to a benefit described in subparagraph (A) of section 226(b)(2) of the Social Security Act (42 U.S.C. 426(b)(2)) if such person has received the counseling and information under subparagraph (C). ``(B) A person described in this subparagraph is a person-- ``(i) who is under 65 years of age; ``(ii) who is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act pursuant to subparagraph (A) or (C) of section 226(b)(2) of such Act (42 U.S.C. 426(b)(2)); ``(iii) whose entitlement to a benefit described in subparagraph (A) of such section has terminated due to performance of substantial gainful activity; and ``(iv) who is retired under chapter 61 of this title. ``(C) The Secretary of Defense shall coordinate with the Secretary of Health and Human Services to notify persons described in subparagraph (B) of, and provide information and counseling regarding, the effects of not enrolling in the supplementary medical insurance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.), as described in subparagraph (A).''. (2) Conforming amendment.--Paragraph (2)(A) of such subsection is amended by striking ``is enrolled'' and inserting ``except as provided by paragraph (6), is enrolled''. (3) Identification of persons.--Section 1110a of such title is amended by adding at the end the following new subsection: ``(c) Certain Individuals Not Required To Enroll in Medicare Part B.--In carrying out subsection (a), the Secretary of Defense shall coordinate with the Secretary of Health and Human Services and the Commissioner of Social Security to-- ``(1) identify persons described in subparagraph (B) of section 1086(d)(6) of this title; and ``(2) provide information and counseling pursuant to subparagraph (D) of such section.''. (b) Non-Application of Medicare Part B Late Enrollment Penalty.-- Section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is amended, in the second sentence, by inserting ``or months for which the individual can demonstrate that the individual is an individual described in paragraph (6)(B) of section 1086(d) of title 10, United States Code, who is enrolled in the TRICARE program pursuant to such section'' after ``an individual described in section 1837(k)(3)''. (c) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense, the Secretary of Health and Human Services, and the Commissioner of Social Security shall jointly submit to the Committees on Armed Services of the House of Representatives and the Senate, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate a report on the implementation of section 1086(d)(6) of title 10, United States Code, as added by subsection (a). Such report shall include, with respect to the period covered by the report-- (1) the number of individuals enrolled in TRICARE for Life who are not enrolled in the supplementary medical insurance program under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) by reason of such section 1086(d)(6); and (2) the number of individuals who-- (A) are retired from the Armed Forces under chapter 61 of title 10, United States Code; (B) are entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act pursuant to receiving benefits for 24 months as described in subparagraph (A) or (C) of section 226(b)(2) of such Act (42 U.S.C. 426(b)(2)); and (C) because of such entitlement, are no longer enrolled in TRICARE Standard, TRICARE Prime, TRICARE Extra, or TRICARE Select under chapter 55 of title 10, United States Code. (d) Application.--The amendments made by this section shall apply with respect to a person who, on or after the date of the enactment of this Act, is a person described in section 1086(d)(6)(B) of title 10, United States Code, as added by subsection (a).

Health Equity and Access for Returning Troops and Servicemembers Act or the HEARTS Act This bill extends TRICARE eligibility to certain former members of the Armed Forces regardless of whether they enroll (as required under current law) in Medicare's supplementary medical insurance program. Specifically, the bill applies to former members who are: (1) younger than 65 years of age, (2) medically retired from the Armed Forces, and (3) entitled to Medicare hospital insurance benefits on the basis of their former entitlement to disability insurance benefits under the Social Security Act. Furthermore, these former members shall not be subject to late-enrollment penalties under Medicare's supplemental medical insurance program. The Department of Defense must coordinate with the Department of Health and Human Services to: (1) identify former members to which the bill applies, (2) counsel those former members on the effects of declining to enroll in Medicare's supplemental medical insurance program, and (3) report to Congress on specified issues related to the bill's implementation.

Health Equity and Access for Returning Troops and Servicemembers Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Rural Health Clinic Patient Access and Improvement Act of 2009''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Rural health clinic reimbursement. Sec. 3. Rural health clinic quality reporting initiative. Sec. 4. Rural health clinic and community health center collaborative access expansion. Sec. 5. GAO report on diabetes education and medical nutrition therapy services. Sec. 6. Rural health clinic provider retention demonstration project. Sec. 7. Definition of rural health clinic. Sec. 8. Medicare Advantage plan payments. Sec. 9. Sense of the Senate regarding adequacy of network-based health plans. SEC. 2. RURAL HEALTH CLINIC REIMBURSEMENT. Section 1833(f) of the Social Security Act (42 U.S.C. 1395l(f)) is amended-- (1) in paragraph (1), by striking ``, and'' at the end and inserting a semicolon; (2) in paragraph (2)-- (A) by striking ``in a subsequent year'' and inserting ``after 1988 and before 2010''; and (B) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(3) in 2010, at $92 per visit; and ``(4) in a subsequent year, at the limit established under this subsection for the previous year increased by the percentage increase in the MEI (as defined in section 1842(i)(3)) applicable to primary care services (as defined in section 1842(i)(4)) furnished as of the first day of that year.''. SEC. 3. RURAL HEALTH CLINIC QUALITY REPORTING INITIATIVE. Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following new subsection: ``(x) Incentive Payments for Rural Health Clinic Quality Reporting.-- ``(1) In general.--The Secretary shall implement a system to provide incentive payments for the satisfactory reporting of data on quality measures by eligible professionals, as defined in subsection (k)(3)(B) of section 1848, who are employed by a rural health clinic or provide services in a rural health clinic through a contractual arrangement, similar to the reporting system for covered professional services as established under subsections (k) and (m) of such section. ``(2) Amount; duration.--Incentive payments in the amount of $2 per visit shall be made to rural health clinics with respect to eligible professionals who furnish rural health clinic services during the period beginning on January 1, 2010, and ending on December 31, 2013. ``(3) Payment from trust fund.--The incentive payments provided under this subsection shall be made available from the Federal Supplementary Medical Insurance Trust Fund under section 1841. ``(4) Payment limits.--Incentive payments made under this subsection shall not be subject to the payment limits established under subsection (f). ``(5) Single form.--The Secretary shall provide rural health clinics that participate in the quality reporting system under this subsection with a single form for submission of data on quality measures and reimbursement claim information. ``(6) Reporting.--Not later than December 31, 2012, the Secretary shall prepare and submit a report to Congress on the quality reporting system established under this subsection, including-- ``(A) the number and types of services involved in the system; ``(B) the number of rural health clinics participating in the system; ``(C) the overall quality of care that was delivered by the rural health clinics during this period; ``(D) the patient outcomes under the system; ``(E) recommendations for improving the system; and ``(F) any additional related matters that the Secretary determines appropriate.''. SEC. 4. RURAL HEALTH CLINIC AND COMMUNITY HEALTH CENTER COLLABORATIVE ACCESS EXPANSION. Section 330 of the Public Health Service Act (42 U.S.C. 254b) is amended by adding at the end the following: ``(s) Rule of Construction With Respect to Rural Health Clinics.-- ``(1) In general.--Nothing in this section shall be construed to prevent a community health center from contracting with a federally certified rural health clinic (as defined by section 1861(aa)(2) of the Social Security Act) for the delivery of primary health care services that are available at the rural health clinic to individuals who would otherwise be eligible for free or reduced cost care if that individual were able to obtain that care at the community health center. Such services may be limited in scope to those primary health care services available in that rural health clinic. ``(2) Assurances.--In order for a rural health clinic to receive funds under this section through a contract with a community health center under paragraph (1), such rural health clinic shall establish policies to ensure-- ``(A) nondiscrimination based upon the ability of a patient to pay; and ``(B) the establishment of a sliding fee scale for low-income patients.''. SEC. 5. GAO REPORT ON DIABETES EDUCATION AND MEDICAL NUTRITION THERAPY SERVICES. Not later than July 1, 2012, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report concerning the medical nutrition therapy counseling services provided by federally qualified health clinics. Such report shall specifically examine-- (1) the availability, health provider cost, reimbursement amount, and barriers to diabetes education and medical nutrition therapy services in federally qualified health clinics; (2) the availability, health provider cost, reimbursement amount, and quality outcomes of diabetes education and medical nutrition therapy services in rural and frontier areas; (3) the feasibility of implementing diabetes education and medical nutrition therapy services in rural health clinics; and (4) to the extent practical, analyze existing health outcomes and cost savings attributed to diabetes education and medical nutrition therapy services provided by federally qualified health centers and the potential health outcomes and cost savings if those services are offered in rural health clinics. SEC. 6. RURAL HEALTH CLINIC PROVIDER RETENTION DEMONSTRATION PROJECT. (a) In General.--The Secretary shall establish a demonstration project under which States are awarded grants to examine whether health care professionals can be recruited or retained to work in underserved rural areas by providing such professionals with medical malpractice subsidies. (b) Duration; Scope.--The demonstration project shall be conducted-- (1) for a 3-year period, beginning not later than January 1, 2011; and (2) in not more than 5 States. (c) State Application.--A State that desires to receive a grant under the demonstration project shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including adequate assurances that the State-- (1) promotes the establishment and continued maintenance of rural health clinics within the State; and (2) is working to improve access to primary care and other health care services for rural residents of the State. (d) State Selection.--In awarding grants to States under this section, the Secretary shall-- (1) ensure the participation of States with a diverse selection of rural health clinics, including clinics with 3 or less full-time equivalent physicians, physician assistants, and nurse practitioners; (2) ensure the participation of States that maintain both provider-based and independent rural health clinics; (3) give preference to States with existing State-funded medical malpractice subsidy programs; and (4) give preference to States with 15 or more rural health clinics. (e) Distribution of Grant Funds by States to Rural Health Clinics.-- (1) In general.--A State awarded a grant under the demonstration project shall, acting through the State Office of Rural Health, select not less than 5 rural health clinics to receive grant funds for the purpose of subsidizing medical malpractice insurance costs for health care professionals employed by such clinics. (2) Rural health clinic application.--A rural health clinic that desires to receive a grant from the State under the demonstration project shall submit to the State Office of Rural Health an application at such time, in such manner, and containing such information as the Secretary may require, including assurances that the clinic shall-- (A) provide access to health care services for all individuals, regardless of ability to pay; (B) establish a sliding fee scale for low-income patients; (C) make health care services available to individuals for not less than 20 hours per week; and (D) meet any other requirements established by the Secretary to ensure proper and efficient use of grant funds. (3) Required clinic participation.--A State awarded a grant under the demonstration project shall provide grant funds to at least 1 provider-based rural health clinic and at least 1 independent rural health clinic. (4) Distribution of grant funds.-- (A) In general.--Subject to paragraph (B), a State shall provide each rural health clinic participating in the demonstration project with the lesser of-- (i) $5,000; or (ii) 50 percent of the aggregate cost of malpractice insurance purchased by each physician, physician assistant, nurse practitioner, and certified nurse midwife (or purchased by the rural health clinic on behalf of each physician, physician assistant, nurse practitioner, and certified nurse midwife) who, on a weekly basis, provides patient care services at the rural health clinic for an average of not less than-- (I) 20 hours per week; or (II) 80 percent of the operational hours of the clinic. (B) Special rule for obstetrics and gynecology.-- Subject to subparagraph (C), in the case of a rural health clinic participating in the demonstration project that provides obstetrical services, a State shall provide such clinic with the lesser of-- (i) $10,000; or (ii) 50 percent of the aggregate cost of malpractice insurance purchased by each physician, physician assistant, nurse practitioner, and certified nurse midwife (or purchased by the rural health clinic on behalf of each physician, physician assistant, nurse practitioner, and certified nurse midwife) who provides obstetrical services at the rural health clinic. (C) Amount of obstetrical care.--The Administrator of the Office of Rural Health Policy of the Health Resources and Services Administration shall develop standards for the amount of obstetrical care that a rural health clinic would have to provide in order to qualify for a grant under subparagraph (B). (f) Reporting.-- (1) Annual evaluations and reports.--The Secretary, acting through the Administrator of the Office of Rural Health Policy of the Health Resources and Services Administration, shall provide for an annual evaluation of the demonstration project and submit to Congress a report on the status of the project. (2) Final evaluation and report.--Not later than 12 months after completion of the demonstration project, the Secretary, acting through the Administrator of the Office of Rural Health Policy of the Health Resources and Services Administration, shall prepare and submit to Congress a final report and evaluation of the project. The report shall include-- (A) an assessment of the effectiveness of the project at recruiting and retaining health care professionals in underserved rural areas; (B) an assessment of the feasibility and efficacy of an expansion of the project to all States; and (C) an evaluation of the project in comparison with an expansion of coverage under chapter 171 of title 28, United States Code (commonly referred to as the ``Federal Tort Claims Act'') to include rural health clinics as a means of recruiting and retaining health care professionals in underserved rural areas. (g) Definitions.--In this section: (1) Certified nurse midwife.--The term ``certified nurse midwife'' has the same meaning given such term in section 1861(gg)(2) of the Social Security Act (42 U.S.C. 1395x(gg)(2)). (2) Demonstration project.--The term ``demonstration project'' means the demonstration project conducted under this section. (3) Nurse practitioner; physician assistant; rural health clinic.--The terms ``nurse practitioner'', ``physician assistant'', and ``rural health clinic'' have the same meaning given such terms in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)). (4) Physician.--The term ``physician'' has the same meaning given such term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 7. DEFINITION OF RURAL HEALTH CLINIC. Section 1861(aa)(2) of the Social Security Act (42 U.S.C. 1395x(aa)(2)) is amended in the flush text by inserting before the last sentence the following: ``A facility that is in operation, that qualifies as a rural health clinic under this title or title XIX and that subsequently fails to satisfy the requirement in clause (i) that the clinic is not located in an urbanized area, shall, with respect to services furnished on or after the date of enactment of the Rural Health Clinic Patient Access and Improvement Act of 2009, be considered, for purposes of this title and title XIX, as still satisfying such requirement if it is determined that the clinic is located in an area defined by the State and certified by the Secretary as rural.''. SEC. 8. MEDICARE ADVANTAGE PLAN PAYMENTS. (a) In General.--Section 1857(e) of the Social Security Act (42 U.S.C. 1395w-27(e)) is amended by adding at the end the following: ``(4) Minimum payment rate for services furnished by a rural health clinic.--A contract under this section between a Medicare Advantage organization and the Secretary for the offering of a Medicare Advantage plan shall require the organization to provide for a payment rate under the plan for rural health clinic services furnished to enrollees of the plan (whether or nor the services are furnished pursuant to an agreement between the organization and a rural health clinic) that is not less than-- ``(A) the applicable payment rate established under part A or part B (which includes the payment of an interim rate and a subsequent cost reconciliation) with respect to the rural health clinic for such rural health clinic services; or ``(B) if the rural health clinic determines appropriate, 103 percent of the applicable interim payment rate established under part A or part B with respect to the rural health clinic for such rural health clinic services.''. (b) Effective Date.--The amendments made by this section shall apply to Medicare Advantage contract years beginning on or after January 1, 2010. SEC. 9. SENSE OF THE SENATE REGARDING ADEQUACY OF NETWORK-BASED HEALTH PLANS. It is the sense of the Senate that network-based health plans shall-- (1) be expected to provide a pool of health care professionals that is adequate to meet the needs of enrollees residing in rural and frontier areas; (2) ensure that enrollees residing in rural and frontier areas that have been designated by the Federal Government or a State government as lacking an adequate number of health care professionals are provided with reasonable access to an in- network provider; (3) make every effort to include as part of their provider network any State-licensed or certified health care professionals (particularly primary care and mental health professionals) that are available in many underserved rural and frontier areas; and (4) recognize that reliance on a physician-only network, or forcing enrollees to travel for more than 30 minutes to receive primary care or mental health services from a network provider, does not constitute an ``adequate'' network. The following distances should be used as guidelines in determining distances that correspond to a 30-minute travel time: (A) Under normal conditions with primary roads available: 20 miles. (B) In mountainous terrain or in areas with only secondary roads available: 15 miles. (C) In flat terrain or in areas connected by interstate highways: 25 miles.

Rural Health Clinic Patient Access and Improvement Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act with respect to rural health clinic reimbursement. Directs the Secretary of Health and Human Services (HHS) to make incentive payments to rural health clinic employees or contractors for satisfactory reporting of data on clinic quality measures. Amends the Public Health Service Act to allow a community health center to contract with a federally certified rural health clinic for the delivery of primary health care services to individuals who would otherwise be eligible for free or reduced cost care if they were able to obtain it at the community health center. Directs the Comptroller General to report to Congress on the diabetes education and medical nutrition therapy counseling services provided by federally qualified health clinics. Directs the Secretary to establish a demonstration project of grants to states to examine whether health care professionals can be recruited or retained to work in underserved rural areas by providing them with medical malpractice subsidies. States that a rural health clinic qualified under Medicare or Medicaid may be defined and certified by the Secretary as rural even if it fails to satisfy the requirement that it not be located in an urbanized area. Amends SSA title XVIII to establish the minimum Medicare Advantage plan payment rate for services furnished by a rural health clinic. Expresses the sense of the Senate concerning the adequacy of network-based health plans.

A bill to amend title XVIII of the Social Security Act to improve access to health care for individuals residing in underserved rural areas and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Toys for Kids Act''. SEC. 2. PURPOSE. The purpose of this Act and the amendments made by this Act is to prevent the introduction of dangerous toys and other products used by children into the marketplace by requiring independent third-party testing and certification that toys and other products intended for use by children comply with consumer product safety standards and rules before they enter the interstate stream of commerce. SEC. 3. CERTIFICATION OF COMPLIANCE OF CHILDREN'S PRODUCTS WITH CONSUMER PRODUCT SAFETY RULES. (a) Expansion of Certification Requirement.--Subsection (a) of section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) is amended-- (1) by redesignating paragraph (2) as paragraph (5); (2) in paragraph (1)-- (A) by striking ``Every manufacturer'' and inserting ``Except as provided in paragraph (2), every manufacturer''; and (B) by designating the second and third sentences as paragraphs (3) and (4), respectively, and indenting the margin of such paragraphs, as so designated, 2 ems from the left margin; (3) by inserting after paragraph (1) the following: ``(2) Every manufacturer of a children's product (and the private labeler of such product if it bears a private label) which is subject to a consumer product safety standard under this Act or a rule under this or any other Act administered by the Commission declaring a consumer product a banned hazardous product shall issue a certificate which shall certify that such product conforms to such consumer product safety standard or is not a banned hazardous product under such rule, and shall specify such consumer product safety standard or such rule.''; (4) in paragraph (3), as redesignated by paragraph (2)(B), by striking ``Such certificate shall'' and inserting ``A certificate required under this subsection shall''; and (5) in paragraph (5), as redesignated by paragraph (1)-- (A) by striking ``required by paragraph (1) of this subsection'' and inserting ``required by paragraph (1) or (2) (as the case may be)''; and (B) by striking ``requirement under paragraph (1)'' and inserting ``requirement under paragraph (1) or (2) (as the case may be)''. (b) Third-Party Certification Required.--Subsection 14(b) of the Consumer Product Safety Act (15 U.S.C. 2063(b)) is amended-- (1) by striking ``The Commission may'' and inserting ``(1) The Commission may''; (2) by designating the second sentence as paragraph (2) and indenting the margin of such paragraph, as so designated, 2 ems from the left margin; (3) in paragraph (2), as so designated, by striking ``Any test or'' and inserting ``Except as provided in paragraph (3), any test or''; and (4) by adding at the end the following: ``(3) In the case of a children's product, any test or testing program on the basis of which a certificate is issued under subsection (a)(2) shall be conducted by a nongovernmental independent third party qualified to perform such tests or testing programs.''. (c) Definition of Children's Products and Independent Third Party.--Section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) is amended by adding at the end the following: ``(d) Definitions.--In this section: ``(1) Children's product.--The term `children's product' means a toy or other article intended for use by a child under 60 months of age that is introduced into the interstate stream of commerce. In determining whether a toy or article is intended for use by a child under 60 months of age, the following factors shall be considered: ``(A) A statement by a manufacturer about the intended use of such toy or article, including a label on such toy or article, if such statement is reasonable. ``(B) The context and manner of the advertising, promotion, and marketing associated with the toy or article. ``(C) Whether the toy or article is commonly recognized by consumers as being intended for use by a child under 60 months of age. ``(D) The Age Determination Guideline issued by the Consumer Product Safety Commission in September 2002 and any subsequent version of such Guideline. ``(2) Independent third party.--The term `independent third party', with respect to a testing entity, means an independent testing entity that is physically separate from any manufacturer or private labeler whose product will be tested by such entity, and is not owned, managed, controlled, or directed by such manufacturer or private labeler.''. (d) Label and Certification.--Not later than 180 days after the date of the enactment of this Act, the Consumer Product Safety Commission shall prescribe a rule in accordance with subsection (c) of section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) for children's products described in subsection (d)(1) of such section, as added by subsection (c) of this section. (e) Website Listing of Certified Products.--The Consumer Product Safety Commission shall post and maintain current in a clear and conspicuous location on its Internet website a list of all children's products for which certificates have been issued under section 14(a)(2) of the Consumer Product Safety Act (15 U.S.C. 2063). SEC. 4. PROHIBITION ON IMPORTS OF CHILDREN'S PRODUCTS WITHOUT THIRD- PARTY TESTING CERTIFICATION. Section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066) is amended-- (1) in paragraph (4), by striking ``or'' at the end; (2) in paragraph (5), by striking the period at the end and inserting a semicolon and ``or''; and (3) by adding at the end the following: ``(6) is a children's product, as that term is defined in section 14(d), that is not accompanied by a certificate from a third-party verification entity required by section 14(a)(2).''. SEC. 5. PROHIBITED IMPORTS BASED ON MANUFACTURING SITE. Section 17 of the Consumer Product Safety Commission (15 U.S.C. 2066) is amended-- (1) in subsection (a)-- (A) in paragraph (4), by striking ``or''; (B) in paragraph (5), by striking the period and inserting ``; or''; and (C) by adding at the end the following: ``(6) is a product that was manufactured in a facility that the Commission has designated under subsection (i) a `banned manufacturing site'.''; and (2) by adding at the end the following: ``(i)(1) The Commission may, by rule, designate as a banned manufacturing site any factory, warehouse, or other facility in which consumer products are manufactured, if the Commission determines-- ``(A) such factory, warehouse, or other facility has regularly produced consumer products which fail to comply with any applicable consumer product safety standard; or ``(B) upon inspection by the Commission, that such factory, warehouse, or other facility engages in acts or practices which are likely to result in the production of imminently hazardous consumer products. ``(2) The designation under paragraph (1) shall be for such period of time as the Commission shall determine. ``(3) The Commission shall post in a clear and conspicuous location on its Internet website-- ``(A) the names and location of each factory, warehouse, or other facility that the Commission designates a banned manufacturing site; and ``(B) the names of all products produced at each factory, warehouse, or other facility.''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR CPSC. (a) Authorization of Appropriations.--Section 32(a) of the Consumer Product Safety Commission (15 U.S.C. 2081(a)) is amended by striking ``, not to exceed'' and all that follows through paragraph (2) and inserting ``such sums as may be necessary''. (b) Sense of Congress.--It is the sense of Congress that-- (1) the Consumer Product Safety Commission should have at least 1 full-time inspector at each port of entry to the United States; (2) that such inspectors should work closely with Customs officials and other Federal officials who monitor imported products; and (3) that sufficient amounts should be appropriated to the Commission to enable the Commission to increase the number of full time inspectors to at least 340.

Safe Toys for Kids Act - Amends the Consumer Product Safety Act to require every manufacturer (and any related private labeler) of an article for use by a child under 60 months of age which is subject to a consumer product safety standard or a rule under any Act administered by the Consumer Product Safety Commission (CPSC) declaring a consumer product a banned hazardous product to certify, based on testing conducted by a nongovernmental independent third party, that the product conforms to such standard or is not a banned hazardous product. Bars importation of such articles lacking independent third party certification. Allows the CPSC, by rule, to designate as a banned manufacturing site any facility in which consumer products are manufactured that has regularly produced consumer products which fail to comply with any applicable consumer product safety standard or engages in acts or practices likely to result in the production of imminently hazardous consumer products. Prohibits imports from banned sites.

To amend the Consumer Product Safety Act to require independent safety certification of children's products, to increase the Consumer Product Safety Commission's inspection capability for imported products, and to prohibit hazardous imports based on manufacturing site, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Engagement at FERC Act''. SEC. 2. OFFICE OF PUBLIC PARTICIPATION AND CONSUMER ADVOCACY. Section 319 of the Federal Power Act (16 U.S.C. 825q-1) is amended to read as follows: ``SEC. 319. OFFICE OF PUBLIC PARTICIPATION AND CONSUMER ADVOCACY. ``(a) Definitions.--In this section: ``(1) Advisory committee.--The term `Advisory Committee' means the Public and Consumer Advocacy Advisory Committee established under subsection (f)(1). ``(2) Energy customer.--The term `energy customer' means a residential customer or a small commercial customer that receives products or services from-- ``(A) a public utility or natural gas company under the jurisdiction of the Commission; or ``(B) an electric cooperative. ``(3) Natural gas company.--The term `natural gas company' has the meaning given the term `natural-gas company' in section 2 of the Natural Gas Act (15 U.S.C. 717a), as modified by section 601(a)(1)(C) of the Natural Gas Policy Act of 1978 (15 U.S.C. 3431(a)(1)(C)). ``(4) Office.--The term `Office' means the Office of Public Participation and Consumer Advocacy established by subsection (b). ``(5) Public utility.--The term `public utility' has the meaning given the term in section 201(e). ``(b) Establishment.--There is established within the Commission an office, to be known as the `Office of Public Participation and Consumer Advocacy'. ``(c) Director.-- ``(1) In general.--The Office shall be headed by a Director, to be appointed by the President by and with the advice and consent of the Senate from among individuals who-- ``(A) are licensed attorneys admitted to the bar of-- ``(i) any State; or ``(ii) the District of Columbia; and ``(B) have experience relating to public utility proceedings. ``(2) Duties.--The Director shall coordinate assistance made available to-- ``(A) the public, with respect to authorities exercised by the Commission; and ``(B) individuals and entities intervening or participating, or proposing to intervene or participate, in proceedings before the Commission. ``(3) Compensation and powers.-- ``(A) Compensation.--The Director 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. ``(B) Powers.--The Director may-- ``(i) employ at the Office-- ``(I) not more than 125 full-time professional employees at appropriate levels of the General Schedule; and ``(II) such additional support personnel as the Director determines to be necessary; and ``(ii) procure for the Office such temporary and intermittent services as the Director determines to be necessary. ``(d) Powers of Office.--The Office may-- ``(1) intervene, appear, and participate, in accordance with this section, in administrative, regulatory, or judicial proceedings on behalf of energy customers with respect to any matter concerning the rates, charges, prices, tariffs, or service of public utilities and natural gas companies, or natural gas siting and infrastructure development, under the jurisdiction of the Commission by representing the interests of the energy customers-- ``(A) on any matter before the Commission concerning rates or service of such a public utility or natural gas company; or ``(B) as amicus curiae in-- ``(i) a review in any United States court of a ruling by the Commission in such a matter; or ``(ii) a hearing or proceeding in any other Federal regulatory agency or commission relating to such a matter; ``(2) support public participation in the siting and permitting of natural gas storage and distribution infrastructure under the jurisdiction of the Commission; ``(3) monitor and review energy customer complaints and grievances on matters concerning rates or service of public utilities and natural gas companies under the jurisdiction of the Commission; ``(4) investigate independently, or within the context of a formal proceeding, the services provided by, the rates charged by, and the valuation of the properties of, public utilities and natural gas companies under the jurisdiction of the Commission; ``(5) employ means, such as public dissemination of information, consultative services, and technical assistance, to ensure, to the maximum extent practicable, that the interests of energy customers are adequately represented in the course of any hearing or proceeding described in paragraph (1); ``(6) collect data concerning rates or service of public utilities and natural gas companies under the jurisdiction of the Commission; ``(7) prepare and issue reports and recommendations; and ``(8) take such other actions as the Director of the Office determines to be necessary to ensure just and reasonable rates for energy customers. ``(e) Information From Federal Departments and Agencies.-- ``(1) In general.--The Director of the Office may secure directly from a Federal department or agency such information as the Director considers to be necessary to carry out this section. ``(2) Provision of information.--On request of the Director under paragraph (1), the head of a Federal department or agency shall provide the information to the Office, to the extent practicable and authorized by law. ``(f) Public and Consumer Advocacy Advisory Committee.-- ``(1) Establishment.--The Director of the Office shall establish an advisory committee, to be known as the `Public and Consumer Advocacy Advisory Committee'-- ``(A) to review rates, services, and disputes; and ``(B) to make recommendations to the Director. ``(2) Composition.--The Advisory Committee shall-- ``(A) be composed of such members as the Director determines to be appropriate; but ``(B) include not fewer than-- ``(i) 2 individuals representing State utility consumer advocates; and ``(ii) 1 individual representing a nongovernmental organization that represents consumers. ``(3) Meetings.--The Advisory Committee shall meet at such frequency as is required to carry out the duties of the Advisory Committee. ``(4) Reports.--The Director shall publish the recommendations of the Advisory Committee on the public Internet website established for the Office. ``(5) Duration.--Notwithstanding any other provision of law, the Advisory Committee shall continue in operation during the period for which the Office exists. ``(6) Application of faca.--Except as otherwise specifically provided, the Advisory Committee shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(g) Reports and Guidance.--As the Director of the Office determines to be appropriate, the Office shall issue to the Commission and entities subject to regulation by the Commission reports and guidance-- ``(1) regarding market practices; ``(2) proposing improvements in Commission monitoring of market practices; and ``(3) addressing potential improvements to industry and Commission practices. ``(h) Outreach.--The Office shall promote, through outreach, publications, and, as appropriate, direct communication with entities regulated by the Commission-- ``(1) improved compliance with Commission rules and orders; and ``(2) public participation in the siting and permitting of natural gas storage and distribution infrastructure under the jurisdiction of the Commission. ``(i) Compensation to Eligible Recipients for Intervention or Participation.-- ``(1) Definition of eligible recipient.--In this subsection, the term `eligible recipient' means an individual or entity-- ``(A) that intervenes or participates in any proceeding before the Commission; ``(B) the intervention or participation of which substantially contributed to the approval, in whole or in part, of a position advocated by the individual or entity in the proceeding; and ``(C) that is-- ``(i) an individual; ``(ii) an energy customer; or ``(iii) a representative of the interests of energy customers. ``(2) Compensation.--Subject to paragraph (3), the Commission, in accordance with regulations promulgated by the Commission, may provide to any eligible recipient compensation for reasonable attorney fees, expert witness fees, and other costs of intervening or participating in the applicable proceeding before the Commission. ``(3) Requirement.--The Commission may only provide compensation under paragraph (2) if the Commission determines that-- ``(A) the applicable proceeding is significant; ``(B) the compensation is approved by the Advisory Committee; and ``(C) the intervention or participation by the eligible recipient in the proceeding without receipt of compensation constitutes a significant financial hardship to the eligible recipient. ``(j) Savings Clause.--Nothing in this section restricts or otherwise affects-- ``(1) any right or obligation of an intervenor, participant, State utility consumer advocate, energy customer, or group of energy customers under any other applicable provision of law (including regulations); or ``(2) the work of Commission trial staff in representing the public interest and pursuing appropriate resolutions in contested matters before the Commission. ``(k) Funding.--Of the amounts received by the Commission for fiscal year 2017 and each fiscal year thereafter as a result of any fee imposed by the Commission, the Commission shall use such sums as are necessary to establish and provide for the operation of the Office under this section.''.

Public Engagement at FERC Act This bill amends the Federal Power Act to revise and expand the Office of Public Participation in the Federal Energy Regulatory Commission (FERC)and rename it as the Office of Public Participation and Consumer Advocacy. The office may participate in FERC proceedings on rates, service, and infrastructure siting to represent the interests of the public and issue guidance for potential improvements to industry and FERC practices. Additionally, the office must establish a Public and Consumer Advocacy Advisory Committee to review rates, services, and disputes and make recommendations to the office.

Public Engagement at FERC Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Savings Enhancement Act of 2001''. SEC. 2. IMPROVED ENFORCEMENT AUTHORITY. Section 270 of the Truth in Savings Act (12 U.S.C. 4309) is amended by adding at the end the following new subsection: ``(d) State Action for Violations.-- ``(1) Authority of the states.--In addition to such other remedies as are provided under State law, if the attorney general of a State, or an officer authorized by the State, has reason to believe that any depository institution has violated or is violating this subtitle, the State may-- ``(A) bring an action on behalf of the residents of the State to enjoin such violation in any appropriate United States district court or in any other court of competent jurisdiction; and ``(B) bring an action on behalf of the residents of the State to enforce compliance with this subtitle, to obtain damages, restitution, or other compensation on behalf of the residents of such State, or to obtain such further and other relief as the court may deem appropriate. ``(2) Rights of federal agencies.-- ``(A) Notice.--The State shall serve prior written notice of any action commenced under paragraph (1) with respect to any depository institution upon the Federal agency described in subsection (a) with respect to such depository institution and shall provide such agency with a copy of the complaint unless such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. ``(B) Intervening action.--Any agency described in subsection (a) which receives a notice from a State under subparagraph (A) with respect to any action described in such subparagraph shall have the right-- ``(i) to move to stay the action, pending the final disposition of a pending Federal matter as described in paragraph (4); ``(ii) to intervene in an action under paragraph (1); ``(iii) upon so intervening, to be heard on all matters arising therein; ``(iv) to remove the action to the appropriate United States district court; and ``(v) to file petitions for appeal. ``(3) Investigatory powers.--For purposes of bringing any action under this subsection, nothing in this subsection shall prevent the attorney general, or officers of such State who are authorized by such State to bring such actions, from exercising the powers conferred on the attorney general or such officers by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ``(4) Limitation on state action while federal action is pending.--If any Federal agency described in subsection (a) has instituted an enforcement action for a violation of this subtitle, no State may, during the pendency of such action, bring an action under this subsection against any depository institution named in the enforcement action for any violation of this subtitle that is alleged in that action.''. SEC. 3. CIVIL LIABILITY PROVISIONS. (a) Civil Liability Provision Continued in Effect.-- (1) In general.--Subsection (a) of section 2604 of Public Law 104-208 (110 Stat. 3009--470) is amended to read as follows: ``(a) [Repealed]''. (2) Rule of construction.--The enactment of section 2604(a) of Public Law 104-208, as in effect prior to the repeal of such section by paragraph (1) of this subsection) shall not be construed as affecting the continued application of section 271 of the Truth in Savings Act (12 U.S.C. 4310) after the end of the 5-year period beginning on the date of the enactment of Public Law 104-208. (b) Adjustment of Civil Liability Amounts for Inflation.--Paragraph (2) of section 271(a) of the Truth in Savings Act (12 U.S.C. 4310(a)) is amended-- (1) in subparagraph (A)-- (A) by striking ``$100'' and inserting ``$200''; and (B) by striking ``$1,000'' and inserting ``$5,000''; and (2) in subparagraph (B)(ii), by striking ``lesser of $500,000 or 1 percent of the net worth of the depository institution involved'' and inserting ``the greater of-- ``(I) the amount determined by multiplying the maximum amount of liability under subparagraph (A) for such failure to comply in an individual action by the number of members in the certified class; or ``(II) the amount equal to 2 percent of the net worth of the depository institution.''. (c) Statute of Limitations.--Subsection (f) of section 271 of the Truth in Savings Act (12 U.S.C. 4310(e)) is amended by striking ``within 1 year after the date of the occurrence of the violation involved'' and inserting ``before the end of the 1-year period beginning on the later of-- ``(1) the date of the occurrence of the violation involved; or ``(2) the date on which the customer first learned, or reasonably should have learned, based on all the facts and circumstances and information available to the public, of the violation.''. (d) Access to Court Provision.--Section 271 of the Truth in Savings Act (12 U.S.C. 4310) is amended by adding at the end the following new subsection: ``(j) Availability of Statutory Remedies.-- ``(1) In general.--No provision of any agreement or contract between a consumer and any depository institution, relating to a deposit account, which requires binding arbitration or any other nonjudicial procedure to resolve any controversy or settle any claim arising out of such contract or any transaction covered by the contract, or the refusal to perform the whole or any part of the transaction, shall be enforceable to the extent that the construction or application of such provision with respect to such controversy, claim, or refusal would deny the consumer the right to bring any action under this section or any other provision of this subtitle for any liability of the depository institution to the consumer under this subtitle. ``(2) Rule of construction.--Paragraph (1) shall not be construed as creating any inference that any provision of any contract or agreement described in such paragraph could be construed so as to deny any consumer the right to bring an action under this subtitle absent this subsection.''. SEC. 4. EFFECT ON STATE LAW. Section 273 of the Truth in Savings Act (12 U.S.C. 4312) is amended by adding at the end the following new sentence: ``The Board may not determine that any State law is inconsistent with any provision of this subtitle if the Board determines that the protection such State law affords any consumer is greater than the protection provided by this subtitle.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act to the Truth in Savings Act shall take effect at the end of the 60-day period beginning on the date of the enactment of this Act.

Truth in Savings Enhancement Act of 2001 - Amends the Truth in Savings Act (TSA) to authorize State authorities to bring an action in a U.S. district court for injunctive relief to enforce compliance with its disclosure requirements for interest rates and fees on depository institution accounts.Amends the Omnibus Consolidated Appropriations Act, 1997 to repeal its repeal of the civil liability provisions of the TSA (thus reinstating civil liability sanctions with respect to non-compliant depository institutions).Revises the statute of limitations for civil actions against non-compliant depository institutions to allow it to run for one year from the later of the date the violation occurred (as under current law) or the date on which the customer first learned, or reasonably should have learned, based on all facts and information available to the public, of the violation.

To amend the Truth in Savings Act to enhance civil liability and other enforcement, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``California Coastal Protection and Louisiana Energy Enhancement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible lease.--The term ``eligible lease'' means any of the 40 leases on the Outer Continental Shelf off the coast of California that-- (A) were issued between 1968 and 1984 under section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337); and (B) are nonproducing as of January 1, 2002. (2) Eligible lessee.--The term ``eligible lessee'' means the lessee under an eligible lease. (3) Preserve.--The term ``preserve'' means the ecological preserve established under section 3(b). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. REDIRECTION OF NONPRODUCING OIL AND GAS LEASES TO LESS ENVIRONMENTALLY SENSITIVE AREAS ON THE OUTER CONTINENTAL SHELF. (a) Lease Cancellation and Credits.-- (1) Offer.--Not later than 30 days after the date of enactment of this Act, the Secretary shall make an offer to all eligible lessees to issue credits in exchange for the cancellation of all eligible leases in accordance with this subsection. (2) Acceptance.--To accept the offer of the Secretary under paragraph (1) with respect to an eligible lease, an eligible lessee shall submit to the Secretary a written agreement that if all eligible lessees accept the offer and credits are issued under paragraph (3), the eligible lessee-- (A) will dismiss any civil action brought by the eligible lessee against the United States relating to the eligible lease that is pending as of the date of cancellation of the eligible lease; and (B) waives the right to bring any further civil action regarding the eligible lease after that date. (3) Issuance of credits.--If, not later than 60 days after the date of the offer under paragraph (1), all eligible lessees accept the offer in accordance with paragraph (2), the Secretary shall-- (A) cancel all eligible leases; and (B) issue to each eligible lessee credits in the amount determined under paragraph (4). (4) Amount.-- (A) In general.--For each eligible lease, the Secretary shall issue credits in an amount equal to the sum of-- (i) the amount of consideration paid to the Federal Government for the eligible lease; and (ii) the difference between-- (I) the amount of direct expenditures made after the date of issuance of the eligible lease in connection with the exploration and development of the eligible lease; and (II) the amount of revenues earned from the eligible lease before the date of cancellation. (B) Exclusions.--The potential value of oil and gas resources associated with the eligible leases shall not be a factor in determining the amount of credits under subparagraph (A). (5) Use of credits.-- (A) In general.--Credits issued under paragraph (3)-- (i) subject to subparagraph (C), may be used-- (I) to bid on lease sales in the Western and Central Planning Areas of the Gulf of Mexico; or (II) to make royalty payments on production for oil and gas resources in those planning areas in existence as of the date of enactment of this Act; or (ii) may be sold or transferred in accordance with paragraph (6). (B) Acceptance of credits.-- (i) In general.--The Secretary shall accept credits issued under paragraph (3) in the same manner as-- (I) cash for the payment of a cash bonus bid for leases issued in the Western and Central Planning Areas of the Gulf of Mexico under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); or (II) royalty payments on oil and gas production in the Western and Central Planning Areas of the Gulf of Mexico in existence as of the date of enactment of this Act. (ii) Exception.--The Secretary shall not accept credits issued under paragraph (3) for an activity in an area-- (I) that is subject to a leasing moratorium; or (II) in which leasing is otherwise prohibited as of the date of enactment of this Act. (C) Limitation.--In any 1 fiscal year, the Secretary shall accept credits in an amount no greater than 25 percent of the total amount of credits issued under paragraph (3). (6) Sale or transfer.-- (A) In general.--An eligible lessee may transfer or sell any credits issued under paragraph (3) to any other person qualified to hold leases under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). (B) Requirements.--A sale or transfer of credits under subparagraph (A) shall be subject to-- (i) this Act; and (ii) any other terms to which the lessee and the transferee may agree. (C) Limitations.--Credits transferred or sold under subparagraph (A) shall be accepted in accordance with paragraph (5)(B). (D) Notification.-- (i) In general.--Not later than 30 days after the date on which an eligible lessee transfers or sells any credits, the eligible lessee shall notify the Secretary of the transfer or sale. (ii) Validity.--A transfer or sale of a credit shall not be valid until the date on which the Secretary receives notification under clause (i). (7) No additional compensation.--An eligible lessee that participates in the cancellation of an eligible lease under this Act-- (A) shall be considered to be fully compensated for the value of the eligible lease; and (B) shall not be eligible to seek additional compensation from the Federal Government for the eligible lease. (8) Effect.--Nothing in this Act constitutes a findings by Congress, or should be understood to be based on a finding by Congress, that-- (A) actions by the Federal Government involving the eligible leases before the date of enactment of this Act constituted a breach of contract; or (B) the eligible leases have any particular value. (b) Ecological Preserve.-- (1) In general.--Outer Continental Shelf land for which an eligible lease is canceled under subsection (a) shall-- (A) be permanently withdrawn from all forms of disposition, including mineral leasing; and (B) be reserved as an ecological preserve to protect traditional fishing areas and to provide conservation, scientific, and recreational benefits. (2) Management.-- (A) In general.--The Secretary shall manage the preserve in a manner consistent with the management of the Santa Barbara Channel Ecological Preserve in the State of California. (B) Coordination with secretary of commerce.--The Secretary shall coordinate management activities relating to any portion of the preserve that is adjacent to a national marine sanctuary with the Secretary of Commerce. (3) Buffer zone.--Not later than 1 year after the date of establishment of the preserve, the Secretary shall determine whether Outer Continental Shelf land adjacent to the preserve should be withdrawn from all forms of disposition, including mineral leasing, to serve as a buffer zone.

California Coastal Protection and Louisiana Energy Enhancement Act - Directs the Secretary of the Interior to make an offer to certain lessees to issue credits in exchange for: (1) the cancellation of specified leases on the Outer Continental Shelf off the coast of California that are nonproducing as of January 1, 2002; and (2) dismissal of any civil actions, or waiver of the right to bring them, by the eligible lessees against the United States relating to pending eligible leases.Authorizes the use of such credits to: (1) bid on lease sales in the Western and Central Planning Areas of the Gulf of Mexico; (2) make royalty payments on production for oil and gas resources in those planning areas in existence as of the enactment of this Act; or (3) sell or transfer them in accordance with certain requirements.States that the Outer Continental Shelf land for which an eligible lease is canceled shall be: (1) permanently withdrawn from all forms of disposition, including mineral leasing; and (2) reserved as an ecological preserve to protect traditional fishing areas and to provide conservation, scientific, and recreational benefits.

A bill to reacquire and permanently protect certain leases on the Outer Continental Shelf off the coast of California by issuing credits for new energy production in less environmentally sensitive areas in the Western and Central Planning Areas of the Gulf of Mexico.

SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``California Coastal National Monument Expansion Act of 2012''. (b) Definitions.--In this Act: (1) Map.--The term ``map'' means the map created by the Bureau of Land Management, entitled ``California Coastal National Monument Addition'' and dated September 15, 2012. (2) Monument.--The term ``Monument'' means the California Coastal National Monument established by Presidential Proclamation 7264. (3) Point arena-stornetta public lands.--The term ``Point Arena-Stornetta Public Lands'' means the Federal land comprising approximately 1,255 acres in Mendocino County, California, as generally depicted on the map. (4) Presidential proclamation 7264.--The term ``Presidential Proclamation 7264'' means Presidential Proclamation Number 7264, dated January 11, 2000 (65 Fed. Reg. 2821). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) the Point Arena-Stornetta Public Lands contain significant natural resources, including important wildlife habitat, several riparian corridors, extensive wetlands, ponds and other water sources, cypress groves, meadows, and sand dunes that should be preserved for present and future generations; (2) the ocean and coastal ecosystems adjacent to the Point Arena-Stornetta Public Lands are internationally recognized as significant centers of coastal upwelling that support the diverse, abundant, and productive marine ecosystems and wildlife underlying the local economy and identity of coastal communities; (3) the Point Arena-Stornetta Public Lands tell an important story about the coastal prehistory and history of California in the context of the surrounding region and communities; (4) the coastal area surrounding the Point Arena-Stornetta Public Lands was traditionally used by Indian people, including the Pomo Indian tribes; (5) the Point Arena-Stornetta Public Lands are historically associated with adjacent land managed for the enjoyment of current and future generations, including the Arena Rock Marine Natural Preserve, and Manchester Beach State Park; (6) the Point Arena-Stornetta Public Lands represent a model partnership where future management can be successfully accomplished among the Federal Government, State of California, Mendocino County, local communities, and private groups; (7) permanent protection of the Point Arena-Stornetta Public Lands will provide important economic benefits to surrounding communities, and has broad public support; (8) the Point Arena-Stornetta Public Lands would make a significant addition to the California Coastal National Monument and National Landscape Conservation System administered by the Bureau of Land Management of the Department of the Interior; and (9) statutory protection is necessary to ensure that the Point Arena-Stornetta Public Lands remain a part of the historical, cultural, and natural heritage of the United States and a source of inspiration for the people of the United States. (b) Purpose.--The purpose of this Act is to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of the Point Arena-Stornetta Public Lands, while allowing certain recreational and research activities to continue. SEC. 3. EXPANSION OF CALIFORNIA COASTAL NATIONAL MONUMENT. (a) In General.--The boundary of the Monument established by Presidential Proclamation 7264 is expanded to include the Federal land shown on the map. (b) Map and Legal Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and boundary description of land added to the Monument by this Act. (2) Force and effect.--The map and boundary description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the map and boundary descriptions. (3) Availability of map and boundary description.--The map and boundary description filed under paragraph (1) shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall manage the land added to the Monument by this Act-- (1) as a part of the Monument; and (2) in accordance with Presidential Proclamation 7264. (b) Management Plan.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall finalize an amendment to the Monument management plan for the long-term protection and management of the land added to the Monument by this Act. (2) Requirements.--The plan amendment shall-- (A) be developed with an opportunity for full public participation; and (B) describe the appropriate uses and management of the land consistent with this Act. (c) Motorized and Mechanized Transport.--Except as needed for emergency or authorized administrative purposes, the use of motorized and mechanized vehicles in the Monument shall be permitted only on roads and trails designated for that use. (d) Incorporation of Land and Interests.-- (1) Authority.--The Secretary may acquire non-Federal land or interests in land within or adjacent to the land added to the Monument by this Act only through exchange, donation, or purchase from a willing seller. (2) Management.--Any land or interests in land within or adjacent to the land added to the Monument by this Act acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the Monument. (e) Overflights.--Nothing in this Act-- (1) restricts or precludes overflights, including low-level overflights or military, commercial, and general aviation overflights that can be seen or heard within the land added to the Monument by this Act; (2) restricts or precludes the designation or creation of new units of special use airspace or the establishment of military flight training routes over the land added to the Monument by this Act; or (3) modifies regulations governing low-level overflights above the adjacent Gulf of the Farallones National Marine Sanctuary. (f) Law Enforcement.--Nothing in this Act effects the law enforcement authorities of the Department of Homeland Security. (g) Native American Uses.--Nothing in this Act enlarges, diminishes, or modifies the rights of any Indian tribe or Indian religious community. (h) Buffer Zones.-- (1) In general.--The expansion of the Monument is not intended to lead to the establishment of protective perimeters or buffer zones around the land included in the Monument by this Act. (2) Activities outside the monument.--The fact that activities outside the Monument can be seen or heard within the land added to the Monument by this Act shall not, of itself, preclude those activities or uses up to the boundary of the Monument. (i) Grazing.--Nothing in this Act affects the grazing of livestock within the Point Arena-Stornetta Public Lands. (j) National Landscape Conservation System.--The Secretary shall manage the Monument as part of the National Landscape Conservation System.

California Coastal National Monument Expansion Act of 2012 - Expands the boundary of the California Coastal National Monument, established by Presidential Proclamation 7264, to include the Point Arena-Stornetta public lands in Mendocino County, California. Requires management of such lands: (1) in accordance with such Proclamation, and (2) as part of the Monument. Instructs the Secretary of the Interior to finalize an amendment to the Monument's management plan for the long-term protection and management of the lands added to the Monument under this Act. Permits the use of motorized and mechanized vehicles in the Monument only on roads and trails designated for their use. Specifies this Act's effect on: (1) aviation overflights, special use airspace, or military flight training routes; (2) low-level overflights above the adjacent Gulf of the Farallones National Marine Sanctuary; (3) Department of Homeland Security (DHS) law enforcement authorities; (4) the rights of Indian tribes and Indian religious communities; (5) protective perimeters and buffer zones; and (6) livestock grazing. Requires management of the Monument as part of the National Landscape Conservation System.

A bill to include the Point Arena-Stornetta Public Lands in the California Coastal National Monument as a part of the National Landscape Conservation System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Economic Opportunity Administration Act of 2009''. SEC. 2. ESTABLISHMENT OF VETERANS ECONOMIC OPPORTUNITY ADMINISTRATION OF DEPARTMENT OF VETERANS AFFAIRS. (a) Economic Opportunity Administration.--Part V of title 38, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 80--VETERANS ECONOMIC OPPORTUNITY ADMINISTRATION ``8001. Organization of Administration. ``8002. Functions of Administration. ``8003. Office of Small and Disadvantaged Business Utilization. ``Sec. 8001. Organization of Administration ``(a) Veterans Economic Opportunity Administration.--There is in the Department of Veterans Affairs a Veterans Economic Opportunity Administration. The primary function of the Veterans Economic Opportunity Administration is the administration of the programs of the Department which provide assistance related to economic opportunity to veterans and their dependents and survivors. ``(b) Under Secretary for Economic Opportunity.--The Veterans Economic Opportunity Administration is under the Under Secretary for Veterans Economic Opportunity, who is directly responsible to the Secretary for the operations of the Administration. ``Sec. 8002. Functions of Administration ``The Veterans Economic Opportunity Administration is responsible for the administration of the following programs of the Department: ``(1) Vocational rehabilitation and employment programs. ``(2) Educational assistance programs. ``(3) Veterans' housing loan and related programs. ``(4) Veterans entrepreneurship programs. ``(5) Programs for homeless veterans. ``Sec. 8003. Office of Small and Disadvantaged Business Utilization ``Notwithstanding section 15(k) of the Small Business Act (15 U.S.C. 644(k)), the head of the Office of Small and Disadvantaged Business Utilization shall report directly to both the Secretary and the Under Secretary for Veterans Economic Opportunity.''. (b) Clerical Amendments.--The tables of chapters at the beginning of title 38, and of part V of title 38, are each amended by inserting after the item relating to chapter 79 the following new item: ``80. Veterans Economic Opportunity Administration.......... 8001''. SEC. 3. UNDER SECRETARY FOR VETERANS ECONOMIC OPPORTUNITY. (a) Under Secretary.--Chapter 3 of title 38, United States Code, is amended by inserting after section 306 the following new section: ``Sec. 306A. Under Secretary for Veterans Economic Opportunity ``(a) Under Secretary.--There is in the Department an Under Secretary for Veterans Economic Opportunity, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary for Veterans Economic Opportunity shall be appointed without regard to political affiliation or activity and solely on the basis of demonstrated ability in-- ``(1) fiscal management; and ``(2) the administration of programs within the Veterans Economic Opportunity Administration or programs of similar content and scope. ``(b) Responsibilities.--The Under Secretary for Veterans Economic Opportunity is the head of, and is directly responsible to the Secretary for the operations of, the Veterans Economic Opportunity Administration. ``(c) Vacancies.--(1) Whenever a vacancy in the position of Under Secretary for Veterans Economic Opportunity occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position. ``(2) A commission established under this subsection shall be composed of the following members appointed by the Secretary: ``(A) Three persons representing education and training, vocational rehabilitation, employment, real estate, mortgage finance and related industries, and survivor benefits activities affected by the Veterans Economic Opportunity Administration. ``(B) Two persons representing veterans served by the Veterans Economic Opportunity Administration. ``(C) Two persons who have experience in the management of veterans benefits programs or programs of similar content and scope. ``(D) The Deputy Secretary of Veterans Affairs. ``(E) The chairman of the Veterans' Advisory Committee on Education formed under section 3692 of this title. ``(F) One person who has held the position of Under Secretary for Veterans Economic Opportunity, if the Secretary determines that it is desirable for such person to be a member of the commission. ``(3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Veterans Economic Opportunity. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment. ``(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection. ``(d) Qualifications of Recommended Individuals.--Each individual recommended to the President by the commission for appointment to the position of Under Secretary for Veterans Economic Opportunity shall be an individual who has held a senior level position in the private sector with responsibilities relating to at least one of the following: ``(1) Education policy. ``(2) Vocational rehabilitation. ``(3) Employment. ``(4) Home loan finance. ``(5) Small business development.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 306 the following new item: ``306A. Under Secretary for Veterans Economic Opportunity.''. (c) Conforming Amendments.--Such title is further amended-- (1) in section 7701(a), by inserting after ``assistance'' the following: ``, other than assistance related to economic opportunity,''; (2) in section 7703, by striking paragraphs (2) and (3) and redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; (3) in section 306(c)(2), by striking subparagraphs (A) and (E) and redesignating subparagraphs (B), (C), (D), and (F), as subparagraphs (A) through (D), respectively; (4) in section 317(d), by inserting after ``Under Secretary for Benefits'' the following: ``, the Under Secretary for Veterans Economic Opportunity,''; (5) in section 318(d)(2), by inserting after ``Under Secretary for Benefits'' the following: ``, the Under Secretary for Veterans Economic Opportunity,''; (6) in section 516(e)(2)(C), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity''; (7) in section 541(a)(2)(B), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity''; (8) in section 542(a)(2)(A)(iii), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity''; (9) in section 544(a)(2)(B)(vi), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity''; and (10) in section 709(c)(2)(A), by inserting after ``Under Secretary for Benefits'' the following: ``, the Under Secretary for Veterans Economic Opportunity,''. SEC. 4. DEPARTMENT OF VETERANS AFFAIRS-DEPARTMENT OF LABOR-SMALL BUSINESS ADMINISTRATION JOINT EXECUTIVE COMMITTEE ON ECONOMIC OPPORTUNITY. (a) Establishment.--Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 323. Department of Veterans Affairs-Department of Labor-Small Business Administration Joint Executive Committee on Economic Opportunity ``(a) Establishment.--(1) There is established an interagency committee to be known as the Department of Veterans Affairs-Department of Labor-Small Business Administration Joint Executive Committee on Economic Opportunity (hereinafter in this section referred to as the `Committee'). ``(2) The Committee is composed of-- ``(A) the Under Secretary of Veterans Affairs for Veterans Economic Opportunity; ``(B) the Director of Homeless Programs of the Department of Veterans Affairs; ``(C) the Assistant Secretary of Labor for Veterans Employment and Training; and ``(D) the Associate Administrator of the Small Business Administration for Veterans Business Development. ``(b) Administrative Matters.--(1) The Deputy Secretary of Veterans Affairs, the Under Secretary of Labor, and the Administrator of the Small Business Administration shall jointly determine the administrative and procedural guidelines for the operation of the Committee. ``(2) The two Departments and the Small Business Administration shall supply appropriate staff and resources to provide administrative support and services. Support for such purposes shall be provided at a level sufficient for the efficient operation of the Committee. ``(c) Recommendations.--(1) The Committee shall recommend to the Secretaries and the Administrator strategic direction for the joint coordination and sharing efforts between and within the two Departments and the Administration to promote and administer veterans economic opportunity programs for education and training, vocational rehabilitation, employment, small business, and homelessness under section 8111 of this title, and shall oversee implementation of those efforts. ``(2) The Committee shall submit to the two Secretaries and the Administrator and directly to Congress an annual report containing such recommendations as the Committee considers appropriate. ``(d) Functions.--In order to enable the Committee to make recommendations in its annual report under subsection (c)(2), the Committee shall do the following: ``(1) Review existing policies, procedures, and practices relating to the coordination and sharing of resources between the two Departments. ``(2) Identify changes in policies, procedures, and practices that, in the judgment of the Committee, would promote mutually beneficial coordination, use, or exchange of use of services and resources of the two Departments and the Administration, with the goal of improving the quality, efficiency and effectiveness of the delivery of benefits and services to veterans, service members, military retirees, and their families through a relationship among the Department of Veterans Affairs, the Department of Labor, and the Small Business Administration. ``(3) Identify and assess further opportunities for the coordination and collaboration between the Departments and the Administration that, in the judgment of the Committee, would not adversely affect the range of services, the quality of care, or the established priorities for benefits provided by either of the Departments or the Administration. ``(4) Review the plans of both Departments and the Administration for the acquisition of additional resources, especially new facilities and major equipment and technology, in order to assess the potential effect of such plans on further opportunities for the coordination and sharing of resources. ``(5) Review the implementation of activities designed to promote the coordination and sharing of resources between the Departments and the Administration. ``(e) Consultation With Certain Organizations.--In carrying out its responsibilities under this section, the Committee may consult with appropriate organizations that promote employment.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``323. Department of Veterans Affairs-Department of Labor-Small Business Administration Joint Executive Committee on Economic Opportunity.''.

Veterans Economic Opportunity Administration Act of 2009 - Establishes in the Department of Veterans Affairs (VA) a Veterans Economic Opportunity Administration, headed by the Under Secretary for Veterans Economic Opportunity, to administer VA programs of economic opportunity assistance to veterans and their dependents and survivors. Requires the Administration to administer the following VA programs: (1) vocational rehabilitation and employment; (2) educational assistance; (3) veterans' housing loan and related programs; (4) veterans' entrepreneurship; and (5) homeless veterans. Establishes as an interagency committee the Department of Veterans Affairs-Department of Labor-Small Business Administration Joint Executive Committee on Economic Opportunity to recommend to the Secretaries of Veterans Affairs and Labor and the Administrator of the Small Business Administration (SBA) strategic direction for the joint coordination and sharing of efforts to promote and administer veterans economic opportunity programs for education and training, vocational rehabilitation, employment, small business, and homelessness, and to oversee implementation of those efforts.

To amend title 38, United States Code, to establish in the Department of Veterans Affairs a Veterans Economic Opportunity Administration, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gift of Life Congressional Medal Act of 1995''. SEC. 2. CONGRESSIONAL MEDAL. The Secretary of the Treasury shall design and strike a bronze medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary of the Treasury, to commemorate organ donors and their families. SEC. 3. ELIGIBILITY REQUIREMENTS. (a) In General.--Any organ donor, or the family of any organ donor, shall be eligible for a medal described in section 2. (b) Documentation.--The Secretary of Health and Human Services shall direct the entity holding the Organ Procurement and Transplantation Network (hereafter in this Act referred to as ``OPTN'') to contract to-- (1) establish an application procedure requiring the relevant organ procurement organization, as described in section 371(b)(1) of the Public Health Service Act (42 U.S.C. 273(b)(1)), through which an individual or their family made an organ donation, to submit to the OPTN contractor documentation supporting the eligibility of that individual or their family to receive a medal described in section 2; and (2) determine, through the documentation provided, and, if necessary, independent investigation, whether the individual or family is eligible to receive a medal described in section 2. SEC. 4. PRESENTATION. (a) Delivery to the Secretary of Health and Human Services.--The Secretary of the Treasury shall deliver medals struck pursuant to this Act to the Secretary of Health and Human Services. (b) Delivery to Eligible Recipients.--The Secretary of Health and Human Services shall direct the OPTN contractor to arrange for the presentation to the relevant organ procurement organization all medals struck pursuant to this Act to individuals or families that, in accordance with section 3, the OPTN contractor has determined to be eligible to receive medals under this Act. (c) Limitation.-- (1) In general.--Except as provided in paragraph (2), only 1 medal may be presented to a family under subsection (b). (2) Exception.--In the case of a family in which more than 1 member is an organ donor, the OPTN contractor may present an additional medal to each such organ donor or their family. SEC. 5. DUPLICATE MEDALS. (a) In General.--The Secretary of Health and Human Services or the OPTN contractor may provide duplicates of the medal described in section 2 to any recipient of a medal under section 4(b), under such regulations as the Secretary of Health and Human Services may issue. (b) Limitation.--The price of a duplicate medal shall be sufficient to cover the cost of such duplicates. SEC. 6. NATIONAL MEDALS. The medals struck pursuant to this Act are national medals for purposes of section 5111 of title 31, United States Code. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. No provision of law governing procurement or public contracts shall be applicable to the procurement of goods or services necessary for carrying out the provisions of this Act. SEC. 8. SOLICITATION OF DONATIONS. (a) In General.--The Secretary of the Treasury may enter into an agreement with the OPTN contractor to collect funds to offset expenditures relating to the issuance of medals authorized under this Act. (b) Payment of Funds.-- (1) In general.--Except as provided in paragraph (2), all funds received by the Organ Procurement and Transplantation Network under subsection (a) shall be promptly paid by the Organ Procurement and Transplantation Network to the Secretary of the Treasury. (2) Limitation.--Not more than 5 percent of any funds received under subsection (a) shall be used to pay administrative costs incurred by the OPTN contractor as a result of an agreement established under this section. (c) Numismatic Public Enterprise Fund.--Notwithstanding any other provision of law-- (1) all amounts received by the Secretary of the Treasury under subsection (b)(1) shall be deposited in the Numismatic Public Enterprise Fund, as described in section 5134 of title 31, United States Code; and (2) the Secretary of the Treasury shall charge such fund with all expenditures relating to the issuance of medals authorized under this Act. (d) Start-Up Costs.--A 1-time amount not to exceed $55,000 shall be provided to the OPTN contractor to cover initial start-up costs. The amount will be paid back in full within 3 years of the date of the enactment of this Act from funds received under subsection (a). (e) No Net Cost to the Government.--The Secretary of the Treasury shall take all actions necessary to ensure that the issuance of medals authorized under section 2 results in no net cost to the Government. SEC. 9. DEFINITIONS. For purposes of this Act-- (1) the term ``organ'' means the human kidney, liver, heart, lung, pancreas, and any other human organ (other than corneas and eyes) specified by regulation of the Secretary of Health and Human Services or the OPTN contractor; and (2) the term ``Organ Procurement and Transplantation Network'' means the Organ Procurement and Transplantation Network established under section 372 of the Public Health Service Act (42 U.S.C. 274).

Gift of Life Congressional Medal Act of 1995 - Directs the Secretary of the Treasury to design and strike a bronze medal to commemorate organ donors and their families. Makes eligible for the medal any organ donor or donor's family. Requires the Secretary of Health and Human Services to direct the Organ Procurement and Transplantation Network (OPTN) to arrange for medal presentation to eligible individuals. Declares the medals to be national medals. Authorizes the Secretary of the Treasury to enter into agreements with the OPTN to collect funds to offset expenditures relating to medal issuance. Requires the Secretary of the Treasury to deposit all solicited donations into the Numismatic Public Enterprise Fund.

Gift of Life Congressional Medal Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Witness Protection and Interstate Relocation Act of 1997''. TITLE I--GANG-RELATED WITNESS INTIMIDATION AND RETALIATION SEC. 101. INTERSTATE TRAVEL TO ENGAGE IN WITNESS INTIMIDATION OR OBSTRUCTION OF JUSTICE. Section 1952 of title 18, United States Code, is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: ``(b) Whoever travels in interstate or foreign commerce with intent by bribery, force, intimidation, or threat, directed against any person, to delay or influence the testimony of or prevent from testifying a witness in a State criminal proceeding or by any such means to cause any person to destroy, alter, or conceal a record, document, or other object, with intent to impair the object's integrity or availability for use in such a proceeding, and thereafter engages or endeavors to engage in such conduct, shall be fined under this title or imprisoned not more than 10 years, or both; and if serious bodily injury (as defined in section 1365 of this title) results, shall be so fined or imprisoned for not more than 20 years, or both; and if death results, shall be so fined and imprisoned for any term of years or for life, or both, and may be sentenced to death.''. SEC. 102. CONSPIRACY PENALTY FOR OBSTRUCTION OF JUSTICE OFFENSES INVOLVING VICTIMS, WITNESSES, AND INFORMANTS. Section 1512 of title 18, United States Code, is amended by adding at the end the following: ``(j) Whoever conspires to commit any offense defined in this section or section 1513 of this title shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.''. TITLE II--WITNESS RELOCATION AND SAFETY SEC. 201. WITNESS RELOCATION SURVEY AND TRAINING PROGRAM. (a) Survey.--The Attorney General shall survey all State and selected local witness protection and relocation programs to determine the extent and nature of such programs and the training needs of those programs. Not later than 270 days after the date of the enactment of this section, the Attorney General shall report the results of this survey to Congress. (b) Training.--Based on the results of such survey, the Attorney General shall make available to State and local law enforcement agencies training to assist those law enforcement agencies in developing and managing witness protection and relocation programs. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out subsections (a) and (b) for fiscal year 1998 not to exceed $500,000. SEC. 202. FEDERAL-STATE COORDINATION AND COOPERATION REGARDING NOTIFICATION OF INTERSTATE WITNESS RELOCATION. (a) Attorney General To Promote Interstate Coordination.--The Attorney General shall engage in activities, including the establishment of a model Memorandum of Understanding under subsection (b), which promote coordination among State and local witness interstate relocation programs. (b) Model Memorandum of Understanding.--The Attorney General shall establish a model Memorandum of Understanding for States and localities that engage in interstate witness relocation. Such a model Memorandum of Understanding shall include a requirement that notice be provided to the jurisdiction to which the relocation has been made by the State or local law enforcement agency that relocates a witness to another State who has been arrested for or convicted of a crime of violence as described in section 16 of title 18, United States Code. (c) Byrne Grant Assistance.--The Attorney General is authorized to expend up to 10 percent of the total amount appropriated under section 511 of subpart 2 of part E of the Omnibus Crime Control and Safe Streets Act of 1968 for purposes of making grants pursuant to section 510 of that Act to those jurisdictions that have interstate witness relocation programs and that have substantially followed the model Memorandum of Understanding. (d) Guidelines and Determination of Eligibility.--The Attorney General shall establish guidelines relating to the implementation of subsection (c) and shall determine, consistent with such guidelines, which jurisdictions are eligible for grants under subsection (c). SEC. 203. BYRNE GRANTS. Section 501(b) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended-- (1) by striking ``and'' at the end of paragraph (25); (2) by striking the period at the end paragraph (26) and inserting ``; and''; and (3) by adding at the end the following: ``(27) developing and maintaining witness security and relocation programs, including providing training of personnel in the effective management of such programs.''. SEC. 204. DEFINITION. As used in this title, the term ``State'' includes the District of Columbia, Puerto Rico, and any other commonwealth, territory, or possession of the United States. Passed the House of Representatives February 25, 1998. Attest: ROBIN H. CARLE, Clerk.

TABLE OF CONTENTS: Title I: Gang-Related Witness Intimidation and Retaliation Title II: Witness Relocation and Safety Witness Protection and Interstate Relocation Act of 1997 - Title I: Gang-Related Witness Intimidation and Retaliation - Amends the Federal criminal code to set penalties for traveling in interstate or foreign commerce with intent to engage in witness intimidation or obstruction of justice. (Sec. 102) Subjects persons who conspire to obstruct justice involving victims, witnesses, and informants to the same penalties as those prescribed for carrying out such offense. Title II: Witness Relocation and Safety - Directs the Attorney General to: (1) survey all State and selected local witness protection and relocation programs to determine and report to the Congress on the extent, nature, and training needs of such programs; and (2) make available training to assist State and local law enforcement agencies in developing and managing witness protection and relocation programs. Authorizes appropriations. (Sec. 202) Requires the Attorney General to: (1) engage in activities which promote coordination among State and local witness interstate relocation programs; and (2) establish a model Memorandum of Understanding for States and localities that engage in interstate witness relocation. Authorizes the Attorney General to expend up to ten percent of the total amount appropriated for drug control and system improvement (Byrne program) grants under the Omnibus Crime Control and Safe Streets Act of 1968 to jurisdictions that have interstate witness relocation programs and that have substantially followed the model Memorandum of Understanding. (Sec. 203) Authorizes the use of Byrne grant funds for developing and maintaining witness security and relocation programs.

Witness Protection and Interstate Relocation Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Haiti Economic and Infrastructure Reconstruction Act''. SEC. 2. ECONOMIC AND INFRASTRUCTURE RECONSTRUCTION PROGRAM FOR THE REPUBLIC OF HAITI. (a) Program Authorized.--The President is authorized to establish an economic and infrastructure reconstruction program for the Republic of Haiti, to be known as the ``Haiti Economic and Infrastructure Reconstruction Program'' (in this section referred to as the ``Reconstruction Program''), under which individuals who are recruited into the Program will be deployed to Haiti to provide assistance to the Government of Haiti related to economic and infrastructure reconstruction and development. (b) Appointment.--If the President establishes the Reconstruction Program under subsection (a), the President shall appoint an officer or employee of the Bureau for Latin America and the Caribbean of the United States Agency for International Development to serve as the Director of the Reconstruction Program. The Director shall possess expertise with respect to-- (1) Haiti; or (2) economic, educational, judicial, law enforcement, healthcare, or infrastructure reconstruction and recovery efforts in developing countries. (c) Coordination.--The Director shall coordinate with appropriate officials from the Government of Haiti to identify ministries and agencies of the Government of Haiti that require assistance concerning the reconstruction and development in Haiti with respect to-- (1) the economy, including a special emphasis on the development of private and public domestic and foreign business investment; (2) the educational system, including a special emphasis on the development of school facilities, teacher training programs, and administration management programs; (3) the judiciary and the rule of law; (4) the healthcare system; and (5) the infrastructure. (d) Recruitment of Individuals for Participation in the Reconstruction Program.-- (1) Required qualifications.--The Director shall recruit individuals who are citizens of the United States and who possess-- (A) at minimum, a four-year college or university degree awarded from an accredited college or university located in the United States; or (B) such skills or expertise as the Director determines to be relevant or appropriate to carry out the Reconstruction Program. (2) Haitian-americans.--To the maximum extent practicable, the Director shall recruit Haitian-Americans. (e) Use of Funds.--The Director shall use funds appropriated for the Reconstruction Program to-- (1) cover the costs of housing, in such amounts as the Director determines to be appropriate, for individuals who are deployed to Haiti to carry out the Reconstruction Program; and (2) pay such individuals a salary, in such amounts as the Director determines to be appropriate, taking into consideration the expertise of an individual and the position in the Reconstruction Program held by such individual. (f) Length of Deployment in Haiti.-- (1) One year.--Individuals recruited under subsection (d) may be deployed to Haiti under the Reconstruction Program for no longer than one year. (2) Exception.--If the Director determines that an extended period of deployment for any individual is appropriate, and such individual consents to such extension, the Director may extend the deployment of such individual for no longer than two additional years. (g) Reports.-- (1) First interim report.--Not later than six months after the date of the enactment of this Act, the President shall submit to Congress a first interim report regarding the Reconstruction Program. (2) Second interim report.--Not later than 12 months after the date of the enactment of this Act, the President shall submit to Congress a second interim report regarding the Reconstruction Program. (3) Final report.--Not later than 18 months after the date of the enactment of this Act, the President shall submit to Congress a final report regarding the Reconstruction Program. (4) Contents.--The interim and final reports shall include information relating to the following: (A) A description and explanation of the process of recruitment of individuals for participation in the Reconstruction Program, including a description and explanation of-- (i) the selection criteria used; and (ii) any incentives offered and the cost of such incentives. (B) The number of individuals recruited and the ministry or agency and the locality in which each individual is placed. (C) The potential for expansion of the Reconstruction Program. (h) Infrastructure Defined.--In this section, the term ``infrastructure'' means a road, highway, bridge, tunnel, airport, mass transportation vehicle or system, intermodal transportation facility, waterway, commercial port, drinking or waste water treatment facility, solid waste disposal facility, pollution control system, and gas, electricity, and oil utilities. (i) Authorization of Appropriations.--There are authorized to be appropriated to the President to carry out this section such sums as may be necessary for each of the fiscal years 2006 through 2011. It is the sense of Congress that at least $3,000,000 should be made available for each of those fiscal years to carry out this section. SEC. 3. HEALTHCARE ASSISTANCE PROGRAM FOR HAITI. (a) Healthcare Program Authorized.--The President is authorized to establish a healthcare assistance program for Haiti, to be known as the ``Haiti Healthcare Assistance Program'' (in this section referred to as the ``Healthcare Program''), under which grants may be made to qualified nongovernmental organizations to establish programs in Haiti related to the prevention of infectious diseases in Haiti. (b) Coordination.--If the President establishes the Healthcare Program under subsection (a), the President shall seek to work with appropriate officials from the Government of Haiti and with appropriate individuals from international financial institutions, civil society, nongovernmental organizations, and international organizations to work in coordination and cooperation with qualified nongovernmental organizations. (c) Use of Grant Funds.--A qualified nongovernmental organization that receives a grant through this section shall use the grant to promulgate a comprehensive and integrated strategy to combat and control infectious diseases in Haiti through the establishment of a comprehensive healthcare infrastructure in Haiti that focuses on education, prevention, care, treatment, support, capacity development, and other related activities. (d) Satisfaction of Criteria to Be Considered a Qualified Nongovernmental Organization.--The Administrator of the United States Agency for International Development shall promulgate criteria that shall be satisfied by a nongovernmental organization in order for such organization to be considered a qualified nongovernmental organization for purposes of this section. (e) Healthcare Infrastructure Defined.--In this section, the term ``healthcare infrastructure'' means an inpatient or outpatient hospital, clinic, or medical facility and medical programs, including programs for hiring physicians, nurses, or other medical personnel and programs for acquiring transportation and communications systems for medical purposes. (f) Authorization of Appropriations.--There are authorized to be appropriated to the President to carry out this section such sums as may be necessary for each of the fiscal years 2006 through 2011. It is the sense of Congress that at least $3,000,000 should be made available for each of those fiscal years to carry out this section.

Haiti Economic and Infrastructure Reconstruction Act - Authorizes the President to establish the Haiti Economic and Infrastructure Reconstruction Program under which recruited U.S. citizens will be deployed to Haiti to provide economic and infrastructure reconstruction and development assistance to the Government of Haiti. Requires: (1) the President to appoint an officer or employee of the Bureau for Latin America and the Caribbean of the United States Agency for International Development (USAID) to serve as the Director of the Reconstruction Program; and (2) the Director to have expertise with Haiti, or with economic, educational, judicial, law enforcement, healthcare, or infrastructure reconstruction efforts in developing countries. Sets forth program provisions, including: (1) maximum recruitment of Haitian-Americans; and (2) maximum one-year deployment, with a maximum two-year additional stay. Authorizes the President to establish the Haiti Healthcare Assistance Program under which grants may be made to qualified nongovernmental organizations to establish infectious disease prevention programs in Haiti.

To authorize the establishment of a program to provide economic and infrastructure reconstruction assistance to the Republic of Haiti, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Our Heroes Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) Law enforcement officers, first responders, and public safety officials risk their lives every day to serve and protect our neighborhoods and communities. (2) These men and women are true public servants who regularly sacrifice and encounter grave daily harm. (3) The families of law enforcement officers, first responders, and public safety officials also sacrifice and contribute to their roles as guardians of the public good. (4) In recent times, it has become apparent that these women and men are being targeted intentionally by criminals in our society. (5) Congress must do all it can to promote a system of law and order which enables law enforcement officers, first responders, and public safety officials to properly do their jobs. SEC. 3. PROTECTION OF PUBLIC SAFETY OFFICERS. (a) Killing of Public Safety Officers.-- (1) Offense.--Chapter 51 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1123. Killing of public safety officers ``(a) Definitions.--In this section-- ``(1) the terms `Federal law enforcement officer' and `United States judge' have the meanings given those terms in section 115; ``(2) the term `federally funded public safety officer' means a public safety officer or judicial officer for a public agency that-- ``(A) receives Federal financial assistance; and ``(B) is an agency of an entity that is a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States, an Indian tribe, or a unit of local government of that entity; ``(3) the term `firefighter' includes an individual serving as an officially recognized or designated member of a legally organized volunteer fire department and an officially recognized or designated public employee member of a rescue squad or ambulance crew; ``(4) the term `judicial officer' means a judge or other officer or employee of a court, including prosecutors, court security, pretrial services officers, court reporters, and corrections, probation, and parole officers; ``(5) the term `law enforcement officer' means an individual, with arrest powers, involved in crime or juvenile delinquency control or reduction or enforcement of the laws; ``(6) the term `public agency' includes a court system, the National Guard of a State to the extent the personnel of that National Guard are not in Federal service, and the defense forces of a State authorized by section 109 of title 32; and ``(7) the term `public safety officer' means an individual serving a public agency in an official capacity, as a law enforcement officer, as a firefighter, as a chaplain, or as a member of a rescue squad or ambulance crew. ``(b) Offense.--It shall be unlawful for any person to-- ``(1) kill, or attempt or conspire to kill-- ``(A) a United States judge; ``(B) a Federal law enforcement officer; or ``(C) a federally funded public safety officer while that officer is engaged in official duties, or on account of the performance of official duties; or ``(2) kill a former United States judge, Federal law enforcement officer, or federally funded public safety officer on account of the past performance of official duties. ``(c) Penalty.-- ``(1) In general.--Any person that violates subsection (b) shall be fined under this title and imprisoned for not less than 10 years or for life, or, if death results, shall be sentenced to not less than 30 years and not more than life, or may be punished by death. ``(2) Enhanced penalty.--Any person that, in the commission of a violation of subsection (b), lures a public safety officer to a location for the purpose of killing, or attempting to kill, the public safety officer shall, in addition to a penalty under paragraph (1), be fined under this title and imprisoned for not less than 5 years.''. (2) Table of sections.--The table of sections for chapter 51 of title 18, United States Code, is amended by adding at the end the following: ``1123. Killing of public safety officers.''. (b) Assault of Public Safety Officers.-- (1) Offense.--Chapter 7 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 120. Assaults of public safety officers ``(a) Definitions.--In this section-- ``(1) the term `federally funded public safety officer' means a public safety officer or judicial officer for a public agency that-- ``(A) receives Federal financial assistance; and ``(B) is an agency of an entity that is a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States, an Indian tribe, or a unit of local government of that entity; ``(2) the term `firefighter' includes an individual serving as an officially recognized or designated member of a legally organized volunteer fire department and an officially recognized or designated public employee member of a rescue squad or ambulance crew; ``(3) the term `judicial officer' means a judge or other officer or employee of a court, including prosecutors, court security, pretrial services officers, court reporters, and corrections, probation, and parole officers; ``(4) the term `law enforcement officer' means an individual, with arrest powers, involved in crime or juvenile delinquency control or reduction or enforcement of the laws; ``(5) the term `public agency' includes a court system, the National Guard of a State to the extent the personnel of that National Guard are not in Federal service, and the defense forces of a State authorized by section 109 of title 32; and ``(6) the term `public safety officer' means an individual serving a public agency in an official capacity, as a law enforcement officer, as a firefighter, as a chaplain, or as a member of a rescue squad or ambulance crew. ``(b) Offense.--It shall be unlawful to assault, or attempt to assault, a federally funded public safety officer while engaged in or on account of the performance of official duties, or assaults any person who formerly served as a federally funded public safety officer on account of the performance of such person's official duties during such service, or because of the actual or perceived status of the person as a federally funded public safety officer. ``(c) Penalty.-- ``(1) In general.--Any person that violates subsection (b) shall be subject to a fine under this title and-- ``(A) if the assault resulted in bodily injury (as defined in section 1365), shall be imprisoned not less than 2 years and not more than 10 years; ``(B) if the assault resulted in substantial bodily injury (as defined in section 113), shall be imprisoned not less than 5 years and not more than 20 years; ``(C) if the assault resulted in serious bodily injury (as defined in section 1365), shall be imprisoned for not less than 10 years; ``(D) if a deadly or dangerous weapon was used during and in relation to the assault, shall be imprisoned for not less than 20 years; and ``(E) shall be imprisoned for not more than 1 year in any other case. ``(2) Enhanced penalty.--Any person that, in the commission of a violation of subsection (b), lures a public safety officer to a location for the purpose of assaulting, or attempting to assault, the public safety officer shall, in addition to a penalty under paragraph (1), be fined under this title and imprisoned for not less than 5 years.''. (2) Table of sections.--The table of sections for chapter 7 of title 18, United States Code, is amended by adding at the end the following: ``120. Assaults of public safety officers.''.

Protect Our Heroes Act of 2016 This bill amends the federal criminal code to make it a crime: (1) to kill, or attempt or conspire to kill, a federal judge, a federal law enforcement officer, or a federally funded public safety officer who is on duty; or (2) to kill a former federal judge, federal law enforcement officer, or federally funded public safety officer on account of their past performance of duties. An offender is subject to criminal penalties—a fine and a mandatory minimum prison term. This bill also makes it a crime: (1) to assault, or attempt to assault, a federally funded public safety officer who is on duty; or (2) to assault a former federally funded public safety officer on account of their past performance of official duties or because of their perceived status as a federally funded public safety officer. An offender is subject to criminal penalties—a fine and a mandatory minimum prison term.

Protect Our Heroes Act of 2016

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Clear Extenders Act of 1999''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: TITLE I--EXTENSION OF EXPIRING INCENTIVES SEC. 101. PERMANENT EXTENSION OF RESEARCH AND DEVELOPMENT CREDIT. (a) Extension.-- (1) In general.--Section 41 (relating to credit for increasing research activities) is amended by striking subsection (h). (2) Technical amendment.--Section 45C(b)(1) is amended by striking subparagraph (D). (3) Effective date.--The amendments made by this subsection shall apply to amounts paid or incurred after June 30, 1999. (b) Increase in Percentages Under Alternative Incremental Credit.-- (1) In general.--Subparagraph (A) of section 41(c)(4) of such Code is amended-- (A) by striking ``1.65 percent'' and inserting ``2.65 percent'', (B) by striking ``2.2 percent'' and inserting ``3.2 percent'', and (C) by striking ``2.75 percent'' and inserting ``3.75 percent''. (2) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after June 30, 1999. (c) Special Rule.-- (1) In general.--For purposes of the Internal Revenue Code of 1986, the credit determined under section 41 of such Code which is otherwise allowable under such Code and which is attributable to the suspension period shall not be taken into account prior to October 1, 2000. On or after such date, such credit may be taken into account through the filing of an amended return, an application for expedited refund, an adjustment of estimated taxes, or other means allowed by such Code. (2) Suspension period.--For purposes of this subsection, the suspension period is the period beginning on July 1, 1999, and ending on September 30, 2000. (3) Expedited refunds.-- (A) In general.--If there is an overpayment of tax with respect to a taxable year by reason of paragraph (1), the taxpayer may file an application for a tentative refund of such overpayment. Such application shall be in such manner and form, and contain such information, as the Secretary may prescribe. (B) Deadline for applications.--Subparagraph (A) shall apply only to applications filed before October 1, 2001. (C) Allowance of adjustments.--Not later than 90 days after the date on which an application is filed under this paragraph, the Secretary shall-- (i) review the application, (ii) determine the amount of the overpayment, and (iii) apply, credit, or refund such overpayment, in a manner similar to the manner provided in section 6411(b) of such Code. (D) Consolidated returns.--The provisions of section 6411(c) of such Code shall apply to an adjustment under this paragraph in such manner as the Secretary may provide. (4) Credit attributable to suspension period.-- (A) In general.--For purposes of this subsection, in the case of a taxable year which includes a portion of the suspension period, the amount of credit determined under section 41 of such Code for such taxable year which is attributable to such period is the amount which bears the same ratio to the amount of credit determined under such section 41 for such taxable year as the number of months in the suspension period which are during such taxable year bears to the number of months in such taxable year. (B) Waiver of estimated tax penalties.--No addition to tax shall be made under section 6654 or 6655 of such Code for any period before July 1, 1999, with respect to any underpayment of tax imposed by such Code to the extent such underpayment was created or increased by reason of subparagraph (A). (5) Secretary.--For purposes of this subsection, the term ``Secretary'' means the Secretary of the Treasury (or such Secretary's delegate). SEC. 102. EXTENSION OF MINIMUM TAX RELIEF FOR INDIVIDUALS. (a) In General.--The second sentence of section 26(a) (relating to limitations based on amount of tax) is amended by striking ``1998'' and inserting ``calendar years 1998, 1999, 2000, and 2001''. (b) Child Credit.--Section 24(d)(2) (relating to reduction of credit to taxpayer subject to alternative minimum tax) is amended by striking ``December 31, 1998'' and inserting ``December 31, 2001''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 103. SUBPART F EXEMPTION FOR ACTIVE FINANCING INCOME. (a) In General.--Sections 953(e)(10) and 954(h)(9) (relating to application) are each amended-- (1) by striking ``the first taxable year'' and inserting ``taxable years'', (2) by striking ``January 1, 2000'' and inserting ``January 1, 2002'', and (3) by striking ``within which such'' and inserting ``within which any such''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 104. TAXABLE INCOME LIMIT ON PERCENTAGE DEPLETION FOR MARGINAL PRODUCTION. (a) In General.--Subparagraph (H) of section 613A(c)(6) (relating to temporary suspension of taxable limit with respect to marginal production) is amended by striking ``January 1, 2000'' and inserting ``January 1, 2002''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 105. WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK CREDIT. (a) Temporary Extension.--Sections 51(c)(4)(B) and 51A(f) (relating to termination) are each amended by striking ``June 30, 1999'' and inserting ``December 31, 2001''. (b) Clarification of First Year of Employment.--Paragraph (2) of section 51(i) of such Code is amended by striking ``during which he was not a member of a targeted group''. (c) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after June 30, 1999. TITLE II--REVENUE OFFSET SEC. 201. MODIFICATION OF ESTIMATED TAX SAFE HARBOR. (a) In General.--The table contained in clause (i) of section 6654(d)(1)(C) of the Internal Revenue Code of 1986 (relating to limitation on use of preceding year's tax) is amended by striking the item relating to 1999 or 2000 and inserting the following new items: ``1999........................................ 108.5 2000.......................................... 106''. (b) Effective Date.--The amendment made by this section shall apply with respect to any installment payment for taxable years beginning after December 31, 1999.

Sets forth a revenue offset provision (modifies the estimated tax safe harbor).

Clear Exenders Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Make Our Government Safe Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Steve Bannon was appointed to serve as chief strategist and senior counselor to the President in January 2017 and was appointed, via executive order, to the National Security Council on January 28, 2017. (2) Under section 101 of the National Security Act of 1947 (50 U.S.C. 3021), the National Security Council is responsible for the integration of domestic, foreign, and military policies relating to the national security so as to enable the military services and the other departments and agencies of the Government to cooperate more effectively in matters involving the national security. (3) To participate in highly sensitive meetings of the National Security Council, it is a prerequisite to have the highest available security clearances, including access to compartmented information. (4) Question 23.9 on United States Government Standard Form 86, which all applicants seeking a security clearance must submit, asks: ``have you ever advocated any acts of terrorism or activities designed to overthrow the U.S. Government by force?'' (5) Question 29.4 asks: ``have you ever been a member of an organization dedicated to the use of violence or force to overthrow the United States Government . . .'' (6) Question 29.6 asks: ``have you ever knowingly engaged in activities designed to overthrow the United States Government by force?'' (7) Steve Bannon has made numerous inflammatory statements in support of overthrowing the United States Government. (8) In an interview dated August 22, 2016, Bannon referred to himself as a ``Leninist'', saying ``Lenin . . . wanted to destroy the state, and that's my goal too. I want to bring everything crashing down, and destroy all of today's establishment''. (9) The Director of the National Background Investigations Bureau, Charles Phalen, Jr., testified before the Committee on Oversight and Government Reform of the House of Representatives on February 2, 2017, about the process to investigate applicants for security clearances. (10) In response to questions from Ranking Member Elijah E. Cummings, Director Phalen agreed that calling oneself a Leninist would cause concerns during the background check process for a security clearance, saying ``It would, and the investigator should pursue that avenue of discussion with the subject as to what that means.''. (11) In response to a specific question about someone whose goal was to ``destroy the state,'' Director Phalen responded ``That would elicit a very strong line of questioning with that individual and with others to determine what he means by that so that we can give a full picture to the adjudicator.''. (12) When asked what would happen if Bannon denied making these statements, Director Phalen responded that background check investigators would ``determine what the truth is''. SEC. 3. PROHIBITION OF INDIVIDUALS WHO THREATEN TO DESTROY THE GOVERNMENT FROM PARTICIPATING IN OR ATTENDING NATIONAL SECURITY COUNCIL MEETINGS. (a) Prohibition.--Section 101(c) of the National Security Act of 1947 (50 U.S.C. 3021(c)) is amended-- (1) in paragraph (2), by striking ``The President'' and inserting ``Except as provided in paragraph (3), the President''; and (2) by adding at the end the following new paragraph: ``(3) Individuals who threaten to destroy the government.-- Any individual who threatens to destroy the Government, including in speech, written form, or through action, may not participate in or attend any meeting of the Council or any meeting of the Principal's Committee.''. (b) Effective Date.--Paragraph (3) of subsection (c) of section 101 of the National Security Act of 1947 (50 U.S.C. 3021) shall take effect on the date that is 30 days after the date of the enactment of this Act. SEC. 4. SENSE OF CONGRESS REGARDING THE SUSPENSION OF SECURITY CLEARANCES FOR FEDERAL EMPLOYEES WHO THREATEN TO DESTROY THE STATE. It is the sense of Congress that the head of a department or agency of the Federal Government that issues a security clearance for an employee, including for an employee of the Executive Office of the President, should consider suspending the security clearance of the employee, if the employee threatens or has threatened to destroy the State or to take hostile actions against the United States, to ensure such employee does not pose a threat to the United States.

Make Our Government Safe Act This bill amends the National Security Act of 1947 to prohibit the President from designating as an attendee or participant in the National Security Council (or in any meeting of the Principals Committee) any individual who threatens to destroy the government, including in speech or written form or through action. The bill expresses the sense of Congress that a federal department or agency that issues a security clearance for an employee, including for an employee of the Executive Office of the President, should consider suspending the security clearance of an employee who threatens to destroy the state or to take hostile actions against the United States.

Make Our Government Safe Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Baseline Elimination Act of 2011''. SEC. 2. CHANGES IN THE BASELINE. Section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in the second sentence of paragraph (1), by striking everything that follows ``current year,'' and inserting ``excluding resources designated as an emergency requirement and any resources provided in supplemental appropriation laws.''; (2) by striking paragraphs (2), (3), (4), and (5); (3) by redesignating paragraph (6) as paragraph (2); and (4) by inserting after paragraph (2) the following: ``(3) No adjustment for inflation.--No adjustment shall be made for inflation or for any other factor.''. SEC. 3. THE PRESIDENT'S BUDGET. (a) Expenditures and Appropriations.--Paragraph (5) of section 1105(a) of title 31, United States Code, is amended to read as follows: ``(5) except as provided in subsection (b) of this section, estimated expenditures and appropriations for the current year and estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and at least the 4 fiscal years following that year, and, except for detailed budget estimates, the percentage change from the current year to the fiscal year for which the budget is submitted for estimated expenditures and for appropriations.''. (b) Receipts.--Section 1105(a)(6) of title 31, United States Code, is amended to read as follows: ``(6) estimated receipts of the Government in the current year and the fiscal year for which the budget is submitted and at least the 4 fiscal years after that year under-- ``(A) laws in effect when the budget is submitted; and ``(B) proposals in the budget to increase revenues, and the percentage change (in the case of each category referred to in subparagraphs (A) and (B)) between the current year and the fiscal year for which the budget is submitted and between the current year and each of the 9 fiscal years after the fiscal year for which the budget is submitted.''. (c) Legislative Proposals.--Section 1105(a)(12) of title 31, United States Code, is amended to read as follows: ``(12) for each proposal in the budget for legislation that establishes or expands a Government activity or function, a table showing-- ``(A) the amount proposed in the budget for appropriation and for expenditure because of the proposal in the fiscal year for which the budget is submitted; ``(B) the estimated appropriation required because of the proposal for each of at least the 4 fiscal years after that year that the proposal will be in effect; and ``(C) the estimated amount for the same activity or function, if any, in the current fiscal year, and, except for detailed budget estimates, the percentage change (in the case of each category referred to in subparagraphs (A), (B), and (C)) between the current year and the fiscal year for which the budget is submitted.''. (d) Comparisons.--Section 1105(a)(18) of title 31, United States Code, is amended by inserting ``new budget authority and'' before ``budget outlays''. (e) Expenditures and Tables.--Section 1105(a) of title 31, United States Code, is amended by-- (1) redesignating paragraph (37) following paragraph (38) as paragraph (39); and (2) adding at the end the following: ``(40) a comparison of levels of estimated expenditures and proposed appropriations for each function and subfunction in the current fiscal year and the fiscal year for which the budget is submitted, along with the proposed increase or decrease of spending in percentage terms for each function and subfunction. ``(41) a table on sources of growth in total direct spending under current law and as proposed in this budget submission for the budget year and at least the ensuing 9 fiscal years, which shall include changes in outlays attributable to the following: cost-of-living adjustments; changes in the number of program recipients; increases in medical care prices, utilization and intensity of medical care; and residual factors.''. (f) Current Programs.--Section 1109(a) of title 31, United States Code, is amended by inserting after the first sentence the following: ``For discretionary spending, these estimates shall assume the levels no higher than those set forth in the discretionary spending limits under section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985, as adjusted, for the appropriate fiscal years (and if no such limits are in effect, these estimates shall assume adjusted levels no higher than those for the most recent fiscal year for which such levels were in effect).''. SEC. 4. THE CONGRESSIONAL BUDGET. Section 301(e) of the Congressional Budget Act of 1974 (as amended by section 103) is further amended-- (1) in paragraph (1), by inserting at the end the following: ``The basis of deliberations in developing such joint resolution shall be the estimated budgetary levels for the preceding fiscal year. Any budgetary levels pending before the committee and the text of the joint resolution shall be accompanied by a document comparing such levels or such text to the estimated levels of the prior fiscal year.''; and (2) in paragraph (2)-- (A) in subparagraph (E), by striking ``and'' after the semicolon; (B) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(G) a comparison of levels for the current fiscal year with proposed spending and revenue levels for the subsequent fiscal years along with the proposed increase or decrease of spending in percentage terms for each function.''. SEC. 5. CONGRESSIONAL BUDGET OFFICE REPORTS TO COMMITTEES. (a) Comparable Levels.--The first sentence of section 202(e)(1) of the Congressional Budget Act of 1974 is amended by inserting ``compared to comparable levels for the current year'' before the comma at the end of subparagraph (A) and before the comma at the end of subparagraph (B). (b) Sources of Spending Growth.--Section 202(e)(1) of the Congressional Budget Act of 1974 is amended by inserting after the first sentence the following new sentence: ``Such report shall also include a table on sources of spending growth in total direct spending, revenue, deficit, and debt for the budget year and the ensuing 4 fiscal years, which shall include changes in outlays attributable to the following: ``(A) Cost-of-living adjustments. ``(B) Changes in the number of program recipients. ``(C) Increases in medical care prices, utilization and intensity of medical care. ``(D) Residual factors.''. (c) Comparison of Levels.--Section 308(a)(1)(B) of the Congressional Budget Act of 1974 is amended by inserting ``and shall include a comparison of those levels to comparable levels for the current fiscal year'' before ``if timely submitted''.

Baseline Elimination Act of 2011 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to eliminate sequential and cumulative adjustments for inflation from Congressional Budget Office (CBO) baseline projections for discretionary appropriations with respect to: (1) expiring housing contracts and social insurance administrative expenses, (2) offset pay absorption and pay annualization, (3) inflation, and (4) any accounting for changes required by law in the level of agency payments for personnel benefits other than pay. Excludes from the requirement that budgetary resources (other than unobligated balances) be at the level available in the current year any resources designated as an emergency requirement or provided in supplemental appropriations laws. Prohibits adjustments for inflation or any other factor. Requires the President's annual budget submission to Congress to include: (1) estimated expenditures and appropriations for the current year, as well as (2) the percentage change from the current year to the fiscal year for which the budget is submitted for estimated expenditures and appropriations. Amends the Congressional Budget Act (CBA) to require the basis of deliberations in the congressional budget committee hearings in developing the joint (currently, concurrent) budget resolution to be the estimated budgetary levels for the preceding fiscal year. Requires the report accompanying the budget resolution to include a comparison of levels for the current fiscal year with proposed spending and revenue levels for the subsequent fiscal years along with the proposed increase or decrease of spending in percentage terms for each function. Amends the CBA to require the Congressional Budget Office (CBO) annual fiscal policy report to congressional budget committees to compare to comparable levels for the current fiscal year: (1) alternative levels of total revenues, total new budget authority, and total outlays (including related surpluses and deficits); and (2) the levels of tax expenditures under existing law. Requires that report also to include a table on sources of spending growth in total direct spending, revenue, deficit, and debt for the budget year and the ensuing four fiscal years, which shall include changes in outlays attributable to: (1) cost-of-living (COLA) adjustments; (2) changes in the number of program recipients; (3) increases in medical care prices, utilization and intensity of medical care; and (4) residual factors. Requires any congressional committee, when reporting legislation providing new budget authority or an increase or decrease in revenues or tax expenditures, to include in the accompanying report the CBO projection of how the measure will affect the levels of budget authority, budget outlays, revenues, or tax expenditures under existing law for such fiscal year (or fiscal years) and each of the four ensuing fiscal years in comparison with comparable levels for the current fiscal year.

A bill to eliminate the automatic inflation increases for discretionary programs built into the baseline projections and require budget estimates to be compared with the prior year's level.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Florida Keys Water Quality Improvements Act of 1998''. SEC. 2. FINDINGS. Congress finds the following: (1) The Florida Keys are a chain of islands located adjacent to spectacular, unique, and nationally significant marine environments, including North America's only living coral barrier reef ecosystem. (2) Recognizing the national significance of the Florida Keys marine environment and the compelling national interest in the protection of these resources, Congress passed the Florida Keys National Marine Sanctuary and Protection Act (104 Stat. 3089-3095) designating the Florida Keys National Marine Sanctuary. (3) Section 8(a)(1) of such Act directed the Administrator and the Governor of the State of Florida, in consultation with the Secretary of Commerce, to develop a comprehensive water quality protection program for the Sanctuary. (4) Section 8(a)(1)(A) of such Act states that a purpose of such water quality program is to recommend priority corrective actions and compliance schedules addressing point and nonpoint sources of pollution to restore and maintain the chemical, physical, and biological integrity of the Sanctuary, including restoration and maintenance of a balanced, indigenous population of corals, shellfish, fish and wildlife, and recreational activities in and on the water. (5) Section 8(d)(2)(A) of such Act provided for the establishment of the Water Quality Steering Committee that is co-chaired by the Regional Administrator of the Environmental Protection Agency and a representative of the State of Florida to set guidance and policy for the development and implementation of water quality improvement projects. (6) Section 8(d)(2)(C) of such Act provided for the establishment of a Technical Advisory Committee comprised of scientists from Federal agencies, State agencies, academic institutions, private nonprofit organizations, and knowledgeable citizens to advise the Water Quality Steering Committee. (7) Section 8(a)(1)(B) of such Act states that another purpose of the water quality protection program is to assign responsibilities for the implementation of the program among the Governor of the State of Florida, the Secretary of Commerce, and the Administrator in accordance with applicable Federal and State laws. (8) Dilapidated and inadequate wastewater treatment systems and inadequate stormwater management systems are the largest manmade sources of pollution to the nearshore waters of the Florida Key's, representing the greatest threat to their nationally significant marine resources. (9) The United States Environmental Protection Agency, other Federal, State, and local agencies and citizen stakeholders have identified wastewater infrastructure improvements as the single most important investment to improve nearshore water quality around the Florida Keys. Improvement of stormwater management in the area of the Florida keys is also needed to reduce pollutant loadings from largely uncontrolled stormwater runoff from existing development. (10) The cost of wastewater improvements necessary to improve nearshore water quality around the Florida Keys is estimated at between $184,000,000 and $418,000,000, depending on the percentage reduction in wastewater nutrient loadings to be achieved and which treatment system or systems are ultimately selected. (11) The cost of stormwater improvements necessary to reduce such pollutant loadings is estimated at between $370,000,000 and $680,000,000, depending on the percentage reduction in stormwater pollutant loadings to be achieved and which areas are selected to be retrofitted. (12) The cost of these necessary improvements represent an insurmountable burden to the 85,000 permanent residents of Monroe County, Florida. (13) It is necessary to change Federal law in order to carry out the Federal responsibilities identified under section 8(a)(1)(B) of the Florida Keys National Marine Sanctuary and Protection Act. (14) It is therefore entirely consistent with the goals and policies of such Act that Congress authorize appropriations to supplement State and local initiatives to improve water quality in the Florida Keys marine environment. SEC. 3. PURPOSE. The purpose of this Act is to protect the resources of the Florida Keys National Marine Sanctuary (as designated by section 5 of the Florida Keys National Marine Sanctuary and Protection Act) by providing the Federal share of funds for projects to replace inadequate wastewater treatment systems and inadequate stormwater management systems in Monroe County, Florida. Funds authorized by this Act are to supplement funds committed by the State of Florida and Monroe County, Florida, for planning and construction of wastewater and stormwater projects. SEC. 4. NON-FEDERAL SPONSOR. To carry out this Act, the Administrator shall make grants to the Florida Keys Aqueduct Authority, or, in the judgment of the Administrator, other appropriate agencies of the State of Florida or Monroe County, Florida. SEC. 5. AUTHORIZED PROJECTS. (a) Project Criteria.--Projects eligible for funding through grants under this Act are those that, in the judgment of the Administrator-- (1)(A) replace inadequate wastewater treatment systems in Monroe County, Florida, including cesspits and other inadequate onsite disposal systems; or (B) establish, replace, or improve stormwater management systems in Monroe County, Florida; (2) will improve water quality in the Florida Keys National Marine Sanctuary; and (3) are consistent with-- (A) applicable growth management ordinances of Monroe County, Florida; (B) applicable agreements between Monroe County, Florida, and the State of Florida to manage growth in Monroe County, Florida; (C) the guidance, policies, and resolutions of the Water Quality Steering Committee; (D) the South Florida Ecosystem Restoration Task Force established by section 528(f) of the Water Resources Development Act of 1996 (110 Stat. 3771- 3773), and the Governors Commission for a Sustainable South Florida established by executive order of the Governor of the State of Florida; and (E) applicable water quality standards established by the Environmental Protection Agency. (b) Project Designs.-- (1) Wastewater projects.--Wastewater treatment projects eligible for funding under this Act may include centralized treatment facilities, onsite disposal systems, mobile pumpout facilities, and land-based pumpout facilities. (2) Stormwater projects.--Stormwater projects eligible for funding under this Act may include stormwater systems utilizing the best available technology approved by the appropriate permitting agency. SEC. 6. COST-SHARE REQUIREMENT AND VIABILITY ASSESSMENT. The Administrator may grant for a project authorized under this Act only if-- (1) no less than 25 percent of the total project cost will be provided by non-Federal interests; (2) the non-Federal sponsor has completed-- (A) adequate project planning and design activities; (B) a financial plan identifying sources of non- Federal funding for the project; and (C) a complete assessment of project compliance with-- (i) the adopted master wastewater or stormwater plans for Monroe County, Florida; (ii) applicable growth management ordinances of Monroe County, Florida; (iii) applicable Florida State laws, regulations, and policies; and (iv) applicable agreements between Monroe County and the State of Florida to manage growth in Monroe County; and (3) the project will have substantial water quality benefits relative to other projects that are under consideration. SEC. 7. CONSULTATION. In the implementation of this Act, the Administrator shall consult the Water Quality Steering Committee and the appropriate State and local government officials. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Administrator to carry out this Act $32,000,000 for the first fiscal year beginning after the date of the enactment of this Act, $31,000,000 for the second fiscal year beginning after such date of enactment, and $50,000,000 per fiscal year for each of the third, fourth, and fifth fiscal years beginning after such date of enactment of this Act. Such funds shall remain available until expended. SEC. 9. DEFINITIONS. In this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Water quality steering committee.--The term ``Water Quality Steering Committee'' means the water quality protection program Steering Committee established under section 8(d)(2)(A) of the Florida Keys National Marine Sanctuary and Protection Act.

Florida Keys Water Quality Improvements Act of 1998 - Directs the Administrator of the Environmental Protection Agency to make grants to the Florida Keys Aqueduct Authority or other appropriate agencies of the State of Florida or Monroe County, Florida. Makes eligible for such grants projects to: (1) replace inadequate wastewater treatment systems in the County; (2) establish, replace, or improve stormwater management systems in the County; or (3) improve water quality in the Florida Keys National Marine Sanctuary. Requires such grants to be consistent with specified growth management ordinances and agreements, policies of the Water Quality Steering Committee, and Federal water quality standards. Sets forth conditions on grants, including non-Federal cost share and planning and assessment requirements. Authorizes appropriations.

Florida Keys Water Quality Improvements Act of 1998

SECTION 1. BOUNDARY EXPANSION. Section 3(a)(2) of the Red Rock Canyon National Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc-1(a)(2)) is amended to read as follows: ``(2) The conservation area shall consist of approximately 195,610 acres as generally depicted on a map entitled `Red Rock Canyon National Conservation Area--Proposed Expansion', numbered NV-RRCNCA-002, and dated July 1994.''. SEC. 2. OTHER AMENDMENTS TO THE RED ROCK CANYON NATIONAL CONSERVATION AREA ESTABLISHMENT ACT OF 1990. (a) Deadline for Management Plan.--Section 5(a)(1) of the Red Rock Canyon National Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc-3(a)(1)) is amended by striking ``Within 3 full fiscal years following the fiscal year in which the date of enactment of this Act occurs,'' and inserting in lieu thereof ``No later than January 1, 1997,''. (b) Exchange Authority.--Section 7 of the Red Rock Canyon National Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc-5) is amended-- (1) by striking ``Except as specifically authorized'' and inserting in lieu thereof ``(a) Except as specifically authorized''; and (2) by adding at the end thereof a new subsection, as follows: ``(b) The Secretary may transfer to the owner of the Old Nevada recreation facility the approximately 20 acres of Federal lands within the conservation area which, on March 1, 1994, were used to provide parking for visitors to such facility, in exchange for lands of equal or greater value within the conservation area acceptable to the Secretary.''. (c) Priority Dates.--Section 10(b) of the Red Rock Canyon National Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc-8(b)) is amended by striking ``Act.'' and by inserting in lieu thereof ``Act, except that as related to rights associated with lands added to the conservation area after such date, the priority date shall be the date of enactment of the Act adding such lands to the conservation area.''. SEC. 3. POTENTIAL CONSERVATION LANDS. (a) Withdrawal.--Subject to valid existing rights, the lands identified in subsection (b) are hereby withdrawn from all forms of entry under the public land laws, including the mining laws, and from operation of the mineral and geothermal leasing laws: Provided, That nothing in this subsection shall limit the issuance of any necessary licenses or public land rights-of-way for any hydroelectric project involving such lands. (b) Lands.--The lands referred to in subsection (a) are the approximately 1,280 acres of public lands as generally depicted on the map entitled ``Potential Conservation Lands: Possible Hydroelectric Project'' dated July, 1994. (c) Future Status.--(1) Effective on the date 5 years after the date of enactment of this Act, the lands described in subsection (b) shall be added to the Red Rock Canyon National Conservation Area unless before such effective date all necessary licenses and public land rights-of-way have been issued for a hydroelectric project involving some or all of such lands. (2) For purposes of section 10(b) of the Red Rock Canyon National Conservation Area Establishment Act of 1990, as amended by this Act, the date on which the lands identified in subsection (b) of this section are added to the Red Rock Canyon National Conservation Area shall be deemed to be the date of enactment of an Act adding such lands to the conservation area. SEC. 4. AUSTIN, NEVADA MUSEUM. (a) Lands.--The Austin Historic Mining District Historical Society (hereafter referred to as ``the Historical Society'') shall be permitted to use the lands located in Austin, Nevada, identified as township 19 North, range 44 East, section 19, block 38, lots 1 through 16, assessor's parcel number 01-147-01, amounting to approximately 0.59 acres, in accordance with the requirements of this section. (b) Uses.--The Historical Society's use of the lands identified in subsection (a) shall be subject to the requirements of this section and shall be limited to use for a museum or other facility to illustrate the history of the Austin Historic Mining District. (c) Terms and Conditions.--(1) The Secretary of Agriculture shall permit the Historical Society to use the lands identified in subsection (a) for a period of 20 years after the date of enactment of this Act. After such period, the Historical Society may continue to use such lands, at the discretion of the Secretary of Agriculture. (2) During the period of 20 years after the date of the enactment of this Act, the Historical Society, if it elects to use the lands identified in subsection (a), shall pay to the Secretary of Agriculture, on behalf of the United States, an annual rental of $100. (3) If the Secretary of Agriculture permits continued use of the lands identified in subsection (a) after the end of the period of 20 years after the date of enactment of this Act, the Secretary of Agriculture shall require payment of such annual rental as the Secretary determines reasonable. (4) At all times that the lands identified in subsection (a) are used by the Historical Society, the Historical Society shall be solely responsible for all necessary maintenance and repairs of all structures and improvements on such lands and for all necessary payments for utilities or other services. (5) All rentals received by the Secretary of Agriculture under this section shall be deemed to have been deposited with such Secretary pursuant to the Act of December 4, 1967 (16 U.S.C. 484a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends the Red Rock Canyon National Conservation Area Establishment Act of 1990 to expand the boundaries of the Area. Extends the deadline for the Secretary of the Interior to develop the management plan for the Area until January 1, 1997. Authorizes the Secretary to transfer to the owner of the Old Nevada recreation facility certain Federal lands within the Area which, on March 1, 1994, were used to provide parking for visitors to such facility, in exchange for lands of equal or greater value within the Area. Requires the priority date for the reserved water rights associated with lands added to the Area after November 16, 1990, to be the date of the enactment of the Act adding such lands to the Area. Withdraws lands depicted on the map entitled "Potential Conservation Lands: Possible Hydroelectric Project" from all public land, mining, and mineral and geothermal leasing laws. Declares that nothing in this Act shall limit the issuance of any necessary licenses or public land rights-of-way for any hydroelectric project involving such lands. Adds such lands to the Area five years after the enactment of this Act, unless before such date all necessary licenses and public land rights-of-way have been issued for a hydroelectric project involving some or all of the lands. Permits the Austin Historic Mining District Historical Society to use certain lands in Austin, Nevada, for 20 years for a museum or other facility to illustrate the history of the District.

To expand the boundaries of the Red Rock Canyon National Conservation Area.

SECTION 1. FINDINGS. Congress finds the following: (1) A war has been ongoing in the eastern region of the Democratic Republic of the Congo (in this section referred to as the ``DRC''), with reports that as many as 2,500,000 people have died as a result of the conflict. (2) The war is a result of the August 1998 invasion of the DRC by Rwanda, Uganda, and Burundi. (3) After the invasion, additional loss of life and misery were caused to the people of the DRC when, on occasion, the forces of Uganda and Rwanda fought against each other. (4) A staff member of the United Nations was murdered while visiting the region for the purpose of studying the damage done to the DRC by Uganda and Rwanda. (5) Human rights abuses stemming from this conflict include child and forced labor, mass displacement causing large refugee populations, rape, conscription, arbitrary detention, torture, and bans on political expression and freedom of speech. (6) A recent United Nations report, entitled ``Report of the Panel of Experts on the Illegal Exploitation of Natural Resources and Other Forms of Wealth of the Democratic Republic of Congo'', found that ``Illegal exploitation of the mineral and forest resources of the Democratic Republic of the Congo is taking place at an alarming rate.''. (7) The United Nations report states that resources being looted from the DRC include diamonds, gold, timber, cobalt, coltan (colombo tantalite), coffee, ivory, other minerals, and exotic animals. (8) The United Nations report, in addition to numerous press and eyewitness reports, cites the use, by Rwandans and Rwandan-supported rebels, of slave and prison labor in the mining and extraction of coltan, diamonds, and other minerals. (9) According to the World Conservation Union, ``coltan mining is taking place in [two] World Heritage sites'' in the DRC, Kahuzi-Biega National Park and Okapi Wildlife Reserve, in contravention of DRC protective restrictions. The World Conservation Union further states that ``over 10,000 miners have moved into the Parks and are largely relying on meat from wild animals (bushmeat) for food'', including the endangered eastern lowland gorilla. (10) According to the United States Geological Survey 1999 Minerals Yearbook, 3 of the top 6 nations from which the United States imports unrefined tantalum--a component of coltan--are the DRC, Rwanda, and Uganda, providing for nearly $4,000,000 in revenue to those nations in 1999, and totaling imports of 164 metric tons. (11) As miners have pushed into the forests of the DRC in pursuit of coltan, gold, and other minerals, increased logging has resulted on account of greater access to forest resources and rare woods and has reduced the opportunity for oversight of illegal activities. (12) The United Nations Report of the Panel of Experts found that one result of the illegal exploitation of the DRC was a ``massive availability of financial resources for the Rwandan Patriotic Army, and the individual enrichment of top Ugandan military commanders and civilians'', thereby not only allowing the infiltrating nations to continue their armed incursions, but also providing substantial motivation to pursue such conflict. (13) The United Nations Panel concluded that ``tough measures must be taken to bring an end to the cycle of exploitation of the natural resources and the continuation of the conflict in the Democratic Republic of Congo'', including sanctions against the countries involved in the illegal activities, preventive measures to avoid a recurrence of the situation, and an improvement of international mechanisms and regulations governing some natural resources. (14) Some United States corporations that process and use tantalum for manufacture, including Kemet of Greenville, South Carolina, and Cabot Corporation of Boston, Massachusetts, have asked tantalum suppliers to certify that the mineral does not originate in the Congo region; if they do not, the corporations have said that they will not buy any tantalum from the region. SEC. 2. PROHIBITION ON IMPORTATION OF COLOMBO TANTALITE AND TANTALUM. (a) Colombo Tantalite From Certain Countries.--Colombo tantalite (``coltan'') that is the product of Rwanda, Uganda, Burundi, or the Democratic Republic of the Congo may not be imported into the United States. (b) Tantalum, Tantalum Ore, and Tantalum Powder.--Tantalum, tantalum ore, and tantalum powder may not be imported into the United States unless the importer can demonstrate to the Customs Service that the tantalum, tantalum ore, or tantalum powder (as the case may be) is not produced from colombo tantalite that is a product of a country listed in subsection (a). SEC. 3. PROHIBITION ON PURCHASE OVERSEAS OF COLOMBO TANTALITE AND TANTALUM. (a) Prohibition.--No United States person may purchase outside the United States colombo tantalite, tantalum, tantalum ore, or tantalum powder that is a product of a country listed in section 2(a). (b) Civil Penalty.--The Secretary of the Treasury may impose a civil penalty of not more than $100,000 on any United States person who knowingly violates subsection (a). (c) Definition.--In this section, the term ``United States person'' means-- (1) a United States citizen or alien admitted for permanent residence into the United States; (2) a partnership, corporation, or other legal entity organized under the laws of the United States; and (3) a partnership, corporation, or other legal entity that is organized under the laws of a foreign country and is controlled by entities described in paragraph (2) or United States citizens, or both. SEC. 4. PREVENTION OF TRANSSHIPMENT. The Commissioner of Customs, in consultation with the heads of appropriate departments and agencies, shall, to the extent possible, determine the origins of all colombo tantalite, tantalum, tantalum ore, and tantalum powder in order to prevent the transshipment of colombo tantalite, tantalum, tantalum ore, and tantalum powder that is a product of a country listed in section 2(a) through another country for the purpose of evading the prohibition contained in section 2(a). SEC. 5. TERMINATION OF PROHIBITIONS. The prohibitions contained in sections 2 and 3(a) shall cease to be effective with respect to a country listed in section 2(a) on the date on which the President certifies to the Congress that the country has withdrawn from the conflict in the Democratic Republic of the Congo and that country is abiding by the Ceasefire Agreement of July 10, 1999 (known as the ``Lusaka Accord'').

Prohibits the importation into the United States of colombo tantalite (coltan) or tantalum, tantalum ore, or tantalum powder from the countries of Rwanda, Uganda, Burundi, or the Democratic Republic of the Congo. Prohibits a U.S. person from purchasing such products from such countries outside of the United States. Sets forth a civil penalty for violations of this Act.Directs the Commissioner of Customs to determine, to the extent possible, the origins of such products in order to prevent their transshipment through another country for the purpose of evading the requirements of this Act.

To prohibit the importation into the United States of colombo tantalite from certain countries involved in the conflict in the Democratic Republic of the Congo, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Aid for Skill Enhancement Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) Approximately 3,500,000 students (18 percent of all undergraduate students) attend institutions on a less than half-time basis. (2) Currently, students who are not in a degree-seeking program, or attend school less than half-time, are not eligible for federal financial aid. (3) Individuals in the 21st century workforce will be expected to enhance their skills on a regular basis in order to keep up with constantly changing technology. (4) Time and cost are the most frequently reported barriers to participation in work-related courses. (5) Access to financial aid must be more widely available to people who have family or work responsibilities, or both. (6) Employers will require that workers in the 21st century economy have training beyond high school. (7) Job security and success in the 21st century economy will be dependent on workers access to lifelong learning skills. (8) Approximately 20 percent of United States workers are landing jobs with employers that offer job security, training, and opportunities for lifelong learning. (9) Approximately 40 percent of American workers are not receiving education after high school. These workers may not be able to compete for the best jobs in the 21st century economy. (10) As America is forced to compete increasingly in a global marketplace, employers must have the best trained workforce in the world. (11) Employers must have the domestic capacity to fill the jobs of the 21st century economy. SEC. 3. ESTABLISHMENT OF PROGRAM. Part D of title IV of the Higher Education Act of 1965 is amended by inserting after section 460 (20 U.S.C. 1087j) the following new section: ``SEC. 460A. DIRECT LOANS FOR LESS-THAN-HALF-TIME STUDENTS. ``(a) Purpose.--It is the purpose of this section to establish a direct loan program at qualifying public institutions to provide loans to less-than-half-time students to cover the costs of programs providing instruction to enable those students to acquire or improve job skills. ``(b) Program Authority.--From the funds appropriated under subsection (g), the Secretary shall provide funds to qualifying public institutions, or consortia thereof, that have entered into agreements with the Secretary under subsection (c), or to alternative originators designated by the Secretary, to make loans to eligible part-time students at those institutions in accordance with the requirements of this section. ``(c) Participation Agreements.-- ``(1) Eligibility of institutions; consortia.--The Secretary shall enter into a participation agreement under this subsection with any qualifying public institution, or consortia thereof, that submits to the Secretary a request for participation and a demonstration of its status as a qualifying public institution. Subject to such requirements as the Secretary may prescribe, two or more qualifying public institutions may apply to the Secretary as consortia to enter into agreements with the Secretary to originate loans under this section for students in attendance at such institutions. ``(2) Alternative originators.--The Secretary shall, by regulation, establish qualifications for an organization to enter into an agreement with the Secretary as an alternative originator. ``(3) Terms of agreements.--An agreement under this section shall-- ``(A) provide for the establishment and maintenance of a direct student loan program at the institution under which the institution will-- ``(i) identify eligible part-time students who seek student financial assistance at such institution; ``(ii) determine the amount of eligible education expenses of such students; ``(iii) provide a statement that certifies the eligibility of any student to receive a loan under this section that is not in excess of such eligible educational expenses; ``(iv) provide timely and accurate information-- ``(I) concerning the status of student borrowers while such students are in attendance at the institution and concerning any new information of which the institution becomes aware for such students after such borrowers leave the institution, to the Secretary for the servicing and collecting of loans made under this part; and ``(II) if the institution does not have an agreement with the Secretary under this subsection, concerning student eligibility and eligible educational expenses to the Secretary as needed for the alternative origination of loans to eligible part- time students; ``(B) provide assurances that the institution will comply with requirements established by the Secretary relating to student loan information with respect to loans made under this section; ``(C) provide that the institution accepts responsibility and financial liability stemming from its failure to perform its functions pursuant to the agreement; ``(D) provide that the institution will not charge any fees of any kind, however described, to student borrowers for origination activities or the provision of any information necessary for a student to receive a loan under this section, or any benefits associated with such loan; ``(E) provide that the institution or consortium will originate loans to eligible part-time students in accordance with this section, and that such origination may include the acceptance of applications by means of the Internet or other electronic means; ``(F) provide that the note or evidence of obligation on the loan shall be the property of the Secretary; and ``(G) include such other provisions as the Secretary determines are necessary to protect the interests of the United States and to promote the purposes of this section, except that the Secretary shall not require any institution to perform any needs analysis of any applicant for a loan under this section. ``(3) Withdrawal and termination procedures.--The Secretary shall establish procedures by which institutions or consortia may withdraw or be terminated from the program under this section. ``(d) Terms and Conditions of Loans.-- ``(1) In general.--A note or other evidence of a loan under this section shall-- ``(A) require the borrower to repay the loan, together with interest thereon, in installments beginning not less than one month after the conclusion of the period of enrollment for which the loan was made and ending not later than one year thereafter, except that the borrower shall be entitled to accelerate, without penalty, repayment on the borrower's loans under this section; ``(B) obligate the borrower to pay interest on the outstanding balance of the loan at a rate prescribed by the Secretary taking into account the purposes of this section; ``(C) require the borrower to participate in exit counseling under section 485(b); and ``(D) contain such additional terms and conditions as the Secretary may require to protect the interests of the United States and to promote the purposes of this section. ``(2) Deferment.--A borrower of a loan under this section who meets the requirements of section 455(f)(2) shall be eligible for a deferment, during which periodic installments of principal need not be paid, and interest shall accrue and be capitalized or paid by the borrower. ``(3) Simple application.--The common financial reporting form required in section 483(a)(1) shall not be required for an application for a loan under this section. The Secretary shall prescribe by regulation a simple form for determining eligibility for and the amount of loans under this section. ``(4) Loan disbursement.--Proceeds of loans to students under this part shall be applied to the student's account for tuition and fees. The Secretary shall establish periods for the payments of such proceeds in a manner consistent with payment of Federal Pell Grants under subpart 1 of part A of this title. ``(e) Fiscal Control and Fund Accountability.--Section 454(k) shall apply to funds provided under this section. ``(f) Contracts for Origination, Servicing, and Data Systems.--The Secretary may enter into contracts for-- ``(1) the alternative origination of loans to eligible part-time students attending qualifying public institutions with agreements to participate in the program under this part, if such institutions do not have agreements with the Secretary under subsection (c); and ``(2) the servicing and collection of loans made under this section. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to provide funds for loans under this section such sums as may be necessary for fiscal year 2001 and for each of the 4 succeeding fiscal years. ``(h) Definitions.--As used in this section: ``(1) Qualifying public institutions.--The term `qualifying public institution' means an institution that-- ``(A) is an eligible institution under section 435(a); and ``(B) is a public institution that provides an educational program for which the institution awards a bachelor's degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree. ``(2) Eligible part-time student.--The term `eligible part- time student' means a student that is an eligible student as determined under section 484, except that-- ``(A) the student does not meet the requirements of section 484(a)(1), but is enrolled or accepted for enrollment in a program of instruction the expenses for which are eligible education expenses; ``(B) the student is not required to meet the requirements of section 484(a)(2), but the Secretary may by regulation prescribe limitations to prevent abuse; ``(C) the institution may require students to establish credit worthiness a condition of obtaining a loan under this section; ``(D) a student who has obtained a loan or loans to cover eligible education expenses for 4 courses of instruction shall not be an eligible part-time student until such loan or loans are repaid. ``(3) Eligible education expenses.--The term `eligible education expenses' means the tuition and fees, and the cost of any books, required with respect to any course of instruction at a qualifying public institution to acquire or improve job skills of an individual.''. SEC. 4. EMPLOYER PAYMENTS ON DIRECT LOANS FOR LESS-THAN-HALF-TIME STUDENTS EXCLUDABLE FROM GROSS INCOME. (a) In General.--Subparagraph (A) of section 127(c)(1) of the Internal Revenue Code of 1986 (relating to employer-provided educational assistance programs) is amended by striking ``and equipment)'' and inserting ``and equipment, and payments on loans made under section 468A of the Higher Education Act of 1965 (relating to direct loans for less-than-half-time students))''. (b) Effective Date.--The amendment made by this section shall apply to payments made after the date of the enactment of this Act.

Amends the Internal Revenue Code with respect to employer-provided educational assistance programs to exclude from an employee's gross income any employer payments on such student loans.

Financial Aid for Skill Enhancement Act of 2000

SECTION 1. EVALUATION OF THE SURGE OF APPEALS OF VETERANS CLAIMS. (a) In General.--There is established a task force (in this section referred to as the ``Appeals Task Force'') to evaluate the backlog of appeals of claims within the Board of Veterans' Appeals and the United States Court of Appeals for Veterans Claims. (b) Study.-- (1) In general.--The Appeals Task Force shall carry out a study on the anticipated increase of appeals of claims, including the current process all parties use to evaluate appeals and the laws and regulations applicable to such claims and appeals. Such study shall be a comprehensive evaluation and assessment of the backlog of claims, an analysis of possible improvements to the procedures used to process such appeals, and any related issues that the Appeals Task Force considers relevant. (2) Consideration.--In carrying out the study under paragraph (1) and making any recommendations under this section, the Appeals Task Force shall consider the following: (A) The interests of veterans, including with respect to accuracy, fairness, and transparency in the appeals process of the Board and the Court. (B) The values and requirements of the Constitution, including with respect to compliance with procedural and substantive due process. (C) The public interest, including with respect to the responsible use of available resources. (D) The importance of the claimant friendly, nonadversarial nature of the appeals process. (3) Matters included.--In carrying out the study under paragraph (1), the Appeals Task Force shall examine the following: (A) The anticipated surge in appeals of claims, including an analysis of-- (i) the most effective means to quickly and accurately resolve pending appeals and future appeals; (ii) with respect to both the Board and the Court, the annual funding, number of full-time employees, workload management practices, and the progress, as of the date of the study, of the transformation plan of the Department; and (iii) the efficiency, effectiveness, and utility of the Veterans Benefits Management System with respect to appeals operations, including an identification of key changes that may need to be implemented to such system. (B) Possible improvements to the appeals process, including an evaluation and recommendations with respect to whether substantive and structural changes to the overall appeals process are required. (C) In carrying out the evaluation and recommendations under subparagraph (B), an examination of-- (i) options that make no major substantive changes to the appeals process; (ii) options that maintain the process but make minor changes; (iii) options that make broad changes to the process; (iv) the necessity of the multi-tiered levels of appeals at the regional office level, including filing a notice of disagreement, receipt of a statement of the case, supplemental statement of the case (if applicable), and substantive appeal (VA Form 9); (v) the role of the Board and the Appeals Management Center, including-- (I) the effectiveness of the workload management of the Board and the Center; (II) whether the Board and Center should be regionalized or maintain the centralized structure in the District of Columbia; and (III) whether Board Members should be required to pass the administrative law judges certification examination; and (vi) the role of the Court and the United States Court of Appeals for the Federal Circuit, including-- (I) the continued effectiveness and necessity of a two-tiered structure of judicial review; (II) the article I status of the Court; (III) expansion of either the Court or the United States Court of Appeals for the Federal Circuit jurisdiction, including by allowing such courts to hear class action lawsuits with respect to claims; and (IV) the possibility of expanding judicial review of claims to all Federal circuit courts of appeals. (4) Role of secretary of veterans affairs.-- (A) Information.--In carrying out a study on the backlog of claims under paragraph (1), the Appeals Task Force shall submit to the Secretary of Veterans Affairs, Chairman of the Board of Veterans' Appeals, and the Court, at times that the Appeals Task Force determines appropriate, information with respect to remedies and solutions for the Appeals Task Force identifies pursuant to such study. (B) Implementation.--The Secretary, the Board, and the Court shall-- (i) fully consider the remedies and solutions submitted under subparagraph (A); (ii) implement such remedies and solutions as the Secretary determines appropriate; and (iii) submit to Congress justification for failing to implement any such remedy or solution. (5) Plan.--The Appeals Task Force shall submit to the Secretary of Veterans Affairs, Chairman of the Board of Veterans' Appeals, and the Court a feasible, timely, and cost effective plan to eliminate the backlog of appeals of claims based on the remedies and solutions identified pursuant to the study under paragraph (1) and the information submitted under paragraph (4)(A). (c) Reports.-- (1) Initial report.--Not later than 180 days after the date on which the Appeals Task Force first meets, the Appeals Task Force shall submit to the President and Congress an initial report on the study conducted under subsection (b), including-- (A) a proposed plan to handle the anticipated surge in appeals of claims; and (B) the level of cooperation the Appeals Task Force has received from the Secretary, the Board, and the Court and the heads of other departments or agencies of the Federal Government. (2) Interim reports.--Not later than 180 days after the date on which the Appeals Task Force first meets, and each 30- day period thereafter ending on the date on which the Appeals Task Force submits the final report under paragraph (3), the Appeals Task Force shall submit to the President and Congress a report on-- (A) the progress of the Board and the Court with respect to implementing solutions to complete appeals of claims in a timely manner; and (B) the level of cooperation the Appeals Task Force has received from the Secretary, the Board, and the Court and the heads of other departments or agencies of the Federal Government. (3) Final report.--Not later than 180 days after the date on which the Appeals Task Force first meets, the Appeals Task Force shall submit to the President and Congress a report on the study conducted under subsection (b). The report shall include the following: (A) The findings, conclusions, and recommendations of the Appeals Task Force with respect to the matters referred to in such subsection. (B) The recommendations of the Appeals Task Force for revising and improving appellant procedures. (C) The information described in subsection (b)(4)(A). (D) The feasible, timely, and cost effective plan described in subsection (b)(5). (E) The progress of the Secretary, the Board, and the Court with respect to implementing solutions to provide timely appeals of claims. (F) Other information and recommendations with respect to claims as the Appeals Task Force considers appropriate. (d) Membership.-- (1) Number and appointment.--The Appeals Task Force shall be composed of 15 members, appointed as follows: (A) One member appointed by the Speaker of the House of Representatives, at least one of whom shall be a veteran. (B) One member appointed by the minority leader of the House of Representatives, at least one of whom shall be a veteran. (C) One member appointed by the majority leader of the Senate, at least one of whom shall be a veteran. (D) One member appointed by the minority leader of the Senate, at least one of whom shall be a veteran. (E) One member appointed by the President. (F) Six members appointed by the Secretary of Veteran Affairs-- (i) one of whom shall be an employee of the Office of the Secretary; (ii) two of whom shall be employees of the Veterans Benefits Administration; and (iii) three of whom shall be members of a veterans service organization. (G) Two members appointed by the Board. (H) Two members appointed by the Court. (2) Chairman and co-chairmen.--Of the members of the Appeals Task Force described in subparagraphs (G) and (H) of paragraph (1) and clauses (i) and (ii) of subparagraph (F) of such paragraph, the Secretary of Veterans Affairs shall appoint one member to be chairman and two members to be co-chairmen. (3) Period of appointment.--Members of the Appeals Task Force shall be appointed for the life of the Appeals Task Force. A vacancy shall not affect its powers. (4) Vacancy.--A vacancy on the Appeals Task Force shall be filled in the manner in which the original appointment was made. (5) Appointment deadline.--The appointment of members of the Appeals Task Force established in this section shall be made not later than 45 days after the date of the enactment of this Act. (e) Meetings.-- (1) Initial meeting.--The Appeals Task Force shall hold its first meeting not later than 30 days after the date on which a majority of the members are appointed. (2) Meetings.--The Appeals Task Force shall meet at the call of the chairman. (3) Quorum.--A majority of the members of the Appeals Task Force shall constitute a quorum, but a lesser number may hold hearings. (f) Powers of the Appeals Task Force.-- (1) Hearings.--The Appeals Task Force may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Appeals Task Force considers advisable to carry out the purposes of this section. In addition, the Appeals Task Force may invite and consider such information from individuals and organizations as the Chairman and co-chairmen consider appropriate. (2) Information from federal agencies.--The Appeals Task Force may secure directly from any department or agency of the Federal Government such information as the Appeals Task Force considers necessary to carry out the provisions of this section. Upon request of the chairman, the head of such department or agency shall furnish such information to the Appeals Task Force. (3) Postal services.--The Appeals Task Force may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (4) Gifts.--The Appeals Task Force may accept, use, and dispose of gifts or donations of service or property. (g) Personnel Matters.-- (1) Compensation of members.--Each member of the Appeals Task Force who is not an officer or employee of the United States 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 the member is engaged in the performance of the duties of the Appeals Task Force. All members of the Appeals Task Force who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses.--The members of the Appeals Task Force 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 of the Appeals Task Force. (3) Staff.-- (A) Executive director.--The chairman of the Appeals Task Force may, without regard to the civil service laws and regulations, appoint an executive director and such other personnel as may be necessary to enable the Appeals Task Force to perform its duties. The appointment of an executive director shall be subject to the approval of the Appeals Task Force. (B) Compensation.--The chairman of the Appeals Task Force may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Upon request of the chairman of the Appeals Task Force, the head of any department or agency of the Federal Government may detail, on a nonreimbursable basis, any personnel of that department or agency to the Appeals Task Force to assist it in carrying out its duties. (5) Procurement of temporary and intermittent services.-- The chairman of the Appeals Task Force may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Service under section 5316 of such title. (h) Termination of Appeals Task Force.--The Appeals Task Force shall terminate 60 days after the date on which the Appeals Task Force submits the final report under subsection (c)(3). (i) Funding.-- (1) In general.--The Secretary shall, upon the request of the chairman of the Appeals Task Force, make available to the Appeals Task Force such amounts as the Appeals Task Force may require to carry out the duties of the Appeals Task Force under this section. (2) Availability.--Any sums made available to the Appeals Task Force shall remain available, without fiscal year limitation, until the termination of the Appeals Task Force. (j) Definitions.--In this section: (1) The term ``Board'' means the Board of Veterans' Appeals. (2) The term ``claim'' means a claim for disability compensation under the laws administered by the Secretary of Veterans Affairs. (3) The term ``Court'' means the United States Court of Appeals for Veterans Claims.

Establishes an Appeals Task Force to evaluate the backlog of appeals of claims within the Board of Veterans' Appeals and the U.S. Court of Appeals for Veterans Claims (Court). Requires the Task Force to study: (1) the anticipated surge in appeals of claims; and (2) possible improvements to the appeals process, including whether substantive and structural changes to the overall appeals process are required. Directs the Task Force to submit to the Secretary of Veterans Affairs, the Chairman of the Board of Veterans' Appeals, and the Court a feasible, timely, and cost effective plan to eliminate the backlog of appeals based on the remedies and solutions it identifies. Requires the Secretary, Chairman, and Court to: (1) fully consider those remedies and solutions, (2) implement those the Secretary deems appropriate, and (3) submit to Congress justification for failing to implement any such remedy or solution.

To establish a task force to evaluate the backlog of appeals to claims submitted to the Secretary of Veterans Affairs.

SECTION 1. EXTENSION OF CERTAIN EXPIRING PROVISIONS OF LAW ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS. (a) Authority for Health Care for Participation in DOD Chemical and Biological Warfare Testing.--Section 1710(e)(3)(D) of title 38, United States Code, is amended by striking ``December 31, 2005'' and inserting ``December 31, 2007''. (b) Grant and Per Diem Grant Assistance for Homeless Veterans.-- Section 2011(a)(2) of such title is amended by striking ``September 30, 2005'' and inserting ``September 30, 2007''. (c) Treatment and Rehabilitation for Seriously Mentally Ill and Homeless Veterans.--Section 2031(b) of such title is amended by striking ``December 31, 2006'' and inserting ``December 31, 2007''. (d) Additional Services for Homeless and Seriously Mentally Ill Veterans.--Section 2033(d) of such title is amended by striking ``December 31, 2006'' and inserting ``December 31, 2007''. (e) Advisory Committee on Homeless Veterans.--Section 2066(d) of such title is amended by striking ``December 31, 2006'' and inserting ``December 31, 2007''. (f) Government Markers in Private Cemeteries.--Section 2306(d)(3) of such title is amended by striking ``December 31, 2006'' and inserting ``December 31, 2007''. (g) Additional Educational Assistance Allowance for Work-Study.-- Section 3485(a)(4) of such title is amended in subparagraphs (A), (C), and (F) by striking ``December 27, 2006'' and inserting ``June 30, 2007''. SEC. 2. EXPANSION OF ELIGIBILITY FOR SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM. (a) Expansion of Eligibility.--Section 3501(a)(1) of title 38, United States Code, is amended-- (1) by striking the period at the end of subparagraph (A) and inserting a semicolon; (2) by striking the comma at the end of subparagraph (B) and inserting a semicolon; (3) by striking ``, or'' at the end of subparagraph (C) and inserting a semicolon; (4) by striking the comma at the end of subparagraph (D) and inserting ``; or''; and (5) by inserting after subparagraph (D) the following new subparagraph: ``(E) the spouse or child of a person who at the time of application by such spouse or child for educational assistance under this chapter is a member of the Armed Forces who, as determined by the Secretary, has a total disability permanent in nature incurred or aggravated in the active military, naval, or air service;''. (b) Conforming Amendments.--Such title is further amended-- (1) in section 3511-- (A) in subsection (a)(1)-- (i) by striking ``Each eligible person'' and inserting the following: ``Each eligible person, whether made eligible by one or more of the provisions of section 3501(a)(1) of this title,''; (ii) by striking ``a period'' and inserting ``an aggregate period''; and (iii) by striking the second sentence; (B) in subsection (b)(3), by striking ``section 3501(a)(1)(D)'' and inserting ``subparagraph (D) or (E) of section 3501(a)(1)''; and (C) in subsection (c), by striking ``or 3501(a)(1)(D)(i)'' and inserting ``3501(a)(1)(D)(i), or 3501(a)(1)(E)''; (2) in section 3512-- (A) in subsection (a), by striking ``an eligible person (within the meaning of section 3501(a)(1)(A) of this title)'' and inserting ``an eligible person whose eligibility is based on the death or disability of a parent''; (B) in subsection (b)-- (i) in paragraph (1)(A)-- (I) by inserting after ``section 3501(a)(1) of this title'' the following: ``or a person made eligible by the disability of a spouse under section 3501(a)(1)(E) of this title''; (II) by striking ``or 3501(a)(1)(D)(ii) of this title'' and inserting ``3501(a)(1)(D)(ii), or 3501(a)(1)(E) of this title''; (ii) in paragraph (1)(B), by adding at the end the following new clause: ``(iii) The date on which the Secretary notifies the member of the Armed Forces from whom eligibility is derived that the member has a total disability permanent in nature incurred or aggravated in the active military, naval, or air service.''; and (iii) in paragraph (2), by striking ``or (D) of this title'' and inserting ``(D), or (E) of this title''; (3) in section 3540, by striking ``and (D)'' and inserting ``(D), and (E)''; (4) in section 3563, by striking ``each eligible person defined in section 3501(a)(1)(A) of this title'' and inserting the following: ``each eligible person whose eligibility is based on the death or disability of a parent''; (5) in section 3686(a)(1), by striking ``or (D)'' and inserting ``(D), or (E)''; and (6) in section 5113(b)(3)(B), by striking ``or (D)'' and inserting ``(D), or (E)''. (c) Effective Date.--The amendments made by this section shall apply with respect to a payment of educational assistance for a course of education pursued after the date of the enactment of this Act. Passed the House of Representatives November 14, 2006. Attest: KAREN L. HAAS, Clerk.

Amends federal veterans' benefits provisions to extend through 2007: (1) the authority for health care provided through the Department of Veterans Affairs (VA) due to prior participation in Department of Defense (DOD) chemical and biological warfare testing; (2) certain grants and per diem assistance for homeless veterans; (3) VA treatment and rehabilitation and additional services for seriously mentally ill and homeless veterans; (4) the Advisory Committee on Homeless Veterans; and (5) VA authority to reimburse the next of kin of a deceased veteran for the placement of a government marker at a burial site in a private cemetery. Extends through June 30, 2007, VA authority for an additional educational assistance allowance for work-study performed by veterans. Expands eligibility for educational assistance under the Survivors' and Dependents' Educational Assistance Program to include the spouse or child of a member of the Armed Forces who has a total permanent disability incurred in or aggravated by active military service.

To amend title 38, United States Code, to extend certain expiring provisions of law and to expand eligibility for the Survivors' and Dependents' Educational Assistance program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Combat Heroin Epidemic and Backlog Act of 2015''. SEC. 2. CONFRONTING THE USE OF HEROIN AND ASSOCIATED DRUGS. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART LL--CONFRONTING THE USE OF HEROIN AND ASSOCIATED DRUGS ``SEC. 3021. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY AND HEROIN DISTRIBUTION, SALE, AND USE. ``(a) Purpose.--The purpose of this section is to assist States and Indian tribes to-- ``(1) carry out programs to address the distribution, sale, and use of heroin, fentanyl, and associated synthetic drugs; and ``(2) improve the ability of State, tribal, and local government institutions to carry out such programs. ``(b) Grant Authorization.--The Attorney General, through the Bureau of Justice Assistance, may make grants to States and Indian tribes to address the distribution, sale, and use of heroin, fentanyl, and associated synthetic drugs to enhance public safety. ``(c) Grant Projects To Address Distribution, Sale, and Use of Heroin, Fentanyl, and Associated Synthetic Drugs.--Grants made under subsection (b) may be used for programs, projects, and other activities to-- ``(1) reimburse State, local, or other forensic science laboratories to help address backlogs of untested samples of heroin, fentanyl, and associated synthetic drugs; ``(2) reimburse State, local, or other forensic science laboratories for procuring equipment, technology, or other support systems if the applicant for the grant demonstrates to the satisfaction of the Attorney General that expenditures for such purposes would result in improved efficiency of laboratory testing and help prevent future backlogs; ``(3) reimburse State, tribal, and local law enforcement agencies for procuring field-testing equipment for use in the identification or detection of heroin, fentanyl, and associated synthetic drugs; ``(4) investigate, arrest, and prosecute individuals violating laws related to the distribution or sale of heroin, fentanyl, and associated synthetic drugs; and ``(5) support State, tribal, and local health department services deployed to address the use of heroin, fentanyl, and associated synthetic drugs. ``(d) Limitation.--Not less than 60 percent of the amounts made available to carry out this section shall be awarded for the purposes under paragraph (1) or (2) of subsection (c). ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2017, 2018, and 2019. ``(f) Allocation.-- ``(1) Population allocation.--Seventy-five percent of the amount made available to carry out this section in a fiscal year shall be allocated to each State that meets the requirements of section 2802 so that each State shall receive an amount that bears the same ratio to the 75 percent of the total amount made available to carry out this section for that fiscal year as the population of the State bears to the population of all States. ``(2) Discretionary allocation.-- ``(A) In general.--Twenty-five percent of the amount made available to carry out this section in a fiscal year shall be allocated pursuant to the Attorney General's discretion for competitive awards to States and Indian tribes. ``(B) Considerations.--In making awards under subparagraph (A), the Attorney General shall consider-- ``(i) the average annual number of part 1 violent crimes reported by each State to the Federal Bureau of Investigation for the 3 most recent calendar years for which data is available; and ``(ii) the existing resources and current needs of the potential grant recipient. ``(3) Minimum requirement.--Each State shall receive not less than 0.6 percent of the amount made available to carry out this section in each fiscal year. ``(4) Certain territories.-- ``(A) In general.--For purposes of the allocation under this section, American Samoa and the Commonwealth of the Northern Mariana Islands shall be considered as 1 State. ``(B) Allocation amongst certain territories.--For purposes of subparagraph (A), 67 percent of the amount allocated shall be allocated to American Samoa and 33 percent shall be allocated to the Commonwealth of the Northern Mariana Islands.''.

Combat Heroin Epidemic and Backlog Act of 2015 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Department of Justice's Bureau of Justice Assistance to award grants to state and tribal governments to address the distribution, sale, and use of heroin, fentanyl, and associated synthetic drugs. Grants may be used to: reimburse forensic science laboratories for efforts to address and prevent testing backlogs; reimburse law enforcement agencies for equipment to identify or detect heroin, fentanyl, and associated synthetic drugs; investigate, arrest, and prosecute distributors or sellers; and support health department services for users.

Combat Heroin Epidemic and Backlog Act of 2015

SECTION 1. FINDINGS. Congress makes the following findings: (1) Numerous studies by the Office of the Inspector General of the Department of the Interior, the General Accounting Office, and independent auditors have criticized the absence of independent oversight or other forms of internal control over the Department's management of Indian trust assets and trust funds. (2) Indian and tribal account holders have indicated that they will have little or no confidence in the reform of the trust management system if the reform is carried out by the same entities that are responsible for the management of the system on the date of enactment of this Act. (3) It would constitute an inherent conflict of interest or at least the appearance of a conflict of interest if the entity establishing internal controls for a trust management system were to be appointed, supervised, and subject to removal by the entity that such internal controls are written for. (4) Account holder confidence will be improved if the same official is not simultaneously responsible for the immediate supervision of the fiduciary and financial reporting activities of both the trust fund accounting system and the trust asset and accounting management system. (5) To the extent practicable, the reform of activities and creation of internal controls as described in the Department of the Interior's Trust Management Improvement Project, High Level Implementation Plan dated July 1998, and any amendments or modifications to that plan, should be carried out by private contractors. SEC. 2. SPECIAL TRUSTEE FOR DATA CLEANUP AND INTERNAL CONTROL. The American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.) is amended-- (1) by redesignating title IV as title V; (2) by redesignating section 401 as section 501; and (3) by inserting after title III, the following: ``TITLE IV--MISCELLANEOUS PROVISIONS ``SEC. 401. SPECIAL TRUSTEE FOR DATA CLEANUP AND INTERNAL CONTROL. ``(a) Establishment.--There is hereby established within the Department of Interior the Office of Special Trustee for Data Cleanup and Internal Control. The Office shall be headed by the Special Trustee for Data Cleanup and Internal Control (referred to in this section as the `Special Trustee') who shall report directly to the Secretary. ``(b) Special Trustee.-- ``(1) Appointment.--The Special Trustee shall be appointed by the Inspector General of the Department of the Interior from among individuals who possess demonstrated ability in the-- ``(A) development and implementation of internal controls; ``(B) development and implementation of trust management procedures; and ``(C) conversion or rehabilitation of trust management systems. ``(2) Compensation.--The Special Trustee shall be paid at a rate determined by the Secretary to be appropriate for the position, but not less than the basic pay payable at Level III of the Executive Schedule under Section 5313 of Title 5. ``(3) Term of office.--The Special Trustee shall serve for a term of 2 years and may only be removed for good cause by the Secretary. ``(c) Duties.-- ``(1) In general.--Notwithstanding title III, the Special Trustee shall oversee the following subprojects as identified in the Draft Trust Management Improvement Project Subproject Task Updates, dated April 1999: ``(A) Subproject #1, OST Data Cleanup. ``(B) Subproject #5, Trust Funds Accounting System. ``(C) Subproject #9, Policies and Procedures. ``(D) Subproject #10, Training. ``(E) Subproject #11, Internal Controls. ``(2) Oversight.--The Special Trustee shall oversee the expenditure of funds appropriated by Congress for each of the subprojects described in paragraph (1), including the approval or modification of contracts, and make employment decisions for each of the positions funded for each of such projects. ``(3) Contracting.--To the maximum extent practicable, the Special Trustee shall ensure that activities are carried out under this subsection through contracts entered into with private entities or through the retention of the temporary services of trust management specialists. ``(d) Modification of Implementation Plan.--To the extent that the activities to be carried out under subsection (c) are altered or amended as a result of any modification made after the date of enactment of this Act to the Department of the Interior's Trust Management Improvement Project, High Level Implementation Plan (dated July 1998), the Special Trustee shall continue to be responsible for overseeing such activities.''.

Requires that the Special Trustee ensure that activities are carried out under this Act through contracts entered into with private entities or through the retention of the temporary services of trust management specialists. Declares that the Special Trustee shall continue to be responsible for overseeing such activities if they are altered or amended as a result of any modifications to the Department's Trust Management Improvement Project, High Level Implementation Plan (dated July 28, 1998).

A bill to amend the American Indian Trust Fund Management Reform Act of 1994 to establish within the Department of the Interior an Office of Special Trustee for Data Cleanup and Internal Control.

SECTION 1. SHORT TITLE. This Act may be cited as the ``College Savings Protection Act''. SEC. 2. MODIFICATIONS TO QUALIFIED TUITION PROGRAMS. (a) Eligible Educational Institutions Permitted To Maintain Qualified Tuition Programs.-- (1) In general.--Section 529(b)(1) of the Internal Revenue Code of 1986 (defining qualified State tuition program) is amended by inserting ``or by one or more eligible educational institutions'' after ``maintained by a State or agency or instrumentality thereof''. (2) Private qualified tuition programs limited to benefit plans.--Clause (ii) of section 529(b)(1)(A) of such Code is amended by inserting ``in the case of a program established and maintained by a State or agency or instrumentality thereof,'' before ``may make''. (3) Conforming amendments.-- (A) Sections 72(e)(9), 135(c)(2)(C), 135(d)(1)(D), 529, 530(b)(2)(B), 4973(e), and 6693(a)(2)(C) of such Code are each amended by striking ``qualified State tuition'' each place it appears and inserting ``qualified tuition''. (B) The headings for sections 72(e)(9) and 135(c)(2)(C) of such Code are each amended by striking ``qualified state tuition'' and inserting ``qualified tuition''. (C) The headings for sections 529(b) and 530(b)(2)(B) of such Code are each amended by striking ``Qualified state tuition'' and inserting ``Qualified tuition''. (D) The heading for section 529 of such Code is amended by striking ``state''. (E) The item relating to section 529 in the table of sections for part VIII of subchapter F of chapter 1 of such Code is amended by striking ``State''. (b) Exclusion From Gross Income of Education Distributions From Qualified Tuition Programs.-- (1) In general.--Section 529(c)(3)(B) of such Code (relating to distributions) is amended to read as follows: ``(B) Distributions for qualified higher education expenses.--For purposes of this paragraph-- ``(i) In-kind distributions.--No amount shall be includible in gross income under subparagraph (A) by reason of a distribution which consists of providing a benefit to the distributee which, if paid for by the distributee, would constitute payment of a qualified higher education expense. ``(ii) Cash distributions.--In the case of distributions not described in clause (i), if-- ``(I) such distributions do not exceed the qualified higher education expenses (reduced by expenses described in clause (i)), no amount shall be includible in gross income, and ``(II) in any other case, the amount otherwise includible in gross income shall be reduced by an amount which bears the same ratio to such amount as such expenses bear to such distributions. ``(iii) Treatment as distributions.--Any benefit furnished to a designated beneficiary under a qualified tuition program shall be treated as a distribution to the beneficiary for purposes of this paragraph. ``(iv) Coordination with hope and lifetime learning credits.--The total amount of qualified higher education expenses with respect to an individual for the taxable year shall be reduced-- ``(I) as provided in section 25A(g)(2), and ``(II) by the amount of such expenses which were taken into account in determining the credit allowed to the taxpayer or any other person under section 25A. ``(v) Coordination with education individual retirement accounts.--If, with respect to an individual for any taxable year-- ``(I) the aggregate distributions to which clauses (i) and (ii) and section 530(d)(2)(A) apply, exceed ``(II) the total amount of qualified higher education expenses otherwise taken into account under clauses (i) and (ii) (after the application of clause (iv)) for such year, the taxpayer shall allocate such expenses among such distributions for purposes of determining the amount of the exclusion under clauses (i) and (ii) and section 530(d)(2)(A).''. (2) Conforming amendments.-- (A) Section 135(d)(2)(B) of such Code is amended by striking ``the exclusion under section 530(d)(2)'' and inserting ``the exclusions under sections 529(c)(3)(B)(i) and 530(d)(2)''. (B) Section 221(e)(2)(A) of such Code is amended by inserting ``529,'' after ``135,''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.

College Savings Protection Act- Amends the Internal Revenue Code to: (1) permit private educational institutions to maintain qualified tuition programs; and (2) exclude distributions from such programs which are used to pay educational expenses from gross income.

To amend the Internal Revenue Code of 1986 to permit private educational institutions to maintain qualified tuition programs and to provide that distributions from such programs which are used to pay educational expenses shall not be includible in gross income.

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Surface Transportation and Taxation Equity Act'' or as the ``STATE Act''. (b) Purposes.--The purposes of this Act are to-- (1) return primary transportation program responsibility and taxing authority to the States, (2) free States' transportation dollars from Federal micromanagement, earmarking, and budgetary pressures, (3) enable decisions regarding which infrastructure projects will be built, how they will be financed, and how they will be regulated to be made by persons best able to make those decisions, (4) eliminate the current system in which a Federal gasoline tax is sent to Washington and through a cumbersome Department of Transportation bureaucracy, (5) prohibit the Federal Government from forcing unwanted mandates on States by threatening to withhold transportation money, and (6) achieve measurable congestion mitigation and infrastructure preservation and safety in a cost effective way subject to available resources. SEC. 2. FEDERAL TAX ON FUELS DECREASED BY AMOUNT OF INCREASE IN STATE TAX ON FUEL. (a) In General.--Subpart B of part III of subchapter A of chapter 32 of the Internal Revenue Code of 1986 (relating to special provisions applicable to fuels tax) is amended by adding at the end the following new section: ``SEC. 4106. REDUCTION IN RATES OF TAX BASED ON INCREASE IN STATE TAX RATE. ``(a) In General.--Under regulations prescribed by the Secretary, the rate of tax imposed under section 4081 with respect to any fuel and the rate of tax imposed under section 4041 with respect to any liquid shall be decreased, but not below 2 cents per gallon, by the applicable State tax rate increase with respect to such fuel or liquid. ``(b) Applicable State Tax Rate Increase.--For purposes of this section, the term `applicable State tax rate increase' means, with respect to any fuel or liquid, the excess, as periodically determined under tables prescribed by the Secretary, of-- ``(1) the rate of tax imposed by the applicable State on the sale or use of such fuel or liquid, over ``(2) the rate of tax imposed by the applicable State on the sale or use of such fuel or liquid as of the date of the introduction of the STATE Act. Any increase in the rate of tax imposed by any applicable State on the sale or use of any fuel or liquid shall be taken into account under this subsection only if State law provides that such increase is to be taken into account under this subsection. ``(c) Applicable State.--For purposes of this section, the term `applicable State' means the State which is determined under regulations prescribed by the Secretary as-- ``(1) in the case of a liquid to which section 4041 applies, the State in which such liquid is sold or used, or ``(2) in the case of a fuel to which section 4081 applies, the State in which such fuel is most likely to be sold or used. ``(d) Requirement To Maintain Interstate Highway System.-- Subsection (a) shall not apply with respect to any fuel or liquid if the applicable State with respect to such fuel or liquid has not entered into an agreement with the Secretary of Transportation under which such State has agreed to provide for the proper maintenance of that portion of the interstate highway system which is within such State.''. (b) Conforming Amendments.-- (1) Section 9503 of such Code is amended by striking subsection (d). (2)(A) Paragraph (4) of section 9503(e) of such Code is amended to read as follows: ``(4) Reduction in rate of transfer based on reduction in state tax rates.-- ``(A) In general.--There shall be substituted for each amount in paragraph (2) an amount which bears the same ratio to such amount as the aggregate reduced tax rate bears to the aggregate unreduced tax rate. ``(B) Aggregate reduced tax rate.--For purposes of subparagraph (A), the term `aggregate reduced tax rate' means, with respect to any amount for any calendar year, the amount of tax that the Secretary estimates will be imposed with respect to the liquid or fuel to which such amount relates for such year after application of section 4106. ``(C) Aggregate unreduced tax rate.--For purposes of subparagraph (A), the term `aggregate unreduced tax rate' means, with respect to any amount for any calendar year, the amount of tax that the Secretary estimates would have been imposed with respect to the liquid or fuel to which such amount relates for such year if section 4106 did not apply for such year.''. (B) Subparagraph (A) of section 9503(e)(2) of such Code is amended by striking ``sentence'' and inserting ``subsection''. (3) The table for section for subpart B of part III of subchapter A of chapter 32 of such Code is amended by adding at the end the following new item: ``Sec. 4106. Reduction in rates of tax based on increase in State tax rate.''. (c) Effective Date.--The amendment made by this section shall apply to liquid or fuel removed, entered, sold, or used after the date of the enactment of this Act.

Surface Transportation and Taxation Equity Act or the STATE Act Amends the Internal Revenue Code to reduce the federal excise tax on gasoline and special fuels (but not below two cents per gallon) by corresponding increases in fuel taxes imposed by states as of January 6, 2015 (the date of introduction of this Act).

STATE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Popcorn Workers Lung Disease Prevention Act''. SEC. 2. FINDINGS. Congress finds the following: (1) An emergency exists concerning worker exposure to diacetyl, a substance used in many flavorings, including artificial butter flavorings. (2) There is compelling evidence that diacetyl presents a grave danger and significant risk of life-threatening illness to exposed employees. Workers exposed to diacetyl have developed, among other conditions, a debilitating lung disease known as bronchiolitis obliterans. (3) From 2000-2002 NIOSH identified cases of bronchiolitis obliterans in workers employed in microwave popcorn plants, and linked these illnesses to exposure to diacetyl used in butter flavoring. In December 2003, NIOSH issued an alert ``Preventing Lung Disease in Workers Who Use or Make Flavorings,'' recommending that employers implement measures to minimize worker exposure to diacetyl. (4) In August 2004 the Flavor and Extract Manufacturers Association of the United States issued a report, ``Respiratory Health and Safety in the Flavor Manufacturing Workplace,'' warning about potential serious respiratory illness in workers exposed to flavorings and recommending comprehensive control measures for diacetyl and other ``high priority'' substances used in flavoring manufacturing. (5) From 2004-2007 additional cases of bronchiolitis obliterans were identified among workers in the flavoring manufacturing industry by the California Department of Health Services and Division of Occupational Safety and Health (Cal/ OSHA), which through enforcement actions and an intervention program called for the flavoring manufacturing industry in California to reduce exposure to diacetyl. (6) In a report issued in April 2007, NIOSH reported that flavor manufacturers and flavored-food producers are widely distributed in the United States and that bronchiolitis obliterans had been identified among microwave popcorn and flavoring-manufacturing workers in a number of States. (7) Despite NIOSH's findings of the hazards of diacetyl and recommendations that exposures be controlled, and a formal petition by labor organizations and leading scientists for issuance of an emergency temporary standard, the Occupational Safety and Health Administration (OSHA) has not acted to promulgate an occupational safety and health standard to protect workers from harmful exposure to diacetyl. (8) An OSHA standard is urgently needed to protect workers exposed to diacetyl from bronchiolitis obliterans and other debilitating conditions. SEC. 3. ISSUANCE OF STANDARD ON DIACETYL. (a) Interim Standard.-- (1) Rulemaking.--Notwithstanding any other provision of law, not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall promulgate an interim final standard regulating worker exposure to diacetyl. The interim final standard shall apply-- (A) to all locations in the flavoring manufacturing industry that manufacture, use, handle, or process diacetyl; and (B) to all microwave popcorn production and packaging establishments that use diacetyl-containing flavors in the manufacture of microwave popcorn. (2) Requirements.--The interim final standard required under subsection (a) shall provide no less protection than the recommendations contained in the NIOSH Alert ``Preventing Lung Disease in Workers Who Use or Make Flavorings'' (NIOSH Publication 2004-110) and include the following: (A) Requirements for engineering, work practice controls, and respiratory protection to minimize exposure to diacetyl. Such engineering and work practice controls include closed processes, isolation, local exhaust ventilation, proper pouring techniques, and safe cleaning procedures. (B) Requirements for a written exposure control plan that will indicate specific measures the employer will take to minimize employee exposure; and requirements for evaluation of the exposure control plan to determine the effectiveness of control measures at least on a biannual basis and whenever medical surveillance indicates abnormal pulmonary function in employees exposed to diacetyl, or whenever necessary to reflect new or modified processes. (C) Requirements for airborne exposure assessments to determine levels of exposure and ensure adequacy of controls. (D) Requirements for medical surveillance for workers and referral for prompt medical evaluation. (E) Requirements for protective equipment and clothing for workers exposed to diacetyl. (F) Requirements to provide written safety and health information and training to employees, including hazard communication information, labeling, and training. (3) Effective date of interim standard.--The interim final standard shall take effect upon issuance. The interim final standard shall have the legal effect of an occupational safety and health standard, and shall apply until a final standard becomes effective under section 6 of the Occupational Safety and Health Act (29 U.S.C. 655). (b) Final Standard.--Not later than 2 years after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act (29 U.S.C. 655), promulgate a final standard regulating worker exposure to diacetyl, if at such time, diacetyl is still being processed or utilized in facilities subject to such Act. The final standard shall contain, at a minimum, the worker protection provisions in the interim final standard, a short term exposure limit, and a permissible exposure limit that does not exceed the lowest feasible level, and shall apply at a minimum to all facilities where diacetyl is processed or used. SEC. 4. STUDY AND RECOMMENDED EXPOSURE LIMITS ON OTHER FLAVORINGS. (a) Study.--The National Institute for Occupational Safety and Health shall conduct a study on food flavorings that may be used as substitutes for diacetyl and shall transmit a report of the findings of the study to the Occupational Safety and Health Administration. (b) Construction.--Nothing in this section shall be construed as affecting the timing of the rulemaking outlined in section 2. Passed the House of Representatives September 26, 2007. Attest: LORRAINE C. MILLER, Clerk.

Popcorn Workers Lung Disease Prevention Act - Directs the Secretary of Labor to promulgate: (1) within 90 days, an interim final standard regulating worker exposure to diacetyl that applies to all locations in the flavoring manufacturing industry that manufacture, use, handle, or process diacetyl and all microwave popcorn production and packaging establishments that use diacetyl-containing flavors; and (2) within two years, if diacetyl is still being processed or utilized in facilities, a final standard that contains a short term exposure limit and a permissible exposure limit not exceeding the lowest feasible level and that applies to all facilities where diacetyl is processed or used. Gives the interim standard the legal effect of an occupational safety and health standard until the final standard becomes effective. Requires such standards to provide no less protection than the recommendations contained in the National Institute for Occupational Safety and Health (NIOSH) Alert "Preventing Lung Disease in Workers Who Use or Make Flavorings" and to include specified requirements for: (1) engineering, work practice controls, and respiratory protection to minimize exposure to diacetyl; (2) a written exposure control plan that will indicate specific measures the employer will take to minimize employee exposure; (3) airborne exposure assessments; (4) medical surveillance for workers and referral for prompt medical evaluations; (5) protective equipment and clothing for workers; and (6) the provision of written safety and health information and training to employees. Requires NIOSH to study and report to the Occupational Safety and Health Administration (OSHA) on food flavorings that may be used as substitutes for diacetyl.

To direct the Occupational Safety and Health Administration to issue a standard regulating worker exposure to diacetyl.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Azerbaijan Democracy Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States and the Republic of Azerbaijan have many areas of mutual interest and cooperation, but the United States ability to more fully cooperate with Azerbaijan has been severely hindered by the Government of Azerbaijan's gross violations of human rights and fundamental freedoms, including violations of basic principles of democratic governance, standards to which Azerbaijan has committed itself to adhere as a participating State in the Organization for Security and Cooperation in Europe (OSCE) and other multilateral institutions. (2) On December 5, 2014, the Government of Azerbaijan arrested investigative reporter Khadija Ismayilova, who also was a radio host on Radio Free/Radio Liberty (RFE/RL). The charge against her was ``incitement to suicide'', and she was held in pretrial detention and not allowed out on bail. On December 26, 2014, the Government of Azerbaijan raided the Baku Office of RFE/RL and closed its operations. Over the course of a year in pretrial detention, the original charges against Ms. Ismayilova were dropped after government-called witnesses refused to cooperate with the case. However, Ms. Ismayilova remained in detention and the Government of Azerbaijan subsequently charged her with embezzlement, illegal entrepreneurship, tax evasion, and abuse of power. She was convicted and is now serving a 7\1/2\-year sentence in prison. The RFE/RL Baku Bureau has not been allowed to reopen. (3) According to the United States State Department report for 2014, the Government of Azerbaijan did not respect its own laws on freedom of speech and press censorship. The report said, ``The government continued to limit freedom of speech and media independence. Journalists faced intimidation and at times were beaten and imprisoned.''. (4) The Committee to Protect Journalists stated that Azerbaijan is the leading jailer of journalists in Europe and Central Asia, and is the fifth most censored country in the world. (5) As an OSCE participating State, the Government of Azerbaijan has committed itself to work toward a standard of free and fair elections. Since its independence in 1992, no election held in Azerbaijan has met the minimum requirements as outlined by the OSCE. Elections for President and for the Parliament have shown a pattern of disregard for the conduct of democratic elections and have been marred by the arbitrary use of state power, disregard for the basic rights of freedom of assembly, association, and expression. The conduct of the elections demonstrates the unwillingness of authorities in Azerbaijan to tolerate political competition. (6) According to the United States Department of State's Country Reports on Human Rights Practices for 2014, Azerbaijan has used ``. . . the judicial system to punish peaceful dissent--including increased reports of arbitrary arrest and detention, politically motivated imprisonment, lack of due process, and lengthy pretrial detention--by secular and religious individuals perceived as a threat by government officials, while crimes against such individuals or their family members went unpunished.''. (7) According to the 2015 report on religious freedom by the United States Commission on International Religious Freedom (USCIRF), ``Despite societal religious tolerance in Azerbaijan, governmental respect for religious freedom continued to deteriorate in 2014.''. The report details the Government's use of the 2009 religion law ``to limit religious freedom and to justify fines, police raids, detentions, and imprisonment.''. There are 44 names on the list of religious prisoners published by USCIRF. (8) USCIRF cited poor conditions for religious minorities in Azerbaijan, reporting that ``most Protestant denominations do not have legal status, including Baptists, Seventh-day Adventists, and Pentecostals, as well as Jehovah's Witnesses.''. (9) The Government of Azerbaijan has further attempted to silence dissent through retribution against the political opposition, journalists, independent NGOs, and their family members, through physical threats and beatings, dismissal from employment, travel restrictions and other forms of intimidation. (10) Those jailed opposition candidates and activists have been treated harshly in pretrial detention and in prison, including physical beatings, denied access to family, defense counsel, medical treatment, and open legal proceedings. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to secure United States national security and economic interests in the region through promotion of a stable and democratic government in Azerbaijan; (2) to call for the immediate release without preconditions of all political prisoners in Azerbaijan; (3) to support the aspirations of the people of Azerbaijan for democracy, internationally recognized human rights, and the rule of law; (4) to support the growth of the rule of law and democratic institutions in Azerbaijan; (5) to work closely with other countries and international organizations, including the OSCE, to bring Azerbaijan in compliance with its multilateral commitments; and (6) reassess United States policy toward the Government of Azerbaijan reevaluating United States policy toward Azerbaijan as warranted by demonstrable progress made by the Government of Azerbaijan consistent with the policy of the United States as stated in this section. SEC. 4. DENIAL OF ENTRY INTO THE UNITED STATES OF SENIOR LEADERSHIP OF THE GOVERNMENT OF AZERBAIJAN AND OTHERS. (a) Denial of Entry.--Notwithstanding any other provision of law, the Secretary of State may not issue any visa to, and the Secretary of Homeland Security shall deny entry to the United States of, any alien described in subsection (c). (b) Current Visas Revoked.--Notwithstanding any other provision of law, the Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of any alien who would be ineligible to receive such a visa or documentation under subsection (a). (c) Aliens Described.--An alien described in this subsection is any alien who-- (1) holds a position in the senior leadership of the Government of Azerbaijan; (2) is an immediate family member of a person described in paragraph (1); (3) through his or her business dealings with senior leadership of the Government of Azerbaijan derives significant financial benefit from policies or actions, including electoral fraud, human rights abuses, or corruption, that undermine or injure democratic institutions or impede the transition to democracy in Azerbaijan; and (4) is a member of any branch of the security, judicial, or law enforcement services of Azerbaijan and has participated in the persecution or harassment of independent media or journalists, human rights defenders, opposition groups, or religious groups. (d) Exception.--The requirements under subsections (a) and (b) shall not apply with respect to an alien who is an official of the Government of Azerbaijan and who is seeking entry into the United States for the purpose of participation in talks related to resolution of the Nagorno Karabakh conflict under the auspices of the OSCE Minsk Group. SEC. 5. SENSE OF CONGRESS ON SANCTIONS AGAINST THE GOVERNMENT OF AZERBAIJAN AND SENIOR LEADERSHIP OF THE GOVERNMENT OF AZERBAIJAN AND OTHERS. (a) Prohibition on Loans and Investment.-- (1) United states government financing.--It is the sense of Congress that no loan, credit guarantee, insurance, financing, or other similar financial assistance be extended by any agency of the Government of the United States (including the Export- Import Bank of the United States and the Overseas Private Investment Corporation) to the Government of Azerbaijan, except with respect to the provision of humanitarian goods and agricultural or medical products. (2) Trade and development agency.--It is the sense of Congress that no funds available to the Trade and Development Agency should be available for activities of the Agency in or for Azerbaijan. (b) Multilateral Financial Assistance.--The Secretary of the Treasury should instruct the United States Executive Director at each international financial institution of which the United States is a member to use the voice and vote of the United States to oppose any extension by those institutions of any financial assistance (including any technical assistance or grant) of any kind to the Government of Azerbaijan, except for loans and assistance that serve humanitarian needs. (c) Blocking of Assets and Other Prohibited Activities.-- (1) Blocking of assets.--It is the sense of Congress that the President should block all property and interests in property, including all commercial, industrial, or public utility undertakings or entities, that, on or after the date of the enactment of this Act-- (A) are owned, in whole or in part, by any member of the senior leadership of the Government of Azerbaijan, or by any member or family member closely linked to any member of the senior leadership of the Government of Azerbaijan, or any person who through his or her business dealings with the senior leadership of the Government of Azerbaijan derives significant financial benefit from policies or actions, including electoral fraud, human rights abuses, or corruption, that undermine or injure democratic institutions or impede the transition to democracy in Azerbaijan; and (B) are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person. (2) Prohibited activities.--Activities prohibited by reason of the blocking of property and interests in property under paragraph (1) should include payments or transfers of any property, or any transactions involving the transfer of anything of economic value by any United States person to any person described in subparagraph (A) of such paragraph. (3) Payment of expenses.--All expenses incident to the blocking and maintenance of property blocked under paragraph (1) should be charged to the owners or operators of such property. Such expenses may not be paid from blocked funds. (4) Rule of construction.--Nothing in this subsection should be construed to prohibit any contract or other financial transaction with any private or nongovernmental organization or business in Azerbaijan. (5) Exceptions.--Paragraphs (1) and (2) should not apply with respect to the provision of medicine, medical equipment or supplies, food, as well as any other form of humanitarian assistance provided to Azerbaijan as relief in response to a humanitarian crisis. (6) Penalties.--Any person who violates any prohibition or restriction imposed under this subsection should be subject to the penalties under section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as for a violation under that Act. SEC. 6. TERMINATION OF SANCTIONS. The sanctions described in section 4 shall apply with respect to an alien described in that section, and the sanctions described in section 5 should apply with respect to the Government of Azerbaijan, the senior leadership of the Government of Azerbaijan, and any other person described in section 5, until the President determines and certifies to the appropriate congressional committees that the Government of Azerbaijan has made significant progress in meeting the following conditions: (1) The release of individuals in Azerbaijan who have been jailed based on political or religious beliefs or expression. (2) The cessation of all forms of harassment and repression against the independent media, nongovernmental organizations, youth groups, religious organizations (including their leadership and members), and the political opposition in Azerbaijan. (3) Progress toward free, fair and transparent elections and the rule of law consistent with OSCE commitments. SEC. 7. MULTILATERAL COOPERATION. It is the sense of Congress that the President should continue to seek the support of other countries, particularly European countries, for a comprehensive, multilateral strategy to further the purposes of this Act, including, as appropriate, encouraging other countries to take measures with respect to the Republic of Azerbaijan that are similar to measures described in this Act. SEC. 8. REPORT. (a) Report.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report that describes, with respect to the preceding 12-month period and to the extent practicable, the following: (1) The cooperation of the Government of Azerbaijan with any foreign government or organization for purposes related to the censorship or surveillance of the Internet, or the purchase or receipt by the Government of Azerbaijan of any technology or training from any foreign government or organization for purposes related to the censorship or surveillance of the Internet. (2) The personal assets and wealth of President Ilham Aliyev and other senior leadership of the Government of Azerbaijan. (b) Form.--A report transmitted pursuant to subsection (a) shall be in unclassified form but may contain a classified annex. SEC. 9. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) Senior leadership of the government of azerbaijan.--The term ``senior leadership of the Government of Azerbaijan'' includes-- (A) the President, Prime Minister, Deputy Prime Ministers, government ministers, Chairmen of State Committees, governors, heads of state enterprises, and members of the Presidential Administration of Azerbaijan; (B) any official of the Government of Azerbaijan who-- (i) is personally and substantially involved in the suppression of freedom in Azerbaijan, including judges, prosecutors, and heads of professional associations and educational institutions; or (ii) is otherwise engaged in public corruption in Azerbaijan; and (C) any other individual determined by the Secretary of State (or the Secretary's designee) to be personally and substantially involved in the formulation or execution of the policies of the Government of Azerbaijan that are in contradiction of internationally recognized human rights standards.

Azerbaijan Democracy Act of 2015 This bill prohibits the issuance of any visa to, and requires denial of entry to the United States of, any alien who: holds a position in the senior leadership of the government of Azerbaijan, or is an immediate family member of such person; through his or her business dealings with such senior leadership derives significant financial benefit from policies or actions, including electoral fraud, human rights abuses, or corruption, that undermine democratic institutions or impede the transition to democracy in Azerbaijan; or is a member of any branch of the security, judicial, or law enforcement services of Azerbaijan and has participated in the persecution or harassment of independent media or journalists, human rights defenders, opposition groups, or religious groups. The Department of State shall revoke any existing visas of such ineligible aliens. The visa and entry prohibitions shall not apply to a government official of Azerbaijan seeking U.S. entry to participate in talks related to resolution of the Nagorno Karabakh conflict. It is the sense of Congress that: no loan, credit guarantee, insurance, or financing assistance be extended by any U.S. agency to the government of Azerbaijan, except for the provision of humanitarian goods and agricultural or medical products; and no funds available to the Trade and Development Agency should be available for activities of the Agency in or for Azerbaijan. It is also the sense of Congress that the President should block all property and interests in property that: are owned by any member of the senior leadership of the government of Azerbaijan, by any family member, or by any person who through his or her business dealings with such persons derives significant financial benefit from policies or actions that undermine Azerbaijan's democratic institutions; and are or come within the United States, or that are or come within the possession or control of any U.S. person. Activities prohibited by reason of the blocking of property and interests in property should include payments or transfers of any property, or any transactions involving the transfer of anything of economic value by any U.S. person to any person whose assets are blocked. It is the sense of Congress that the President should continue to seek the support of other countries, particularly European countries, for a multilateral strategy to further the purposes of this Act.

Azerbaijan Democracy Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Graduate Medical Education Reform Act of 2012''. SEC. 2. MEDICARE INDIRECT MEDICAL EDUCATION PERFORMANCE ADJUSTMENT. Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended by adding at the end the following new subsection: ``(t) Indirect Medical Education Performance Adjustments.-- ``(1) In general.--Subject to the succeeding provisions of this subsection, the Secretary shall establish and implement procedures under which the amount of payments that a hospital (as defined in paragraph (11)(A)) would otherwise receive for indirect medical education costs under subsection (d)(5)(B) for discharges occurring during a fiscal year is adjusted based on the reporting of measures and the performance of the hospital on measures of patient care priorities specified by the Secretary. ``(2) Adjustments to begin in fiscal year 2017.--The adjustments shall apply to payments for discharges occurring-- ``(A) with respect to the adjustments for reporting under paragraph (8)(A), during fiscal year 2017; and ``(B) with respect to the adjustments for performance under paragraph (8)(B), on or after October 1, 2017. ``(3) Measures.--The measures of patient care priorities specified by the Secretary under this subsection shall include the extent of training provided in-- ``(A) the delivery of services categorized as evaluation and management codes by the Centers for Medicare & Medicaid Services; ``(B) a variety of settings and systems; ``(C) the coordination of patient care across settings; ``(D) the relevant cost and value of various diagnostic and treatment options; ``(E) interprofessional and multidisciplinary care teams; ``(F) methods for identifying system errors and implementing system solutions; and ``(G) the use of health information technology. ``(4) Measure development process.-- ``(A) In general.--The measures of patient care specified by the Secretary under this subsection-- ``(i) shall-- ``(I) be measures that have been adopted or endorsed by an accrediting organization (such as the Accreditation Council for Graduate Medical Education or the Commission on Osteopathic College Accreditation); and ``(II) be measures that the Secretary identifies as having used a consensus-based process for developing such measures; and ``(ii) may include measures that have been submitted by teaching hospitals, medical schools, and other stakeholders. ``(B) Proposed set of initial measures.--Not later than July 1, 2014, the Secretary shall publish in the Federal Register a proposed initial set of measures for use under this subsection. The Secretary shall provide for a period of public comment on such measures. ``(C) Final set of initial measures.--Not later than January 1, 2015, the Secretary shall publish in the Federal Register the set of initial measures to be specified by the Secretary for use under this subsection. ``(D) Update of measures.--The Secretary may, through notice and comment rulemaking, periodically update the measures specified under this subsection pursuant to the requirements under subparagraph (A). ``(5) Performance standards.--The Secretary shall establish performance standards with respect to measures specified by the Secretary under this subsection for a performance period for a fiscal year (as established under paragraph (6)). ``(6) Performance period.--The Secretary shall establish the performance period for a fiscal year. Such performance period shall begin and end prior to the beginning of such fiscal year. ``(7) Reporting of measures.--The procedures established and implemented under paragraph (1) shall include a process under which hospitals shall submit data on the measures specified by the Secretary under this subsection to the Secretary in a form and manner, and at a time, specified by the Secretary for purposes of this subsection. ``(8) Adjustments.-- ``(A) Reporting for fiscal year 2017.--For fiscal year 2017, in the case of a hospital that does not submit, to the Secretary in accordance with this subsection, data required to be submitted under paragraph (7) for a period (determined appropriate by the Secretary) for such fiscal year, the total amount that the hospital would otherwise receive under subsection (d)(5)(B) for discharges in such fiscal year shall be reduced by 0.5 percent. ``(B) Performance for fiscal year 2018 and subsequent fiscal years.-- ``(i) In general.--Subject to clause (ii), based on the performance of each hospital with respect to compliance with the measures for a performance period for a fiscal year (beginning with fiscal year 2018), the Secretary shall determine the amount of any adjustment under this subparagraph to payments to the hospital under subsection (d)(5)(B) for discharges in such fiscal year. Such adjustment may not exceed an amount equal to 3 percent of the total amount that the hospital would otherwise receive under such subsection for discharges in such fiscal year. ``(ii) Budget neutral.--In making adjustments under this subparagraph, the Secretary shall ensure that the total amount of payments made to all hospitals under subsection (d)(5)(B) for discharges in a fiscal year is equal to the total amount of payments that would have been made to such hospitals under such subsection for discharges in such fiscal year if this subsection had not been enacted. ``(9) No effect in subsequent fiscal years.--Any adjustment under subparagraph (A) or (B) of paragraph (8) shall apply only with respect to the fiscal year involved, and the Secretary shall not take into account any such adjustment in making payments to a hospital under this section in a subsequent fiscal year. ``(10) Evaluation of submission of performance measures.-- Not later January 1, 2017, the Secretary shall submit to Congress a report on the implementation of this subsection, including-- ``(A) the measure development procedures, including any barriers to measure development; ``(B) the compliance with reporting on the performance measures, including any barriers to such compliance; and ``(C) recommendations to address any barriers described in subparagraph (A) or (B). ``(11) Definition of hospital.--In this subsection, the term `hospital' means a hospital the receives payments under subsection (d)(5)(B).''. SEC. 3. INCREASING GRADUATE MEDICAL EDUCATION TRANSPARENCY. (a) In General.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit to Congress and the National Health Care Workforce Commission a report on the graduate medical education payments that hospitals receive under the Medicare program. The report shall include the following information with respect to each hospital that receives such payments: (1) The direct graduate medical education payments made to the hospital under section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)). (2) The total costs of direct graduate medical education to the hospital as reported on the annual Medicare Cost Reports. (3) The indirect medical education payments made to the hospital under section 1886(d)(5)(B) of such Act (42 U.S.C. 1395ww(d)(1)(B)). (4) The number of full-time-equivalent residents counted for purposes of making the payments described in paragraph (1). (5) The number of full-time-equivalent residents counted for purposes of making the payments described in paragraph (3). (6) The number of full-time-equivalent residents, if any, that are not counted for purposes of making payments described in paragraph (1). (7) The number of full-time-equivalent residents, if any, that are not counted for purposes of making payments described in paragraph (3). (8) The factors contributing to the higher costs of patient care provided by the hospital, including-- (A) the costs of trauma, burn, other standby services; (B) translation services for disabled or non- english speaking patients; (C) the cost of uncompensated care; (D) financial losses with respect to Medicaid patients; and (E) uncompensated costs of clinical research.

Graduate Medical Education Reform Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish and implement procedures under which, beginning in FY2017, the amount of payments that a hospital would otherwise receive for indirect graduate medical education (GME) costs for discharges during a fiscal year is adjusted based on the hospital's performance on measures of patient care priorities. Requires the Secretary to specify measures of patient care priorities, including the extent of training provided in: (1) the delivery of services categorized as evaluation and management codes by the Centers for Medicare and Medicaid Services, (2) a variety of settings and systems, (3) the coordination of patient care across settings, (4) the relevant cost and value of various diagnostic and treatment options, (5) interprofessionality and multidisciplinary care teams, (6) methods for identifying system errors and implementing system solutions, and (7) the use of health information technology. Requires such measures of patient care to be: (1) adopted or endorsed by an accrediting organization, and (2) consensus-based. Allows such measures to include any submitted by teaching hospitals, medical schools, and other stakeholders. Directs the Secretary to report to Congress and the National Health Care Workforce Commission on the GME payments hospitals receive under Medicare.

A bill to reform graduate medical education payments, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care and Development Block Grant Amendments Act of 1995''. SEC. 2. AMENDMENTS TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF 1990. (a) Authorization of Appropriations.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended to read as follows: ``SEC. 658B. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subchapter $1,000,000,000 for fiscal year 1996, and such sums as may be necessary for each of the fiscal years 1997 through 2000.''. (b) Lead Agency.--Section 658D(b) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858b(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``State'' and inserting ``governmental or nongovernmental''; and (B) in subparagraph (C), by inserting ``with sufficient time and Statewide distribution of the notice of such hearing,'' after ``hearing in the State''; and (2) in paragraph (2), by striking the second sentence. (c) Application and Plan.--Section 658E of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c) is amended-- (1) in subsection (b), by striking ``implemented--'' and all that follows through ``plans.'' and inserting ``implemented during a 2-year period.''; (2) in subsection (c)-- (A) in paragraph (2)-- (i) in subparagraph (A)-- (I) in clause (iii) by striking the semicolon and inserting a period; and (II) by striking ``except'' and all that follows through ``1992.''; and (ii) in subparagraph (E)-- (I) by striking clause (ii) and inserting the following new clause: ``(ii) the State will implement mechanisms to ensure that appropriate payment mechanisms exist so that proper payments under this subchapter will be made to providers within the State and to permit the State to furnish information to such providers.''; and (II) by adding at the end thereof the following new sentence: ``In lieu of any licensing and regulatory requirements applicable under State and local law, the Secretary, in consultation with Indian tribes and tribal organizations, shall develop minimum child care standards (that appropriately reflect tribal needs and available resources) that shall be applicable to Indian tribes and tribal organization receiving assistance under this subchapter.''; and (iii) by striking subparagraphs (H) and (I); and (B) in paragraph (3)-- (i) in subparagraph (C)-- (I) in the subparagraph heading, by striking ``and to increase'' and all that follows through ``care services''; (II) by striking ``25 percent'' and inserting ``15 percent''; and (III) by striking ``and to provide before-'' and all that follows through ``658H)''; and (ii) by adding at the end thereof the following new subparagraph: ``(D) Limitation on administrative costs.--Not more than 5 percent of the aggregate amount of payments received under this subchapter by a State in each fiscal year may be expended for administrative costs incurred by such State to carry out all its functions and duties under this subchapter.''. (d) Sliding Fee Scale.-- (1) In general.--Section 658E(c)(5) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(5)) is amended by inserting before the period the following: ``and that ensures a representative distribution of funding among the working poor and recipients of Federal welfare assistance''. (2) Eligibility.--Section 658P(4)(B) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n(4)(B)) is amended by striking ``75 percent'' and inserting ``100 percent''. (e) Quality.--Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``A State'' and inserting ``(a) In General.--A State''; (B) by striking ``not less than 20 percent of''; and (C) by striking ``one or more of the following'' and inserting ``carrying out the resource and referral activities described in subsection (b), and for one or more of the activities described in subsection (c).''; (2) in paragraph (1), by inserting before the period the following: ``, including providing comprehensive consumer education to parents and the public, referrals that honor parental choice, and activities designed to improve the quality and availability of child care''; (3) by striking ``(1) Resource and Referral Programs.-- Operating'' and inserting the following: ``(b) Resource and Referral Programs.--The activities described in this subsection are operating''; (4) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; (5) by inserting before paragraph (1) (as so redesignated) the following: ``(c) Other Activities.--The activities described in this section are the following:''; and (6) by adding at the end thereof the following: ``(5) Before- and after-school activities.--Increasing the availability of before- and after-school care. ``(6) Infant care.--Increasing the availability of child care for infants under the age of 18 months. ``(7) Nontraditional work hours.--Increasing the availability of child care between the hours of 5:00 p.m. and 8:00 a.m. ``(d) Nondiscrimination.--With respect to child care providers that comply with applicable State law but which are otherwise not required to be licensed by the State, the State, in carrying out this section, may not discriminate against such a provider if such provider desires to participate in resource and referral activities carried out under subsection (b).''. (f) Repeal.--Section 658H of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858f) is repealed. (g) Enforcement.--Section 658I(b)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858g(b)(2)) is amended-- (1) in the matter following clause (ii) of subparagraph (A), by striking ``finding and that'' and all that follows through the period and inserting ``finding and may impose additional program requirements on the State, including a requirement that the State reimburse the Secretary for any funds that were improperly expended for purposes prohibited or not authorized by this subchapter, that the Secretary deduct from the administrative portion of the State allotment for the following fiscal year an amount that is less than or equal to any improperly expended funds, or a combination of such options.''; and (2) by striking subparagraphs (B) and (C). (h) Reports.--Section 658K of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858i) is amended-- (1) in the section heading, by striking ``ANNUAL REPORT'' and inserting ``REPORTS''; and (2) in subsection (a)-- (A) in the subsection heading, by striking ``Annual Report'' and inserting ``Reports''; (B) by striking ``December 31, 1992, and annually thereafter'' and inserting ``December 31, 1996, and every 2 years thereafter''; (C) in paragraph (2)-- (i) in subparagraph (A), by inserting before the semicolon ``and the types of child care programs under which such assistance is provided''; (ii) by striking subparagraph (B); and (iii) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; (D) by striking paragraph (4); (E) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; (F) in paragraph (4), as so redesignated, by striking ``and'' at the end thereof; (G) in paragraph (5), as so redesignated, by adding ``and'' at the end thereof; and (H) by inserting after paragraph (5), as so redesignated, the following new paragraph: ``(6) describing the extent and manner to which the resource and referral activities are being carried out by the State;''. (i) Report by Secretary.--Section 658L of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858j) is amended-- (1) by striking ``1993'' and inserting ``1997''; (2) by striking ``annually'' and inserting ``bi-annually''; and (3) by striking ``Education and Labor'' and inserting ``Economic and Educational Opportunities''. (j) Allotments.--Section 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m) is amended-- (1) in subsection (c), by adding at the end thereof the following new paragraph: ``(6) Construction or Renovation of Facilities.-- ``(A) Request for use of funds.--An Indian tribe or tribal organization may submit to the Secretary a request to use amounts provided under this subsection for construction or renovation purposes. ``(B) Determination.--With respect to a request submitted under subparagraph (A), and except as provided in subparagraph (C), upon a determination by the Secretary that adequate facilities are not otherwise available to an Indian tribe or tribal organization to enable such tribe or organization to carry out child care programs in accordance with this subchapter, and that the lack of such facilities will inhibit the operation of such programs in the future, the Secretary may permit the tribe or organization to use assistance provided under this subsection to make payments for the construction or renovation of facilities that will be used to carry out such programs. ``(C) Limitation.--The Secretary may not permit an Indian tribe or tribal organization to use amounts provided under this subsection for construction or renovation if such use will result in a decrease in the level of child care services provided by the tribe or organization as compared to the level of such services provided by the tribe or organization in the fiscal year preceding the year for which the determination under subparagraph (A) is being made. ``(D) Uniform procedures.--The Secretary shall develop and implement uniform procedures for the solicitation and consideration of requests under this paragraph.''; and (2) in subsection (e)-- (A) in paragraph (1), by striking ``Any'' and inserting ``Except as provided in paragraph (4), any''; and (B) by adding at the end thereof the following new paragraph: ``(4) Indian tribes or tribal organizations.--Any portion of a grant or contract made to an Indian tribe or tribal organization under subsection (c) that the Secretary determines is not being used in a manner consistent with the provision of this subchapter in the period for with the grant or contract is made available, shall be reallocated by the Secretary to other tribes or organization that have submitted applications under subsection (c) in proportion to the original allocations to such tribes or organization.''. (k) Definitions.--Section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n) is amended-- (1) in paragraph (2), in the first sentence by inserting ``or as a deposit for child care services if such a deposit is required of other children being cared for by the provider'' after ``child care services''; and (2) in paragraph (5)(B)-- (A) by inserting ``great grandchild, sibling (if the provider lives in a separate residence),'' after ``grandchild,''; (B) by striking ``is registered and''; and (C) by striking ``State'' and inserting ``applicable''. (l) Application of Subchapter.--The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended by adding at the end thereof the following new section: ``SEC. 658T. APPLICATION TO OTHER PROGRAMS. ``Notwithstanding any other provision of law, a State that uses funding for child care services under any Federal program shall ensure that activities carried out using such funds meet the requirements, standards, and criteria of this subchapter and the regulations promulgated under this subchapter. Such sums shall be administered through a uniform State plan. To the maximum extent practicable, amounts provided to a State under such programs shall be transferred to the lead agency and integrated into the program established under this subchapter by the State.''. SEC. 3. SENSE OF THE SENATE. (a) Findings.--The Senate finds that-- (1) the availability and accessibility of quality child care will be critical to any welfare reform effort; (2) as parents move from welfare into the workforce or into job preparation and education, child care must be affordable and safe; (3) whether parents are pursuing job training, transitioning off welfare, or are already in the work force and attempting to remain employed, no parent can be expected to leave his or her child in a dangerous situation; (4) affordable and accessible child care is a prerequisite for job training and for entering the workforce; and (5) studies have shown that the lack of quality child care is the most frequently cited barrier to employment and self- sufficiency. (b) Sense of the Senate.--It is the sense of the Senate that the Federal Government has a responsibility to provide funding and leadership with respect to child care. SEC. 4. REPEALS AND TECHNICAL AND CONFORMING AMENDMENTS. (a) State Dependent Care Development Grants Act.--The State Dependent Care Development Grants Act (42 U.S.C. 9871 et seq.) is repealed. (b) Child Development Associate Scholarship Assistance Act of 1985.--The Child Development Associate Scholarship Assistance Act of 1985 (42 U.S.C. 10901 et seq.) is repealed. (c) Additional Conforming Amendments.-- (1) Recommended legislation.--After consultation with the appropriate committees of the Congress and the Director of the Office of Management and Budget, the Secretary of Health and Human Services shall prepare and submit to the Congress a legislative proposal in the form of an implementing bill containing technical and conforming amendments to reflect the amendments and repeals made by this Act. (2) Submission to congress.--Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall submit the implementing bill referred to under paragraph (1).

Child Care and Development Block Grant Amendments Act of 1995 - Amends the Child Care and Development Block Grant Act of 1990 to consolidate Federal child care programs. Extends the authorization of appropriations under the Act. Revises provisions for the lead agency to allow such agency to administer the financial assistance received by the State under the act either directly or through other governmental or nongovernmental agencies. Requires sufficient time and statewide distribution for the notice of the public hearing on child care services provision under the State plan. Revises provisions for the State application and plan. Eliminates a requirement that providers that are not required to be licensed or regulated under State or local law be required to register with the State before payment is made under the Act. Requires the State to implement mechanisms to ensure that appropriate payment mechanisms exist so that proper payments under this subchapter will be made to providers. Directs the Secretary of Health and Human Services to develop minimum child care standards, appropriately reflective of tribal needs and available resources, applicable to Indian tribes and tribal organization receiving assistance under the Act. Reduces the set-aside from 25 to 15 percent of annual assistance to a State; but applies such set-aside only to child care quality improvement activities and no longer to early childhood development and before- and after-school care services. Adds a limitation on administrative costs. Requires the sliding fee scale to ensure a representative distribution of funding among the working poor and recipients of Federal welfare assistance. Expands eligibility criteria to include families earning up to 100 percent (currently 75 percent) of the State median family income. Revises requirements relating to quality improvement activities to include: (1) under resource and referral programs, consumer education, referrals honoring parental choice, and activities to improve quality and availability of child care; and (2) under other activities, increasing availability of care before- and after-school, for infants, and during nontraditional work hours. Repeals a requirement that States expend a specified minimum amount of reserved funds for early childhood development and before- and after-school services. Revises requirements for enforcement and for reports. Authorizes the Secretary to permit an Indian tribe or rganization to use certain assistance to construct or renovate facilities that will be used to carry out child care programs. Provides for reallocation of assistance to other Indian tribes or organizations under certain conditions. Allows use of child care certificates as deposits. Includes among eligible child care providers those who care for an eligible great grandchild or sibling (if in the latter case the provider lives in a separate residence). Eliminates certain registration requirements for providers who are relatives. Requires a State that uses funding for child care services under any Federal program to: (1) ensure that activities carried out using such funds meet the requirements, standards, criteria of, and the regulations promulgated under, the Act; (2) administer such funds to the lead agency and integrate them into the State program under the Act. Expresses the sense of the Senate that the Federal Government has a responsibility to provide funding and leadership with respect to child care. Repeals: (1) the State Dependent Care Development Grants Act; and (2) the Child development Associate Scholarship Assistance Act of 1985. Directs the Secretary to submit to the Congress a legislative proposal in the form of an implementing bill containing technical and conforming amendments to reflect the amendments and repeals made by this Act.

Child Care and Development Block Grant Amendments Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Apprehension of Tainted Money Act of 2002''. SEC. 2. SPECIAL RULES FOR TREATMENT OF CONTRIBUTIONS TO BE RETURNED TO DONORS BY POLITICAL COMMITTEES. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``treatment of certain contributions to be returned to donors ``Sec. 323. (a) Transfer to Commission.--Notwithstanding any other provision of this Act, if a political committee intends to return any contribution given to the committee in an amount equal to or greater than $500 to the person making the contribution (other than a contribution returned within 60 days of receipt by the committee), the committee shall transfer the contribution to the Commission, together with a request that the Commission return the contribution to the person making the contribution in accordance with this section. The Commission shall consider the return of any contribution, and any circumstances surrounding such return, in determining under section 309(a)(2) whether it has reason to believe that a person has committed a violation of this Act, title 18, United States Code, or chapter 95 or 96 of the Internal Revenue Code of 1986. ``(b) Establishment of Escrow Account.-- ``(1) In general.--The Commission shall establish a single interest-bearing escrow account for contributions transferred under subsection (a). ``(2) Procedures upon transfer from committee.--Upon receiving amounts from a political committee under subsection (a), the Commission shall-- ``(A) deposit the amounts in the account established under paragraph (1); and ``(B) notify the Attorney General of the receipt of the amounts from the political committee. ``(3) Use of interest to cover administrative costs.--Any interest earned on amounts in the account established under paragraph (1) shall be applied towards the administrative costs incurred by the Commission in establishing and administering the account, and any remaining interest shall be deposited in the general fund of the Treasury. ``(c) Use of Amounts Placed in Escrow To Cover Fines, Penalties, and Costs of Investigation.--The Commission or the Attorney General may require any contribution deposited in the escrow account under subsection (b) to be used as follows: ``(1) To be applied towards the payment of any fine or penalty imposed under this Act, title 18, United States Code, or chapter 95 or 96 of the Internal Revenue Code of 1986 against the person making the contribution involved. ``(2) If such a fine or penalty is imposed, to be applied towards the costs incurred by the Commission or the Attorney General in conducting any investigation of the contribution involved under this Act, title 18, United States Code, or chapter 95 or 96 of the Internal Revenue Code of 1986. ``(d) Return of Contribution After Deposit in Escrow.--The Commission shall return a contribution deposited in the escrow account under subsection (b) to the person making the contribution if-- ``(1) the Commission and the Attorney General certify that the making of the contribution is not the subject of an investigation under this Act, title 18, United States Code, or chapter 95 or 96 of the Internal Revenue Code of 1986, or that such an investigation has concluded; ``(2) the Commission and the Attorney General certify that the contribution will not be used to cover fines, penalties, or costs pursuant to subsection (c) or, if the contribution will be used for such purposes, that the amounts required for such purposes have been withdrawn from the escrow account and subtracted from the returnable contribution; or ``(3) for any 120-day period after the date the contribution is deposited in the escrow account, neither the Commission nor the Attorney General have pursued an investigation of the making of the contribution under this Act, title 18, United States Code, or chapter 95 or 96 of the Internal Revenue Code of 1986.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to contributions returned on or after the date of the enactment of this Act, without regard to whether the Federal Election Commission or Attorney General has issued regulations to carry out section 323 of the Federal Election Campaign Act of 1971 (as added by such subsection) by such date. SEC. 3. EXPEDITED ADMINISTRATIVE PROCEDURE FOR REGULATIONS. Notwithstanding any provision of subchapter II of chapter 5 of title 5, United States Code, the Federal Election Commission and the Attorney General shall issue final regulations to carry out section 323 of the Federal Election Campaign Act of 1971 (as added by section 2(a)) not later than 30 days after the date of the enactment of this Act.

Apprehension of Tainted Money Act of 2002 - Amends the Federal Election Campaign Act of 1971 to direct the Federal Election Commission (FEC) to establish a single interest-bearing escrow account for contributions of $500 or more that are given to the committee with the request that they be returned to the contributor. Authorizes the FEC to require the use of amounts placed in escrow to cover fines, penalties, and costs of investigation. Requires the FEC to return a contribution deposited in escrow to the contributor if it will not be used for such purposes.

To amend the Federal Election Campaign Act of 1971 to require the Federal Election Commission to establish and administer an escrow account for certain campaign contributions that a political committee intends to return to the contributor, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Canada Grain Trade Settlement Act of 1994''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) As a result of unfair and incomplete provisions in the United States-Canada Free-Trade Agreement (hereafter referred to as the ``CFTA'') and the North American Free Trade Agreement (hereafter referred to as the ``NAFTA'') affecting exports of Canadian grain to the United States-- (A) Canadian exports of durum wheat, spring wheat, and barley have increased beyond the level that such exports can be absorbed into the United States market; (B) these exports have depressed domestic grain prices, causing severe financial losses to American farmers and increasing the costs and difficulties of implementing domestic farmer support programs; and (C) Canadian grain exports continue to increase without bounds, increasing the damage to United States farmers each year. (2) The Congress approved the CFTA subject to-- (A) the statement in the Statement of Administrative Action that the United States would ``pursue consultations with Canada regarding the price setting policy of the CWB (Canadian Wheat Board) as it affects goods exported to the United States . . . directed toward establishing a method to determine the price at which the CWB is selling agricultural goods to the United States and the CWB's acquisition price for those goods''; and (B) the provision of the implementing legislation requiring that ``the President will enter into immediate consultation with the Government of Canada to obtain the exclusion from the transport rates established under Canada's Western Grain Transportation Act of agricultural goods that originate in Canada and are shipped via east coast ports for consumption in the United States,'', yet to date there has been no resolution of these consultations. (3) United States trade negotiators agreed not to reexamine the CFTA while negotiating the NAFTA based on the assumption that the Uruguay Round talks of the General Agreement on Tariffs and Trade would address the subsidy and dispute resolution concerns and would be completed before the enactment of the NAFTA. (4) The failure of the United States successfully to pursue the consultations described in paragraph (2) led to a flawed binational panel decision that renders meaningless the plain language of Article 701(3) of the CFTA (which was incorporated by reference in the NAFTA), which states that ``Neither Party, including any public entity that it establishes or maintains, shall sell agricultural goods for export to the territory of the other Party at a price below the acquisition price of the goods plus any storage, handling or other cost incurred by it with respect to those goods.''. (5) Imports of wheat and barley have increased significantly as a result of substantial changes in Canada's support programs. Some of the changes were made with declared intent to increase imports to the United States. The increases in imports constitutes grounds under Article 705.5 of the CFTA for use of import restrictions by the United States. SEC. 3. TERMINATION OF AGREEMENTS AND IMPOSITION OF ADDITIONAL DUTIES. (a) In General.-- (1) Termination of nafta and cfta.--Notwithstanding any other provision of law, the President shall provide written notification to the Government of Canada of the intent of the United States to terminate the CFTA and the NAFTA, as such agreement applies to Canada, unless the President provides the Congress with a certification described in subsection (c). Such notification shall be given not later than the date that is 6 months after the date of the enactment of this Act and shall provide that the agreements shall terminate not later than 1 year after the date of the enactment of this Act in accordance with the terms and conditions of the respective agreements. (2) Imposition of duty.--Notwithstanding any other provision of law, the President shall immediately impose a duty at the rate of 50 percent ad valorem or the specific rate equivalent to articles imported from Canada described in the following headings of the Harmonized Tariff Schedule of the United States: (A) heading 1001.10.00 (relating to durum wheat), (B) heading 1001.90.10 (relating to seed wheat), (C) heading 1001.90.20 (relating to other wheat), (D) heading 1003.00.20 (relating to malting barley), and (E) heading 1003.00.40 (relating to other barley). (b) Negotiations.--The President shall immediately pursue negotiations with the Government of Canada to-- (1) establish a method for determining the sale price of Canadian grain exports to the United States and the Canadian Wheat Board's acquisition price for such grain; (2) establish procedures for obtaining the data necessary to implement the method described in paragraph (1); (3) eliminate all transportation subsidies on agricultural goods that originate in Canada and are shipped for consumption in the United States; and (4) clarify the meaning of the term ``acquisition price'' in Article 701(3) of the CFTA (and any other provision accompanying such agreement or the NAFTA) so that such term includes-- (A) the value of any transportation subsidy applied to grain entering the United States; (B) all direct payments to producers made by the Canadian Wheat Board or any government agency for grain entering the United States; and (C) any other payments or subsidy incurred by the Canadian Wheat Board, any government agency, or any private interest in the acquisition, handling, storage, and transportation of the grain. (c) Certification by the President.--At such time as the President certifies to the Congress that the Government of Canada has entered into an agreement with the United States with respect to the requirements described in subsection (b), the President may terminate the duties imposed under subsection (a)(1) and take action to reinstate the CFTA and the NAFTA with respect to Canada. An agreement entered into under this Act shall supersede the corresponding provisions of the CFTA and the NAFTA and shall be incorporated in and become part of such agreements as reinstated.

United States-Canada Grain Trade Settlement Act of 1994 - Directs the President, by six months after enactment of this Act, to notify the Government of Canada of U.S. intent to terminate the United States-Canada Free-Trade Agreement (CFTA) and the North American Free Trade Agreement (NAFTA), unless the President certifies to the Congress that Canada has agreed to: (1) establish a method for determining the sale price of Canadian grain exports to the United States and the Canadian Wheat Board's acquisition price for such grain; (2) establish procedures for obtaining the data necessary to implement such method; (3) eliminate all transportation subsidies on agricultural goods originating in Canada and shipped for consumption to the United States; and (4) clarify the CFTA meaning of acquisition price so that the term includes the value of any transportation subsidy applied to grain entering the United States, all direct payments to producers by the Canadian Wheat Board or any government agency for such grain, and any other payments or subsidy incurred by the Board, any government agency, or any private interest in the acquisition, handling, storage, and transportation of the grain. Directs the President immediately to pursue negotiations to reach such an agreement. Requires the President immediately to impose a 50 percent tariff on all imports from Canada of wheat, durum, and barley. Authorizes the President to terminate such tariff and take action to reinstate the CFTA and the NAFTA with respect to Canada whenever Canada has entered such an agreement. Declares that such agreement shall supersede the corresponding provisions of the CFTA and the NAFTA, and shall be incorporated in and become part of them as reinstated.

United States-Canada Grain Trade Settlement Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lifetime Income Disclosure Act''. SEC. 2. DISCLOSURE REGARDING LIFETIME INCOME. (a) In General.--Subparagraph (B) of section 105(a)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1025(a)(2)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) in clause (ii), by striking ``diversification.'' and inserting ``diversification, and''; and (3) by inserting at the end the following: ``(iii) the lifetime income disclosure described in subparagraph (D)(i). In the case of pension benefit statements described in clause (i) of paragraph (1)(A), a lifetime income disclosure under clause (iii) of this subparagraph shall only be required to be included in one pension benefit statement in each calendar year.''. (b) Lifetime Income.--Paragraph (2) of section 105(a) of such Act (29 U.S.C. 1025(a)) is amended by adding at the end the following new subparagraph: ``(D) Lifetime income disclosure.-- ``(i) In general.-- ``(I) Disclosure.--A lifetime income disclosure shall set forth the annuity equivalent of the total benefits accrued with respect to the participant or beneficiary. ``(II) Annuity equivalent of the total benefits accrued.--For purposes of this subparagraph, the `annuity equivalent of the total benefits accrued' means the amount of monthly payments the participant or beneficiary would receive at the plan's normal retirement age if the total accrued benefits of such participant or beneficiary were used on the date of the lifetime income disclosure to purchase the life annuities described in subclause (III), with payments under such annuities commencing at the plan's normal retirement age. ``(III) Life annuities.--The life annuities described in this subclause are a qualified joint and survivor annuity (as defined in section 205(d)), based on assumptions specified in rules prescribed by the Secretary, including the assumption that the participant or beneficiary has a spouse of equal age, and a single life annuity. Such annuities may have a term certain or other features to the extent permitted under rules prescribed by the Secretary. ``(ii) Model disclosure.--Not later than 1 year after the date of the enactment of the Lifetime Income Disclosure Act, the Secretary shall issue a model lifetime income disclosure, written in a manner so as to be understood by the average plan participant, that-- ``(I) explains that the annuity equivalent is only provided as an illustration; ``(II) explains that the actual annuity payments that may be purchased with the total benefits accrued will depend on numerous factors and may vary substantially from the annuity equivalent in the disclosures; ``(III) explains the assumptions upon which the annuity equivalent was determined; and ``(IV) provides such other similar explanations as the Secretary considers appropriate. ``(iii) Assumptions and rules.--Not later than 1 year after the date of the enactment of the Lifetime Income Disclosure Act, the Secretary shall-- ``(I) prescribe assumptions that administrators of individual account plans may use in converting total accrued benefits into annuity equivalents for purposes of this subparagraph; and ``(II) issue interim final rules under clause (i). In prescribing assumptions under subclause (I), the Secretary may prescribe a single set of specific assumptions (in which case the Secretary may issue tables or factors that facilitate such conversions), or ranges of permissible assumptions. To the extent that an accrued benefit is or may be invested in an annuity contract, the assumptions prescribed under subclause (I) shall, to the extent appropriate, permit administrators of individual account plans to use the amounts payable under such contract as an annuity equivalent. ``(iv) Limitation on liability.--No plan fiduciary, plan sponsor, or other person shall have any liability under this title solely by reason of the provision of annuity equivalents which are derived in accordance with the assumptions and rules described in clause (iii) and which include the explanations contained in the model lifetime income disclosure described in clause (ii). This clause shall apply without regard to whether the provision of such annuity equivalent is required by subparagraph (B)(iii). ``(v) Effective date.--The requirement in subparagraph (B)(iii) shall apply to pension benefit statements furnished more than 12 months after the latest of the issuance by the Secretary of-- ``(I) interim final rules under clause (i); ``(II) the model disclosure under clause (ii); or ``(III) the assumptions under clause (iii).''.

Lifetime Income Disclosure Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the quarterly pension benefit statement furnished to a participant or beneficiary with the right to direct the investment of assets in his or her account under an individual account plan to include a lifetime income disclosure at least once every calendar year. Requires such a lifetime income disclosure to set forth the annuity equivalent of the participant's or beneficiary's total benefits accrued. Defines an annuity equivalent of the total benefits accrued as the monthly annuity payment the participant or beneficiary would receive at the plan's normal retirement age if those total accrued benefits were used on the date of the lifetime income disclosure to purchase certain qualified joint and survivor life annuities whose annuity payments would commence at the plan's normal retirement age. Directs the Secretary of Labor to: (1) issue a model lifetime income disclosure, written in a manner which can be understood by the average plan participant; and (2) prescribe assumptions that plan administrators may use in converting total accrued benefits into annuity equivalents. Declares that no plan fiduciary, plan sponsor, or other person shall have any liability under ERISA solely by reason of the provision of annuity equivalents derived in accordance with such assumptions and related rules and including explanations contained in the model lifetime income disclosure.

A bill to amend the Employee Retirement Income Security Act of 1974 to require a lifetime income disclosure.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Two Floods and You Are Out of the Taxpayers' Pocket Act of 1999''. SEC. 2. FLOOD LOSS REDUCTION FOR REPETITIVE FLOOD INSURANCE CLAIM PROPERTIES. Section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) is amended-- (1) in subsection (a), by inserting after the first sentence the following new sentence: ``In awarding grants under this section for mitigation activities, the Director shall give priority to properties for which repetitive flood insurance claim payments have been made.''; (2) in the last sentence of subsection (c), by inserting before the period the following: ``, and shall address properties in the area for which repetitive flood insurance claim payments have been made''. (3) in subsection (f), by striking paragraph (3) and inserting the following new paragraph: ``(3) Waiver.--The Director may waive the dollar amount limitations under paragraphs (1) and (2) for any State or community-- ``(A) for any 5-year period when a major disaster or emergency declared by the President (pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)) as a result of flood conditions is in effect with respect to areas in the State or community; or ``(B) whenever the Director determines that the State or community has properties for which repetitive flood insurance claim payments have been made and that waiver of the cost limitations is cost-effective and in the best interests of the National Flood Insurance Fund.''. SEC. 3. NATIONAL FLOOD MITIGATION FUND. (a) Credits.--Section 1367(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104d(b)) is amended-- (1) by striking paragraph (1) and inserting the following new paragraph: ``(1) amounts from the National Flood Insurance Fund, in amounts not exceeding $70,000,000 in each of fiscal years 2000, 2001, 2002, and 2003, of which all amounts made available under this paragraph in excess of $20,000,000 in each such fiscal year shall be used only under section 1366 for mitigation activities for properties for which repetitive flood insurance claim payments have been made, such sums to remain available until expended;''; (2) in paragraph (2), by striking ``and'' at the end; (3) in paragraph (3), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following new paragraph: ``(4) any amounts which may be appropriated for the Fund, which are authorized to be appropriated in amounts not exceeding $50,000,000 in each of fiscal years 2000, 2001, 2002, and 2003, which amounts shall be used only under section 1366 for mitigation activities for properties for which repetitive flood insurance claim payments have been made, such sums to remain available until expended.''. SEC. 4. CONSOLIDATION OF AUTHORIZATIONS. (a) In General.--The National Flood Insurance Act of 1968 is amended as follows: (1) Borrowing authority.--In the first sentence of section 1309(a) (42 U.S.C. 4016(a)), by striking ``through September'' and all that follows through ``, and'' and inserting the following: ``through the date specified in section 1319, and''. (2) Authority for contracts.--In section 1319 (42 U.S.C. 4026), by striking ``after'' and all that follows and inserting ``after September 30, 2004.''. (3) Emergency implementation.--In section 1336(a) (42 U.S.C. 4056(a)), by striking ``during the period'' and all that follows through ``in accordance'' and inserting ``during the period ending on the date specified in section 1319, in accordance''. (4) Authorization of appropriations for studies.--In section 1376(c) (42 U.S.C. 4127(c)), by striking ``through'' and all that follows and inserting the following: ``through the date specified in section 1319.''. SEC. 5. CHARGEABLE PREMIUM RATES. (a) Actuarial Rate Properties.--Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended by striking subsection (c) and inserting the following new subsection: ``(c) Actuarial Rate Properties.--Subject only to the limitation provided under paragraph (1), the chargeable rate shall not be less than the applicable estimated risk premium rate for such area (or subdivision thereof) under section 1307(a)(1) with respect to the following properties: ``(1) Post-firm properties.--Any property the construction or substantial improvement of which the Director determines has been started after December 31, 1974, or started after the effective date of the initial rate map published by the Director under paragraph (2) of section 1360 for the area in which such property is located, whichever is later, except that the chargeable rate for properties under this paragraph shall be subject to the limitation under subsection (e). ``(2) Repetitive claim payments properties.--Any property for which the Director determines that repetitive flood insurance claim payments have been made and the owner of which has refused a buyout, elevation, or other flood mitigation measure funded in whole or in part by the Federal Emergency Management Agency. ``(3) Certain leased coastal and river properties.--Any property leased from the Federal Government (including residential and nonresidential properties) that the Director determines is located on the river-facing side of any dike, levee, or other riverine flood control structure, or seaward of any seawall or other coastal flood control structure.''. (b) Applicability of Annual Limitation on Premium Increases.-- Section 1308(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(e)) is amended by striking ``Notwithstanding'' and inserting ``Except with respect to properties described under paragraph (2) or (3) of subsection (c) and notwithstanding''. SEC. 6. REMOVING REPETITIVE CLAIM PROPERTIES FROM FEDERAL DISASTER ASSISTANCE RESPONSIBILITY. (a) In General.--Section 582 of the National Flood Insurance Reform Act of 1994 (42 U.S.C. 5154a) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection: ``(d) Unmitigated Repetitive Claim Properties.--Notwithstanding any other provision of law, no Federal disaster relief assistance made available in a flood disaster area may be used to make a payment (including any loan assistance payment) for repair, replacement, or restoration for damage to any property in the area for which-- ``(1) repetitive flood insurance claim payments have been made; and ``(2) in accordance with such requirements as the Director may establish, mitigation assistance under section 1366 of this Act or section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) has been offered to the owner of the property, before or after the occurrence of the flood loss events, which was refused by the owner.''. (b) Effective Date.--Notwithstanding subsection (f) of section 582 of the National Flood Insurance Reform Act of 1994 (as so redesignated by paragraph (1)(A) of this subsection), the amendment made by paragraph (1) shall apply to disasters declared after the date of the enactment of this Act. SEC. 7. MITIGATION GRANTS FOR REPETITIVE CLAIM PROPERTIES. (a) In General.--Chapter I of the National Flood Insurance Act of 1968 is amended by adding after section 1322 (42 U.S.C. 4029) the following new section: ``grants for repetitive claim properties ``Sec. 1323. The Director may provide funding for mitigation actions that reduce flood damages to repetitive flood insurance claim payments properties, if the Director determines that-- ``(1) such activities are in the best interest of the National Flood Insurance Fund; and ``(2) such activities can not be funded under the program under section 1366 because-- ``(A) the State or community in which the property is located can not comply with the requirements of section 1366(g); or ``(B) the State or community does not have the capacity to manage such activities.''. (b) Availability of National Flood Insurance Fund Amounts.--Section 1310(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is amended-- (1) in paragraph (7), by striking ``and'' at the end; (2) in paragraph (8), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(9) for funding for mitigation actions under section 1323.''. SEC. 8. USE RESTRICTIONS ON ACQUIRED PROPERTY. Section 1366(e)(5)(C) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c(e)(5)(C)) is amended by striking ``for public use, as the Director determines is consistent with sound land management and use in such area'' and inserting the following: ``except that the Director may not provide amounts under this section for use for acquisition of properties unless the State or community agrees, to the satisfaction of the Director, that the instrument for acquisition of the property will convey to the United States a future interest in all right, title, and interest in and to all property acquired with the amounts under this section that is contingent upon the condition that the property acquired ceases to be dedicated and maintained for use that is compatible with open space, recreational, or wetlands management practices.''. SEC. 9. DEFINITION OF REPETITIVE CLAIM PROPERTIES. Section 1370(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4121(a)) is amended-- (1) in paragraph (7), by inserting after the paragraph designation the following: ``for purposes of sections 1304(b)(1), 1315(a)(2)(A)(i), and 1366(e)(4),''; (2) in paragraph (13), by striking ``and'' at the end; (3) in paragraph (14), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following new paragraph: ``(15) the term `repetitive flood insurance claim payments' means, with respect to a property, that claim payments for losses to the property have been made under flood insurance coverage under this title on more than one occasion, without regard to the amount or timing of the payment or the ownership of the property.''.

Increases amounts credited to the National Flood Mitigation Fund from the National Flood Insurance Fund, such amounts to be used only for repetitive claim properties. Extends through FY 2004 the authority to enter into flood insurance contracts and the authorization of appropriations for the national flood insurance program. Provides chargeable national flood insurance premium rates for: (1) repetitive claim properties; and (2) certain coastal and river properties leased from the Government. Authorizes annual premium increases with respect to such properties. Amends the National Flood Insurance Reform Act of 1994 to prohibit Federal disaster relief assistance from being used for repair, replacement, or restoration of any property in the area for which: (1) repetitive claim payments have been made; and (2) Federal mitigation assistance has been offered to, but refused by, the property owner. Authorizes the Director to provide for funding for mitigation actions that reduce flood damages to repetitive claim properties, under certain conditions. Provides funding for such assistance from the National Flood Insurance Fund.

Two Floods and You Are Out of the Taxpayers' Pocket Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Guidance for Organizational Reform and Data Integrity for Accountability Needs Key for Necessary and Optimal Transformation Act'' or the ``VA GORDIAN KNOT Act''. SEC. 2. ORGANIZATION OF DEPARTMENT OF VETERANS AFFAIRS. (a) Independent Assessment.-- (1) In general.--The Secretary of Veterans Affairs shall seek to enter into an agreement with an independent entity to conduct an assessment of the organization of the Department of Veterans Affairs. (2) Elements.--The assessment under paragraph (1) shall include the following: (A) Whether the current organization of the Department is conducive to meeting the performance goals of the Department. (B) An identification of the mission statement and function of each element of the Department, including whether any such elements have duplicative functions. (C) Identification of the strengths and weaknesses of the current organization. (D) How many full-time equivalent positions, including with respect to senior executives, are in each of the Veterans Benefits Administration, the National Cemetery Administration, and the Central Office. (E) A description of the hierarchy in each element of the Department. (F) An evaluation of the cost to the Department of providing hospital care and medical services to veterans at medical facilities of the Department as compared to the cost of paying for such care and services furnished by a non-Department provider pursuant to the Veterans Choice Program established by section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (38 U.S.C. 1701 note) or other provision of law authorizing non-Department hospital care or medical services. (G) To assist in developing a long-term sustainable capital asset planning process, identification of underused facilities of the Department that, if closed or disposed of, would not negatively affect the health care or benefits provided to veterans. (H) With respect to the facilities described in subparagraph (E), a plan to engage veteran populations, veteran service organizations, and other organizations and stakeholders that work with veterans to identify such facilities and determine whether veterans have the ability to seek services by non-Department providers under the laws administered by the Secretary. (3) Submission.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate the assessment under paragraph (1). (b) Status of Organization.--Not later than October 1 of 2020, and annually thereafter, the Secretary shall-- (1) either-- (A) update the organizational structure of the Office of the Secretary, the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration to ensure that such structure is best able to provide benefits to veterans; or (B) certify to the Committees on Veterans' Affairs of the House of Representatives and the Senate that such structure does not require such updates; and (2) make publically available such update or certification, as the case may be, including clear organizational charts of the Office of the Secretary, the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration. SEC. 3. IMPROVEMENTS TO HIRING AND RETAINING EMPLOYEES. (a) Improvements to Hiring.-- (1) Hiring plan.--The Secretary of Veterans Affairs shall ensure that each medical facility of the Department of Veterans Affairs, including community based outpatient clinics, has a hiring plan to address the health care needs of the facility. (2) Sharing of information.--The Secretary shall establish a system that lists each vacant position in a medical facility of the Department that is covered under the hiring plan under paragraph (1). If the Secretary determines that an applicant for such a vacant position is qualified for the position but is not selected for the position, the Secretary may consider the applicant for other similar positions listed in the system. (3) Data.--The Secretary shall keep records on-- (A) the amount of time a vacant position described in paragraph (2) remains unfilled; (B) positions that have been vacant for a prolonged period and such vacancy-- (i) is related to a whistleblower case; and (ii) has affected the ability of the Department to provide quality and timely health care of veterans; and (C) whether an employee of the Department who transfers from one medical facility of the Department to another such facility was reprimanded, placed on administrative leave, or appealed an allegation at the previous position of the employee within the Department. (4) Submission.--Upon the request of either the Committee on Veterans' Affairs of the House of Representatives or the Committee on Veterans' Affairs of the Senate, the Secretary shall submit to the committee the records specified in paragraph (3). (b) Exit Interviews.--The Secretary shall ensure that each employee of the Department who voluntarily separates from the Department is afforded the opportunity to complete an interview in order for the Secretary to ascertain-- (1) the reason the employee is separating; (2) the opinion of the employee with respect to being employed at the Department; and (3) ways in which the Secretary can better improve the retention of employees of the Department. SEC. 4. INTEGRITY OF HEALTH CARE DATA. (a) Certain Definitions.--Section 7311 of title 38, United States Code, is amended by inserting at the end the following new subsection: ``(f) For purposes of determining the validity of health care data collected pursuant to this section or any other provision of law regarding the employees of the Veterans Health Administration, the Secretary shall develop standard definitions for-- ``(1) the actions that constitute the manipulation of data regarding scheduling appointments for health care; and ``(2) the ways in which such employees are held accountable for such manipulation.''. (b) Verification of Data.-- (1) Designation.--The Secretary of Veterans Affairs shall ensure that a single position in each office described in paragraph (2) is designated as being responsible for verifying the accuracy of the data reported from such office to a superior office. (2) Office described.--An office described in this paragraph is each of the following: (A) A medical facility of the Department of Veterans Affairs. (B) A Veterans Integrated Service Network. (C) A regional office of the Veterans Benefits Administration. (D) The central office of the Veterans Benefits Administration. (c) Assessment.-- (1) In general.--The Secretary shall seek to enter into an agreement with an independent, non-governmental entity to assess whether this section, and the amendment made by this section, improves the accuracy of data of the Department of Veterans Affairs. (2) Submission.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate the assessment conducted under paragraph (1). (d) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report containing-- (1) a study on-- (A) the data collected or used by the Veterans Health Administration and the Veterans Benefits Administration, including data that the Secretary, as of the date of the study, allows to be self-reported by the appropriate office; and (B) what metrics the Secretary should be using to track such data; (2) an implementation plan to correct any vulnerabilities regarding the accuracy of such data; (3) a description of the Department-wide minimal standards and guidelines to reprimand employees of the Department who knowingly provide false information to Federal investigators or who knowingly provide inaccurate information when testifying before a committee of Congress; and (4) an identification of the recommendations regarding data integrity, information technology, organizational reforms, management improvements, or hiring and retaining employees reported by or made by the independent assessment under section 201 of the Veterans Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 128 Stat. 1769), the Commission on Care, the Comptroller General of the United States, and the Inspector General of the Department of Veterans Affairs that, as of the date of the report, have not been implemented, and a plan to implement such recommendations and track the progress of such implementation. (e) Study of Costs.-- (1) In general.--The Secretary shall conduct a study to determine the costs to the United States relating to officials and employees of the Department of Veterans Affairs manipulating health care data, providing negligent management, and retaliating against whistleblowers, during the five-year period preceding such study. (2) Elements.--The study under paragraph (1) shall include the following: (A) The amount of money that the Federal Government has spent, by fiscal year, on settlements (including confidential settlements) with whistleblowers of the Department. (B) The number of hours that employees of the Federal Government have spent to defend the Department in administrative or judicial proceedings with respect to employees of the Department accused of manipulating health care data, providing negligent management, or retaliating against whistleblowers. (C) Obstacles preventing the Secretary from demoting, removing, or terminating an employee of the Department based on performance or misconduct. (3) Submission.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report containing the study under paragraph (1). SEC. 5. PUBLICATION OF WAIT TIMES. (a) Publication of Wait Times.--The Secretary of Veterans Affairs shall make publically available on the Internet website of the Department of Veterans Affairs the current wait times for a veteran enrolled in the health care system established under section 1705(a) of title 38, United States Code, to receive an appointment for health care at a medical facility of the Department of Veterans Affairs. Such wait time shall be categorized by primary care, specialty care, and mental health services and include an explanation on the metrics used to determine such wait times. (b) Transparency.--The Secretary of Veterans Affairs shall seek to enter into an agreement with the Comptroller General of the United States or an independent entity to conduct an assessment of the accuracy of the wait times published under subsection (a). The Secretary shall publish information regarding such assessment on the Internet website described in subsection (a). (c) Wait Time Defined.--In this section, the term ``wait time'' means, with respect to a veteran receiving an appointment at a medical facility of the Department of Veterans Affairs, the period beginning on the date on which the veteran first requests such appointment and ending on the date on which such appointment occurs. SEC. 6. TRANSFER AUTHORITY. (a) In General.--Chapter 1 of title 38, United States Code, is amended by inserting after section 117 the following new section: ``Sec. 117A. Transfer authority ``(a) In General.--In addition to any other provision of law authorizing the transfer of amounts by the Secretary of Veterans Affairs, in any fiscal year in which there is a shortfall, the Secretary may transfer covered amounts to accounts of the Department for purposes of mitigating or removing such shortfall. ``(b) Notification.--In any fiscal year in which there is a shortfall and the Secretary does not make a transfer under subsection (a), the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate justifications for not making such transfer. ``(c) Definitions.--In this section: ``(1) The term `covered amounts' means amounts made available to the Secretary for awards or bonuses under chapter 45 or 53 of title 5, United States Code, or any other awards or bonuses authorized under such title or this title. ``(2) The term `shortfall' means the event, as determined by the Secretary, that the funds made available to the Secretary for a fiscal year are not sufficient to provide the benefits under the laws administered by the Secretary or otherwise carry out the responsibilities of the Department during any period of such fiscal year.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 117 the following new item: ``117A. Transfer authority.''.

VA Guidance for Organizational Reform and Data Integrity for Accountability Needs Key for Necessary and Optimal Transformation Act or the VA GORDIAN KNOT Act This bill directs the Department of Veterans Affairs (VA) to enter into an agreement for an independent assessment of its organization, which shall evaluate: (1) whether the VA's current organization is conducive to meeting its performance goals, and (2) the cost of providing hospital care and medical services to veterans at VA medical facilities compared to the cost of paying for such care and services furnished by a non-VA provider pursuant to the Veterans Choice Program. The VA shall ensure that: (1) each VA medical facility has a hiring plan, and (2) each VA employee who voluntarily separates is afforded the opportunity to complete an exit interview. The VA shall: (1) develop standard definitions for the actions that constitute the manipulation of data regarding scheduling health care appointments and the ways in which Veterans Health Administration employees are held accountable for such manipulation; (2) ensure that a single position in each VA medical facility and office is designated as being responsible for verifying the accuracy of reported health care data; (3) enter into an agreement for an independent assessment of whether such requirements improve the accuracy of VA data; and (4) study and report on VA health care data integrity and on costs relating to VA employees manipulating health care data, providing negligent management, and retaliating against whistleblowers. The VA shall: (1) make publicly available on its website the current wait times for a veteran enrolled in the VA health care system to receive an appointment at a VA facility, (2) enter into an agreement for an assessment of the accuracy of such wait times, and (3) publish information regarding such assessment. The VA may transfer specified amounts among its accounts to mitigate or remove any shortfall or justify not making such transfer.

VA Guidance for Organizational Reform and Data Integrity for Accountability Needs Key for Necessary and Optimal Transformation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fremont-Madison Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) District.--The term ``District'' means the Fremont- Madison Irrigation District, an irrigation district organized under the law of the State of Idaho. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CONVEYANCE OF FACILITIES. (a) Conveyance Requirement.--The Secretary of the Interior shall convey to the Fremont-Madison Irrigation District, Idaho, pursuant to the terms of the memorandum of agreement (MOA) between the District and the Secretary (Contract No. 1425-0901-09MA-0910-093310), all right, title, and interest of the United States in and to the canals, laterals, drains, and other components of the water distribution and drainage system that is operated or maintained by the District for delivery of water to and drainage of water from lands within the boundaries of the District as they exist upon the date of enactment of this Act, consistent with section 8. (b) Report.--If the Secretary has not completed any conveyance required under this Act by September 13, 2004, the Secretary shall, by no later than that date, submit a report to the Congress explaining the reasons that conveyance has not been completed and stating the date by which the conveyance will be completed. SEC. 4. COSTS. (a) In General.--The Secretary shall require, as a condition of the conveyance under section 3, that the District pay the administrative costs of the conveyance and related activities, including the costs of any review required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as described in Contract No. 1425-0901-09MA- 0910-093310. (b) Value of Facilities To Be Transferred.--In addition to subsection (a) the Secretary shall also require, as a condition of the conveyance under section 2, that the District pay to the United States the lesser of the net present value of the remaining obligations owed by the District to the United States with respect to the facilities conveyed, or $280,000. Amounts received by the United States under this subsection shall be deposited into the Reclamation Fund. SEC. 5. TETON EXCHANGE WELLS. (a) Contracts and Permit.--In conveying the Teton Exchange Wells pursuant to section 3, the Secretary shall also convey to the District-- (1) Idaho Department of Water Resources permit number 22- 7022, including drilled wells under the permit, as described in Contract No. 1425-0901-09MA-0910-093310; and (2) all equipment appurtenant to such wells. (b) Extension of Water Service Contract.--The water service contract between the Secretary and the District (Contract No. 7-0907- 0910-09W0179, dated September 16, 1977) is hereby extended and shall continue in full force and effect until all conditions described in this Act are fulfilled. SEC. 6. ENVIRONMENTAL REVIEW Prior to conveyance the Secretary shall complete all environmental reviews and analyses as set forth in the Memorandum of Agreement referenced in section 3(a). SEC. 7. LIABILITY. Effective on the date of the conveyance the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed facilities, except for damages caused by acts of negligence committed by the United States or by its employees, agents, or contractors prior to the date of conveyance. Nothing in this section may increase the liability of the United States beyond that currently provided in chapter 171 of title 28, United States Code. SEC. 8. WATER SUPPLY TO DISTRICT LANDS. The acreage within the District eligible to receive water from the Minidoka Project and the Teton Basin Projects is increased to reflect the number of acres within the District as of the date of enactment of this Act, including lands annexed into the District prior to enactment of this Act as contemplated by the Teton Basin Project. The increase in acreage does not alter deliveries authorized under the District's existing water storage contracts and as allowed by State water law. SEC. 9. DROUGHT MANAGEMENT PLANNING. Within 60 days of enactment of this Act, in collaboration with stakeholders in the Henry's Fork watershed, the Secretary shall initiate a drought management planning process to address all water uses, including irrigation and the wild trout fishery, in the Henry's Fork watershed. Within 18 months of enactment of this Act, the Secretary shall submit a report to Congress, which shall include a final drought management plan. SEC. 10. EFFECT. (a) In General.--Except as provided in this Act, nothing in this Act affects-- (1) the rights of any person; or (2) any right in existence on the date of enactment of this Act of the Shoshone-Bannock Tribes of the Fort Hall Reservation to water based on a treaty, compact, executive order, agreement, the decision in Winters v. United States, 207 U.S. 564 (1908) (commonly known as the ``Winters Doctrine''), or law. (b) Conveyances.--Any conveyance under this Act shall not affect or abrogate any provision of any contract executed by the United States or State law regarding any irrigation district's right to use water developed in the facilities conveyed.

Fremont-Madison Conveyance Act - Directs the Secretary of the Interior to: (1) convey to the Fremont-Madison Irrigation District in Idaho, pursuant to a specified Memorandum of Agreement (MOA) between the District and the Secretary, the canals, lateral, drains, and other components of the water distribution and drainage system operated or maintained by the District; and (2) condition such conveyance on the District paying the administrative costs of the conveyance and related activities and the lesser of the net present value of the remaining obligations owed to the United States for the facilities conveyed or $280,000.Requires the Secretary, in conveying the Teton Exchange Wells, to also convey to the District Idaho Department of Water Resources permit number 22-7022, including drilled wells under such permit and all appurtenant equipment.Extends a specified water service contract between the Secretary and the District until all conditions described in this Act are fulfilled.Requires the Secretary, prior to conveyance, to complete all environmental reviews and analyses as set forth in the MOA.Increases the acreage within the District eligible to receive water from the Minidoka and Teton Basin Projects to reflect the number of acres within the District.Requires the Secretary: (1) in collaboration with stakeholders in the Henry's Fork watershed, to initiate a drought management planning process to address all water uses in the watershed; and (2) report a final plan to Congress.

To authorize the Secretary of the Interior to convey certain facilities to the Fremont-Madison Irrigation District in the State of Idaho.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Subcontractor Payment Protection Act''. SEC. 2. PAYMENT PROTECTIONS FOR SUBCONTRACTORS. (a) Modifications to FAR.--The Federal Acquisition Regulation issued under section 25(c)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)(1)) shall be modified to address the matters described in subsection (b). (b) Matters To Be Addressed.--The modifications required by subsection (a) shall, with respect to contracts entered into with the United States, require-- (1) a prime contractor (other than a construction contractor subject to the provisions of sections 3903(b) and 3905 of title 31, United States Code) to include in the contractor's contractual agreement with each of the contractor's subcontractors (including suppliers) a payment provision which-- (A) specifies a payment term pursuant to which the subcontractor may calculate a payment due date; (B) requires the prime contractor to give written notice to the subcontractor within 7 days of any event which will delay payment to the subcontractor in accordance with the subcontract payment term established pursuant to subparagraph (A); (C) requires the prime contractor to pay a subcontractor an interest penalty on the amounts due in the case of each payment not made in accordance with the payment term established pursuant to subparagraph (A)-- (i) for the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made; and (ii) computed at the rate specified by section 3902(a) of title 31, United States Code; (2) a prime contractor (other than a construction contractor subject to the provisions of sections 3903(b) and 3905 of title 31, United States Code) to submit, along with a request to the United States for payment-- (A) in the case of a contractor which is a small business concern, a certification that, to the best of the contractor's knowledge and belief, payments will be made to each subcontractor in accordance with the subcontract agreement from the proceeds of the payment covered by the certification and payments to subcontractors have been made from previous payments received from the United States; and (B) in the case of a contractor which is not a small business concern, a certification that, to the best of the contractor's knowledge and belief, payments have been made to each subcontractor in accordance with the subcontract agreement prior to the submission of the contractor's payment request to the United States which includes an amount for such subcontractor; (3) information to be furnished to a subcontractor, upon a written or oral request of the subcontractor, regarding payments made to the prime contractor by the United States, subject to the limitation of section 552(b)(1) of title 5, United States Code; (4) a contracting officer, upon receipt of a credible allegation, to make inquiries-- (A) with respect to a construction contract, regarding whether the contractor has made payments to the subcontractor in conformity with chapter 39 of title 31, United States Code; (B) with respect to a contract other than a construction contract, regarding whether the contractor has made payments to the subcontractor in compliance with the terms of their subcontract; and (C) regarding the validity of the required certification regarding subcontractor payment accompanying the contractor's payment request to the United States; (5) the contracting officer, upon determining that the prime contractor is not in compliance with a requirement referred to in subparagraph (A) or (B) of paragraph (4), to take action to-- (A) encourage the contractor to make timely payment to the subcontractor; (B) provide for the disbursement of amounts which the contractor has certified as being due to such subcontractor directly to the United States or through a federally insured bank acting as an escrow agent; (C) reduce or suspend progress payments with respect to amounts due the prime contractor; or (D) any combination of the measures described in subparagraphs (A), (B), and (C), and such other remedial measures as the contracting officer deems appropriate to encourage the contractor to comply with the contractor's obligations regarding timely payment of subcontractors; and (6) the contracting officer, upon determining that the contractor is not in compliance with certification requirement referred to in paragraph (2), to initiate appropriate administrative remedial action (including suspension procedures pursuant to section 9.4 of the Federal Acquisition Regulation). (c) Deadline.--Proposed regulations containing the modifications to the Federal Acquisition Regulation required under this Act shall be issued not later than 180 days after the date of the enactment of this Act. Final regulations containing the modifications to the Federal Acquisition Regulation required under this Act shall be issued not later than 270 days after the date of the enactment of this Act.

Subcontractor Payment Protection Act - Requires modification of the Federal Acquisition Regulation issued under the Office of Federal Procurement Policy Act to prescribe guidelines for contracts between a prime contractor and subcontractor with respect to timely payment.

Subcontractor Payment Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``College Student Relief Act of 2007''. SEC. 2. INTEREST RATE REDUCTIONS. (a) FFEL Interest Rates.-- (1) Section 427A(l) of the Higher Education Act of 1965 (20 U.S.C. 1077a(l)) is amended by adding at the end the following new paragraph: ``(4) Reduced rates for undergraduate subsidized loans.-- Notwithstanding subsection (h) and paragraph (1) of this subsection, with respect to any loan to an undergraduate student made, insured, or guaranteed under this part (other than a loan made pursuant to section 428B, 428C, or 428H) for which the first disbursement is made on or after July 1, 2006, and before January 1, 2012, the applicable rate of interest shall be as follows: ``(A) For a loan for which the first disbursement is made on or after July 1, 2006, and before July 1, 2007, 6.80 percent on the unpaid principal balance of the loan. ``(B) For a loan for which the first disbursement is made on or after July 1, 2007, and before July 1, 2008, 6.12 percent on the unpaid principal balance of the loan. ``(C) For a loan for which the first disbursement is made on or after July 1, 2008, and before July 1, 2009, 5.44 percent on the unpaid principal balance of the loan. ``(D) For a loan for which the first disbursement is made on or after July 1, 2009, and before July 1, 2010, 4.76 percent on the unpaid principal balance of the loan. ``(E) For a loan for which the first disbursement is made on or after July 1, 2010, and before July 1, 2011, 4.08 percent on the unpaid principal balance of the loan. ``(F) For a loan for which the first disbursement is made on or after July 1, 2011, and before January 1, 2012, 3.40 percent on the unpaid principal balance of the loan.''. (2) Special allowance cross reference.--Section 438(b)(2)(I)(ii)(II) of such Act is amended by striking ``section 427A(l)(1)'' and inserting ``section 427A(l)(1) or (l)(4)''. (b) Direct Loan Interest Rates.--Section 455(b)(7) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)(7)) is amended by adding at the end the following new subparagraph: ``(D) Reduced rates for undergraduate fdsl.-- Notwithstanding the preceding paragraphs of this subsection, for Federal Direct Stafford Loans made to undergraduate students for which the first disbursement is made on or after July 1, 2006, and before January 1, 2012, the applicable rate of interest shall be as follows: ``(i) For a loan for which the first disbursement is made on or after July 1, 2006, and before July 1, 2007, 6.80 percent on the unpaid principal balance of the loan. ``(ii) For a loan for which the first disbursement is made on or after July 1, 2007, and before July 1, 2008, 6.12 percent on the unpaid principal balance of the loan. ``(iii) For a loan for which the first disbursement is made on or after July 1, 2008, and before July 1, 2009, 5.44 percent on the unpaid principal balance of the loan. ``(iv) For a loan for which the first disbursement is made on or after July 1, 2009, and before July 1, 2010, 4.76 percent on the unpaid principal balance of the loan. ``(v) For a loan for which the first disbursement is made on or after July 1, 2010, and before July 1, 2011, 4.08 percent on the unpaid principal balance of the loan. ``(vi) For a loan for which the first disbursement is made on or after July 1, 2011, and before January 1, 2012, 3.40 percent on the unpaid principal balance of the loan.''. SEC. 3. REDUCTION OF LENDER INSURANCE PERCENTAGE. (a) Amendment.--Subparagraph (G) of section 428(b)(1) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(G)) is amended to read as follows: ``(G) insures 95 percent of the unpaid principal of loans insured under the program, except that-- ``(i) such program shall insure 100 percent of the unpaid principal of loans made with funds advanced pursuant to section 428(j) or 439(q); and ``(ii) notwithstanding the preceding provisions of this subparagraph, such program shall insure 100 percent of the unpaid principal amount of exempt claims as defined in subsection (c)(1)(G);''. (b) Effective Date.--The amendment made by subsection (a) shall take effect with respect to loans made on or after July 1, 2007. SEC. 4. GUARANTEE AGENCY COLLECTION RETENTION. Clause (ii) of section 428(c)(6)(A) of the Higher Education Act of 1965 (20 U.S.C. 1078(c)(6)(A)(ii)) is amended to read as follows: ``(ii) an amount equal to 24 percent of such payments for use in accordance with section 422B, except that-- ``(I) beginning October 1, 2003 and ending September 30, 2007, this subparagraph shall be applied by substituting `23 percent' for `24 percent'; ``(II) beginning October 1, 2007 and ending September 30, 2008, this subparagraph shall be applied by substituting `20 percent' for `24 percent'; ``(III) beginning October 1, 2008 and ending September 30, 2010, this subparagraph shall be applied by substituting `18 percent' for `24 percent'; and ``(IV) beginning October 1, 2010, this subparagraph shall be applied by substituting for `24 percent' a percentage determined in accordance with the regulations of the Secretary and equal to the average rate paid to collection agencies that have contracts with the Secretary.''. SEC. 5. ELIMINATION OF EXCEPTIONAL PERFORMER STATUS FOR LENDERS. (a) Elimination of Status.--Part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) is amended by striking section 428I (20 U.S.C. 1078-9). (b) Conforming Amendments.--Part B of title IV of such Act is further amended-- (1) in section 428(c)(1) (20 U.S.C. 1078(c)(1))-- (A) by striking subparagraph (D); and (B) by redesignating subparagraphs (E) through (H) as subparagraphs (D) through (G), respectively; and (2) in section 438(b)(5) (20 U.S.C. 1087-1(b)(5)), by striking the matter following subparagraph (B). (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on July 1, 2007. SEC. 6. REDUCTION OF LENDER SPECIAL ALLOWANCE PAYMENTS. Section 438(b)(2)(I) of the Higher Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(I)) is amended by adding at the end the following new clauses: ``(vi) Reduction for loans disbursed on or after july 1, 2007.--With respect to a loan on which the applicable interest rate is determined under section 427A(l) and for which the first disbursement of principal is made on or after July 1, 2007, the special allowance payment computed pursuant to this subparagraph shall be computed-- ``(I) by substituting `2.24 percent' for `2.34 percent' each place it appears in this subparagraph; ``(II) by substituting `1.64 percent' for `1.74 percent' in clause (ii); and ``(III) by substituting `2.54 percent' for `2.64 percent' each place it appears in clauses (iii) and (iv). ``(vii) Smaller lender exemption.--Clause (vi) shall not apply to the calculation of the special allowance payment with respect to any 3-month period for any holder of eligible loans that, together with its affiliated holders, is designated by the Secretary as a small lender. ``(viii) Designation of small lenders.--In determining which holders of eligible loans qualify for the exemption provided under clause (vii), the Secretary shall, using the most recently available data with respect to the total principal amount of eligible loans held by holders-- ``(I) rank all holders of eligible loans in descending order by total principal amount of eligible loans held; ``(II) calculate the total principal amount of eligible loans held by all holders; and ``(III) identify the subset of consecutively ranked holders under subclause (I), starting with the lowest ranked holder, that together hold a total principal amount of such loans equal to 10 percent of the total amount calculated under subclause (II), but excluding the holder, if any, whose holdings when added cause the total holdings of the subset to both equal and then exceed such 10 percent of such total amount calculated; and ``(IV) designate as small lenders any holder identified as a member of the subset under subclause (III).''. SEC. 7. INCREASED LOAN FEES FROM LENDERS. Paragraph (2) of section 438(d) of the Higher Education Act of 1965 (20 U.S.C. 1087-1(d)(2)) is amended to read as follows: ``(2) Amount of loan fees.--The amount of the loan fee which shall be deducted under paragraph (1), but which may not be collected from the borrower, shall be equal to-- ``(A) 0.50 percent of the principal amount of the loan with respect to any loan under this part for which the first disbursement was made on or after October 1, 1993, and before July 1, 2007; and ``(B) 1.0 percent of the principal amount of the loan with respect to any loan under this part for which the first disbursement was made on or after July 1, 2007.''. SEC. 8. INTEREST PAYMENT REBATE FEE. Section 428C(f)(2) of the Higher Education Act of 1965 (20 U.S.C. 1078-2(f)(2)) is amended-- (1) by striking ``Special rule--'' and inserting ``Special rules--(A)''; and (2) by adding at the end the following new subparagraph: ``(B) For consolidation loans based on applications received on or after July 1, 2007, if 90 percent or more of the total principal and accrued unpaid interest outstanding on the loans held, directly or indirectly, by any holder is comprised of principal and accrued unpaid interest owed on consolidation loans, the rebate described in paragraph (1) for such holder shall be equal to 1.30 percent of the principal plus accrued unpaid interest on such loans.''. Passed the House of Representatives January 17, 2007. Attest: KAREN L. HAAS, Clerk.

College Student Relief Act of 2007 - Amends the Higher Education Act of 1965 to phase-in cuts in the interest rate charged undergraduate student borrowers under the Federal Family Education Loan (FFEL) and Direct Loan (DL) programs, thereby reducing such rate from 6.8% in July 2006 to 3.4% in July 2011. Limits FFEL lender insurance to 95% of the unpaid balance of such loans. (Currently, 97% of a FFEL issued after June 2006 is federally-insured.) Provides for graduated reductions in the percentage of defaulted FFEL loan collections a guaranty agency is allowed to retain until, beginning in October 2010, it is equal to the average rate paid to collection agencies that have contracts with the Secretary of Education. Eliminates exceptional performer status for lenders, servicers, and guaranty agencies, which rewards such entities for high due diligence in FFEL collection. Reduces special allowance payments made to FFEL lenders to compensate them for the difference between FFEL interest rates and market rates. Exempts small lenders from such reduction. Increases the loan fee charged FFEL lenders from .5% to 1% of the principal amount of loans disbursed after June 2007. Prohibits its collection from borrowers. Increases, after June 2007, the rebate fee charged a holder of FFEL consolidated loans, provided that at least 90% of the total principal and accrued unpaid interest outstanding on loans held by such holder are such loans.

To amend the Higher Education Act of 1965 to reduce interest rates for student borrowers.

SECTION 1. HOME HEATING OIL AND PROPANE CONSUMERS. (a) Definitions.--For purposes of this section: (1) Carbon content.--The term ``carbon content'' means the amount of carbon dioxide that will be emitted as a result of the combustion of a fuel. (2) Cost-effective.--The term ``cost-effective'', with respect to an energy efficiency program or measure, means that the program or measure meets the Total Resource Cost Test, which requires that the net present value of economic benefits over the life of the program or measure, including avoided supply and delivery costs and deferred or avoided investments, is greater than the net present value of the economic costs over the life of the program or measure, including program costs and incremental costs borne by the energy consumer. (b) Allocation.--Not later than September 30 of each of calendar years 2012 through 2030, the Administrator shall distribute among the States, in accordance with this section, 1.5 percent of the emission allowances that the Administrator has established for the year in which such distribution is made (adjusted as necessary to preserve budget neutrality). (c) Distribution Among States.--The Administrator shall distribute allowances among the States under this section each year ratably based on the ratio of-- (1) the carbon content of home heating oil and propane sold to consumers within each State in the preceding year for residential or commercial uses; to (2) the carbon content of home heating oil and propane sold to consumers within the United States in the preceding year for residential or commercial uses. (d) Sale of Allowances.--Each State receiving emission allowances under this section shall sell such allowances within 1 year of receipt, either directly or through consignment to the Administrator for auction. Emission allowances distributed under this section that are not sold within 1 year of receipt by a State shall be returned to the Administrator, who shall distribute such allowances to the remaining States ratably in accordance with the formula in subsection (c). (e) Use of Proceeds.-- (1) In general.--States shall use the proceeds from sales of emission allowances distributed under this section exclusively for the benefit of consumers of home heating oil or propane for residential or commercial purposes. Such proceeds shall be used exclusively for-- (A) cost-effective energy efficiency programs for consumers that use home heating oil or propane for residential or commercial purposes; or (B) rebates or other direct financial assistance programs for consumers of home heating oil or propane used for residential or commercial purposes. (2) Administration and delivery mechanisms.--In administering programs funded under this section, States shall-- (A) use no less than 50 percent of funds provided under this section for cost-effective efficiency programs to reduce consumers' overall fuel costs; (B) use no more than 5 percent of funds provided under this section for administrative expenses; (C) to the extent practicable, deliver funding under this section through existing energy efficiency and consumer energy assistance programs or delivery mechanisms, including, where appropriate, programs or mechanisms administered by parties other than the State; (D) seek to coordinate the administration and delivery of energy efficiency and consumer energy assistance programs funded under this section, with one another and with existing programs for various fuel types, so as to deliver comprehensive, fuel-blind, coordinated programs to consumers; and (E) ensure that funding provided under this section does not displace or substitute for existing or alternative sources of funding for energy efficiency and consumer energy assistance programs. (f) Reporting.--Each State receiving emission allowances under this section shall submit to the Administrator, within 12 months of each receipt of such allowances, a report, in accordance with such requirements as the Administrator may prescribe, that-- (1) describes the State's use of proceeds of sales of emission allowances distributed under this section, including a description of the energy efficiency and consumer assistance programs funded through such proceeds; (2) demonstrates the cost-effectiveness of, and the energy savings achieved by, energy efficiency programs funded through this section; and (3) includes a report prepared by an independent third party, in accordance with such regulations as the Administrator may promulgate, evaluating the performance of the energy efficiency and consumer assistance programs funded under this section. (g) Enforcement.--If the Administrator determines that a State is not in compliance with this section, the Administrator may withhold a portion of the allowances, the value of which is equal to up to twice the value of the allowances that the State failed to use in accordance with the requirements of this section, that such State would otherwise be eligible to receive under this section in later years. Allowances withheld pursuant to this subsection shall be distributed among the remaining States ratably in accordance with the formula in subsection (c).

Directs the Administrator of the Environmental Protection Agency (EPA), by September 30 of each calendar year 2012-2030, to distribute among the states 1.5% of the emission allowances that the Administrator has established for the year. Requires the Administrator to distribute emission allowances among the states ratably each year, based on the ratio of: (1) the carbon content of home heating oil and propane sold to consumers within each state in the preceding year for residential or commercial purposes; to (2) the carbon content of home heating oil and propane sold that year for such purposes throughout the United States. Directs each state receiving emission allowances to sell them within one year of receipt, either directly or through consignment to the Administrator for auction. Requires any emission allowances that are not sold within one year of receipt to be returned to the Administrator, who shall distribute them to the remaining states ratably in accordance with the formula. Requires states to use the proceeds from such sales exclusively for the benefit of consumers of home heating oil or propane for residential or commercial purposes, particularly: (1) cost-effective energy efficiency programs; or (2) rebates or other direct financial assistance programs for them.

To use tradable greenhouse gas emission allowances under the American Clean Energy and Security Act of 2009 to provide assistance to residential and commercial consumers of home heating oil and propane in reducing the effective costs of such fuels through State programs to deliver cost-effective efficiency programs and other consumer assistance.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Changing Room Privacy Act''. SEC. 2. PROHIBITION AGAINST VIDEO OR AUDIO MONITORING OF EMPLOYEES IN CERTAIN EMPLOYMENT LOCATIONS. An employer may not engage in video monitoring or audio monitoring of an employee of the employer when the employee is in a restroom facility, dressing room, or any other area in which it is reasonable to expect employees of the employer to change clothing. SEC. 3. ENFORCEMENT ACTION BY SECRETARY. (a) In General.--Any employer who violates section 2 shall be liable to the United States for a civil money penalty in an amount not to exceed $10,000 for each violation, except that, if the violation is knowing, the penalty for the violation may be up to $25,000. (b) Written Notice and Opportunity for Hearing.--The Secretary of Labor shall assess a civil money penalty under subsection (a) by an order made on the record after opportunity for a hearing provided in accordance with section 554 of title 5, United States Code. In connection with the hearing, the Secretary may issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence that relates to the subject matter of the hearing. (c) Determination of Amount of Civil Money Penalty.--In determining the amount of a civil money penalty under subsection (a), the Secretary shall take into account-- (1) the nature, circumstances, extent, and gravity of the violation or violations; and (2) with respect to the violator, the ability to pay, effect on ability to continue to do business, any history of prior violations, the degree of culpability, and such other matters as justice may require. (d) Modification of Civil Money Penalty.--The Secretary may compromise, modify, or remit, with or without conditions, any civil money penalty assessed under subsection (a). The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the employer. (e) Judicial Review.--An employer who requested, in accordance with section 554 of title 5, United States Code, a hearing respecting the assessment of a civil money penalty under this subsection, and who is aggrieved by the order assessing the penalty may file a petition for judicial review of the order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the employer resides or transacts business. Such a petition may only be filed within the 60-day period beginning on the date the order was issued. (f) Failure to Pay.--The Attorney General may recover, in an action brought in any appropriate district court of the United States, the amount of a civil money penalty assessed under this subsection against an employer who fails to pay the penalty-- (1) after the order making the assessment becomes final, and if such employer does not file a petition for judicial review of the order in accordance with subsection (e); or (2) after a court in an action brought under subsection (e) has entered a final judgment in favor of the Secretary. (g) No Review of Penalty.--In an action brought under subsection (f), the validity, amount, and appropriateness of the civil money penalty shall not be subject to review. (h) Injunctive Relief.--The Secretary may commence, in any court of competent jurisdiction, a civil action for the purpose of obtaining temporary or permanent injunctive relief with respect to preventing a violation of section 2. SEC. 4. CIVIL CAUSE OF ACTION BY AGGRIEVED EMPLOYEE. (a) In General.--An employee who is aggrieved as a result of a violation of section 2 by the employer of such employee may commence, in any court of competent jurisdiction, a civil action against the employer to obtain appropriate relief, including-- (1) an injunction to enjoin the employer from further engaging in the violation or from committing any further violation, as appropriate; (2) damages not to exceed $25,000 if the violation is knowing; or (3) both such remedies. (b) Commencement of Proceedings.--An employee referred to in subsection (a) may not commence proceedings under such subsection against an employer of the employee after the expiration of the 7-year period beginning on the later of the following: (1) The date on which the employer allegedly engaged in a violation of section 2. (2) The date on which the employee should have been aware of an alleged violation of section 2 by the employer. (c) Attorney's Fees and Costs.--In any civil action referred to in subsection (a), the prevailing party may obtain appropriate relief, including reasonable costs, and attorney's and expert witness fees. SEC. 5. EFFECT ON STATE LAWS AND COLLECTIVE BARGAINING AGREEMENTS. (a) State Laws.--This Act does not annul, alter, or affect in any manner the meaning, scope, or applicability of the laws of any State or political subdivision of any State, except to the extent such laws are inconsistent with this Act, and then only to the extent of the inconsistency. A law is not inconsistent with this Act if the law affords greater protection to an employee than the protection provided under this Act. (b) Collective Bargaining Agreements.--This Act does not annul, alter, or affect in any manner the meaning, scope, or applicability of any collective bargaining agreements, except to the extent that such agreements are inconsistent with this Act, and then only to the extent of the inconsistency. An agreement is not inconsistent with this Act if the agreement affords greater protection to an employee than the protection provided under this Act. SEC. 6. DEFINITIONS. In this Act: (1) Audio monitoring.--The term ``audio monitoring'' means the listening to, collecting, or recording of sounds of an employee by means of audio equipment or other method. (2) Employee.--The term ``employee'' means any person who is employed by an employer or who was employed by an employer at the time of a violation that was allegedly committed by that employer. Such term includes leased or temporary employees and an employee who is under contract to perform work for an employer. (3) Employer.--The term ``employer'' means any person or entity engaged in commerce or in an industry or activity affecting commerce. Such term includes a public agency. (4) Public agency.--The term ``public agency'' means-- (A) the Government of the United States; (B) the government of a State or political subdivision thereof; (C) any agency of the United States (including the United States Postal Service and Postal Rate Commission); (D) any agency of a State, or a political subdivision of a State; or (E) any interstate governmental agency. (5) Video monitoring.--The term ``video monitoring'' means the videotaping, photographing, filming, or recording by any electronic means of an employee. (6) Secretary.--The term ``Secretary'' means the Secretary of Labor. (7) State.--The term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. SEC. 7. EFFECTIVE DATE. This Act takes effect 60 days after the date of the enactment of this Act.

Employee Changing Room Privacy Act - Prohibits employers from engaging in video or audio monitoring of employees in restroom facilities, dressing rooms, or other areas in which it is reasonable to expect employees to change clothing. Establishes maximum civil money penalties for violators. Requires the Secretary of Labor to: (1) provide written notice and an opportunity for a hearing before assessing such penalties; and (2) determine the amount of such penalties taking into account the nature of the violation and specified factors with respect to the violator. Authorizes judicial review of a civil money penalty assessment order for employers who requested a hearing. Authorizes the Attorney General to file suit to recover civil money penalties assessed under this Act if an employer fails to pay. Authorizes the Secretary to commence civil actions for injunctive relief to prevent violations of this Act. Authorizes employees aggrieved by an employer's violation of this Act to commence a civil action against the employer for injunctive relief, damages (if the violation is knowing), or both. Asserts that this Act does not alter State law or collective bargaining agreements except where inconsistent with this Act.

To protect employees from invasion of privacy by employers by prohibiting certain video monitoring and audio monitoring of employees by their employers, and for other purposes.

SECTION. 1. SHORT TITLE. This Act may be cited as the ``Defend America Act of 1996''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Although the United States possesses the technological means to develop and deploy defensive systems that would be highly effective in countering limited ballistic missile threats to its territory, the United States has not deployed such systems and currently has no policy to do so. (2) The threat that is posed to the national security of the United States by the proliferation of ballistic missiles is significant and growing, both quantitatively and qualitatively. (3) The trend in ballistic missile proliferation is toward longer range and increasingly sophisticated missiles. (4) Several countries that are hostile to the United States (including North Korea, Iran, Libya, and Iraq) have demonstrated an interest in acquiring ballistic missiles capable of reaching the United States. (5) The Intelligence Community of the United States has confirmed that North Korea is developing an intercontinental ballistic missile that will be capable of reaching Alaska or beyond once deployed. (6) There are ways for determined countries to acquire missiles capable of threatening the United States with little warning by means other than indigenous development. (7) Because of the dire consequences to the United States of not being prepared to defend itself against a rogue missile attack and the long-lead time associated with preparing an effective defense, it is prudent to commence a national missile defense deployment effort before new ballistic missile threats to the United States are unambiguously confirmed. (8) The timely deployment by the United States of an effective national missile defense system will reduce the incentives for countries to develop or otherwise acquire intercontinental ballistic missiles, thereby inhibiting as well as countering the proliferation of missiles and weapons of mass destruction. (9) Deployment by the United States of a national missile defense system will reduce concerns about the threat of an accidental or unauthorized ballistic missile attack on the United States. (10) The offense-only approach to strategic deterrence presently followed by the United States and Russia is fundamentally adversarial and is not a suitable basis for stability in a world in which the United States and the states of the former Soviet Union are seeking to normalize relations and eliminate Cold War attitudes and arrangements. (11) Pursuing a transition to a form of strategic deterrence based increasingly on defensive capabilities and strategies is in the interest of all countries seeking to preserve and enhance strategic stability. (12) The deployment of a national missile defense system capable of defending the United States against limited ballistic missile attacks would (A) strengthen deterrence at the levels of forces agreed to by the United States and Russia under the START I Treaty, and (B) further strengthen deterrence if reductions below START I levels are implemented in the future. (13) Article XIII of the ABM Treaty envisions ``possible changes in the strategic situation which have a bearing on the provisions of this treaty''. (14) Articles XIII and XIV of the treaty establish means for the parties to amend the treaty, and the parties have in the past used those means to amend the treaty. (15) Article XV of the treaty establishes the means for a party to withdraw from the treaty, upon six months notice ``if it decides that extraordinary events related to the subject matter of this treaty have jeopardized its supreme interests''. (16) Previous discussions between the United States and Russia, based on Russian President Yeltsin's proposal for a Global Protection System, envisioned an agreement to amend the ABM Treaty to allow (among other measures) deployment of as many as four ground-based interceptor sites in addition to the one site permitted under the ABM Treaty and unrestricted exploitation of sensors based within the atmosphere and in space. SEC. 3. NATIONAL MISSILE DEFENSE POLICY. (a) It is the policy of the United States to deploy by the end of 2003 a National Missile Defense system that-- (1) is capable of providing a highly-effective defense of the territory of the United States against limited, unauthorized, or accidental ballistic missile attacks; and (2) will be augmented over time to provide a layered defense against larger and more sophisticated ballistic missile threats as they emerge. (b) It is the policy of the United States to seek a cooperative transition to a regime that does not feature an offense-only form of deterrence as the basis for strategic stability. SEC. 4. NATIONAL MISSILE DEFENSE SYSTEM ARCHITECTURE. (a) Requirement for Development of System.--To implement the policy established in section 3(a), the Secretary of Defense shall develop for deployment an affordable and operationally effective National Missile Defense (NMD) system which shall achieve an initial operational capability (IOC) by the end of 2003. (b) Elements of the NMD System.--The system to be developed for deployment shall include the following elements: (1) An interceptor system that optimizes defensive coverage of the continental United States, Alaska, and Hawaii against limited, accidental, or unauthorized ballistic missile attacks and includes one or a combination of the following: (A) Ground-based interceptors. (B) Sea-based interceptors. (C) Space-based kinetic energy interceptors. (D) Space-based directed energy systems. (2) Fixed ground-based radars. (3) Space-based sensors, including the Space and Missile Tracking System. (4) Battle management, command, control, and communications (BM/C<SUP>3). SEC. 5. IMPLEMENTATION OF NATIONAL MISSILE DEFENSE SYSTEM. The Secretary of Defense shall-- (1) upon the enactment of this Act, promptly initiate required preparatory and planning actions that are necessary so as to be capable of meeting the initial operational capability (IOC) date specified in section 4(a); (2) plan to conduct by the end of 1998 an integrated systems test which uses elements (including BM/C<SUP>3 elements) that are representative of, and traceable to, the national missile defense system architecture specified in section 4(b); (3) prescribe and use streamlined acquisition policies and procedures to reduce the cost and increase the efficiency of developing the system specified in section 4(a); and (4) develop an affordable national missile defense follow- on program that-- (A) leverages off of the national missile defense system specified in section 4(a), and (B) augments that system, as the threat changes, to provide for a layered defense. SEC. 6. REPORT ON PLAN FOR NATIONAL MISSILE DEFENSE SYSTEM DEVELOPMENT AND DEPLOYMENT. Not later than March 15, 1997, the Secretary of Defense shall submit to Congress a report on the Secretary's plan for development and deployment of a national missile defense system pursuant to this Act. The report shall include the following matters: (1) The Secretary's plan for carrying out this Act, including-- (A) a detailed description of the system architecture selected for development under section 4(b); and (B) a discussion of the justification for the selection of that particular architecture. (2) The Secretary's estimate of the amount of appropriations required for research, development, test, evaluation, and for procurement, for each of fiscal years 1997 through 2003 in order to achieve the initial operational capability date specified in section 4(a). (3) A cost and operational effectiveness analysis of follow-on options to improve the effectiveness of such system. (4) A determination of the point at which any activity that is required to be carried out under this Act would conflict with the terms of the ABM Treaty, together with a description of any such activity, the legal basis for the Secretary's determination, and an estimate of the time at which such point would be reached in order to meet the initial operational capability date specified in section 4(a). SEC. 7. POLICY REGARDING THE ABM TREATY. (a) ABM Treaty Negotiations.--In light of the findings in section 2 and the policy established in section 3, Congress urges the President to pursue high-level discussions with the Russian Federation to achieve an agreement to amend the ABM Treaty to allow deployment of the national missile defense system being developed for deployment under section 4. (b) Requirement for Senate Advice and Consent.--If an agreement described in subsection (a) is achieved in discussions described in that subsection, the President shall present that agreement to the Senate for its advice and consent. No funds appropriated or otherwise available for any fiscal year may be obligated or expended to implement such an amendment to the ABM Treaty unless the amendment is made in the same manner as the manner by which a treaty is made. (c) Action Upon Failure To Achieve Negotiated Changes Within One Year.--If an agreement described in subsection (a) is not achieved in discussions described in that subsection within one year after the date of the enactment of this Act, the President and Congress, in consultation with each other, shall consider exercising the option of withdrawing the United States from the ABM Treaty in accordance with the provisions of Article XV of that treaty. SEC. 8. ABM TREATY DEFINED. For purposes of this Act, the term ``ABM Treaty'' means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems, and signed at Moscow on May 26, 1972, and includes the Protocols to that Treaty, signed at Moscow on July 3, 1974.

Defend America Act of 1996 - Expresses U.S. policy to deploy by the end of 2003 a National Missile Defense (NMD) system that: (1) is capable of providing a highly effective defense of U.S. territory against limited, unauthorized, or accidental ballistic missile attack; (2) will be augmented over time to provide a layered defense against larger and more sophisticated ballistic missile threats; and (3) does not feature an offensive-only form of deterrence. Directs the Secretary of Defense to develop for deployment an affordable and operationally effective NMD system which shall achieve an initial operational capability by the end of 2003. Outlines system elements, including the use of missile interceptors on the ground, at sea, and in space. Directs the Secretary to take specified actions to implement the NMD system development upon enactment of this Act, including the conduct of an integrated systems test by the end of 1998. Requires the Secretary to report to the Congress the Secretary's plans for the development and deployment of the NMD system. Urges the President to pursue high-level discussions with the Russian Federation to achieve an agreement to amend the Anti-Ballistic Missile (ABM) Treaty to allow deployment of the NMD system. Requires the President to present any such agreement to the Senate for its advice and consent. Requires the President and the Congress, if such an agreement is not achieved within one year after enactment of this Act, to consider exercising the option of withdrawing the United States from the ABM Treaty.

Defend America Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grant's Tomb National Monument Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) Ulysses S. Grant has been heralded as a national hero by his contemporaries and by generations thereafter; (2) Ulysses S. Grant led the Union army to victory, bringing to an end the Civil War in 1865, assuring the preservation of the United States of America, and resulting in the emancipation of American slaves; (3) Ulysses S. Grant served as the 18th President of the United States from 1869 through 1877; (4) Ulysses S. Grant demonstrated his commitment to maintaining the rights of freed slaves by executing his authority as Commander in Chief to command Federal troops to protect the rights and freedoms of former slaves; and (5) Ulysses S. Grant demonstrated his commitment to rebuilding the Nation and restoring unity among the American people. (b) Purposes.--The purposes of this Act are-- (1) to recognize and pay tribute to Ulysses S. Grant, both as a general and as the President of the United States; (2) to restore, complete, and preserve in perpetuity the Grant's Tomb National Monument and surrounding areas which are of National historical significance in a manner consistent with the existing architectural, historical, and educational value of the monument's original design and purpose; and (3) to educate present and future generations about the life of Ulysses S. Grant and his contributions to the United States. SEC. 3. REDESIGNATION OF MEMORIAL AND ADMINISTRATION OF GRANT'S TOMB NATIONAL MONUMENT. (a) Redesignation.--General Grant National Memorial, located at Riverside Drive and West One Hundred and Twenty-Second Street in New York, New York, is hereby redesignated as Grant's Tomb National Monument (hereafter in this Act referred to as the ``monument''). (b) Area Included.--The monument shall consist of the tomb of Ulysses S. Grant and the surrounding plaza area, as generally depicted on the map entitled ``Grant's Tomb National Monument'' and dated April 27, 1994. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. (c) Administration.--The Secretary of the Interior (hereafter in this Act referred to as the ``Secretary'') shall administer, repair, restore, preserve, maintain, and promote the monument in accordance with this Act and with the provisions of law generally applicable to units of the National Park System, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4). (d) Visitors Center.--(1) The Secretary shall design and construct a visitors center (including public restrooms) at the monument to aid in the interpretation and maintain the historical significance of the monument. (2) The visitors center shall-- (A) be established in consultation with the study commission established under section 5; and (B) be designed in a manner which is consistent with the existing architectural and historical intent of the site and which does not detract from the historical interpretation and the scenic views of the monument and the existing park area. SEC. 4. LAND ACQUISITION; LEASE OR COOPERATIVE MANAGEMENT AGREEMENT. (a) Acquisition.--The Secretary shall acquire from the city of New York non-Federal lands located within the boundaries of the monument as depicted on the map referred to in section 3(b) by donation, purchase with donated or appropriated funds, or exchange. (b) Lease or Cooperative Management Agreement.--The Secretary may lease non-Federal lands located within the boundary of the monument or enter into a cooperative agreement for the management of such lands to carry out the purposes of this Act. SEC. 5. STUDY COMMISSION. (a) Establishment.--(1) The Secretary shall establish a study commission of seven persons within 60 days after the date of enactment of this Act which shall be composed of the president and at least three members of the executive committee of the Grant Monument Association, representatives of the community surrounding the monument, and citizens with a unique knowledge or expertise relating to the monument. No officer or employee of the Federal, State, or local government is eligible for membership on the study commission. (2) Members of the study commission shall serve without pay. (3) The members of the study commission shall designate a chair of the study commission. (4) Upon request of the study commission, the Secretary shall furnish on a reimbursable basis such administrative support services (including staff, supplies, and facilities) as necessary for the study commission to carry out its responsibilities under this Act. (b) Duties.--The study commission shall review security and maintenance at the monument, as well as plan for interpretive programs and for the complete restoration of the monument, and within 180 days after the date of their first meeting, submit a written report regarding their study to the Secretary. The report shall include proposed measures to improve security, maintenance, and interpretive programs, including such improvements as may be required to be carried out by April 27, 1999, which shall be based on the original plans of the architect of the tomb, John H. Duncan, and the plans of architect John Russell Pope, approved in 1928 by the Grant Monument Association. The report shall also include an estimate of the capital costs and general operating costs of implementing these proposed measures. Following the submission of the report to the Secretary, the study commission shall monitor the progress of the repairs being made to the Tomb, and shall, until the study commission's termination as provided herein, submit reports to the Secretary and the Congress on the progress of such repairs as the commission deems necessary. (c) Final Plan.--Not later than 90 days after the date on which the report is submitted to the Secretary under subsection (b), the Secretary shall review and evaluate the report and submit to the Congress a final plan for the projects at the monument to be fully completed by April 27, 1999. Unless the Secretary reports to the Congress that specific aspects of the study commission's report are unreasonable; inconsistent with the existing architectural, historical, and educational intent of the site; detract from, distort, or otherwise compromise the historical interpretation or scenic views of the monument; or conflict with the purpose of this Act as described in section 2(b), such final plan shall be entirely consistent with the study commission's report. The final plan shall contain designs for the site which are consistent with the existing architectural and historical intent of the site and do not detract from or distort the historical interpretation or scenic views of the monument and the existing park area. (d) Meetings.--All meetings of the study commission shall be open to the public. Interested persons may attend such meetings, appear before the study commissions, or file statements related to the purposes of this Act with the study commission. (e) Termination; FACA.--(1) The study commission shall terminate no later than three years after the date that it is established. (2) The provisions of the Federal Advisory Committee Act (5 U.S.C. Appendix; 86 Stat. 776), shall not apply to the study commission. SEC. 6. HONOR GUARD. The Secretary of the Interior in coordination with the Secretary of Defense, acting through the Secretary of the Army, shall provide no less than three military guards who shall protect the monument and the site on a twenty-four hour basis every day in perpetuity, beginning no later than the start of implementation of the final plan referred to in section 5(c). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act.

Grant's Tomb National Monument Act - Redesignates General Grant National Memorial located at Riverside Drive and West 122d Street, New York, New York, as Grant's Tomb National Monument. Directs the Secretary of the Interior to: (1) maintain and promote the Monument in accordance with provisions applicable to units of the National Park System; (2) construct a visitors center; and (3) acquire from New York City non-Federal lands located within Monument boundaries. Requires the Secretary to establish a study commission to: (1) review security and maintenance at the Monument; (2) plan for interpretive programs and the complete restoration of the Monument; and (3) report to the Secretary, who must report to the Congress a final plan for projects to be fully completed by April 27, 1999. Directs the Secretary, in coordination with the Secretary of the Defense and acting through the Secretary of the Army, to provide at least three military guards to protect the Monument and the site. Authorizes appropriations.

Grant's Tomb National Monument Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Aviation Capacity Expansion Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The reliability and efficiency of the national air transportation system significantly depend on the efficiency of Chicago O'Hare International Airport. Because of O'Hare's central location, and the magnitude of the demand for air transportation services in northeast Illinois and northwest Indiana, O'Hare has an essential role in the national air transportation system. The reliability and efficiency of interstate air transportation for residents and businesses in many States depend on efficient processing of air traffic operations at O'Hare. (2) The largest efficient hub airports in the United States are designed with multiple parallel runways without substantial runway intersections. O'Hare cannot efficiently perform its role in the national air transportation system unless it has such a design. (3) New runway construction projects are local decisions that are supported by the Federal Government through the Airport Improvement Program and other programs. Given the importance of air travel to our national economy, and the importance of O'Hare to national air transportation, it is critical that the Federal Government does all it can to facilitate redesign of O'Hare and the development of a supplemental air carrier airport located near Peotone, Illinois. (4) The Governor of Illinois and the Mayor of Chicago have determined that redesign of O'Hare and the development of a supplemental air carrier airport located near Peotone, Illinois, as described in this Act, are each necessary and desirable to provide reliable and efficient air commerce. (5) On December 5, 2001, the Governor of Illinois and the Mayor of Chicago signed an historic agreement that would modernize O'Hare International Airport, by providing for-- (A) east-west parallel runways; (B) construction of a south suburban airport near Peotone; (C) addressing traffic congestion along the Northwest Corridor, including western airport access; (D) continuation of the operation of Chicago Meigs Field; and (E) maintenance of the quality of life for residents near the airports. (6) The importance of increasing commercial air service at the Gary-Chicago and Greater Rockford Airports is also recognized. SEC. 3. AIRPORT REDESIGN. (a) Necessity of O'Hare Runway Redesign and Development of South Suburban Airport.-- (1) It is the policy of Congress that redesign and reconstruction of Chicago O'Hare International Airport in Cook and DuPage Counties, Illinois, in accordance with the runway redesign plan, and the development of a south suburban airport in the Chicago metropolitan region, are each required to improve the efficiency of, and relieve congestion in, the national air transportation system. (2)(A) The Administrator of the Federal Aviation Administration shall implement the Federal policy described in paragraph (1) by facilitating approval, funding, construction, and implementation of-- (i) the runway redesign plan upon receipt of an application from Chicago for approval of an airport layout plan that includes the runway redesign plan; and (ii) the south suburban airport upon receipt of an application from the State of Illinois or a political subdivision thereof for approval of an airport layout plan for a south suburban airport. (B) Implementation of the plan described in subparagraph (A) shall be subject to application of Federal laws with respect to environmental protection and environmental analysis including the National Environmental Policy Act and the determination of the Administrator of the Federal Aviation Administration that the plan meets the criteria regarding practicability, safety, and efficiency, and is consistent with Federal Aviation Administration design criteria. (3) The State shall not enact or enforce any law respecting aeronautics that interferes with, or has the effect of interfering with, implementation of Federal policy with respect to the runway redesign plan including sections 38.01, 47, and 48 of the Illinois Aeronautics Act. (4) All environmental reviews, analyses, and opinions related to issuance of permits, licenses, or approvals by operation of Federal law relating to the runway redesign plan or the south suburban airport shall be conducted on an expedited basis. Each Federal agency having jurisdiction shall complete environmental-related reviews on an expedited and coordinated basis. (5) If the Administrator of the Federal Aviation Administration determines that construction or operation of the runway redesign plan would not conform, within the meaning of section 176(c) of the Clean Air Act, to an applicable implementation plan approved or promulgated under section 110 of the Clean Air Act, the Environmental Protection Agency shall forthwith cause or promulgate a revision of such implementation plan sufficient for the runway redesign plan to satisfy the requirements of section 176(c) of the Clean Air Act. (6) In this section: (A) The term ``runway redesign plan'' means-- (i) 6 parallel runways at O'Hare oriented in the east-west direction with the capability, to the extent determined by the Administrator to be practicable, safe, and efficient, for 4 simultaneous independent instrument aircraft arrivals, and all associated taxiways, navigational facilities, passenger handling facilities, and other related facilities; and (ii) the closure of existing runways 14L- 32R, 14R-32L, and 18-36. (B) The term ``south suburban airport'' means an additional air carrier airport in the vicinity of Peotone, Illinois. (C) The term ``Administrator'' means the Administrator of the Federal Aviation Administration or his designee. (b) Phasing of Construction.--Approval by the Administrator of an airport layout plan that includes the runway redesign plan shall provide that any runway located more than 2500 feet south of existing runway 9R-27L shall not begin construction before January 1, 2011. (c) Western Public Roadway Access.--The Administrator shall not consider an airport layout plan submitted by Chicago that includes the runway redesign plan, unless it includes public roadway access through the western boundary of O'Hare to passenger terminal and parking facilities. Approval of western public road access shall be subject to the condition that the cost of construction be paid for from airport revenues. (d) Noise Mitigation.-- (1) Approval by the Administrator of an airport layout plan that includes the runway redesign plan shall require Chicago to offer acoustical treatment of all single-family houses and schools located within the 65 DNL noise contour for each construction phase of the runway redesign plan, subject to Federal Aviation Administration guidelines and specifications of general applicability. The Administrator shall determine that Chicago's plan for acoustical treatment is financially feasible. (2)(A) Approval by the Administrator of an airport layout plan that includes the runway redesign plan shall be subject to the condition that noise impact of aircraft operations at O'Hare in the calendar year immediately following the year in which the first new runway is first used, and in each calendar year thereafter, will be less than the noise impact in calendar year 2000. (B) The Administrator shall make the determination described in subparagraph (A)-- (i) using, to the extent practicable, the procedures specified in part 150 of title 14, Code of Federal Regulations; (ii) using the same method for calendar year 2000 and for each forecast year; and (iii) by determining noise impact solely in terms of the aggregate number of square miles and the aggregate number of single-family houses and schools exposed to 65 or greater decibels using the DNL metric, including only single-family houses and schools in existence on the last day of calendar year 2000. (C) The condition described in paragraph (1) shall be enforceable exclusively by the Administrator, using noise mitigation measures approved or approvable under part 150 of title 14, Code of Federal Regulations. (e) South Suburban Airport Federal Funding.--The Administrator shall give priority consideration to a letter of intent application submitted by the State of Illinois or a political subdivision thereof for the construction of the south suburban airport. The Administrator shall consider the letter not later than 90 days after the Administrator issues final approval of the airport layout plan for the south suburban airport. (f) Federal Construction.-- (1) On July 1, 2004, or as soon practicable thereafter, the Administrator shall construct the runway redesign plan as a Federal project, if-- (A) the Administrator finds, after notice and opportunity for public comment, that a continuous course of construction of the runway redesign plan has not commenced and is not reasonably expected to commence by December 1, 2004; (B) Chicago agrees in writing to construction of the runway redesign plan as a Federal project; (C) Chicago enters into an agreement, acceptable to the Administrator, to protect the interests of the United States Government with respect to the construction, operation, and maintenance of the runway redesign plan; and (D) Chicago provides, without cost to the United States Government, land, easements, rights-of-way, rights of entry, and other interests in land or property necessary to permit construction of the runway redesign plan as a Federal project and to protect the interests of the United States Government in its construction, operation, maintenance, and use. (2) The Administrator may make an agreement with the City of Chicago under which Chicago will provide the work described in paragraph (1), for the benefit of the Administrator. (3) The Administrator is authorized and directed to acquire in the name of the United States all land, easements, rights- of-way, rights of entry, or other interests in land or property necessary for the runway redesign plan under this section, subject to such terms and conditions as the Administrator deems necessary to protect the interests of the United States. (g) Merrill C. Meigs Field.-- (1) Until January 1, 2026, the Administrator shall withhold all airport grant funds respecting Chicago O'Hare International Airport, other than grants involving national security and safety, unless the Administrator is reasonably satisfied that the following conditions have been met: (A) Merrill C. Meigs Field in Chicago either is being operated by Chicago as an airport or has been closed for reasons beyond Chicago's control. (B) Chicago is providing, at its own expense, all off-airport roads and other access, services, equipment, and other personal property that it provided in connection with the operation of Meigs Field on and prior to December 1, 2001. (C) Chicago is operating Meigs Field, at its own expense, at all times as a public airport in good condition and repair open to all users capable of utilizing the airport, and is maintaining the airport for such public operations at least from 6:00 a.m. to 10:00 p.m. 7 days a week whenever weather conditions permit. (D) Chicago is providing or causing its agents or independent contractors to provide all services (including police and fire protection services) provided or offered at Meigs Field on or immediately prior to December 1, 2001, including tie-down, terminal, refueling, and repair services, at rates that reflect actual costs of providing such goods and services. (2) After January 1, 2006, the Administrator shall not withhold grant funds under this Act to the extent the Administrator determines that withholding of grant funds would create an unreasonable burden on interstate commerce. If Meigs Field is closed for reasons beyond Chicago's control, the conditions described in subparagraphs (B) through (D) shall not apply. (3) The Administrator shall not enforce the conditions listed in paragraph (1) if the State of Illinois enacts a law on or after January 1, 2006, authorizing the closure of Meigs Field. (4) Net operating losses resulting from operation of Meigs Field, to the extent consistent with law, are to be paid by the 2 air carriers at O'Hare International Airport that paid the highest amount of airport fees and charges at O'Hare International Airport for the preceding calendar year. Notwithstanding any other provision of law, the City of Chicago may use airport revenues generated at O'Hare International Airport to fund the operation of Meigs Field. (h) Judicial Review.--An order issued by the Administrator of the Federal Aviation Administration, in whole or in part, under this section shall be deemed to be an order issued under subtitle VII of part A of title 49, United States Code, and shall be reviewed in accordance with the procedures in section 46110 of title 49, United States Code.

National Aviation Capacity Expansion Act - Directs the Administrator of the Federal Aviation Administration to implement the redesign and reconstruction of Chicago O'Hare International Airport in Cook and DuPage Counties, Illinois, in accordance with a specified runway redesign plan, and the development of a south suburban airport in the Chicago metropolitan region, by facilitating approval, funding, construction, and implementation of such plan and suburban airport.Requires all environmental reviews, analyses, and opinions related to issuance of permits, licenses, or approvals relating to such plan or airport to be conducted on an expedited and coordinated basis.States that approval by the Administrator of an airport layout plan submitted by Chicago that includes the runway redesign plan shall: (1) provide that any runway located more than 2500 feet south of existing runway 9R-27L shall not begin construction before January 2011; and (2) be subject to the condition that noise impact of aircraft operations at O'Hare after the year in which the first new runway is first used will be less than that in 2000. Prohibits the consideration of such a plan unless it includes public roadway access through the western boundary of O'Hare to passenger terminal and parking facilities.Directs the Administrator to give priority consideration to a letter of intent application submitted by the State of Illinois (or a political subdivision thereof) for construction of the suburban airport.Sets forth requirements regarding the construction of the runway redesign plan as a Federal project on or after July 1, 2004.Requires the withholding of all airport grant funds for O'Hare (other than grants involving national security and safety) until January 1, 2026, unless specified conditions with respect to operations at Merrill C. Meigs Field have been met.

A bill to expand aviation capacity in the Chicago area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Mexican-American Removal during 1929-1941 Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) From 1929 through 1941, Federal, State, and local Government authorities and certain private sector entities throughout the United States undertook an aggressive program to forcibly remove individuals of Mexican ancestry from the United States. (2) As many as two million individuals of Mexican ancestry were forcibly removed to Mexico, as many as 1.2 million of whom were United States citizens. (3) These men, women, and children were removed outside the United States in response to public pressure to curtail the employment of Mexican-Americans, most of whom were United States citizens or residing legally in the United States, during the Depression. (4) Massive raids were conducted on Mexican-American communities, and many of the people who were removed were never able to return to the United States, their country of birth. (5) These raids targeted individuals of Mexican ancestry, with Federal, State, and local Government authorities and certain private sector entities characterizing these individuals as ``illegal aliens'' even when such individuals were United States citizens or permanent legal residents. (6) These raids also separated such United States citizens and permanent legal residents from their families and deprived them of their livelihoods and constitutional rights. (7) No official inquiry into this matter has been made. (b) Purpose.--It is the purpose of this Act to establish a fact finding commission to determine whether United States citizens and permanent legal residents were forcibly removed to Mexico from 1929 to 1941 in violation of law as a result of past directives of Federal, State and local governments and the impact of such removal on those individuals, their families, and the Mexican-American community in the United States, and to recommend appropriate remedies. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the ``Commission on Mexican-American Removal during 1929-1941''. SEC. 4. DUTIES OF THE COMMISSION. The Commission shall-- (1) review the facts and circumstances surrounding the removal of certain United States citizens and permanent legal residents to Mexico, and the impact of such actions on these individuals, their families, and the Mexican-American community in the United States; (2) review past directives of Federal, State, and local governments that required the removal of these individuals to Mexico and any other information related to these directives; and (3) submit to Congress a written report of its findings and recommendations. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of seven members, who shall be appointed within 90 days after the date of the enactment of this Act as follows: (1) Three members appointed by the President. (2) Two members appointed by the Speaker of the House of Representatives, in consultation with the minority leader of the House of Representatives. (3) Two members appointed by the President pro tempore of the Senate, in consultation with the minority leader of the Senate. (b) Qualifications.--Members appointed under subsection (a) shall possess knowledge or expertise related to human rights, civil rights, immigration, labor, business, or other pertinent qualifications. (c) Term of Office.--Each member shall be appointed for the life of the Commission. (d) Quorum.--Four members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (e) Initial Meeting.--The initial meeting of the Commission shall be called by the President within one hundred and twenty days after the date of the enactment of this Act, or within thirty days after the date on which legislation is enacted making appropriations to carry out this Act, whichever is later. (f) Chairperson and Vice Chairperson.--The Commission shall elect a chairperson and vice chairperson from among its members. The term of office of each shall be for the life of the Commission. (g) Vacancies.--A vacancy in the Commission shall not affect its powers and shall be filled in the same manner in which the original appointment was made. (h) Basic Pay.-- (1) Rate of pay.--Each member of the Commission who is not otherwise employed by the United States shall receive compensation at a rate equal to the daily rate prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day, including travel time, such member is engaged in the actual performance of the duties of the Commission. (2) Prohibition of compensation of federal employees.--A member of the Commission who is a full-time officer or employee of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (3) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. SEC. 6. POWERS. (a) Hearings.-- (1) In general.--The Commission or on the authorization of the Commission, any subcommittee or member thereof, may for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission or any subcommittee or member considers appropriate. (2) Location.--The Commission may hold public hearings in any city of the United States that it finds appropriate. (b) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission which the Commission is empowered to investigate by this Act. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where such person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoena.--A subpoena of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States, or from any State or local government, information necessary to enable it to carry out this Act. Upon request of any member, the head of such department or agency shall furnish such information to the Commission. (d) Contract Authority.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with and compensate government and private agencies or persons for any services, supplies, or other activities necessary to enable the Commission to carry out its duties under this Act. SEC. 7. STAFF. (a) In General.--The Commission may appoint and fix the pay of such additional staff as it considers appropriate. (b) Applicability of Certain Civil Service Laws.--Any staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (d) Administrative Support Services.--Upon request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties under this Act. SEC. 8. REPORT. The Commission shall submit to Congress a written report not later than the date which is one year after the date of the initial meeting called pursuant to section 5(d) of this Act. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for legislative actions that the Commission considers appropriate. SEC. 9. TERMINATION. The Commission shall terminate 30 days after submitting the report under section 8. SEC. 10. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Commission on Mexican-American Removal during 1929-1941. (2) Member.--The term ``member'' means a member of the Commission. (3) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States.

Commission on Mexican-American Removal during 1929-1941 Act - Establishes the Commission on Mexican-American Removal during 1929-1941, which shall: (1) review the facts and circumstances surrounding the removal of certain U.S. citizens and permanent legal residents to Mexico, and such actions' impact on individuals, families, and the Mexican-American community in the United States; (2) review federal, state, and local removal directives; and (3) report to Congress.

To establish a commission to study the removal of Mexican-Americans to Mexico during 1929-1941, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS; AND PURPOSES. (a) Short Title.--This Act may be cited as the ``Measures to Encourage Results in Teaching Act of 1998''. (b) Findings.--Congress makes the following findings: (1) All students deserve to be taught by well-educated, competent, and qualified teachers. (2) More than ever before, education has and will continue to become the ticket not only to economic success but to basic survival. Students will not succeed in meeting the demands of a knowledge-based, 21st century society and economy if the students do not encounter more challenging work in school. For future generations to have the opportunities to achieve success the future generations will need to have an education and a teacher workforce second to none. (3) No other intervention can make the difference that a knowledgeable, skillful teacher can make in the learning process. At the same time, nothing can fully compensate for weak teaching that, despite good intentions, can result from a teacher's lack of opportunity to acquire the knowledge and skill needed to help students master the curriculum. (4) The Federal Government established the Dwight D. Eisenhower Professional Development Program in 1985 to ensure that teachers and other educational staff have access to sustained and high-quality professional development. This ongoing development must include the ability to demonstrate and judge the performance of teachers and other instructional staff. (5) States should evaluate their teachers on the basis of demonstrated ability, including tests of subject matter knowledge, teaching knowledge, and teaching skill. States should develop a test for their teachers and other instructional staff with respect to the subjects taught by the teachers and staff, and should administer the test every 3 to 5 years. (6) Evaluating and rewarding teachers with a compensation system that supports teachers who become increasingly expert in a subject area, are proficient in meeting the needs of students and schools, and demonstrate high levels of performance measured against professional teaching standards, will encourage teachers to continue to learn needed skills and broaden teachers' expertise, thereby enhancing education for all students. (c) Purposes.--The purposes of this Act are as follows: (1) To provide incentives for States to establish and administer periodic teacher testing and merit pay programs for elementary school and secondary school teachers. (2) To encourage States to establish merit pay programs that have a significant impact on teacher salary scales. (3) To encourage programs that recognize and reward the best teachers, and encourage those teachers that need to do better. SEC. 2. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY. (a) Amendments.--Title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended-- (1) by redesignating part D as part E; (2) by redesignating sections 2401 and 2402 as sections 2501 and 2502, respectively; and (3) by inserting after part C the following: ``PART D--STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY ``SEC. 2401. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY. ``(a) State Awards.--Notwithstanding any other provision of this title, from funds described in subsection (b) that are made available for a fiscal year, the Secretary shall make an award to each State that-- ``(1) administers a test to each elementary school and secondary school teacher in the State, with respect to the subjects taught by the teacher, every 3 to 5 years; and ``(2) has an elementary school and secondary school teacher compensation system that is based on merit. ``(b) Available Funding.--The amount of funds referred to in subsection (a) that are available to carry out this section for a fiscal year is 50 percent of the amount of funds appropriated to carry out this title that are in excess of the amount so appropriated for fiscal year 1999, except that no funds shall be available to carry out this section for any fiscal year for which-- ``(1) the amount appropriated to carry out this title exceeds $600,000,000; or ``(2) each of the several States is eligible to receive an award under this section. ``(c) Award Amount.--A State shall receive an award under this section in an amount that bears the same relation to the total amount available for awards under this section for a fiscal year as the number of States that are eligible to receive such an award for the fiscal year bears to the total number of all States so eligible for the fiscal year. ``(d) Use of Funds.--Funds provided under this section may be used by States to carry out the activities described in section 2207. ``(e) Definition of State.--For the purpose of this section, the term `State' means each of the 50 States and the District of Columbia.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 1999. SEC. 3. TEACHER TESTING AND MERIT PAY. (a) In General.--Notwithstanding any other provision of law, a State may use Federal education funds-- (1) to carry out a test of each elementary school or secondary school teacher in the State with respect to the subjects taught by the teacher; or (2) to establish a merit pay program for the teachers. (b) Definitions.--In this section, the terms ``elementary school'' and ``secondary school'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).

Measures to Encourage Results in Teaching Act of 1998 - Amends title II (Dwight D. Eisenhower Professional Development Program) of the Elementary and Secondary Education Act of 1965 to establish a new part D (State Incentives for Teacher Testing and Merit Pay). Directs the Secretary of Education to make an award to each State that: (1) administers a test to each elementary school and secondary school teacher in the State, with respect to the subjects taught by the teacher, every three to five years; and (2) has an elementary school and secondary school teacher compensation system based on merit. Allows States to use Federal education funds for teacher testing and merit pay programs.

Measures to Encourage Results in Teaching Act of 1998

SECTION 1. CORE FUEL CELL TECHNOLOGY RESEARCH AND DEVELOPMENT FOR TRANSPORTATION AND STATIONARY POWER GENERATION. (a) In General.--The Secretary shall establish a research, development, demonstration, and commercial application program for fuel cell technologies for transportation and stationary applications with the following goals: (1) Reducing the production cost of hydrogen or gasoline fueled vehicle fuel cell power systems (including hydrogen storage costs) to $45 per kilowatt in 2010 at production levels of 500,000 units per year. (2) Increasing the electrical efficiency of natural gas or propane fueled stationary fuel cell systems to 40 percent in 2010. (3) Validating solutions to the performance and vehicle interface issues of hydrogen fuel cell vehicles to demonstrate an increase in durability in a vehicle fleet of such fuel cells to 2000 hours by 2008. (b) Elements of Program.--The program authorized under this section shall include elements that focus on achieving low cost, high- efficiency, fuel flexible, modular fuel cell power systems, improved manufacturing production and processes, high-temperature membranes, cost effective fuel processing for natural gas, fuel cell stack and system reliability and durability, and freeze/cold start capability. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for carrying out this section-- (1) $78,000,000 for fiscal year 2004; (2) $80,000,000 for fiscal year 2005; (3) $100,000,000 for fiscal year 2006; (4) $110,000,000 for fiscal year 2007; and (5) $122,000,000 for fiscal year 2008. SEC. 2. HYDROGEN TECHNOLOGY. (a) In General.--The Secretary shall establish a research, development, demonstration, and commercial application program for hydrogen technologies with the following goals: (1) Developing and demonstrating distributed hydrogen generation technology that will reduce the cost (before taxes) of producing hydrogen from natural gas, when produced in large quantities, to $1.50 per gallon of gasoline equivalent at fueling stations in 2010. (2) Developing and demonstrating hydrogen production from renewable energy resources at a cost of $2.60 per kilogram in 2008, using biomass-based production. (3) Developing and validating a hydrogen storage technology with-- (A) specific energy of 2.0 kilowatt hours per kilogram (6 weight percent capacity), and energy density of 1.5 kilowatt hours per liter by 2010; and (B) specific energy of 3.0 kilowatt hours per kilogram (9 weight percent capacity), and energy density of 2.7 kilowatt hours per liter by 2015. (4) Validating a projected cost of $3.00 per gallon gasoline equivalent at fueling stations, using infrastructure and vehicle interface technologies, by 2008. (b) Activities.--In carrying out this section, the Secretary shall-- (1) draft technical specifications for an international agreement on a global technology regulation for hydrogen fuel cell vehicles and infrastructure; (2) educate key target audiences, including students and teachers, local and State government representatives, and large scale end users, on the concept of a hydrogen economy and how it may affect them; (3) initiate tests of prototype hydrogen-from-gas production technologies and award projects for hydrogen production and capture of associated carbon dioxide; (4) initiate a hydrogen-from-coal initiative and identify appropriate institutions to establish the feasibility of emerging alternate coal-based hydrogen technologies, investigate advanced separation technologies, and utilize a combination of experimental and advanced computational methods to determine optimal reaction chemistries for producing hydrogen-from-coal-derived fuels; and (5) initiate a nuclear hydrogen initiative to develop and demonstrate the feasibility of nuclear energy for the large- scale, emission-free production of hydrogen. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for carrying out this section-- (1) $104,000,000 for fiscal year 2004; (2) $120,000,000 for fiscal year 2005; (3) $140,000,000 for fiscal year 2006; (4) $160,000,000 for fiscal year 2007; and (5) $186,000,000 for fiscal year 2008. SEC. 3. MERIT REVIEW OF PROPOSALS. Awards of funds authorized under this Act shall be made only after an impartial review of the scientific and technical merit of the proposals for such awards has been carried out by or for the Department of Energy. SEC. 4. DEFINITION. For purposes of this Act, the term ``Secretary'' means the Secretary of Energy.

Directs the Secretary of Transportation to establish a research, development, demonstration, and commercial application program for fuel cell and hydrogen production, delivery, and storage technologies for transportation and stationary applications that meet specified goals.

To provide for the establishment of research, development, demonstration, and commercial application programs for fuel cell and hydrogen production, delivery, and storage technologies for transportation and stationary applications.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Torture Victims Relief Reauthorization Act of 1999''. SEC. 2. FOREIGN TREATMENT CENTERS FOR VICTIMS OF TORTURE. (a) Authorization of Appropriations.--Of the amounts authorized to be appropriated for fiscal years 2001, 2002, and 2003 pursuant to chapter 1 of part I of the Foreign Assistance Act of 1961, there are authorized to be appropriated to the President $10,000,000 for fiscal year 2001, $10,000,000 for fiscal year 2002, and $10,000,000 for fiscal year 2003 to carry out section 130 of the Foreign Assistance Act of 1961. (b) Availability of Funds.--Amounts appropriated pursuant to this section shall remain available until expended. SEC. 3. DOMESTIC TREATMENT CENTERS FOR VICTIMS OF TORTURE. (a) Authorization of Appropriations.--Of the amounts authorized to be appropriated for the Department of Health and Human Services for fiscal years 2001, 2002, and 2003, there are authorized to be appropriated to carry out subsection (a) of section 5 of the Torture Victims Relief Act of 1998 (22 U.S.C. 2152) $10,000,000 for fiscal year 2001, $10,000,000 for fiscal year 2002, and $10,000,000 for fiscal year 2003. (b) Availability of Funds.--Amounts appropriated pursuant to this section shall remain available until expended. SEC. 4. MULTILATERAL ASSISTANCE. (a) Funding.--Of the amounts authorized to be appropriated for fiscal years 2001, 2002, and 2003 for ``Voluntary Contributions to International Organizations'' pursuant to chapter 3 of part I of the Foreign Assistance Act of 1961, there are authorized to be appropriated for a United States contribution to the United Nations Voluntary Fund for Victims of Torture (in this section referred to as the ``Fund'') the following amounts for the following fiscal years: (1) Fiscal year 2001.--For fiscal year 2001, $5,000,000. (2) Fiscal year 2002.--For fiscal year 2002, $5,000,000. (3) Fiscal year 2003.--For fiscal year 2003, $5,000,000. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended. (c) Sense of the Congress.--It is the sense of the Congress that the President, acting through the United States Permanent Representative to the United Nations, should-- (1) request the Fund-- (A) to find new ways to support and protect treatment centers and programs that are carrying out rehabilitative services for victims of torture; and (B) to encourage the development of new such centers and programs; (2) use the voice and vote of the United States to support the work of the Special Rapporteur on Torture and the Committee Against Torture established under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and (3) use the voice and vote of the United States to establish a country rapporteur or similar procedural mechanism to investigate human rights violations in a country if either the Special Rapporteur or the Committee Against Torture indicates that a systematic practice of torture is prevalent in that country. SEC. 5. REPORTING REQUIREMENT. Not later than 90 days after the enactment of this Act, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives on the specialized training for foreign service officers required by section 7 of the Torture Victims Relief Act of 1998 (Public Law 105-320). The report shall include detailed information regarding-- (1) efforts by the Department of State to implement the specialized training requirement; (2) the curriculum that is being used in the specialized training; (3) the number of foreign service officers who have received the specialized training as of the date of the report; and (4) the nongovernmental organizations that have been involved in the development of the specialized training curriculum or in providing the specialized training, and the nature and extent of that involvement. SEC. 6. TECHNICAL AMENDMENTS RELATING TO THE SECOND SECTION 129 OF THE FOREIGN ASSISTANCE ACT OF 1961. (a) Amendment to Foreign Assistance Act of 1961.--The second section 129 of the Foreign Assistance Act of 1961, as added by section 4(a) of the Torture Victims Relief Act of 1998 (Public Law 105-320), is redesignated as section 130. (b) Amendment to Torture Victims Relief Act of 1998.--Section 4(b)(1) of the Torture Victims Relief Act of 1998 is amended by striking ``section 129 of the Foreign Assistance Act of 1961, as added by subsection (a)'' and inserting ``section 130 of the Foreign Assistance Act of 1961 (as redesignated by section 6(a) of the Torture Victims Relief Reauthorization Act of 1999)''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Torture Victims Relief Reauthorization Act of 1999 - Authorizes appropriations for FY 2001 through 2003 to: (1) the President to provide assistance in the form of grants to treatment centers and programs in foreign countries that are carrying out projects or activities specifically designed to treat victims of torture for the physical and psychological effects of such torture; (2) the Secretary of Health and Human Services to provide grants to programs in the United States to cover the costs of services provided by domestic treatment centers in the rehabilitation of victims of torture (including treatment of the physical and psychological effects of torture); and (3) the President for the U.S. contribution to the United Nations Voluntary Fund for Victims of Torture. Expresses the sense of Congress that the President, through the U.S. Permanent Representative to the United Nations, should: (1) request the Fund to find new ways to support, and to encourage the development of new, treatment centers and programs that are carrying out rehabilitative services for victims of torture; (2) use the vote of the United States to support the work of the Special Rapporteur on Torture and the Committee Against Torture established under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and (3) use the U.S. vote to establish a country rapporteur or similar mechanism to investigate human rights violations in a country if either the Special Rapporteur or the Committee Against Torture indicates that a systematic practice of torture is prevalent there. Directs the Secretary of State to report to specified congressional committees on certain required specialized training with regard to victims of torture for Foreign Service officers. Makes technical amendments to the Foreign Assistance Act of 1961 and the Torture Victims Relief Act of 1998.

Torture Victims Relief Reauthorization Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Back to School Act of 2010''. SEC. 2. BACK TO SCHOOL CREDIT. (a) In General.--Section 25A of such Code is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i) the following new subsection: ``(j) Back to School Credit.-- ``(1) Amount of credit.--In lieu of the credit allowed under subsection (a), on the election of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(A) so much of the qualified tuition and related expenses paid by the taxpayer during the taxable year (for education furnished during any academic period beginning in such taxable year) as does not exceed $2,000, plus ``(B) 25 percent of such expenses so paid as exceeds $2,000 but does not exceed $4,000. ``(2) Limitation based on modified adjusted gross income.-- ``(A) In general.--The amount which would (but for this paragraph) be taken into account under paragraph (1) for the taxable year shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) the applicable amount under subparagraph (D), bears to ``(ii) $10,000 ($20,000 in the case of a joint return). ``(C) Modified adjusted gross income.--For purposes of this paragraph, the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(D) Applicable amount.--The applicable amount under this subparagraph is-- ``(i) in the case of a joint return, 200 percent of the dollar amount in effect under clause (ii) for the taxable year, and ``(ii) in any other case, $60,000. ``(3) Definitions.--For purposes of this subsection-- ``(A) Eligible individual.--The term `eligible individual' means any individual-- ``(i) who has attained the age of 55, and ``(ii) with respect to whom qualified tuition and related expenses have not been paid during the 5-taxable year period ending with the taxable year immediately preceding the first taxable year for which such individual elects the application of this subsection. ``(B) Qualified tuition and related expenses.-- Notwithstanding subsection (f), the term `qualified tuition and related expense' means any expense of a type which is taken into account in determining the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the date of the enactment of this section) of a student who is-- ``(i) the taxpayer, or ``(ii) the taxpayer's spouse. ``(4) Inflation adjustment.-- ``(A) Credit limitation.-- ``(i) In general.--In the case of a taxable year beginning after 2011, each of the $2,000 amounts and the $4,000 amount under paragraph (1) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100. ``(B) Income limits.-- ``(i) In general.--In the case of a taxable year beginning after 2011, the $80,000 amount in paragraph (2)(D)(ii) shall each be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $1,000, such amount shall be rounded to the next lowest multiple of $1,000. ``(5) Denial of credit if student convicted of a felony drug offense.--A rule similar to the rule of subsection (b)(2)(D) shall apply for purposes of this subsection.''. (b) Adjustment for Certain Scholarships, etc.--Paragraph (2) of section 25A(g) of such Code is amended-- (1) by inserting ``or (j)'' after ``subsection (a)'', and (2) by inserting ``, and paragraphs (1) and (2) of subsection (j)'' after ``and (d)''. (c) Treatment of Expenses Paid by Dependent.--Subparagraph (A) of section 25A(g)(3) of such Code is amended by inserting ``or (j)'' after ``subsection (a)''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010.

Back to School Act of 2010 - Amends the Internal Revenue Code to allow individual taxpayers who are age 55 or older an income-based tax credit for up to $2,000 of qualified tuition and related expenses, plus 25% of such expenses between $2,000 and $4,000. Adjusts the amount of such credit for inflation beginning after 2011.

To amend the Internal Revenue Code of 1986 to allow an increased credit against tax for tuition and related expenses of certain individuals age 55 and older.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety and Self-Sufficiency Act of 2002''. SEC. 2. ADDRESSING DOMESTIC AND SEXUAL VIOLENCE IN TANF PROGRAM. Section 402(a)(7) of the Social Security Act (42 U.S.C. 602(a)(7)) is amended to read as follows: ``(7) Certifications regarding domestic and sexual violence.-- ``(A) General provisions.--A certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to ensure that domestic and sexual violence is comprehensively addressed, and a written document outlining how the State will do the following: ``(i) Address needs of recipients.--Address the needs of a recipient of assistance under the State program funded under this part who is or has been subjected to domestic or sexual violence, including how the State will-- ``(I) have trained caseworkers screen, and, at the option of such a recipient, assess and identify individuals who are or have been subjected to domestic or sexual violence; ``(II) provide each such recipient with adequate notice of eligibility and program requirements, confidentiality provisions, assessment and program services, and modifications and waivers available to such a recipient as well as the process to access such services, modifications, or waivers; ``(III) refer such recipients for appropriate counseling and other supportive services, modify or waive eligibility or program requirements or prohibitions to address domestic violence and sexual assault barriers, and ensure the access of such recipients to job training, vocational rehabilitation, and other employment- related services as appropriate; ``(IV) restrict the disclosure of any identifying information obtained through any process or procedure implemented pursuant to this paragraph absent the recipient's written consent or unless otherwise required to do so under law; and ``(V) pursuant to a determination of good cause, waive, without time limit, any State or Federal eligibility or program requirement or prohibition for so long as necessary, in every case in which an individual or family receiving such assistance has been identified as having been subjected to domestic or sexual violence, and the requirement makes it more difficult for the individual to address, escape or recover from the violence, unfairly penalizes the individual, or makes the individual or any child of the individual unsafe. ``(ii) Coordination.--Coordinate or contract with State or tribal domestic violence coalitions, sexual assault coalitions, or domestic or sexual violence programs in the development and implementation of standards, procedures, training, and programs required under this part to address domestic and sexual violence. ``(iii) Caseworker training.--Train caseworkers in-- ``(I) the nature and dynamics of domestic or sexual violence and the ways in which they may act to obstruct the economic security or safety of such a recipient or any child of such a recipient; ``(II) the standards, policies and procedures implemented pursuant to this part, including the recipient's rights and protections, such as notice and confidentiality; ``(III) how to screen for and identify when domestic or sexual violence creates barriers to compliance, and how to make effective referrals for services and modify eligibility and program requirements and prohibitions to address domestic and sexual violence barriers; and ``(IV) the process for determining good cause for noncompliance with an eligibility or program requirement or prohibition and granting waivers of the requirements. ``(iv) Use of qualified professionals.--At State option, enter into contracts with or employ qualified domestic violence and sexual violence professionals for the provision of services in each of the fields of domestic or sexual violence. ``(B) Definitions.--In this part: ``(i) Domestic or sexual violence.--The term `domestic or sexual violence' has the same meaning as the term `battered or subject to extreme cruelty' as defined in section 408(a)(7)(C)(iii). ``(ii) Qualified professional defined.--The term qualified professional' includes a State or local victim services organization with recognized expertise in the dynamics of domestic or sexual violence who has as 1 of its primary purposes to provide services to victims of domestic or sexual violence, such as a sexual assault crisis center or domestic violence program, or an individual trained by such an organization.''. SEC. 3. ASSESSMENT. Section 408(b) of the Social Security Act (42 U.S.C. 608(b)) is amended-- (1) in paragraph (1), by striking ``and employability'' and inserting ``employability, and potential barriers, including domestic or sexual violence, mental or physical health, learning disability, substance abuse, English as a second language, or insufficient housing, transportation or child care,''; and (2) in paragraph (2)(A)-- (A) by striking ``and'' at the end of clause (iv); (B) by striking the period at the end of clause (v) and inserting a semicolon; and (C) by adding at the end the following: ``(vi) documents the individual's receipt of adequate notice of program requirements, confidentiality provisions, assessment and program services, and waivers available to individuals who have or may have been subjected to domestic or sexual violence, as well as the process to access such services or waivers; and ``(vii) may not require the individual to participate in services to address domestic or sexual violence.''. SEC. 4. REVIEW AND CONCILIATION PROCESS. Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(12) Review and conciliation process.-- ``(A) In general.--A State to which a grant is made under section 403 shall not impose a sanction or penalty against an individual under the State program funded under this part on the basis of noncompliance by an individual or family with a program requirement, if domestic or sexual violence is a significant contributing factor in the noncompliance. ``(B) Considerations.--Before so imposing a sanction or penalty against an individual, the State shall specifically consider whether the individual has been or is being subjected to domestic or sexual violence, and if such violence is identified, make a reasonable effort to modify or waive program requirements or prohibitions, and offer the individual referral to voluntary services to address the violence.''. SEC. 5. STATE OPTION TO INCLUDE SURVIVORS IN WORK PARTICIPATION RATES. Section 407(b)(2) of the Social Security Act (42 U.S.C. 607(b)(2)) is amended by adding at the end the following: ``(6) State option to include survivors in work participation rates.--A State may consider an individual who, in a month, is receiving services or a waiver described in section 402(a)(7) as being engaged in work for the month for purposes of subsection (b)(1)(B)(i).''. SEC. 6. EXCLUSION OF SURVIVORS OF DOMESTIC OR SEXUAL VIOLENCE FROM 20 PERCENT LIMITATION ON HARDSHIP EXCEPTION. Section 408(a)(7)(C) of the Social Security Act (42 U.S.C. 608(a)(7)(C)) is amended-- (1) by striking clause (i) and inserting the following: ``(i) In general.--The State may exempt a family from the application of subparagraph (A)-- ``(I) by reason of hardship; or ``(II) if the family includes an individual who has been subjected to domestic or sexual violence.''; (2) in clause (ii), by striking ``clause (i)'' and inserting ``clause (i)(I)''; and (3) in clause (iii), by striking ``clause (i)'' and inserting ``clause (i)(II)''. SEC. 7. TECHNICAL ASSISTANCE. Section 413 of the Social Security Act (42 U.S.C. 613) is amended by adding at the end the following: ``(j) Technical Assistance.-- ``(1) Grants to victims services organizations.--The Secretary shall make a grant to one or more national victims services organizations for the purpose of identifying and providing technical assistance with respect to model standards and procedures, practices and training designed to comprehensively address domestic and sexual violence, including for individuals with multiple barriers to employment or compliance with program requirements, and move individuals subjected to domestic or sexual violence into employment without compromising the safety of any individual. ``(2) Grants to states.--The Secretary shall make grants to States and localities to contract with a State or tribal domestic violence coalition or sexual assault coalition or joint domestic and sexual violence coalition to-- ``(A) provide training to caseworkers and technical assistance regarding screening, assessing, and providing services to address domestic or sexual violence, modifying or waiving eligibility or program requirements or prohibitions, and assisting individuals subjected to domestic or sexual violence to secure and retain employment; and ``(B) develop and implement demonstration projects to promote best practices in serving individuals who have been subjected to domestic or sexual violence, with priority given to programs that contract with qualified professionals. ``(3) Limitations on authorization of appropriations.-- ``(A) For grants under paragraph (1), there are authorized to be appropriated to the Secretary not more than $1,000,000 for fiscal year 2003. ``(B) For grants under paragraph (2), there are authorized to be appropriated to the Secretary not more than $10,000,000 for each of fiscal years 2003 through 2007.''. SEC. 8. PENALTIES FOR NONCOMPLIANCE. Section 409(a) of the Social Security Act (42 U.S.C. 609(a)) is amended by adding at the end the following: ``(15) Penalty for failure to comply with requirements relating to domestic or sexual violence.--If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has failed to comply with subsection (a)(12) or (b) (to the extent relating to domestic or sexual violence) of section 408 during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant for such succeeding fiscal year.''.

Safety and Self-Sufficiency Act of 2002 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to change from discretionary to mandatory certification by its chief executive officer that a State has established and is enforcing standards and procedures addressing domestic and sexual violence. Revises current requirements for such standards and procedures, adding new ones for caseworker training and optional use of qualified professionals.Requires the initial assessment for individual responsibility plans to cover potential barriers to employment, including domestic or sexual violence, mental or physical health, learning disability, substance abuse, English as a second language, or insufficient housing, transportation or child care.Requires a State, before imposing a noncompliance sanction or penalty against an individual, to: (1) consider specifically whether the individual has been subjected to domestic or sexual violence; and (2) if such violence is identified, make a reasonable effort to modify or waive program requirements or prohibitions, and offer the individual referral to voluntary services. Prohibits imposition of sanctions or penalties if domestic or sexual violence is a significant contributing factor to the individual's noncompliance.Allows a State to: (1) count survivors of domestic or sexual violence as being engaged in work for work participation rates; and (2) exclude such survivors from the 20 percent limitation on the hardship exception to normal termination of TANF after five years.Sets a penalty for State noncompliance with the requirements of this Act at five percent of the State family assistance grant.

To ensure that all States address domestic and sexual violence in their temporary assistance to needy families program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Former Bennett Freeze Area Development Act''. SEC. 2. DEFINITIONS. In this Act: (1) ONHIR.--The term ``ONHIR'' means the Office of Navajo and Hopi Indian Relocation. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Trust fund.--The term ``Trust Fund'' means the Former Bennett Freeze Area Rehabilitation Trust Fund established under this Act. SEC. 3. ONHIR TRANSITION. (a) Request by Tribe; Authorized Programs.--Upon the request of the Navajo Nation or the Hopi Tribe by tribal resolution, the Commissioner of the Office of Navajo and Hopi Indian Relocation shall enter into a self-determination contract or contracts with the requesting Indian tribe to plan, conduct, and administer programs, functions, services, or activities (or portion thereof), including construction programs administered by the Commissioner that pertain directly to the requesting Indian tribe. Programs, functions, services, or activities contracted under this subsection shall include administrative functions of the Office of Navajo and Hopi Indian Relocation that support the delivery of services to Indians, including those administrative activities supportive of, but not included as part of, the service delivery programs described in this subsection that are otherwise contractable. Such administrative functions shall be contractable without regard to the organizational level within the Office of Navajo and Hopi Indian Relocation that carries out such functions. (b) Regulations.--The Commissioner shall issue regulations implementing subsection (a) that, to the maximum extent feasible-- (1) parallel the requirements of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450f); and (2) reflect the independent agency status of the Office of Navajo and Hopi Indian Relocation. SEC. 4. FORMER BENNETT FREEZE AREA REHABILITATION TRUST FUND. (a) Establishment.--There is hereby established in the Treasury of the United States a trust fund to be known as the Former Bennett Freeze Area Rehabilitation Trust Fund, which shall consist of the funds appropriated pursuant to subsection (f) of this section and any interest or investment income accrued on such funds. (b) Secretary as Trustee; Investment of Funds.--The Secretary shall be the trustee of the Former Bennett Freeze Area Rehabilitation Trust Fund and shall be responsible for investment of the funds in such Trust Fund. Notwithstanding the foregoing, upon receipt and approval of a plan for the use of those funds consistent with subsection (c), the Secretary shall transfer these funds to the Navajo-Hopi Land Commission Office of the Navajo Nation, or its designee, as trustee. (c) Availability of Funds; Purposes.--Funds in the Former Bennett Freeze Area Rehabilitation Trust Fund, including any interest or investment accruing thereon, shall be available to the Navajo Nation solely for purposes which will contribute to the continuing rehabilitation and improvement of the economic, housing, infrastructure, health, educational, and social condition of families, and Navajo communities, that have been affected by the former Bennett Freeze. (d) Deposits to Trust Fund.--The Trust Fund shall consist of-- (1) a set-aside each fiscal year of 0.75 percent of any amounts appropriated for the Operation of Indian Programs budget of the Bureau of Indian Affairs; (2) a set-aside each fiscal year of 5.0 percent of any amounts appropriated for the Indian Housing Block Grant Program under title I of the Native American Housing and Self- Determination Act of 1996; (3) a set-aside each fiscal year of 0.75 percent of any amounts appropriated for the Rural Development Program (title III); and (4) any amounts appropriated, transferred, or credited to the Trust Fund under any provision of law. (e) Termination of Trust Fund.--The Rehabilitation Trust Fund shall terminate when, upon petition by the Navajo Nation, the Secretary determines that the goals of the Trust Fund have been met. All funds in the Trust Fund on such date shall be transferred to the Treasury. (f) Authorization of Appropriations; Reimbursement of General Fund.--There is hereby authorized to be appropriated for the Former Bennett Freeze Area Rehabilitation Trust Fund such sums as may be necessary for each of fiscal years 2011 through 2025. SEC. 5. MISCELLANEOUS. (a) Expansion of ONHIR Authority.--Section 12 of Public Law 93-531 (25 U.S.C. 640d-11(d)) is amended by adding at the end the following: ``(4) The Commissioner is authorized to carry out a rehabilitation program to redress the effects of Federal development restrictions (commonly referred to as the `Bennett Freeze') in the western portion of the Navajo Reservation. This program shall be limited to housing construction and renovation, infrastructure improvements, and economic development initiatives. ``(5) There are authorized to be appropriated such sums as may be necessary to carry out the program described in paragraph 4.''. (b) Navajo Rehabilitation Trust Fund.--Section 32 of Public Law 93- 531 (25 U.S.C. 640d-30) is amended-- (1) in the first sentence of subsection (f), by striking ``and the United States has been reimbursed for funds appropriated under subsection (f) of this section''; (2) in the first sentence of subsection (g), by striking ``1990, 1991, 1992, 1993, and 1994'' and all that follows through the final period and inserting ``2011, 2012, 2013, 2014, and 2015.''; and (3) in subsection (g), by striking the second sentence. (c) Relocation of Households and Members.--Section 1 of Public Law 93-531 (25 U.S.C. 640d) is amended by adding at the end the following new subsection: ``(f) The Navajo Nation has the right to negotiate and approve an Accommodation Agreement with the Hopi Tribe for any Navajo head of household residing on Hopi Partitioned Land that has not otherwise entered into an Accommodation Agreement but intends to remain on the Hopi Partitioned Land.''. (d) Relinquishment of Accommodation Agreement and Eligibility for Relocation Benefits.--The Navajo-Hopi Land Dispute Settlement Act of 1996 is amended by adding a new section 13 as follows: ``SEC. 13. RELINQUISHMENT OF ACCOMMODATION AGREEMENT AND ELIGIBILITY FOR RELOCATION BENEFITS. ``Notwithstanding any other provision of this Act, the Settlement Agreement, or the Accommodation Agreement, any Navajo family that has entered into an Accommodation Agreement shall have the right-- ``(1) to relinquish that Agreement at any time up until the closure of the Office of Navajo and Hopi Indian Relocation; and ``(2) after relinquishment under paragraph (1), to receive the full relocation benefits to which the family would otherwise have been entitled had the family not signed the Accommodation Agreement, including relocation housing, counseling, and other services.''. (e) Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the programs set forth in the amendments made by this section. Funds appropriated under this subsection shall be in addition to funds made available for use on the Navajo and Hopi Reservations out of appropriations heretofore or hereafter granted for the benefit, care, or assistance of Indians in general, or made pursuant to other authorizations in effect on the date of the enactment of this Act.

Former Bennett Freeze Area Development Act - Requires the Commissioner of the Office of Navajo and Hopi Indian Relocation (ONHIR), by request of the Navajo Nation or the Hopi Tribe by tribal resolution, to enter into a self-determination contract or contracts with the requesting Indian tribe to plan, conduct, and administer programs, functions, services, or activities, including construction programs administered by the Commissioner that pertain directly to the requesting Indian tribe. Establishes the Former Bennett Freeze Area Rehabilitation Trust Fund in the Treasury. Makes amounts in the Fund available to the Navajo Nation solely for purposes which will contribute to the continuing rehabilitation and improvement of the economic, housing, infrastructure, health, educational, and social condition of families, and Navajo communities, that have been affected by the former Bennett Freeze. Authorizes the Commissioner to carry out a rehabilitation program to redress the effects of federal development restrictions (Bennett Freeze) in the western portion of the Navajo Reservation, limited to housing construction and renovation, infrastructure improvements, and economic development initiatives. Repeals requirements that: (1) the United States be reimbursed for funds appropriated to the Navajo Rehabilitation Trust Fund before its termination; and (2) the income derived by the Navajo Tribe from the surface and mineral estates of certain lands located in New Mexico acquired for the Tribe's benefit be used to reimburse the General Fund of the U.S. Treasury. Reauthorizes the Fund. Grants the Navajo Nation the right to negotiate and approve an Accommodation Agreement with the Hopi Tribe for any Navajo head of household residing on Hopi Partitioned Land that has not otherwise entered into such Agreement but intends to remain on the Land. Amends the Navajo-Hopi Land Dispute Settlement Act of 1996 to grant any Navajo family that has entered into an Accommodation Agreement the right to: (1) relinquish that Agreement at any time up until the closure of the ONHIR; and after such relinquishment (2) receive the full relocation benefits to which the family would otherwise have been entitled had the family not signed such Agreement, including relocation housing, counseling, and other services.

To provide for development of the Former Bennett Freeze Area, to contribute to the rehabilitation of the economic, housing, infrastructure, health, and educational condition of those affected by the former Bennett Freeze, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Rights and Access for the Women of South Sudan Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Despite the 2011 referendum for secession that established the independent state of South Sudan, South Sudanese women continue to experience brutal violation of their human rights. (2) Strong and continued United States support can ensure that the advances made by South Sudanese women since July 2011 when the Republic of South Sudan gained its independence will continue and grow, rather than recede. (3) The United States has made a substantial contribution to the emergency relief and humanitarian efforts for South Sudan. Completing the United States mission in South Sudan will also require significant and long-term investments in development and reconstruction assistance. (4) An inadequate healthcare system has resulted in high maternal and infant mortality rates. The maternal mortality rate is 1,054 deaths per 100,000 live births, making it one of the highest in the world. (5) South Sudan faces many difficulties with its lack of infrastructure and lacks significant human development factors, which can further marginalize women. (6) Over 80 percent of women and girls in South Sudan are illiterate, and thus it is imperative to both secure and inform women's rights within the national development. (7) With the assistance of internal aid and the proliferation of local women's organizations, women's equality can be integrated into South Sudan's nation-building efforts. (8) South Sudan has made gains in incorporating women into the new regime with efforts such as inclusion in the legislative assembly, thus additional support from the United States serves to reinforce these ideals and implementations. (9) The women of South Sudan are taking the initiative to reach across the conflict divide and foster peace. Women's perspectives and experiences in seeking solutions to conflicts are necessary to ensure lasting peace. (10) Adequate security in both urban and rural areas, particularly on military borders, is essential if women and girls are to exercise their human rights, work, attend school, and otherwise participate in and benefit from humanitarian and development programs sponsored by the United States. SEC. 3. REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES RELATING TO SOUTH SUDAN. (a) In General.--Activities described in subsections (b) through (e) that are carried out by the United States in South Sudan shall comply with the applicable requirements contained in such subsections. (b) Governance of South Sudan.--With respect to the governance of South Sudan, the applicable requirements are the following: (1) Include the perspectives and advice from South Sudanese women's organizations, networks, and leaders in United States policymaking related to the governance of South Sudan. (2) Promote the inclusion of a significant number of women in the National Legislature and future legislative bodies to ensure that women's full range of human rights are included and upheld in any constitution or legal structures of South Sudan. (3) Promote the continuation and strengthening of the rights of women as the South Sudan Government transitions to a long-term government structure, and encourage the appointment of women to high level positions within South Sudanese Government. (c) Post-Conflict Reconstruction and Development.--With respect to activities relating to post-conflict stability in South Sudan, the applicable requirements are the following: (1) Ensure that a significant portion of United States development, humanitarian, and relief assistance is channeled to local and United States-based South Sudanese organizations, particularly South Sudanese women's organizations. Provide technical assistance, training, and capacity-building for local organizations to ensure that United States funded efforts will be both effective and sustainable. (2) Encourage United States organizations that receive funds authorized by this Act to partner with or create South Sudanese-led counterpart organizations and provide these organizations with significant financial resources, technical assistance, and capacity building. (3) Provide direct financial and programmatic assistance to the Ministry of Women's Affairs adequate to ensure that the Ministry is able to fulfill its mandate. (4) Promote multiyear women-centered economic development programs, including programs to assist widows, female heads of household, women in rural areas, and disabled women. (5) Increase women's access to or ownership of productive assets such as land, water, agricultural inputs, credit, and property. (6) Provide long-term financial assistance for primary, secondary, higher, nontraditional, and vocational education for South Sudanese girls, women, boys, and men. (7) Provide financial assistance to build the health infrastructure and to deliver high-quality comprehensive health care programs, including primary, maternal, child, reproductive, and mental health care. (8) Integrate education and training programs for former combatants with economic development programs to encourage their reintegration into society and to promote post-conflict stability. (9) Provide assistance to rehabilitate children affected by the conflict, particularly child soldiers. (10) Support educational efforts to increase awareness with respect to landmines, facilitate the removal of landmines, and provide services to individuals with disabilities caused by landmines. (11) Include programs to prevent trafficking in persons, assist victims, and apprehend and prosecute traffickers in persons. (d) South Sudanese Military and Police.--With respect to training for military and police forces in South Sudan, the applicable requirements are the following: (1) Include training on the protection, rights, and the particular needs of women and emphasize that violations of women's rights are intolerable and should be prosecuted. (2) Encourage such trainers who will carry out the activities in paragraph (1) to consult with women's organizations in South Sudan to ensure that training content and materials are adequate, appropriate, and comprehensive. (e) Relief, Resettlement, and Repatriation of Refugees and the Internally Displaced.--With respect to the relief, resettlement, and repatriation of refugees and internally displaced in South Sudan, the applicable requirements are the following: (1) Take all necessary steps to ensure that women refugees and internally displaced in camps, urban areas, and villages are directly receiving food aid, shelter, relief supplies, and other services from United States-sponsored programs. (2) Take all necessary steps to ensure that women refugees in camps, urban areas, and villages are accessing high-quality health and medical services, including primary, maternal, child, and mental health services. (3) Take all necessary steps to ensure that women and children in refugee camps are protected from sexual exploitation. (4) Take all necessary steps to ensure refugees and internally displaced persons that seek to return to their place of origin can do so voluntarily, safely, and with the full protection of their rights. United States-sponsored efforts shall not coerce refugees or internally displaced persons to return to their places of origin. SEC. 4. REPORTING REQUIREMENTS. Not later than 60 days after the date of enactment of this Act, and annually thereafter, the President shall prepare and transmit to Congress a report that contains documentation of the progress in implementing the requirements of section 3. All data shall be disaggregated by sex.

Equal Rights and Access for the Women of South Sudan Act Requires that activities carried out by the United States in South Sudan relating to governance, post-conflict reconstruction and development, police and military training, and refugee relief and assistance support the human rights of women and their full political, social, and economic participation.

Equal Rights and Access for the Women of South Sudan Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``__________ Act of 2008''. SEC. 2. ESTABLISHMENT OF COMMISSION ON THE CONFLICT BETWEEN RUSSIA AND GEORGIA. There is established the Commission on the Conflict between Russia and Georgia (in this Act referred to as the ``Commission''). SEC. 3. PURPOSES OF COMMISSION. The purposes of the Commission are to-- (1) to examine the causes of the conflict between Russia and Georgia that began on August 7, 2008; and (2) make recommendations with respect to the policies of the United States toward Russia, Georgia, and other countries in the region. SEC. 4. COMPOSITION OF COMMISSION. (a) Members.--The Commission shall be composed of 9 members, of whom-- (1) 1 member shall be appointed by the majority leader of the Senate, with the concurrence of the Speaker of the House of Representatives, who shall serve as chair of the Commission; (2) 2 members shall be appointed by the majority leader of the Senate; (3) 2 members shall be appointed by the minority leader of the Senate; (4) 2 members shall be appointed by the Speaker of the House of Representatives; and (5) 2 members shall be appointed by the minority leader of the House of Representatives. (b) Qualifications.--It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens, with significant depth of experience in the field of foreign relations and with expertise regarding relations between Russia and Georgia. (c) Deadline for Appointment.--All members of the Commission shall be appointed within 90 days of the date of the enactment of this Act. (d) Initial Meeting.--The Commission shall meet and begin the operations of the Commission as soon as practicable after the 90-day period described in subsection (c). After its initial meeting, the Commission shall meet upon the call of the chair or a majority of its members. (e) Quorum; Vacancies.--Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 5. RESPONSIBILITIES OF COMMISSION. The Commission shall-- (1) examine and determine the timeline of events since 1991 that led to the conflict between Russia and Georgia that began on August 7, 2008; (2) examine the policies of the Government of Russia with respect to Georgia; (3) examine the policies of the Government of Georgia with respect to the regions of South Ossetia and Abkhazia; (4) evaluate the role of the North Atlantic Treaty Organization and the April 2008 Bucharest Summit in the development of the conflict between Russia and Georgia; (5) examine and evaluate the policies of the United States with respect to Russia and Georgia in the context of the conflict, including-- (A) any communications by officials of the United States to the Government of Russia; and (B) any communications by officials of the United States to the Government of Georgia; (6) review the role of peacekeepers from Russia in South Ossetia and the relationship between Georgia and the peacekeepers; (7) review and evaluate the training and preparedness of the militaries of Russia and Georgia, including-- (A) any focus in the training of the military of Russia with respect to Georgia; and (B) any focus in the training of the military of Georgia with respect to Russia; (8) review and evaluate allegations of genocide and ethnic cleansing during the conflict; and (9) make recommendations with respect to the policies of the United States with respect to Russia, Georgia, and other countries in the region in the context of the conflict between Russia and Georgia. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act, hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission, subcommittee, or member, as the case may be, may determine advisable. (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriations Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Staff of Commission.-- (1) Appointment and compensation.--The chairman of the Commission, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to-- (A) the provisions of title 5, United States Code, governing appointments in the competitive service; or (B) the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the rate of pay for a position at level V of the Executive Schedule under section 5316 of such title. (2) Personnel as federal employees.-- (A) In general.--The executive director and any employees of the Commission shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. (B) Members of commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (3) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of the detailee's regular employment without interruption. (4) Consultant services.--The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates not to exceed the daily rate of pay for a position at level IV of the Executive Schedule under section 5315 of such title. (5) Emphasis on security clearances.--Emphasis shall be made to hire employees and retain contractors and detailees with active security clearances. (d) Information From Federal Agencies.-- (1) In general.--The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics to carry out the purposes of this Act. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall be received, handled, stored, and disseminated only by members of the Commission and its staff consistent with all applicable laws, regulations, and executive orders. (e) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (f) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (g) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 7. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. SEC. 8. PUBLIC MEETINGS AND HEARINGS; AVAILABILITY OF REPORTS. (a) Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the report required under section 9. (b) Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable law, regulation, or executive order. SEC. 9. REPORT. Not later than 180 days after the appointment of the Commission, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations as have been agreed to by a majority of Commission members. SEC. 10. TERMINATION. (a) In General.--The Commission, and the provisions of this Act, shall terminate on the date that is 60 days after the date on which the final report is submitted under section 9. (b) Administrative Activities Before Termination.--The Commission may use the 60-day period referred to in subsection (a) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its report and disseminating the final report. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as may be necessary for the purposes of the activities of the Commission under this Act. (b) Duration of Availability.--Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission.

Establishes the Commission on the Conflict between Russia and Georgia, which shall: (1) examine the causes of the conflict between Russia and Georgia that began in August 2008; and (2) make U.S. policy recommendations with respect to Russia, Georgia, and other countries in the region. Terminates the Commission 60 days after submission of a final report required under this Act.

A bill to establish a Commission on the conflict between Russia and Georgia, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access and Openness in Small Business Lending Act of 2001''. SEC. 2. SMALL BUSINESS LOAN DATA COLLECTION. (a) In General.--The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) is amended by inserting after section 704A the following new section: ``SEC. 704B. SMALL BUSINESS LOAN DATA COLLECTION. ``(a) In General.--Subject to the requirements of this section, in the case of any application to a depository institution for credit for a small business, the depository institution shall-- ``(1) inquire whether the business is a women- or minority- owned business, without regard to whether such application is received in person, by mail, by telephone, by electronic mail or other form of electronic transmission, or by any other means and whether or not such application is in response to a solicitation by the depository institution; and ``(2) maintain a record of the responses to such inquiry separate from the application and accompanying information. ``(b) Right To Refuse.--Any applicant for credit may refuse to provide any information requested pursuant to subsection (a) in connection with any application for credit. ``(c) No Access by Underwriters.--No loan underwriter or other officer or employee of the depository institution, or any affiliate of the depository institution, involved in making any determination concerning an application for credit shall have access to any information provided by the applicant pursuant to a request under subsection (a) in connection with such application. ``(d) Form and Manner of Information.-- ``(1) In general.--Each depository institution shall compile and maintain, in accordance with regulations of the Board, a record of the information provided by any loan applicant pursuant to a request under subsection (a). ``(2) Itemized.--Information compiled and maintained under paragraph (1) shall also be itemized in order to clearly and conspicuously disclose the following: ``(A) The number of the application and the date the application was received. ``(B) The type and purpose of the loan or other credit being applied for. ``(C) The amount of the credit or credit limit applied for and the amount of the credit transaction or the credit limit approved for such applicant. ``(D) The type of action taken with respect to such application and the date of such action. ``(E) The census tract in which is located the principal place of business of the small business loan applicant. ``(F) The gross annual revenue of the business in the last fiscal year of the small business loan applicant preceding the date of the application. ``(3) No personally identifiable information.--In compiling and maintaining any record of information under this section, a depository institution may not include in such record the name, specific address (other than the census tract required under paragraph (1)(E)), telephone number, electronic mail address, and any other personally identifiable information concerning any individual who is, or is connected with, the small business loan applicant. ``(e) Availability of Information.-- ``(1) Submission to agencies.--The data required to be compiled and maintained under this section by any depository institution shall be submitted annually to the agency to whom the enforcement of the requirements of this title are committed under section 704. ``(2) Availability of information.--Information compiled and maintained under this section shall be retained for not less than 3 years after the date of preparation and shall be made available to the public, upon request, in the form required under regulations prescribed by the Board. ``(f) Exemption for Small Institutions.-- ``(1) In general.--This section shall not apply to any depository institution the total assets of which are equal to or less than the exemption amount as of the end of the last full fiscal year of the depository institution preceding the date of the small business loan application. ``(2) Exemption amount.--For purposes of paragraph (1), the exemption amount is the amount determined under subsection (a) of section 309 of Home Mortgage Disclosure Act of 1975 (taking into account the adjustments required under subsection (b) of such section). ``(g) Definitions.-- For purposes of this section, the following definitions shall apply: ``(1) Depository institution.--The term `depository institution'-- ``(A) has the meaning given the term in section 3 of the Federal Deposit Insurance Act; and ``(B) includes any credit union. ``(2) Minority-owned business.--The term `minority-owned business' means a business-- ``(A) more than 50 percent of the ownership or control of which is held by 1 or more minority individuals; and ``(B) more than 50 percent of the net profit or loss of which accrues to 1 or more minority individuals. ``(3) Women-owned business.--The term `women-owned business' means a business-- ``(A) more than 50 percent of the ownership or control of which is held by 1 or more women; and ``(B) more than 50 percent of the net profit or loss of which accrues to 1 or more women. ``(4) Minority.--The term `minority' has the meaning given to such term by section 1204(c)(3) of the Financial Institutions Reform, Recovery and Enforcement Act of 1989. ``(5) Small business loan.--The term `small business loan' includes any loan described or defined as a small business loan under any of the following provisions of title 12 of the Code of Federal Regulations (as in effect on the date of the enactment of the Access and Openness in Small Business Lending Act of 2001): ``(A) Section 25.12(u) of subpart A of part 25. ``(B) Section 228.12(u) of part 228. ``(C) Section 345.12(u) of part 345. ``(D) Section 563e(t) of part 563e.''. (b) Technical and Conforming Amendments.--Section 701(b) of the Equal Credit Opportunity Act (15 U.S.C. 1691(b)) is amended-- (1) by striking ``or'' after the semicolon at the end of paragraph (3); (2) in paragraph (4), by striking the period at the end and inserting ``; or''; and (3) by inserting after paragraph (4), the following new paragraph: ``(5) to make an inquiry under section 704B in accordance with the requirements of such section.''. (c) Clerical Amendment.--The table of sections for title VII of the Consumer Credit Protection Act is amended by inserting after the item relating to section 704A the following new item: ``704B. Small business loan data collection.''. (d) Effective Date.--This section and the amendments made by this section shall take effect at the end of the __-month period beginning on the date of the enactment of this Act.

Access and Openness in Small Business Lending Act of 2001 - Amends the Equal Credit Opportunity Act to require a depository institution, in the case of an application for credit made by a small business, to: (1) inquire whether the business is a women- or minority-owned business; and (2) maintain a record of the responses to such inquiry separate from the application and accompanying information. Allows any applicant to refuse to provide such information. Prohibits: (1) access to such information by any loan underwriter, officer, employee, or affiliate of the depository institution; and (2) the depository institution from including personally identifiable information in such record of responses. Requires such information to be made available to Federal enforcement agencies. Exempts from such requirements institutions having total assets equal to or less than the exemption amount determined under the Home Mortgage Disclosure Act of 1975.

To amend the Equal Credit Opportunity Act to permit the collection of demographic information in connection with small business loan applications with the applicant's consent, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ukraine Security Assistance Act of 2014''. SEC. 2. SECURITY ASSISTANCE FOR UKRAINE. (a) In General.--Notwithstanding any other provision of law limiting the assistance to be provided under this section, beginning on the date following the date of completion of the assessment required by subsection (b), the President is authorized to provide to the Government of Ukraine upon that Government's request, as appropriate and in a manner consistent with the capabilities and needs of the armed forces of Ukraine identified in such assessment, the following defense articles, services, and training: (1) Weapons and ammunition, as identified in such assessment. (2) Night navigation equipment. (3) Mine Resistant Ambush Protected vehicles. (4) High Mobility Multipurpose Wheeled Vehicles. (5) Inflatable boats. (6) Body armor. (7) Fire control, range finder, optical and guidance and control equipment. (8) Explosive disposal and improvised explosive device detection equipment. (9) Mine detection equipment. (10) Chemical, biological, radiation, and nuclear detection, testing, and protection equipment. (11) Communications, logistic, combat support, medical equipment, rations, specialized equipment, and other defense articles, services, and training requested by the Government of Ukraine that the President determines to be appropriate. (b) Required Assessment.--No later than 15 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an assessment, or complete any ongoing assessment, of the capabilities and needs of the armed forces of Ukraine and shall ensure that it includes-- (1) an assessment of the releasability of the equipment set forth in subsection (a), equipment requested by the Government of Ukraine, or equipment that may foreseeably be requested based on the current state of the armed forces of Ukraine; and (2) an assessment of the need for, appropriateness of, and force protection concerns of any United States military advisors to be made available to the armed forces of Ukraine. (c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of State $100,000,000 for fiscal year 2015 to carry out the activities set forth in subsection (a). (d) Authority for Use of Funds.--The funds made available pursuant to subsection (c) for the provision of defense articles, services, and training may be used to procure such assistance from the United States Government or other appropriate sources. (e) Provision of Assessment to Congress.--Not later than 7 days following the completion of the assessment required by subsection (b), the President shall provide such assessment to the appropriate congressional committees. SEC. 3. SENSE OF CONGRESS ON INTELLIGENCE SHARING WITH UKRAINE. It is the sense of Congress that the President, subject to the discretion of the President so as to protect sources and methods of intelligence collection and to protect the capabilities of the intelligence community and the United States Armed Forces, should-- (1) provide the Government of Ukraine with appropriate intelligence and other information to assist the Government of Ukraine-- (A) to determine the location, strength, and capabilities of the military and intelligence forces of the Russian Federation located on the eastern border of Ukraine and within the territorial borders of Ukraine, including Crimea; and (B) to respond effectively to further aggression by military and intelligence forces of the Russian Federation; (2) take steps to ensure that such intelligence information is fully and appropriately protected from further disclosure, including limiting, as appropriate, the provision and nature of such intelligence information; (3) provide, within 7 days of provision of intelligence information to the Government of Ukraine, a report to the appropriate congressional committees detailing the disclosure; and (4) provide, within 7 days of receipt of a request for intelligence information from the Government of Ukraine, a report to the appropriate congressional committees detailing the request. SEC. 4. MAJOR NON-NATO ALLY STATUS FOR UKRAINE. (a) In General.--During the period in which Ukraine meets the criteria set forth in subsection (b), notwithstanding any other provision of law, for purposes of the transfer or possible transfer of defense articles or defense services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or any other provision of law, Ukraine shall be treated as though it were designated a major non-NATO ally (as defined in section 644(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(q))). (b) Criteria for Treatment as a Major Non-NATO Ally.--In order to be treated as a major non-NATO ally pursuant to subsection (a), Ukraine must-- (1) have a democratically elected government that came to power pursuant to free and fair elections; (2) cooperate fully with the United States on matters of mutual security concern, including counterterrorism matters; and (3) respect the political and legal rights of its citizens, including maintaining the right of its citizens to democratically elect their government. (c) Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall provide to the appropriate congressional committees a report assessing whether Ukraine should continue to be treated, for purposes of the transfer or possible transfer of defense articles or defense services, as a major non-NATO ally and whether the treatment should be expanded or reduced. SEC. 5. EXPANDED SECURITY FORCE TRAINING, ASSISTANCE AND DEFENSE COOPERATION WITH UKRAINE. (a) Expanded Training and Assistance.--The President shall take steps, consistent with the President's responsibility as Commander in Chief, to substantially increase, within one year after the date of the enactment of this Act-- (1) the military-to-military interactions of United States Armed Forces with the armed forces of Ukraine, including specifically utilizing the National Guard State Partnership Program and increasing the current tempo of military exercises and training efforts and exchanges with such armed forces; and (2) United States and NATO security assistance to Ukraine. (b) Bilateral and Multilateral Defense Cooperation Agreements.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall seek to enter into negotiations with Ukraine to establish new, or strengthen existing, bilateral and multilateral defense cooperation agreements, including agreements related to cyber defense cooperation. (c) Report.--Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report detailing the specific efforts being undertaken and planned to be undertaken by the United States Government to implement the increased military-to- military interactions and security assistance required by subsection (a) and to undertake the negotiations required by subsection (c). SEC. 6. DEFINITION. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.

Ukraine Security Assistance Act of 2014 - Authorizes the the President to provide Ukraine with specified defense articles, services, and training. Directs the Secretary of Defense (DOD) to conduct or complete an ongoing assessment of the capabilities and needs of Ukraine's armed forces, and provide it to Congress. Expresses the sense of Congress that the President should: provide Ukraine with appropriate intelligence and other information to determine the location, strength, and capabilities of the military and intelligence forces of the Russian Federation located on Ukraine's eastern border and within its territorial borders, including Crimea; take steps to ensure that such intelligence information is protected from further disclosure; and report to Congress detailing such disclosure. States that during the period in which Ukraine meets specified democratic government and security cooperation criteria it shall be treated as a major non-North Atlantic Treaty Organization (NATO) ally. Directs the President to increase: (1) military-to-military interactions of the U.S. Armed Forces with the armed forces of Ukraine, and (2) U.S. and NATO security assistance to Ukraine. Directs the Secretary of State to seek to enter into negotiations with Ukraine to establish new, or strengthen existing, bilateral and multilateral defense cooperation agreements, including agreements related to cyber defense cooperation.

Ukraine Security Assistance Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Self-Sufficiency Act''. SEC. 2. AMENDMENTS. Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) is amended by adding at the end the following: ``SEC. 422. DEMONSTRATION PROJECTS IN NATURALLY OCCURRING RETIREMENT COMMUNITIES. ``(a) Program Authorized.--The Assistant Secretary shall award grants to eligible entities to carry out 10 demonstration projects to provide comprehensive supportive services to older individuals who reside in noninstitutional residences in naturally occurring retirement communities to enhance the quality of life of such individuals and reduce the need to institutionalize such individuals. Those residences for which assistance is provided under section 202 of the National Housing Act of 1959 (12 U.S.C. 1701q) in naturally occurring retirement communities shall not receive services through a demonstration project under this section if such services would otherwise be provided as part of the assistance received by such residences under such section 202. ``(b) Eligible Entity.--An entity is eligible to receive a grant under this section if such entity is a nonprofit public or private agency, organization, or institution that proposes to provide services only in geographical areas considered to be low- or middle-income areas. ``(c) Priority.-- ``(1) In general.--In awarding grants under this section, the Assistant Secretary shall give priority to eligible entities that provided comprehensive supportive services in fiscal year 2002 to older individuals who resided in noninstitutional residences in naturally occurring retirement communities. ``(2) Rural areas.--Two of the 10 grants awarded under this section shall be awarded to eligible entities that propose to provide services to residents in rural areas. ``(d) Grant Period.--Each grant awarded under this section shall be awarded for a period of 4 years, with not more than $1,000,000 being awarded annually. ``(e) Application.--An eligible entity desiring a grant under this section shall submit an application to the Assistant Secretary in such form and containing such information as the Assistant Secretary may require, including a plan for continuing services provided under the grant after the grant expires. ``(f) Limitations.-- ``(1) Cost-sharing.--An eligible entity receiving a grant under this section may require cost-sharing from individuals receiving services only in a manner consistent with the requirements of title III. ``(2) Construction.--An entity may not use funds received under a grant under this section to construct or permanently improve (other than remodeling to make facilities accessible to older individuals) any building or other facility. ``(g) Definitions.--In this section: ``(1) Naturally occurring retirement community.--The term `naturally occurring retirement community' means a geographical area in which not less than 40 percent of the noninstitutional residences are occupied for not less than 10 years by heads of households who are older individuals, but does not include residences for which assistance is provided under section 202 of the National Housing Act of 1959 (12 U.S.C. 1701q). The definition provided for in the previous sentence may be modified by the Secretary as such definition relates to grants for rural areas. ``(2) Supportive services.--The term `supportive services' means services offered to residents that may include-- ``(A) case management; ``(B) health services and education; ``(C) nutrition services, nutrition education, meals, and meal delivery; ``(D) transportation services; ``(E) home and personal care services; ``(F) continuing adult education; ``(G) information and referral services; and ``(H) any other services and resources appropriate to enhance the quality of life of residents and reduce the need to institutionalize such individuals. ``(h) Matching Requirement.--The Assistant Secretary may not make a grant to an eligible entity under this section unless that entity agrees that, with respect to the costs to be incurred by the entity in carrying out the program for which the grant was awarded, the entity will make available in cash or in-kind (directly or through donations from public or private entities) non-Federal contributions equaling 5 percent of Federal funds provided under the grant for the second year that such grant is provided, 10 percent of Federal funds provided under the grant for the third year that such grant is provided, and 15 percent of Federal funds provided under the grant for the fourth year that such grant is provided. ``(i) Report.--Not later than the beginning of the fourth year of distributing grants under this section, the Assistant Secretary shall evaluate services provided with funds under this section and submit a report to Congress summarizing the results of such evaluation and recommending what services should be taken in the future. ``(j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, not more than $10,000,000 for each of fiscal years 2003 through 2006.''.

Senior Self-Sufficiency Act - Amends Older Americans Act of 1965 to direct the Assistant Secretary of Health and Human Services for Aging to award four-year grants of up to $1 million each to eligible entities to carry out ten demonstration projects to provide specified comprehensive supportive services to older individuals in noninstitutional residences in naturally occurring retirement communities to enhance their quality of life and reduce the need to institutionalize them. Limits such grants to geographical areas considered low- or middle-income. Requires two of the grants to be awarded to entities proposing to provide such services to rural residents.

A bill to amend the Older Americans Act of 1965 to authorize appropriations for demonstration projects to provide supportive services to older individuals who reside in naturally occurring retirement communities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Enhanced Security Cooperation Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) Since 1948, United States Presidents and both houses of Congress, on a bipartisan basis and supported by the American people, have repeatedly reaffirmed the special bond between the United States and Israel, based on shared values and shared interests. (2) The Middle East is undergoing rapid change, bringing with it hope for an expansion of democracy but also great challenges to the national security of the United States and our allies in the region, particularly our most important ally in the region, Israel. Over the past year, the Middle East has witnessed the fall of some regimes long considered to be stabilizing forces and a rise in the influence of radical Islamists. (3) Iran, which has long sought to foment instability and promote extremism in the Middle East, is now seeking to exploit the dramatic political transition underway in the region to undermine governments traditionally aligned with the United States and support extremist political movements in these countries. (4) At the same time, Iran may soon attain a nuclear weapons capability, a development that would fundamentally threaten vital American interests, destabilize the region, encourage regional nuclear proliferation, further empower and embolden Iran, the world's leading state sponsor of terrorism, and provide it the tools to threaten its neighbors, including Israel. (5) Over the past several years, with the assistance of Iran and Syria, Hizballah and Hamas have increased their stockpiles of rockets, with more than 60,000 rockets now ready to be fired at Israel. Iran continues to add to its arsenal of ballistic missiles and cruise missiles, which threaten Iran's neighbors, Israel, and United States military forces in the region. (6) As a result, the strategic environment that has kept Israel secure and safeguarded United States national interests for the past 35 years has eroded. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States: (1) To reaffirm the enduring commitment of the United States to the security of the State of Israel as a Jewish state. As President Obama stated on December 16, 2011, ``America's commitment and my commitment to Israel and Israel's security is unshakeable.''. And as President Bush stated before the Knesset on the 60th anniversary of the founding of the State of Israel on May 15, 2008, ``The alliance between our governments is unbreakable, yet the source of our friendship runs deeper than any treaty.''. (2) To provide Israel the military capabilities necessary to deter and defend itself by itself against any threats. (3) To veto any one-sided anti-Israel resolutions at the United Nations Security Council. (4) To support Israel's inherent right to self-defense. (5) To pursue avenues to expand cooperation with Israel in both defense and across the spectrum of civilian sectors, including high technology, agriculture, medicine, health, pharmaceuticals, and energy. (6) To assist Israel with its on-going efforts to forge a peaceful, negotiated settlement of the Israeli-Palestinian conflict that results in two states living side by side in peace and security, and to encourage Israel's neighbors to recognize Israel's right to exist as a Jewish state. SEC. 4. UNITED STATES ACTIONS TO ASSIST IN THE DEFENSE OF ISRAEL AND PROTECT AMERICAN INTERESTS. (a) Sense of Congress.--It is the sense of Congress that the United States should take the following actions to assist in the defense of Israel: (1) Provide Israel such support as may be necessary to increase development and production of joint missile defense systems, particularly such systems that defend the urgent threat posed to Israel and United States forces in the region. (2) Provide Israel assistance specifically for the production and procurement of the Iron Dome defense system for purposes of intercepting short-range missiles, rockets, and projectiles launched against Israel. (3) Provide Israel defense articles and defense services through such mechanisms as appropriate, to include air refueling tankers, missile defense capabilities, and specialized munitions. (4) Allocate additional weaponry and munitions for the forward-deployed United States stockpile in Israel. (5) Provide Israel additional surplus defense articles and defense services, as appropriate, in the wake of the withdrawal of United States forces from Iraq. (6) Strengthen efforts to prevent weapons smuggling into Gaza pursuant to the 2005 Agreement on Movement and Access following the Israeli withdrawal from Gaza and to protect against weapons smuggling and terrorist threats from the Sinai Peninsula. (7) Offer the Israeli Air Force additional training and exercise opportunities in the United States to compensate for Israel's limited air space. (8) Expand Israel's authority to make purchases under the Foreign Military Financing program on a commercial basis. (9) Seek to enhance the capabilities of the United States and Israel to address emerging common threats, increase security cooperation, and expand joint military exercises. (10) Encourage an expanded role for Israel within the North Atlantic Treaty Organization (NATO), including an enhanced presence at NATO headquarters and exercises. (11) Support extension of the long-standing loan guarantee program for Israel, recognizing Israel's unbroken record of repaying its loans on time and in full. (12) Expand already-close intelligence cooperation, including satellite intelligence, with Israel. (b) Report on Israel's Qualitative Military Edge.-- (1) Statement of policy.--It is the policy of the United States-- (A) to help Israel preserve its qualitative military edge amid rapid and uncertain regional political transformation; and (B) to encourage further development of advanced technology programs between the United States and Israel given current trends and instability in the region. (2) Report.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the status of Israel's qualitative military edge in light of current trends and instability in the region. (c) Reports on Other Matters.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on each of the following: (1) Taking into account Israel's urgent requirement for F- 35 aircraft, actions to improve the process relating to Israel's purchase of F-35 aircraft to improve cost efficiency and timely delivery. (2) Efforts to expand cooperation between the United States and Israel in homeland security, counter-terrorism, maritime security, energy, cybersecurity, and other appropriate areas. (3) Actions to integrate Israel into the defense of the Eastern Mediterranean. (d) Definitions.--In this section: (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 Affairs of the House of Representatives; and (B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate. (2) Qualitative military edge.--The term ``qualitative military edge'' has the meaning given the term in section 36(h)(2) of the Arms Export Control Act (22 U.S.C. 2776(h)(2)). SEC. 5. EXTENSION OF AUTHORITY TO PROVIDE LOAN GUARANTEES TO ISRAEL. (a) In General.--Chapter 5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108-11), as amended, is further amended in the item relating to ``Loan Guarantees to Israel''-- (1) in the matter preceding the first proviso, by striking ``September 30, 2011'' and inserting ``September 30, 2015''; and (2) in the second proviso, by striking ``September 30, 2011'' and inserting ``September 30, 2015''. (b) Effective Date.--The amendments made by this section take effect on the date of enactment of this Act. Passed the House of Representatives May 9, 2012. Attest: KAREN L. HAAS, Clerk.

United States-Israel Enhanced Security Cooperation Act of 2012 - Expresses the sense of Congress that the United States should take specified actions to assist in Israel's defense. States that is U.S. policy to: (1) help Israel preserve its qualitative military edge amid regional political transformation, and (2) encourage further development of advanced technology programs between the United States and Israel. Directs the President to report to Congress on: (1) the status of Israel's qualitative military edge in light of current regional trends and instability; (2) actions to improve the process relating to Israel's purchase and receipt of F-35 aircraft; (3) efforts to expand cooperation between the United States and Israel in homeland security, counter-terrorism, maritime security, energy, cyber security, and other appropriate areas; and (4) actions to integrate Israel into the defense of the Eastern Mediterranean. Amends the Emergency Wartime Supplemental Appropriations Act, as amended, to extend authority for loan guarantees to Israel through September 30, 2015.

To express the sense of Congress regarding the United States-Israel strategic relationship, to direct the President to submit to Congress reports on United States actions to enhance this relationship and to assist in the defense of Israel, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hydrogen Future Act of 1996''. SEC. 2. DEFINITIONS. For purposes of titles II and III-- (1) the term ``Department'' means the Department of Energy; and (2) the term ``Secretary'' means the Secretary of Energy. TITLE I--HYDROGEN SEC. 101. PURPOSES AND DEFINITIONS. (a) Section 102(b)(1) of Public Law 101-566 (42 U.S.C. 12401(b)(1)) is amended to read as follows: ``(1) to direct the Secretary of Energy to conduct a research, development, and demonstration program leading to the production, storage, transport, and use of hydrogen for industrial, residential, transportation, and utility applications;''. (b) Section 102(c) of Public Law 101-566 (42 U.S.C. 12401(c)) is amended-- (1) in subsection (1) by striking ``; and'' inserting ``;''; (2) by redesignating subsection (2) as subsection (3); and (3) by inserting before subsection (3) (as redesignated) the following new subsection: ``(2) `Department' means the Department of Energy; and''. SEC. 102. REPORTS TO CONGRESS. (a) Section 103 of Public Law 101-566 (42 U.S.C. 12402) is amended to read as follows: ``Sec. 103. Report to Congress ``(a) Not later than January 1, 1999, the Secretary shall transmit to Congress a detailed report on the status and progress of the programs authorized under this Act. ``(b) A report under subsection (a) shall include, in addition to any views and recommendations of the Secretary-- ``(1) an analysis of the effectiveness of the programs authorized under this chapter, to be prepared and submitted to the Secretary by the Hydrogen Technical Advisory Panel established under section 108 of this Act; and ``(2) recommendations of the Hydrogen Technical Advisory Panel for any improvements in the program that are needed, including recommendations for additional legislation.''. (b) Section 108(d) of Public Law 101-566 (42 U.S.C. 12407(d)) is amended-- (1) by adding ``and'' at the end of paragraph (1); (2) by striking ``; and'' at the end of paragraph (2) and inserting a period; and (3) by striking paragraph (3). SEC. 103. HYDROGEN RESEARCH AND DEVELOPMENT. (a) Section 104 of Public Law 101-566 (42 U.S.C. 12403) is amended to read as follows: ``Sec. 104. Hydrogen research and development ``(a) The Secretary shall conduct a hydrogen research and development program relating to production, storage, transportation, and use of hydrogen, with the goal of enabling the private sector to demonstrate the technical feasibility of using hydrogen for industrial, residential, transportation, and utility applications. ``(b) In conducting the program authorized by this section, the Secretary shall-- ``(1) give particular attention to developing an understanding and resolution of critical technical issues preventing the introduction of hydrogen into the marketplace; ``(2) initiate or accelerate existing research in critical technical issues that will contribute to the development of more economic hydrogen production and use, including, but not limited to, critical technical issues with respect to production (giving priority to those production techniques that use renewable energy resources as their primary source of energy for hydrogen production), liquefaction, transmission, distribution, storage, and use (including use of hydrogen in surface transportation); and ``(3) survey private sector hydrogen activities and take steps to ensure that research and development activities under this section do not displace or compete with the privately funded hydrogen research and development activities of United States industry. ``(c) The Secretary is authorized to evaluate any reasonable new or improved technology, including basic research on highly innovative energy technologies, that could lead or contribute to the development of economic hydrogen production, storage, and utilization. ``(d) The Secretary is authorized to evaluate any reasonable new or improved technology that could lead or contribute to, or demonstrate the use of, advanced renewable energy systems or hybrid systems for use in isolated communities that currently import diesel fuel as the primary fuel for electric power production. ``(e) The Secretary is authorized to arrange for tests and demonstrations and to disseminate to researchers and developers information, data, and other materials necessary to support the research and development activities authorized under this section and other efforts authorized under this chapter, consistent with section 106 of this Act. ``(f) The Secretary shall carry out the research and development activities authorized under this section only through the funding of research and development proposals submitted by interested persons according to such procedures as the Secretary may require and evaluate on a competitive basis using peer review. Suchfunding shall be in the form of a grant agreement, procurement contract, or cooperative agreement (as those terms are used in chapter 63 of title 31, United States Code). ``(g) The Secretary shall not consider a proposal submitted by a person from industry unless the proposal contains a certification that reasonable efforts to obtain non-Federal funding for the entire cost of the project have been made, and that such non-Federal funding could not be reasonably obtained. As appropriate, the Secretary shall require a commitment from non-Federal sources of at least 50 percent of the cost of the development portion of such a proposal. ``(h) The Secretary shall not carry out any activities under this section that unnecessarily duplicate activities carried out elsewhere by the Federal Government or industry. ``(i) The Secretary shall establish, after consultation with other Federal agencies, terms and conditions under which Federal funding will be provided under this chapter that are consistent with the Agreement on Subsidies and Countervailing Measures referred to in section 101(d)(12) of the Uruguay Round Agreement Act (19 U.S.C. 3511(d)(12)).''. (b)(1) Section 2026(a) of the Energy Policy Act of 1992 (42 U.S.C. 13436(a)) is amended by striking ``, in accordance with sections 3001 and 3002 of this Act,''. (2) Effective October 1, 1998, section 2026 of the Energy Policy Act of 1992 (42 U.S.C. 13436) is repealed. SEC. 104. DEMONSTRATIONS. Section 105 of Public Law 101-566 (42 U.S.C. 12404) is amended by adding at the end the following new subsection: ``(c) The Secretary shall require a commitment from non-Federal sources of at least 50 percent of the cost of any demonstration conducted under this section.''. SEC. 105. TECHNOLOGY TRANSFER. Section 106(b) of Public Law 101-566 (42 U.S.C. 12405(b)) is amended by adding to the end of the subsection the following: ``The Secretary shall also foster the exchange of generic, nonproprietary information and technology, developed pursuant to this chapter, among industry, academia, and the Federal Government, to help the United States economy attain the economic benefits of this information and technology.''. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. Section 109 of Public Law 101-566 (42 U.S.C. 12408) is amended-- (1) by striking ``to other Acts'' and inserting ``under other Acts''; (2) by striking ``and'' from the end of paragraph (2); (3) by striking the period from the end of paragraph (3) and inserting ``;''; and (4) by adding at the end of the section the following: ``(4) $14,500,000 for fiscal year 1996; ``(5) $20,000,000 for fiscal year 1997; ``(6) $25,000,000 for fiscal year 1998; ``(7) $30,000,000 for fiscal year 1999; ``(8) $35,000,000 for fiscal year 2000; and ``(9) $40,000,000 for fiscal year 2001.''. TITLE II--FUEL CELLS SEC. 201. INTEGRATION OF FUEL CELLS WITH HYDROGEN PRODUCTION SYSTEMS. (a) Not later than 180 days after the date of enactment of this section, and subject to the availability of appropriations made specifically for this section, the Secretary of Energy shall solicit proposals for projects to prove the feasibility of integrating fuel cells with-- (1) photovoltaic systems for hydrogen production; or (2) systems for hydrogen production from solid waste via gasification or steam reforming. (b) Each proposal submitted in response to the solicitation under this section shall be evaluated on a competitive gas is using peer review. The Secretary is not required to make an award under this section in the absence of a meritoriousproposals. (c) The Secretary shall give preference, in making an award under this section, to proposals that-- (1) are submitted jointly from consortia including academic institutions, industry, State or local governments, and Federal laboratories; and (2) reflect proven experience and capability with technologies relevant to the systems described in subsections (a)(1) and (a)(2). (d) In the case of a proposal involving development or demonstration, the Secretary shall require a commitment from non- Federal sources of at least 50 percent of the cost of the development or demonstration portion of the proposal. (e) The Secretary shall establish, after consultation with other Federal agencies, terms and conditions under which Federal funding will be provided under this title that are consistent with the Agreement on Subsidies and Countervailing Measures referred to in section 101(d)(12) of the Uruguay Round Agreement Act (19 U.S.C. 3511(d)(12)). SEC. 202. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated, for activities under this section, a total of $50,000,000 for fiscal years 1997 and 1998, to remain available until September 30, 1999. TITLE III--DOE SCIENTIFIC AND TECHNICAL PROGRAM QUALITY SEC. 301. TEMPORARY APPOINTMENTS FOR SCIENTIFIC AND TECHNICAL EXPERTS IN DEPARTMENT OF ENERGY RESEARCH AND DEVELOPMENT PROGRAMS. (a) The Secretary, utilizing authority under other applicable law and the authority of this section, may appoint for a limited term, or on a temporary basis, scientists, engineers, and other technical and professional personnel on leave of absence from academic, industrial, or research institutions to work for the Department. (b) The Department may pay, to the extent authorized for certain other Federal employees by section 5723 of title 5, United States Code, travel expenses for any individual appointed for a limited term or on a temporary basis and transportation expenses of his or her immediate family and his or her household goods and personal effects from that individual's residence at the time of selection or assignment to his or her duty station. The Department may pay such travel expenses to the same extent for such an individual's return to the former place of residence from his or her duty station, upon separation from the Federal service following an agreed period of service. The Department may also pay a per diem allowance at a rate not to exceed the daily amounts prescribed under section 5702 of title 5 to such an individual, in lieu of transportation expenses of the immediate family and household goods and personal effects, for the period of his or her employment with the Department. Notwithstanding any other provision of law, the employer's contribution to any retirement, life insurance, or health benefit plan for an individual appointed for a term of one year or less, which could be extended for no more than one additional year, may be made or reimbursed from appropriations available to the Department. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Hydrogen Title II: Fuel Cells Title III: DOE Scientific and Technical Program Quality Hydrogen Future Act of 1996 - Title I: Hydrogen - Amends the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to replace its mandate for a comprehensive five-year program management plan for hydrogen research with a mandate that the Secretary of Energy conduct a research and development program relating to hydrogen production, storage, transportation, and use, with the goal of enabling the private sector to demonstrate the technical feasibility of using hydrogen for industrial, residential, transportation, and utility applications. Requires a detailed progress report to the Congress, including recommendations of the Hydrogen Technical Advisory Panel. (Sec. 103) Amends the Energy Policy Act of 1992 to repeal the mandate for a renewable hydrogen energy program, effective October 1, 1998. (Sec. 104) Amends the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 to direct the Secretary to require a commitment from non-Federal sources of at least 50 percent of demonstration costs. (Sec. 105) Directs the Secretary to foster the exchange of generic, nonproprietary information and technology, developed pursuant to the Act, among industry, academia, and the Federal Government to help the United States economy attain the economic benefits of the relevant information and technology. (Sec. 106) Authorizes appropriations for FY 1996 through 2001. Title II: Fuel Cells - Instructs the Secretary to solicit proposals for projects to prove the feasibility of integrating fuel cells with: (1) photovoltaic systems for hydrogen production; or (2) systems for hydrogen production from solid waste via gasification or steam reforming. Mandates proposal evaluation on a competitive basis using peer review. Prescribes proposal review guidelines. (Sec. 202) Authorizes appropriations for FY 1997 and 1998, to remain available until September 30, 1999. Title III: DOE Scientific and Technical Program Quality - Authorizes the Secretary to appoint scientific, technical, and professional personnel on leave of absence from academic, industrial, or research institutions to work for DOE for a limited term, or on a temporary basis. Sets forth compensation guidelines.

Hydrogen Future Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teleworking Advancement Act''. SEC. 2. CREDIT FOR TELEWORKING. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by inserting after section 30A the following new section: ``SEC. 30B. TELEWORK CREDIT. ``(a) General Rule.--There shall be allowed as a credit against the tax imposed by this chapter for any taxable year an amount equal to the sum of-- ``(1) the employer telework tax credit, plus ``(2) the telework equipment tax credit. ``(b) Employer Telework Tax Credit; Telework Equipment Tax Credit.--For purposes of this section-- ``(1) Employer telework tax credit.--Except as provided for in subsection (c)(1), the employer telework tax credit for any taxable year is equal to $500 for each employee who participates in an employer sponsored telework arrangement during the taxable year. ``(2) Telework equipment tax credit.--Except as provided for in subsection (c)(2), the telework equipment tax credit for any taxable year is equal to 10 percent of qualified telework expenses paid or incurred during the taxable year by either the employer on behalf of the employee, or directly by the employee, pursuant to an employer sponsored telework arrangement. ``(c) Special Rule for Disabled Employees and Employees of Small Businesses.--For purposes of this section: ``(1) For each employee who is covered under the Americans with Disabilities Act of 1990 (42 U.S.C. 1201), or for each employee of a small business, the employer telework tax credit for any taxable year is equal to $1,000 for each employee who participates in an employer sponsored telework arrangement during the taxable year. ``(2) For each employee who is covered under the Americans with Disabilities Act of 1990 (42 U.S.C. 1201), or for each employee of a small business, the telework equipment tax credit for any taxable year is equal to 20 percent of qualified telework expenses paid or incurred during the taxable year by either the employer on behalf of the employee, or directly by the employee, pursuant to an employer sponsored telework arrangement. ``(d) Credit Adjustments and Limitations.-- ``(1) Credit adjustments.--In computing the credit allowed under subsection (b)(1) or (c)(1) for any taxable year, the following adjustments shall apply: ``(A) In the case of an employee who participates in an employer sponsored telework arrangement for less than the full taxable year, the credit amount identified in subsection (b)(1) or (c)(1), whichever is applicable, shall be multiplied by a fraction, the numerator of which is the total number of months in the taxable year that the employee participates in an employer sponsored telework arrangement and the denominator of which is 12. For purposes of the preceding sentence, an employee is considered to be participating in an employer sponsored telework arrangement for a month if the employee teleworks for at least one full day of such month. ``(B) In the case of an employee who participates in an employer sponsored telework arrangement but does not telework every day of the taxable year that the employee is required by his or her employer to work, the credit amount identified in subsection (b)(1) or (c)(1), whichever is applicable, shall be multiplied by a fraction, the numerator of which is the total number of full days in the taxable year that the employee teleworks and the denominator of which is the total number of days in the taxable year that the employee is required by his or her employer to work. ``(2) Telework equipment credit limitations.-- ``(A) In computing the credit allowed under subsection (b)(2) for any taxable year, the following limitations shall apply: ``(i) The maximum credit claimed by any employer with respect to qualified telework expenses paid or incurred on behalf of an employee shall not exceed $500 for each employee who participates in an employer sponsored telework arrangement. ``(ii) The maximum credit claimed by any employee with respect to qualified telework expenses paid or incurred directly by the employee pursuant to an employer sponsored telework arrangement shall not exceed $500. ``(B) In computing the credit allowed under subsection (c)(2) for any taxable year with respect to employees who are covered under the Americans with Disabilities Act of 1990 (42 U.S.C. 1201), or for each employee of a small business, the following limitations shall apply: ``(i) The maximum credit claimed by any employer with respect to qualified telework expenses paid or incurred on behalf of an employee shall not exceed $1,000 for each employee who participates in an employer sponsored telework arrangement. ``(ii) The maximum credit claimed by any employee with respect to qualified telework expenses paid or incurred directly by the employee pursuant to an employer sponsored telework arrangement shall not exceed $1,000. ``(e) Definitions.--For purposes of this section-- ``(1) Employer sponsored telework arrangement.--The term `employer sponsored telework arrangement' means an arrangement established by an employer that enables employees of the employer to telework for a minimum of 25 full days per taxable year. Such an arrangement shall be supported by a written agreement between the employer and each teleworking employee that describes the terms of the employer sponsored telework arrangement. ``(2) Qualified telework expenses.-- ``(A) In general.--The term `qualified telework expenses' shall include expenses paid or incurred for computers, computer-related hardware and software, modems, data processing equipment, telecommunications equipment, and access to Internet or broadband technologies, including applicable taxes and other expenses for the delivery, installation, or maintenance of such equipment. ``(B) Only certain expenses taken into account.-- Expenses shall be taken into account under subparagraph (A) only to the extent they are authorized by the employer pursuant to an employer sponsored telework arrangement and are necessary to enable the employee to telework. ``(3) Small business.--The term `small business' means a business with an average of 100 or fewer employees during the taxable year. ``(4) Telework.--An employee shall be treated as engaged in telework if-- ``(A) the employee's normal and regular work functions are performed at a fixed location provided by the employer, ``(B)(i) the employee, under an employer sponsored telework arrangement, performs such functions at the employee's residence or at a location specifically designed to allow employees to perform such functions closer to their residence, and ``(ii) the performance of such functions at such residence or location eliminates or substantially reduces the physical commute of the employee to the fixed location described in subparagraph (A), and ``(C) the employee transmits by electronic or other communications medium the employee's work product from such residence or location to the fixed location where such functions would otherwise have been performed. ``(f) Special Rules.-- ``(1) Limitation based on amount of tax.-- ``(A) Liability for tax.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(i) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(ii) the tentative minimum tax for the taxable year. ``(B) Carryforward of unused credit.--If the amount of the credit allowable under subsection (a) for any taxable year exceeds the limitation under paragraph (1)(A) for the taxable year, the excess shall be carried to the succeeding taxable year and added to the amount allowable as a credit under subsection (a) for such succeeding taxable year. ``(2) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to paragraph (1)). ``(3) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(4) Property used outside united states, etc., not qualified.--No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b) or with respect to the portion of the cost of any property taken into account under section 179. ``(5) Election not to take credits.--No credits shall be allowed under subsection (a) for any expense if the taxpayer elects to not have this section apply with respect to such expense. ``(6) Denial of double benefit.--No deduction or credit (other than under this section) shall be allowed under this chapter with respect to any expense which is taken into account in determining the credit under this section. ``(7) Documentation.--Employers and employees are responsible for maintaining adequate documentation to support any credits claimed under this section.'' (b) Conforming Amendment.--Subsection (a) of section 1016 of the Internal Revenue Code of 1986 (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by adding at the end the following: ``(29) in the case of property with respect to which a credit was allowed under section 30B, to the extent provided in section 30B(f)(2).'' (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Telework credit.'' (d) Regulatory Matters.-- (1) Prohibition.--No Federal or State agency or instrumentality shall adopt regulations or ratemaking procedures that would have the effect of confiscating any credit or portion thereof allowed under sections 30B of the Internal Revenue Code of 1986 (as added by this Act) or otherwise subverting the purpose of this Act. (2) Treasury regulatory authority.--It is the intent of Congress in providing the telework tax credit under section 30B of the Internal Revenue Code of 1986 (as added by this Act) to promote broad participation in employer sponsored telework arrangements by providing incentives to both employers and employees. Accordingly, the Secretary of the Treasury shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of section 30B of such Code, including regulations describing the information, records, and data that employers and employees are required to provide the Secretary to substantiate compliance with the requirements of this section and section 30B of such Code. Until the Secretary prescribes such regulations, employers and employees may base such determinations on any reasonable method that is consistent with the purposes of section 30B of such Code. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. SEC. 3. SMALL BUSINESS TELECOMMUTING PILOT PROGRAM. (a) In General.--In accordance with this section, the Administrator shall conduct, in not more than 5 of the Small Business Administration's regions, a pilot program to raise awareness about telecommuting among small business employers and to encourage such employers to offer telecommuting options to employees. (b) Special Outreach to Individuals With Disabilities.--In carrying out subsection (a), the Administrator shall make special efforts to do outreach to-- (1) businesses owned by or employing individuals with disabilities, and disabled American veterans in particular; (2) Federal, State, and local agencies having knowledge and expertise in assisting individuals with disabilities or disabled American veterans; and (3) any group or organization, the primary purpose of which is to aid individuals with disabilities or disabled American veterans. (c) Permissible Activities.--In carrying out the pilot program, the Administrator may only-- (1) produce educational materials and conduct presentations designed to raise awareness in the small business community of the benefits and the ease of telecommuting; (2) conduct outreach-- (A) to small business concerns that are considering offering telecommuting options; and (B) as provided in subsection (b); and (3) acquire telecommuting technologies and equipment to be used for demonstration purposes. (d) Selection of Regions.--In determining which regions will participate in the pilot program, the Administrator shall give priority consideration to regions in which Federal agencies and private-sector employers have demonstrated a strong regional commitment to telecommuting. (e) Report to Congress.--Not later than 2 years after the first date on which funds are appropriated to carry out this section, the Administrator shall transmit to the Committee on Small Business of the House of Representatives and the Committee on Small Business of the Senate a report containing the results of an evaluation of the pilot program and any recommendations as to whether the pilot program, with or without modification, should be extended to include the participation of all Small Business Administration regions. (f) Definitions.--In this section-- (1) the term ``Administrator'' means the Administrator of the Small Business Administration; (2) the term ``disability'' has the same meaning as in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102); (3) the term ``pilot program'' means the program established under this section; and (4) the term ``telecommuting'' means the use of telecommunications to perform work functions under circumstances which reduce or eliminate the need to commute. (g) Termination.--The pilot program shall terminate 2 years after the first date on which funds are appropriated to carry out this section. (h) Authorization of Appropriations.--There is authorized to be appropriated to the Small Business Administration $5,000,000 to carry out this section.

Teleworking Advancement Act - Amends the Internal Revenue Code to allow a tax credit to employers of up to $500 annually for each employee participating in an employer-sponsored telework arrangement. Allows a tax credit for telework equipment expenses, as specified.Directs the Administrator of the Small Business Administration to conduct a pilot program promoting telecommuting among small business employers, with special outreach to individuals with disabilities.

A bill to amend the Internal Revenue Code of 1986 to promote employer and employee participation in telework arrangements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Significant Regulation Oversight Act of 2001''. SEC. 2. FINDING AND PURPOSE. (a) Finding.--The Congress finds that oversight of significant rules will be enhanced if they are subject to congressional review and approval after being proposed by an agency. (b) Purpose.--The purpose of this Act is to ensure that before a significant rule takes effect-- (1) Congress is given an adequate opportunity to review the rule and ensure that it is in accordance with the intent of Congress in enacting the law under which the rule is proposed; and (2) Congress approves the rule in accordance with the procedures established by this Act. SEC. 3. REVIEW OF SIGNIFICANT RULES BY CONGRESS. (a) Congressional Approval of Significant Rules Required.--A significant rule shall not take effect before the date of the enactment of a joint resolution described in section 4(a) comprised solely of the text of the significant rule. (b) Reporting and Review of Significant Rules.--(1) Before a proposed significant rule would take effect as a final rule, the agency proposing the rule shall submit to each House of Congress a report containing the following: (A) A copy of the proposed significant rule. (B) A concise summary of the proposed significant rule, its purpose, and anticipated effects. (C) A complete copy of any cost-benefit analysis report that has been prepared by the agency with respect to the proposed significant rule. (D) An explanation of the specific statutory interpretation under which a rule is proposed, including an explanation of-- (i) whether the interpretation is expressly required by the text of the statute; or (ii) if the interpretation is not expressly required by the text of the statute, an explanation that the interpretation is within the range of permissible interpretations of the statute as identified by the agency, and an explanation why the interpretation selected by the agency is the agency's preferred interpretation. (E) Any other relevant information or requirements under any other Act and any relevant Executive order. (2) Upon receipt of a report under paragraph (1), each House of Congress shall provide a copy of the report to the Chairman and ranking minority party member of each committee with jurisdiction over the subject matter of the report. (c) No Inference To Be Drawn Where Congress Fails To Approve.--If Congress fails to enact a joint resolution approving a proposed significant rule, no court or agency may infer any intent of Congress from any action or inaction of Congress with regard to such rule or any related statute. SEC. 4. CONGRESSIONAL APPROVAL PROCEDURE FOR SIGNIFICANT RULES. (a) Introduction.--The majority leader of each House of the Congress shall introduce (by request) a joint resolution comprised solely of the text of a proposed significant rule not later than 3 session days in the Senate or 3 legislative days in the House of Representatives after the date on which an agency submits a report under section 3(b) containing the text of the proposed significant rule. If the joint resolution is not introduced in either House as provided in the preceding sentence, then any Member of that House may introduce the joint resolution. (b) Referral and Consideration.--(1) The joint resolution shall be referred to the appropriate committee of the House in which it is introduced. The committee may report the joint resolution without substantive revision and with or without recommendation or with an adverse recommendation, or the committee may vote not to report the joint resolution. If the committee votes to order the joint resolution reported, it shall be reported not later than the end of the period (not to exceed 45 session days in the Senate or 45 legislative days in the House of Representatives) established for consideration of the joint resolution by the Speaker of the House of Representatives or the majority leader of the Senate, as the case may be. Except in the case of a joint resolution which a committee votes not to report, a committee failing to report a joint resolution within such period shall be automatically discharged from consideration of the joint resolution, and it shall be placed on the appropriate calendar. (2) A vote on final passage of the joint resolution shall be taken in that House on or before the close of the 90th session day in the Senate or 90th legislative day in the House of Representatives after the date of the introduction of the joint resolution in that House. (3)(A) A motion in the House of Representatives to proceed to the consideration of a joint resolution under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (B) Debate in the House of Representatives on a joint resolution under this section shall be limited to not more than 4 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a joint resolution under this section or to move to reconsider the vote by which the joint resolution is agreed to or disagreed to. (C) All appeals from the decisions of the chair relating to the application of the Rules of the House of Representatives to the procedure relating to a joint resolution under this section shall be decided without debate. (D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a joint resolution under this section shall be governed by the Rules of the House of Representatives applicable to other joint resolutions in similar circumstances. (4)(A) A motion in the Senate to proceed to the consideration of a joint resolution under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (B) Debate in the Senate on a joint resolution under this section, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (C) Debate in the Senate on any debatable motion or appeal in connection with a joint resolution under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the joint resolution, except that in the event the manager of the joint resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. (D) A motion in the Senate to further limit debate on a joint resolution under this section is not debatable. A motion to recommit a joint resolution under this section is not in order. (c) Amendments Prohibited.--No amendment to a joint resolution considered under this section shall be in order in either the House of Representatives or the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House for the presiding officer to entertain a request to suspend the application of this subsection by unanimous consent. (d) Treatment if the Other House Has Acted.--If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a) comprised of the same text, then-- (1) the procedure in that House shall be the same as if no joint resolution had been received from the other House, and (2) the vote on final passage shall be on the joint resolution of the other House. (e) Constitutional Authority.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 5. EXISTING RULES. (a) In General.--Any existing rule may be revised or revoked in accordance with this section if a petition for review so requests. (b) Introduction.--If a petition for review is filed with the Clerk of the House of Representatives or the Secretary of the Senate, the Clerk or the Secretary shall determine whether the petition meets the requirements of subsection (d). If the Clerk or the Secretary determines that a petition meets those requirements, he or she shall notify the majority leader of that House. The majority leader so notified shall, within 3 session days in the Senate or 3 legislative days in the House of Representatives, introduce a joint resolution (by request) that makes the revision or revocation of existing rules proposed by the petition upon the enactment of that joint resolution. If the joint resolution is not introduced as provided in the preceding sentence, then any Member of that House may introduce the joint resolution. (c) Procedures for Consideration in the House of Representatives and the Senate.--Any joint resolution introduced under subsection (b) shall be considered in the House of Representatives and the Senate in accordance with the procedures respecting a joint resolution set forth in section 4. (d) Petitions for Review.--A petition for review under subsection (a) shall contain the following: (1) Any rule affected by the petition and the contents of that rule as it would exist if a joint resolution revising or revoking that rule pursuant to the petition were enacted. (2) For a petition in the Senate, the signatures of 30 Senators, or for a petition in the House of Representatives, the signatures of 120 Members. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code (relating to administrative procedure). (2) Session day and legislative day.--The terms ``session day'' and ``legislative day'' do not include, with respect to a House of the Congress, any day throughout which that House is not in session. (3) Rule.--(A) The term ``rule'' has the meaning given such term by section 551 of title 5, United States Code, except that such term does not include-- (i) any rule of particular applicability including a rule that approves or prescribes-- (I) future rates, wages, prices, services, or allowances therefor, (II) corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or (III) accounting practices or disclosures bearing on any of the foregoing, or (ii) any rule of agency organization, personnel, procedure, practice, or any routine matter. (B) The term ``final rule'' means any final rule or interim final rule. (4) Significant rule.--The term ``significant rule'' means any rule proposed by an agency that is specified or described as such in the Act that authorizes the rule. SEC. 7. EXEMPTION FOR MONETARY POLICY. Nothing in this Act applies to any rule concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.

Significant Regulation Oversight Act of 2001 - Prohibits a significant rule from taking effect before the enactment of a joint resolution described in this Act comprising solely of the text of such rule. Calls for congressional reporting and review of significant rules before they take effect as final rules.Provides that, if Congress fails to enact a joint resolution approving the proposed rule, no court or agency may infer any intent of Congress from any action or inaction with regard to such rule or any related statute.Sets forth: (1) the congressional approval procedure for significant rules; and (2) provisions with respect to revising or revoking an existing rule.Exempts from this Act rules concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.

To require congressional approval of proposed rules designated by the Congress to be significant.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Harriet `Moses' Tubman Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) An integral part of the fight for abolition of slavery, Harriet Tubman, was born into slavery as Araminta ``Minty'' Harriet Ross in Dorchester County, Maryland, to Harriet ``Rit'' Green and Ben Ross. (2) Neither an exact year nor exact location of her birth is known as is the case with many slaves in the United States, but historians estimate her birth year to be around 1820. (3) Araminta's hardships began early with the fracturing of her family as three of her eight siblings were sold to distant plantations in addition to enduring physical violence that caused permanent injuries from: scars, seizures, headaches, and narcoleptic episodes with intense dream states. (4) Many historians believe that the story of Araminta's mother, Rit, hiding her younger brother ``Moses'' with the aid of other slaves and free blacks in the community from a Georgia slave trader to be the pivotal example of resistance that would drive her actions in the future. (5) Furthermore, the meaning of freedom was ambiguous and unsecure as Araminta's father, Ben, through an act of manumission in a former owner's will was technically freed at the age of 45. (6) Despite Ben's freedom and the manumission stipulations that applied to his wife and their children, Ben held little clout to challenge the owners that chose not to free his family and had no choice but to continue working for his former owners. (7) Around 1844, Araminta married a freedman named John Tubman, took her mother's first name Harriet, and began planning her escape from slavery. (8) In the cover of night guided by the North Star, Harriet escaped by traveling nearly 90 miles to Pennsylvania in 1849 by means of the Underground Railroad, a well-organized network guided by White abolitionists, freed, and enslaved Blacks. (9) The following year, the U.S. Congress passed the Fugitive Slave Law of 1850 that called for both ``slave'' and ``free'' States' law enforcement to report runaway slaves for capture. (10) Nevertheless, Harriet did not yield to the growing danger and risked her own newly acquired freedom to return to free her family and other slaves while redirecting the Underground Railroad to Canada, which prohibited slavery. (11) Harriet's leadership and courage earned her the nickname of ``Moses'' as she facilitated the freedom of many slaves and would also encounter other historical figures such as abolitionist John Brown and likely Frederick Douglass. (12) During the Civil War, Harriet would have many roles working for the Union Army which included using her experience to act as an armed scout and spy. (13) Harriet was the first woman in the Civil War to lead an armed expedition, which liberated more than 700 slaves during the Combahee River Raid in South Carolina earning her the moniker ``General Tubman''. (14) In 1859, Republican abolitionist U.S. Senator William H. Seward sold Harriet a piece of land on the outskirts of Auburn, New York. (15) Harriet's home in Auburn would remain her haven for family and friends following the war with a portion of the property donated to the African Methodist Episcopal Church where the Harriet Tubman Home for the Aged opened in 1908. (16) Harriet's efforts for equality did not cease as she became an advocate to the cause of women's suffrage. (17) In 1913, Harriet's death was commemorated with military honors at Fort Hill Cemetery in Auburn, New York. (18) In 2014, President Barack Obama signed into law the National Defense Authorization Act for 2015, which included a provision establishing a Harriet Tubman National Historical Park. (19) It is befitting that Congress bestow the highest civilian honor, the Congressional Gold Medal, to Harriet ``Moses'' Tubman, posthumously in honor of her work on behalf of civil rights, her selflessness, resilience to adversity, and actions during the Civil War that would save the lives of hundreds. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Harriet Tubman, in recognition of her contributions and lifelong commitment in the fight for freedom of enslaved men, women, and children in the United States. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Award of Medal.--Following the award of the gold medal in commemoration of Harriet Tubman under subsection (a), the medal shall be given to the Harriet Tubman National Historical Park in Auburn, New York, her final resting place, where it shall be available for display or temporary loan to be displayed elsewhere, as appropriate. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

Harriet "Moses" Tubman Congressional Gold Medal Act Authorizes the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous presentation of a Congressional Gold Medal in commemoration of Harriet Tubman in recognition of her contributions and lifelong commitment in the fight for freedom of enslaved men, women, and children in the United States. Requires the medal, following its award, to be given to the Harriet Tubman National Historical Park in Auburn, New York, for display there or for temporary display elsewhere.

Harriet "Moses" Tubman Congressional Gold Medal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding DHS Overseas Passenger Security Screening and Vetting Operations Act''. SEC. 2. COMPREHENSIVE STRATEGY AND IMPLEMENTATION PLAN FOR DHS OPERATIONS ABROAD. (a) Strategy.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a comprehensive five-year strategy for existing and future international programs. (2) Contents.--The strategy required under paragraph (1) shall include, at a minimum, the following: (A) Specific Department of Homeland Security strategic risk-based priorities for implementing international programs. (B) A risk-based method for determining whether to establish new international programs or expand existing international programs to new locations, given resource constraints. (C) A mechanism to ensure alignment of resource allocations on international programs with the highest Department-wide and Government-wide strategic priorities. (D) A common reporting framework for the submission of reliable, comparable cost data by components of the Department on overseas expenditures attributable to international programs. (3) Considerations.--In developing the strategy required under paragraph (1), the Secretary of Homeland Security shall consider, at a minimum, the following: (A) Existing operations of international programs, together with specific information on the locations in which each such program operates. (B) The number of Department personnel deployed to each location at which an international program referred to in subparagraph (A) is in operation during the current and preceding fiscal year. (C) Analysis of the impacts of each international program on domestic operations of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, as the case may be, including staffing levels and the availability of resources. (D) Analysis of opportunities and barriers to a regional approach and coordination with partner governments on international law enforcement efforts abroad in line with Department-wide and United States Government-wide priorities. (E) Analysis of barriers to international program expansion. (F) Relevant Department strategy documents, including the Quadrennial Homeland Security Review and component strategies. (b) Implementation Plans.-- (1) In general.--The Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, on an annual basis, an implementation plan based on the strategy required under subsection (a) for the following fiscal year. Each such plan shall be submitted with the President's budget request for the next fiscal year through fiscal year 2022, except that the first such plan may be submitted together with the President's budget request for the next fiscal year or 180 days after submission of the strategy, whichever is later. (2) Contents.--Each implementation plan required under paragraph (1) shall include, at a minimum, the following: (A) Information, specified on a location-by- location basis, on each international program, including an explanation of program goals and requirements. (B) Information on planned deployments of Department personnel for each international program referred to in subparagraph (A), specified on a location-by-location basis, together with an accounting of resource and personnel allocation required per program per location. (C) A plan to ensure Department personnel deployed at locations outside the United States have appropriate oversight and support to ensure performance in support of program and departmental goals. (D) Mechanisms for cross-component operations, coordination, and communication abroad. (3) Format.--The implementation plan required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex if the Secretary of Homeland Security determines that such is appropriate. SEC. 3. U.S. CUSTOMS AND BORDER PROTECTION STAFFING EXPANSION. (a) In General.--The Commissioner of U.S. Customs and Border Protection shall-- (1) by not later than September 30, 2017, increase by 1,000 the number of U.S. Customs and Border Protection officers and 300 the number of U.S. Customs and Border Protection Agriculture Specialists over the number of such officers and Specialists, respectively, for fiscal year 2016; and (2) by not later than September 30, 2018, increase by 1,000 the number of U.S. Customs and Border Protection officers and 300 the number of U.S. Customs and Border Protection Agriculture Specialists over the number of such officers and Specialists, respectively, for fiscal year 2017. (b) Periodic Reporting.--The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall provide to the Committee on Homeland Security of the House of Representatives or the Committee on Homeland Security and Governmental Affairs of the Senate, upon request by either of such committees, information on the status of efforts to implement the requirements of subsection (a), including information on any impediments to such implementation. SEC. 4. VISA SECURITY PROGRAM EXPANSION. (a) Deployment Plan.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan for expanding, by not later than five years after the date of the enactment of this Act, the Visa Security Program in a risk- based manner to not fewer than 50 United States diplomatic and consular posts that issue visas. Such a plan shall include a prioritized list of such visa issuing posts based on the following: (1) Risk and volume. (2) The number of personnel necessary to operate each such post. (3) The expected costs of establishing and operating each such post. (4) Any potential security concerns regarding each such post. (b) Periodic Reporting.--The Secretary of Homeland Security shall provide to the Committee on Homeland Security of the House of Representatives or the Committee on Homeland Security and Governmental Affairs of the Senate, upon request by either of such committees, information on the status of efforts to implement the requirements of subsection (a), including information on any impediments to such implementation. SEC. 5. PRE-ADJUDICATED THREAT RECOGNITION AND INTELLIGENCE OPERATIONS TEAM (PATRIOT) PROGRAM EXPANSION. (a) Deployment Plan.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan for deploying the Department of Homeland Security's Pre- Adjudicated Threat Recognition and Intelligence Operations Team (PATRIOT) program to not fewer than 50 United States diplomatic and consular posts that issue visas, based on risk and volume, the minimum number of personnel necessary to operate each such post, the estimated costs of establishing and operating each such post, any potential security concerns for each such post, and anticipated timelines for deployment. Such plan shall include, at a minimum, the locations of visa issuing posts to be covered, an accounting of the technology, infrastructure, and personnel necessary to carry out deployment and operation of the PATRIOT program at such posts, and the estimated costs to deploy and operate such program. (b) Implementation.--The Secretary of Homeland Security shall implement the plan required under subsection (a) to ensure the PATRIOT program referred to in such subsection is being utilized to vet all visa applications, to the maximum extent practicable, at each United States diplomatic and consular post that issues visas to which such program has been expanded. (c) Periodic Reporting.--The Secretary of Homeland Security shall provide to the Committee on Homeland Security of the House of Representatives or the Committee on Homeland Security and Governmental Affairs of the Senate, upon request by either of such committees, information on the status of efforts to implement the requirements of this section, including information on any impediments to such implementation. SEC. 6. IMMIGRATION COOPERATION PROGRAM AUTHORIZATION. (a) In General.--Subtitle B of title IV of the Homeland Security Act of 2002 is amended by inserting after section 415 the following new section: ``SEC. 416. IMMIGRATION COOPERATION PROGRAM. ``There is established within U.S. Customs and Border Protection a program to be known as the `Immigration Cooperation Program'. Under such Program, U.S. Customs and Border Protection Officers, pursuant to an arrangement with a foreign country, may cooperate with foreign authorities, air carriers, and security employees at foreign airports to identify persons who may be inadmissible to the United States or otherwise pose a risk to the security of the United States.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 415 the following new item: ``Sec. 416. Immigration Cooperation Program.''. SEC. 7. INTERNATIONAL TRUSTED TRAVELER PROGRAMS MODERNIZATION. Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a plan for expanding participation in trusted traveler programs administered by U.S. Customs and Border Protection. Such plan shall include the following: (1) A strategy for increasing outreach to and awareness among the members of the traveling public regarding trusted traveler programs, requirements, and benefits. (2) An analysis of any barriers to expansion of trusted traveler programs. (3) An assessment of possible impacts on U.S. Customs and Border Protection staffing and resource requirements as a result of increased participation in trusted traveler programs. (4) An assessment of measures utilized to address potential risks or vulnerabilities of trusted traveler programs, including resulting from increased enrollment. (5) An analysis of the facilitation and security benefits from increased participation in trusted traveler programs. SEC. 8. SECURITY VETTING FOR NONIMMIGRANT VISAS EVALUATION. Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the adequacy and appropriateness of the security screening process for each United States nonimmigrant visa category. Such review shall include the processes for determining visa eligibility, including security screening and background checks, and coordination among relevant agencies. SEC. 9. DEFINITION. In this Act, the term ``international program'' means an international program or operation of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement targeted at vetting and screening persons seeking to enter the United States in which Department of Homeland Security personnel and resources are deployed abroad. SEC. 10. AUTHORIZATION OF FUNDING. There is authorized to be appropriated $250,000,000 for each of fiscal years 2017 and 2018 to carry out this Act and the amendment made by this Act.

Expanding DHS Overseas Passenger Security Screening and Vetting Operations Act This bill requires the Department of Homeland Security (DHS) to report to Congress: a comprehensive five-year strategy for international programs or operations of U.S. Customs and Border Protection (CBP) or U.S. Immigration and Customs Enforcement that are targeted at vetting and screening persons seeking to enter the United States and in which DHS personnel and resources are deployed abroad; annually with the President's budget request for each fiscal year through FY2022, an implementation plan based on such strategy; a plan for expanding, within five years, the Visa Security Program in a risk-based manner, and a plan for deploying the Pre-Adjudicated Threat Recognition and Intelligence Operations Team program, to at least 50 U.S. diplomatic and consular posts that issue visas; and a plan for expanding participation in trusted traveler programs. CBP shall increase the numbers of CBP officers and Agriculture Specialists for each of FY2017-FY2018. The bill amends the Homeland Security Act of 2002 to establish within CBP the Immigration Cooperation Program, under which CBP may cooperate with foreign authorities, air carriers, and security employees at foreign airports to identify persons who may be inadmissible to the United States or otherwise pose a risk to U.S. security. The Government Accountability Office shall review and report on the adequacy and appropriateness of the security screening process for each U.S. nonimmigrant visa category.

Expanding DHS Overseas Passenger Security Screening and Vetting Operations Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grants for Renewable Energy Education for the Nation Act'' or the ``GREEN Act''. SEC. 2. CLEAN ENERGY CURRICULUM DEVELOPMENT GRANTS. (a) Authorization.--The Secretary of Education is authorized to award grants, on a competitive basis, to eligible partnerships to develop programs of study (containing the information described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342)), that are focused on emerging careers and jobs in the fields of clean energy, renewable energy, energy efficiency, climate change mitigation, and climate change adaptation. The Secretary of Education shall consult with the Secretary of Labor and the Secretary of Energy prior to the issuance of a solicitation for grant applications. (b) Eligible Partnerships.--For purposes of this section, an eligible partnership shall include-- (1) at least 1 local educational agency eligible for 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 education service agency described in such section; (2) at least 1 postsecondary institution eligible for funding under section 132 of such Act (20 U.S.C. 2352); and (3) representatives of the community including business, labor organizations, and industry that have experience in fields as described in subsection (a). (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. Applications shall include-- (1) a description of the eligible partners and partnership, the roles and responsibilities of each partner, and a demonstration of each partner's capacity to support the program; (2) a description of the career area or areas within the fields as described in subsection (a) to be developed, the reason for the choice, and evidence of the labor market need to prepare students in that area; (3) a description of the new or existing program of study and both secondary and postsecondary components; (4) a description of the students to be served by the new program of study; (5) a description of how the program of study funded by the grant will be replicable and disseminated to schools outside of the partnership, including urban and rural areas; (6) a description of applied learning that will be incorporated into the program of study and how it will incorporate or reinforce academic learning; (7) a description of how the program of study will be delivered; (8) a description of how the program will provide accessibility to students, especially economically disadvantaged, low performing, and urban and rural students; (9) a description of how the program will address placement of students in nontraditional fields as described in section 3(20) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(20)); and (10) a description of how the applicant proposes to consult or has consulted with a labor organization, labor management partnership, apprenticeship program, or joint apprenticeship and training program that provides education and training in the field of study for which the applicant proposes to develop a curriculum. (d) Priority.--The Secretary shall give priority to applications that-- (1) use online learning or other innovative means to deliver the program of study to students, educators, and instructors outside of the partnership; and (2) focus on low performing students and special populations as defined in section 3(29) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(29)). (e) Peer Review.--The Secretary shall convene a peer review process to review applications for grants under this section and to make recommendations regarding the selection of grantees. Members of the peer review committee shall include-- (1) educators who have experience implementing curricula with comparable purposes; and (2) business and industry experts in fields as described in subsection (a). (f) Uses of Funds.--Grants awarded under this section shall be used for the development, implementation, and dissemination of programs of study (as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act (20 U.S.C. 2342(c)(1)(A))) in career areas related to clean energy, renewable energy, energy efficiency, climate change mitigation, and climate change adaptation. SEC. 3. RENEWABLE ENERGY FACILITIES GRANTS. (a) Authorization.--The Secretary of Education is authorized to award grants, on a competitive basis, to eligible entities to promote development of career and technical education facilities that are energy efficient and promote the use of renewable energy practices. (b) Eligible Entities.--For purposes of this section, eligible entities include-- (1) a local education agency eligible for 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 education service agency described under that section; or (2) a postsecondary institution eligible for funding under section 132 of such Act (20 U.S.C. 2352). (c) Application.--An eligible entity seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Peer Review.--The Secretary shall convene a peer review process to review applications for grants under this section and to make recommendations regarding the selection of grantees. Members of the peer review committee shall include-- (1) career and technical education administrators who have experience with energy-efficient facilities and equipment; and (2) business and industry experts who build and work in renewable energy facilities. (e) Use of Funds.--Grants awarded under this section shall be used for-- (1) performing an evaluation of the sustainability aspects of current facilities, unless such an evaluation has been conducted prior to receiving a grant under this section; (2) convening stakeholders, including organizations devoted to the promotion and support of renewable energy activities, to develop a plan to address needs identified in such an evaluation, unless such a plan has already been developed prior to receiving a grant under this section; (3) initiating activities related to the construction, operation, and improvement of facilities that promote the use of renewable energy practices; (4) purchasing energy-efficient machinery, technology, or other physical equipment used as an educational tool to deliver career and technical education courses; (5) measuring the effectiveness of the new or improved facilities and infrastructure, such as complying with existing renewable energy standards; and (6) communicating the lessons and practices learned from the building upgrades to other institutions. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of Education $100,000,000 to carry out the grant program established under this Act.

Grants for Renewable Energy Education for the Nation Act or GREEN Act - Authorizes the Secretary of Education to award competitive grants to partnerships of local educational agencies (LEAs), postsecondary institutions, and clean and renewable energy industry representatives to develop programs of study focused on emerging careers and jobs in the fields of clean and renewable energy. Requires a priority be given to grant applications that: (1) use online learning or other innovative methods to deliver a program of study to individuals outside the partnership, and (2) focus on low-performing students and special populations. Authorizes the Secretary to award competitive grants to LEAs and postsecondary institutions to promote development of career and technical educational facilities that are energy efficient and use renewable energy practices.

GREEN Act

SECTION 1. DRUG TESTING UPON ARREST. (a) In General.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended-- (1) by redesignating part Y as part Z; (2) by redesignating section 2501 as section 2601; and (3) by inserting after part X the following: ``PART Y--GRANTS FOR DRUG TESTING UPON ARREST ``SEC. 2501. GRANT AUTHORIZATION. ``The Director of the Bureau of Justice Assistance is authorized to make grants under this part to States, for the use by States and units of local government in the States, for the purpose of developing, implementing, or continuing a drug testing project when individuals are arrested and during the pretrial period and after post conviction release. ``SEC. 2502. STATE APPLICATIONS. ``(a) General Requirements.--To request a grant under this part the chief executive of a State shall submit an application to the Director in such form and containing such information as the Director may reasonably require. ``(b) Mandatory Assurances.--To be eligible to receive funds under this part, a State must agree to develop or maintain programs of urinalysis or similar drug testing of individuals upon arrest and on a regular basis pending trial for the purpose of making pretrial detention decisions. ``(c) Central Office.--The office designated under section 507 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3757)-- ``(1) shall prepare the application as required under subsection (a); and ``(2) shall administer grant funds received under this part, including review of spending, processing, progress, financial reporting, technical assistance, grant adjustments, accounting, auditing, and fund disbursement. ``SEC. 2503. LOCAL APPLICATIONS. ``(a) In General.--(1) To request funds under this part from a State, the chief executive of a unit of local government shall submit an application to the office designated under section 2502(c). ``(2) Such application shall be considered approved, in whole or in part, by the State not later than 90 days after such application is first received unless the State informs the applicant in writing of specific reasons for disapproval. ``(3) The State shall not disapprove any application submitted to the State without first affording the applicant reasonable notice and an opportunity for reconsideration. ``(4) If such application is approved, the unit of local government is eligible to receive such funds. ``(b) Distribution to Units of Local Government.--A State that receives funds under section 2501 in a fiscal year shall make such funds available to units of local government with an application that has been submitted and approved by the State within 90 days after the Bureau has approved the application submitted by the State and has made funds available to the State. The Director shall have the authority to waive the 90-day requirement in this section upon a finding that the State is unable to satisfy such requirement under State statutes. ``SEC. 2504. ALLOCATION AND DISTRIBUTION OF FUNDS. ``(a) State Distribution.--Of the total amount appropriated under this part in any fiscal year-- ``(1) 1.0 percent shall be allocated to each of the participating States; and ``(2) of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each of the participating States an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the number of individuals arrested in such State bears to the number of individuals arrested in all the participating States. ``(b) Local Distribution.--(1) A State that receives funds under this part in a fiscal year shall distribute to units of local government in such State that portion of such funds which bears the same ratio to the aggregate amount of such funds as the amount of funds expended by all units of local government for criminal justice in the preceding fiscal year bears to the aggregate amount of funds expended by the State and all units of local government in such State for criminal justice in such preceding fiscal year. ``(2) Any funds not distributed to units of local government under paragraph (1) shall be available for expenditure by such State for purposes specified in such State's application. ``(3) If the Director determines, on the basis of information available during any fiscal year, that a portion of the funds allocated to a State for such fiscal year will not be used by such State or that a State is not eligible to receive funds under this part, the Director shall award such funds to units of local government in such State giving priority to the units of local government that the Director considers to have the greatest need. ``(c) Federal Share.--The Federal share of a grant made under this part may not exceed 75 percent of the total costs of the projects described in the application submitted under section 2502 for the fiscal year for which the projects receive assistance under this part. ``(d) Geographic Distribution.--The Director shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards. ``SEC. 2505. REPORT. ``A State or unit of local government that receives funds under this part shall submit to the Director a report in March of each fiscal year that funds are received under this part regarding the effectiveness of the drug testing project.''. (b) Conforming Amendment.--The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by striking the matter relating to part Y and inserting the following: ``Part Y--Drug Testing for Individuals Arrested ``Sec. 2501. Grant authorization. ``Sec. 2502. State applications. ``Sec. 2503. Local applications. ``Sec. 2504. Allocation and distribution of funds. ``Sec. 2505. Report. ``Part Z--Transition; Effective Date; Repealer ``Sec. 2601. Continuation of rules, authorities, and proceedings.''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), is amended by adding at the end the following: ``(22) There are authorized to be appropriated $100,000,000 for the fiscal years 199____, 199____, and 199____ to carry out the projects under part Y.''.

Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants for States and local governments to develop, implement, or continue a drug testing project when individuals are arrested and during the pretrial period and after post-conviction release. Sets forth State and local application requirements. Requires a State, to be eligible to receive funds, to develop or maintain programs of urinalysis or similar drug testing of individuals upon arrest and on a regular basis pending trial for the purpose of making pretrial detention decisions. Provides for the allocation and distribution of funds. Limits the Federal share to 75 percent of total project costs. Authorizes appropriations.

To provide grants to the States for drug testing projects when individuals are arrested and during the pretrial period.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Partnership Grants to Strengthen Families Affected by Parental Substance Abuse Act''. SEC. 2. ENHANCEMENTS TO GRANTS TO IMPROVE WELL-BEING OF FAMILIES AFFECTED BY SUBSTANCE ABUSE. Section 437(f) of the Social Security Act (42 U.S.C. 629g(f)) is amended-- (1) in the subsection heading, by striking ``Increase the Well-being of, and to Improve the Permanency Outcomes for, Children Affected by'' and inserting ``Implement IV-E Prevention Services, and Improve the Well-being of, and Improve Permanency Outcomes for, Children and Families Affected by Heroin, Opioids, and Other''; (2) by striking paragraph (2) and inserting the following: ``(2) Regional partnership defined.--In this subsection, the term `regional partnership' means a collaborative agreement (which may be established on an interstate, State, or intrastate basis) entered into by the following: ``(A) Mandatory partners for all partnership grants.-- ``(i) The State child welfare agency that is responsible for the administration of the State plan under this part and part E. ``(ii) The State agency responsible for administering the substance abuse prevention and treatment block grant provided under subpart II of part B of title XIX of the Public Health Service Act. ``(B) Mandatory partners for partnership grants proposing to serve children in out-of-home placements.--If the partnership proposes to serve children in out-of-home placements, the Juvenile Court or Administrative Office of the Court that is most appropriate to oversee the administration of court programs in the region to address the population of families who come to the attention of the court due to child abuse or neglect. ``(C) Optional partners.--At the option of the partnership, any of the following: ``(i) An Indian tribe or tribal consortium. ``(ii) Nonprofit child welfare service providers. ``(iii) For-profit child welfare service providers. ``(iv) Community health service providers, including substance abuse treatment providers. ``(v) Community mental health providers. ``(vi) Local law enforcement agencies. ``(vii) School personnel. ``(viii) Tribal child welfare agencies (or a consortia of the agencies). ``(ix) Any other providers, agencies, personnel, officials, or entities that are related to the provision of child and family services under a State plan approved under this subpart. ``(D) Exception for regional partnerships where the lead applicant is an indian tribe or tribal consortia.--If an Indian tribe or tribal consortium enters into a regional partnership for purposes of this subsection, the Indian tribe or tribal consortium-- ``(i) may (but is not required to) include the State child welfare agency as a partner in the collaborative agreement; ``(ii) may not enter into a collaborative agreement only with tribal child welfare agencies (or a consortium of the agencies); and ``(iii) if the condition described in paragraph (2)(B) applies, may include tribal court organizations in lieu of other judicial partners.''; (3) in paragraph (3)-- (A) in subparagraph (A), by striking ``$500,000 and not more than $1,000,000'' and inserting ``$250,000 and not more than $1,000,000''; (B) in subparagraph (B)-- (i) in the subparagraph heading, by inserting ``; planning'' after ``approval''; (ii) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''; and (iii) by adding at the end the following: ``(iii) Sufficient planning.--A grant awarded under this subsection shall be disbursed in two phases: a planning phase (not to exceed 2 years) and an implementation phase. The total disbursement to a grantee for the planning phase may not exceed $250,000, and may not exceed the total anticipated funding for the implementation phase.''; and (C) by adding at the end the following: ``(D) Limitation on payment for a fiscal year.--No payment shall be made under subparagraph (A) or (C) for a fiscal year until the Secretary determines that the eligible partnership has made sufficient progress in meeting the goals of the grant and that the members of the eligible partnership are coordinating to a reasonable degree with the other members of the eligible partnership.''; (4) in paragraph (4)-- (A) in subparagraph (B)-- (i) in clause (i), by inserting ``, parents, and families'' after ``children''; (ii) in clause (ii), by striking ``safety and permanence for such children; and'' and inserting ``safe, permanent caregiving relationships for the children;''; (iii) in clause (iii), by striking ``or'' and inserting ``increase reunification rates for children who have been placed in out-of- home care, or decrease''; and (iv) by redesignating clause (iii) as clause (v) and inserting after clause (ii) the following: ``(iii) improve the substance abuse treatment outcomes for parents including retention in treatment and successful completion of treatment; ``(iv) facilitate the implementation, delivery, and effectiveness of prevention services and programs under section 471(e); and''; (B) in subparagraph (D), by striking ``where appropriate,''; and (C) by striking subparagraphs (E) and (F) and inserting the following: ``(E) A description of a plan for sustaining the services provided by or activities funded under the grant after the conclusion of the grant period, including through the use of prevention services and programs under section 471(e) and other funds provided to the State for child welfare and substance abuse prevention and treatment services. ``(F) Additional information needed by the Secretary to determine that the proposed activities and implementation will be consistent with research or evaluations showing which practices and approaches are most effective.''; (5) in paragraph (5)(A), by striking ``abuse treatment'' and inserting ``use disorder treatment including medication assisted treatment and in-home substance abuse disorder treatment and recovery''; (6) in paragraph (7)-- (A) by striking ``and'' at the end of subparagraph (C); and (B) by redesignating subparagraph (D) as subparagraph (E) and inserting after subparagraph (C) the following: ``(D) demonstrate a track record of successful collaboration among child welfare, substance abuse disorder treatment and mental health agencies; and''; (7) in paragraph (8)-- (A) in subparagraph (A)-- (i) by striking ``establish indicators that will be'' and inserting ``review indicators that are''; and (ii) by striking ``in using funds made available under such grants to achieve the purpose of this subsection'' and inserting ``and establish a set of core indicators related to child safety, parental recovery, parenting capacity, and family well-being. In developing the core indicators, to the extent possible, indicators shall be made consistent with the outcome measures described in section 471(e)(6)''; and (B) in subparagraph (B)-- (i) in the matter preceding clause (i), by inserting ``base the performance measures on lessons learned from prior rounds of regional partnership grants under this subsection, and'' before ``consult''; and (ii) by striking clauses (iii) and (iv) and inserting the following: ``(iii) Other stakeholders or constituencies as determined by the Secretary.''; and (8) in paragraph (9)(A), by striking clause (i) and inserting the following: ``(i) Semiannual reports.--Not later than September 30 of each fiscal year in which a recipient of a grant under this subsection is paid funds under the grant, and every 6 months thereafter, the grant recipient shall submit to the Secretary a report on the services provided and activities carried out during the reporting period, progress made in achieving the goals of the program, the number of children, adults, and families receiving services, and such additional information as the Secretary determines is necessary. The report due not later than September 30 of the last such fiscal year shall include, at a minimum, data on each of the performance indicators included in the evaluation of the regional partnership.''. SEC. 3. EFFECTIVE DATE. (a) In General.--Subject to subsection (b), the amendments made by this Act shall take effect on October 1, 2017. (b) Transition Rule.-- (1) In general.--In the case of a State plan under part B of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature. (2) Application to programs operated by indian tribal organizations.--In the case of an Indian tribe, tribal organization, or tribal consortium which the Secretary of Health and Human Services determines requires time to take action necessary to comply with the additional requirements imposed by the amendments made by this Act (whether the tribe, organization, or tribal consortium has a plan under section 479B of the Social Security Act or a cooperative agreement or contract entered into with a State), the Secretary shall provide the tribe, organization, or tribal consortium with such additional time as the Secretary determines is necessary for the tribe, organization, or tribal consortium to take the action to comply with the additional requirements before being regarded as failing to comply with the requirements. Passed the House of Representatives June 20, 2017. Attest: KAREN L. HAAS, Clerk.

Partnership Grants to Strengthen Families Affected by Parental Substance Abuse Act (Sec. 2) This bill amends part B (Child and Family Services) of title IV of the Social Security Act to modify the grant program that provides funding to state and regional partnerships to prevent child abuse and neglect related to substance abuse. The bill redefines "regional partnership" to specify mandatory partners and optional partners engaged in the grant process. The bill sets the level of grant funding at between $250,000 (currently $500,000) and $1 million per grant per fiscal year. Grants shall be disbursed in two phases: (1) a planning phase (not to exceed two years), and (2) an implementation phase. The total disbursement to a grantee for the planning phase may not exceed $250,000, and may not exceed the total anticipated funding for the implementation phase. No payment shall be made for a fiscal year until the Department of Health and Human Services (HHS) determines that the eligible partnership has made sufficient progress in meeting the goals of the grant program, and that the members of the eligible partnership are coordinating to a reasonable degree with the other partnership members. The bill expands the grant program to include parents and families in the grant application process. HHS shall: review (instead of establish) indicators that are used to assess periodically the performance of grant recipients; establish a set of core indicators related to child safety, parental recovery, parenting capacity, and family well-being; Grant recipients must report semiannually (currently, annually) to HHS on services provided and activities carried out under the grant program, progress made in achieving the goals of the program, and the number of children, adults, and families receiving services. (Sec. 3) The amendments made by this bill are effective on October 1, 2017. The bill allows states and Indian tribes additional time for compliance with requirements imposed by this bill.

Partnership Grants to Strengthen Families Affected by Parental Substance Abuse Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lesser Prairie Chicken National Habitat Preservation Area Act of 2008''. SEC. 2. DEFINITIONS. In this Act: (1) State land.--The term ``State land'' means the approximately 13,236 acres of State land, as depicted on the map. (2) Map.--The term ``map'' means the map titled ``Lesser Prairie Chicken National Habitat Preservation Area and Land Exchange'' and dated April 30, 2008. (3) Federal land.--The term ``Federal land'' means the land administered by the Secretary consisting of approximately 7,718 acres as depicted on the map. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of New Mexico. (6) County.--The term ``County'' means the County of Chaves. (7) Preservation area.--The term ``Preservation Area'' means the Lesser Prairie Chicken National Habitat Preservation Area. SEC. 3. LAND EXCHANGE. (a) In General.--The Secretary may convey to the State all right, title, and interest of the United States in and to the Federal land. (b) Consideration.--As consideration for the conveyance of the Federal land under subsection (a), the State shall convey to the United States all right, title, and interest of the State in and to the State land. (c) Interests Included in Exchange.--Subject to valid existing rights, the land exchange under this Act shall include the conveyance of all surface, subsurface, mineral, and water rights to the Federal land and State land. (d) Compliance With Federal Land Policy and Management Act.--The Secretary shall carry out the land exchange under this Act in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) and other applicable laws. (e) No Amendment to Management Plan Required.--The exchange of Federal land and State land shall not require an amendment to the Mimbres Resource Management Plan. (f) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions for the land exchange as the Secretary considers to be appropriate to protect the interests of the United States. SEC. 4. LESSER PRAIRIE CHICKEN NATIONAL HABITAT PRESERVATION AREA. (a) Establishment; Purposes.--There is established in the County the Lesser Prairie Chicken National Habitat Preservation Area to protect, conserve, and enhance habitat for the Lesser Prairie Chicken. (b) Boundaries.--The Preservation Area shall consist of approximately 28,168 acres of public land and 9,402 acres of land acquired under section 3 of this Act, as generally depicted on the map. (c) Maps and Legal Description.-- (1) In general.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to Congress a map and legal description of the Preservation Area. (2) Force and effect.--The map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) Public availability.--Copies of the map and legal description submitted under paragraph (1) shall be on file and available for public inspection in-- (A) the Office of the Director of the Bureau of Land Management; (B) the Office of the State Director; (C) the Office of the Pecos District Manager of the Bureau of Land Management; and (D) the Office of the County Clerk in Roswell, New Mexico. SEC. 5. MANAGEMENT OF THE PRESERVATION AREA. (a) In General.--The Secretary shall manage the Preservation Area-- (1) in a manner that protects, conserves, and enhances the habitat for the Lesser Prairie Chicken; and (2) in accordance with-- (A) this Act; (B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (C) any other applicable laws. (b) Uses.-- (1) In general.--The Secretary shall allow only uses of the Preservation Area that the Secretary determines will further the purposes for which the Preservation Area is established. (2) Use of motorized vehicles.--Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles or mechanized transport in the Preservation Area shall be allowed only on roads and trails designated for vehicular use under the management plan so long as such use is in conformance with the purposes of this Act. (c) Withdrawals.--Subject to valid existing rights, all land managed by the Bureau of Land Management within the Preservation Area and any land and interests in land acquired for the Preservation Area by the United States after the date of the enactment of this Act are withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposal under the mineral leasing, mineral materials, and geothermal leasing laws. (d) Hunting and Trapping.-- (1) In general.--Subject to paragraph (2), hunting and trapping shall be allowed in the Preservation Area to the extent consistent with the protection and conservation of the Lesser Prairie Chicken. (2) Limitations.-- (A) Regulations.--The Secretary may designate by regulation areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting or trapping will be permitted in the Preservation Area. (B) Consultation.--Except in emergencies, the Secretary shall consult with the appropriate State agency before promulgating regulations under subparagraph (A) that close a portion of the Preservation Area to hunting and trapping. (e) Grazing.--The Secretary may allow grazing solely for the purpose of vegetative management to enhance Lesser Prairie Chicken habitat. (f) Activities Outside Preservation Area.--The fact that an activity or use of land is not permitted on land within the Preservation Area shall not preclude the activity or use outside the boundary of the Preservation Area or on private land within the Preservation Area, consistent with other applicable law. (g) Acquisition of Land.-- (1) In general.--The Secretary may acquire land in the Preservation Area only-- (A) from a willing seller; and (B) through purchase, exchange, or donation. (2) Management.--Land acquired under paragraph (1) shall be managed as part of the Preservation Area in accordance with this Act. (h) Interpretative Sites.--The Secretary may establish sites in the Preservation Area to permit the interpretation of the historical, cultural, scientific, archaeological, natural, and education resources of the Preservation Area. SEC. 6. MANAGEMENT PLAN. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall develop a comprehensive plan for the long-range protection and management of the Preservation Area. (b) Contents.--The management plan shall-- (1) describe the appropriate uses and management of the Preservation Area in accordance with-- (A) this Act; (B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (C) other applicable laws; (2) incorporate, as appropriate, decisions in any other management or activity plan for the land within or adjacent to the Preservation Area; and (3) take into consideration-- (A) any information developed in studies of the land within or adjacent to the Preservation Area; and (B) the historical involvement of the local community in the interpretation and protection of the resources of the Preservation Area. Amend the title so as to read: ``A bill to provide for a land exchange involving State land and Bureau of Land Management land in Chaves and Dona Ana Counties, New Mexico, and to establish the Lesser Prairie Chicken National Habitat Preservation Area, and for other purposes.''.

Lesser Prairie Chicken National Habitat Preservation Area Act of 2008 - Authorizes the exchange of certain federal and state lands in New Mexico concerning the establishment under this Act of the Lesser Prairie Chicken Habitat Preservation Area in the County of Chaves, New Mexico. Requires that such land exchange include the conveyance of all surface, subsurface, mineral, and water rights to the federal and state land. Provides that the exchange of the federal and state land shall not require an amendment to the Mimbres Resource Management Plan. Establishes the Preservation Area for the protection, conservation, and enhancement of habitat for the lesser prairie chicken. Authorizes the Secretary of the Interior to only allow uses of the Preservation Area that will further the purposes for which it is established. Permits the use of motorized vehicles or mechanized transport in the Preservation Area, only on roads and trails designated for vehicular use under the management plan, except as needed for administrative purposes or to respond to an emergency. Withdraws all Bureau of Land Management (BLM) managed land within the Preservation Area and any land and interests in land acquired by the United States for the Preservation Area from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposal under the mineral leasing, mineral materials, and geothermal leasing laws. Allows hunting and trapping in the Preservation Area to the extent consistent with the protection and conservation of the lesser prairie chicken. Authorizes the Secretary to designate by regulation areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting or trapping will be permitted. Instructs the Secretary, except in emergencies, to consult with the appropriate state agency before promulgating regulations that close a portion of the Preservation Area to hunting and trapping. Authorizes the Secretary to allow grazing only for the purpose of vegetative management to enhance lesser prairie chicken habitat. Declares that the fact that an activity or use of land is not permitted on land within the Preservation Area shall not preclude the activity or use outside the boundary of the Preservation Area or on private land within it, consistent with other applicable law. Authorizes the Secretary to acquire land in the Preservation Area only from a willing seller or through purchase, exchange, or donation. Authorizes the Secretary to establish sites in the Preservation Area to permit the interpretation of the Preservation Area's historical, cultural, scientific, archeological, natural, and educational resources. Requires the Secretary to develop a plan for the long-range protection and management of the Preservation Area.

To provide for a land exchange involving State land and Bureau of Land Management land in Chavez and Dona Ana Counties, New Mexico, and to establish the Lesser Prairie Chicken National Habitat Preservation Area, and for other purposes.

SECTION 1. REFERENCE. Whenever in this Act a section or other provision is amended, such amendment shall be considered to be made to that section or other provision of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.). SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Two-thirds of mothers with children under 6 years of age are in the workforce. (2) More than 10 percent of children under the age of 6 have a disability; children living in low-income communities have a higher incidence of disability. (3) The Individuals with Disabilities Education Act requires early intervention services to be provided to infants and toddlers with disabilities in a natural environment, typically the child's home or a child care setting. (4) The Individuals with Disabilities Education Act requires special education preschool services to be delivered in the least restrictive environment, with a preschooler's nondisabled peers. (5) The General Accounting Office reports that the ``supply of infant care, care for special needs children, and care during nonstandard hours has been more limited than the overall supply''. There is even less care for those children who live in low-income communities. (6) Children with disabilities or special health care needs are barred from many child care programs due to myth, stereotype, and fear about disability and because staff lack sufficient training to meet the needs of such children. (b) Purpose.--The purpose of this Act is to increase the supply of quality child care for children with disabilities. SEC. 3. APPLICATION AND PLAN. Section 658E(c) (42 U.S.C. 9858c(c)) is amended-- (1) in paragraph (2)(H)-- (A) by striking ``, and families'' and inserting ``, families''; and (B) by inserting before the final period ``, and families that have children with disabilities''; and (2) in paragraph (3)(B)-- (A) by striking ``size) and to'' and inserting ``size), to''; and (B) by inserting before the final period ``, and to children with disabilities''. SEC. 4. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE. Section 658G (42 U.S.C. 9858e) is amended-- (1) by striking ``A State'' and inserting ``(a) In General.--A State''; (2) by amending subsection (a) (as so designated by paragraph (1) of this section) by adding at the end the following: ``Such activities may include activities listed in subsection (b).''; and (3) by adding at the end the following new subsections: ``(b) Activities for Children With Disabilities.-- ``(1) Use of funds.--A State that receives funds to carry out this subchapter for a fiscal year after fiscal year 2001, shall use not less than 5 percent of the total amount of such funds for one or more of the activities described in paragraph (2) that are designed to increase the availability of quality child care for children with disabilities. ``(2) Eligible activities.--Activities referred to in paragraph (1) are the following: ``(A) Training and technical assistance.--Ongoing comprehensive system of training and technical assistance for the following: ``(i) Training for child care providers, State licensing agencies responsible for licensing child care providers, and parents on how to collaborate with each other to help ensure appropriate implementation of the Americans with Disabilities Act of 1990 and the Individuals with Disabilities Education Act. ``(ii) Technical assistance to assist family home and center child care providers to enable them to appropriately and better include children with disabilities alongside children without disabilities in child care settings. ``(iii) Training for child care directors and staff on the use of assistive technology for children with special needs and children with disabilities. ``(iv) Training to develop leadership skills for directors of child care facilities to operate inclusive child care programs, including leadership skills in financial development, program development, parent education, and community development. ``(v) Assistance to State and local child care resource and referral agencies on compliance with the Americans with Disabilities Act of 1990 and the Individuals with Disabilities Education Act. ``(B) Recruitment and retention of staff.--Grants for recruitment and retention of qualified staff though the following: ``(i) Grants for scholarships for child care staff who work with children with and without disabilities to obtain associate, bachelor's, or master's degrees or other training in child development. ``(ii) Grants to increase salaries of child care staff who obtain associate, bachelors, or masters degrees or other training in fields of child development. ``(iii) Grants to retain qualified child care providers in the child care field. ``(c) Grants and Loans for Certain Child Care Programs.--To the extent provided for in advance by Acts of appropriation, the Secretary shall make grants and low-interest loans to public agencies and nonprofit organizations (including State and local governments and community-based organizations) for projects that increase the availability of 1 or more of the following: ``(1) Inclusive child care programs. ``(2) Child care for infants. ``(3) Child care during evenings and weekends.''. SEC. 5. REPORTS. Section 658K(a)(1)(B)(iii) (42 U.S.C. 9858i(a)(1)(B)(iii)) is amended by striking ``and age'' and inserting ``age, and disability status''. SEC. 6. DEFINITIONS. Section 658P (42 U.S.C. 9858n) is amended-- (1) by inserting after paragraph (2) the following new paragraph: ``(3) Child with a disability.--The term `child with a disability' has the meaning given that term and the meaning given the term `infant or toddler with a disability' in section 602 and section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1401).''; and (2) by inserting after paragraph (9) the following new paragraph: ``(10) Inclusive child care program.--The term `inclusive child care program' means a child care program that serves children with disabilities and children without disabilities together in a setting where not more than 50 percent of the children enrolled are children with disabilities.''.

Amends the Child Care and Development Block Grant Act of 1990 to require that each State plan (as part of application requirements for grants) demonstrate the manner in which the State will meet the specific child care needs of families that have children with disabilities. Includes services for children with disabilities among priority items for the State to provide.Directs States receiving grant funds for a fiscal year after FY 2001 to use not less than five percent of the total for activities designed to increase the availability of quality child care for children with disabilities, including for specified training and technical assistance, and for recruitment and retention of staff.Directs the Secretary of Health and Human Services to make grants and low-interest loans to public agencies and nonprofit organizations for projects that increase the availability of one or more of the following: (1) inclusive child care programs (i.e., programs that serve children with disabilities and children without disabilities together in a setting where not more than half of those enrolled are children with disabilities); (2) child care for infants; and (3) child care during evenings and weekends.Requires reports by States receiving grants to include information regarding the disability status of children receiving assistance.

To amend the Child Care and Development Block Grant Act of 1990 to increase the availability of, and improve quality care for, children with disabilities, and for other purposes.

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Tax Rate Reduction Act of 1994''. (b) Section 15 Not To Apply.--No amendment made by this Act, and no change in a rate pursuant to section 1(f)(8) of the Internal Revenue Code of 1986 (as amended by this Act), shall be treated as a change in a rate of tax for purposes of section 15 of such Code. SEC. 2. REDUCTION IN INDIVIDUAL INCOME TAX RATES. (a) Repeal of 39.6% Rate.-- (1) Each of the tables contained in subsections (a), (b), (c), (d), and (e) of section 1 of the Internal Revenue Code of 1986 is amended by striking the last item in each column (relating to 39.6 percent rate bracket). (2) Each of the tables contained in subsections (a), (b), and (c) of section 1 of such Code is amended by striking ``but not over $250,000''. (3) The table contained in subsection (d) of section 1 of such Code is amended by striking ``but not over $125,000''. (4) The table contained in subsection (e) of section 1 of such Code is amended by striking ``but not over $7,500''. (b) Additional Rate Reductions.-- (1) In general.--Subsection (f) of section 1 of such Code is amended by adding at the end the following new paragraph: ``(8) Rate reductions.--In prescribing the tables under paragraph (1) which apply with respect to taxable years beginning in a calendar year after 1994, the corresponding percentages specified for such calendar year in the following table shall be substituted for 15%, 28%, 31%, and 36%, respectively, in subsections (a), (b), (c), (d), and (e). ------------------------------------------------------------------------ The corresponding percentage shall be In the case of taxable years substituted for the following percentages: beginning during calendar ------------------------------------------- year: 15% 28% 31% 36% ------------------------------------------------------------------------ 1995........................ 14% 28% 31% 34% 1996........................ 13% 26% 29% 33% 1997........................ 12% 24% 27% 33% 1998 or thereafter.......... 12% 22% 25% 33%.'' ------------------------------------------------------------------------ (2) Technical amendments.-- (A) Subparagraph (B) of section 1(f)(2) of such Code is amended by inserting ``except as provided in paragraph (8),'' before ``by not changing''. (B) Subparagraph (C) of section 1(f)(2) of such Code is amended by inserting ``and the reductions under paragraph (8) in the rates of tax'' before the period. (C) The heading for subsection (f) of section 1 of such Code is amended by inserting ``Rate Reductions;'' before ``Adjustments''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1994. SEC. 3. REPEAL OF OVERALL LIMITATION ON ITEMIZED DEDUCTIONS. (a) In General.--Section 68 of the Internal Revenue Code of 1986 is hereby repealed. (b) Technical Amendments.-- (1) Subparagraph (A) of section 1(f)(6) of such Code is amended by striking ``section 68(b)(2)''. (2) Paragraph (1) of section 56(b) of such Code is amended by striking subparagraph (F). (3) The table of sections for part I of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 68. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1994. SEC. 4. REPEAL OF PHASEOUT OF PERSONAL EXEMPTIONS. (a) In General.--Subsection (d) of section 151 of the Internal Revenue Code of 1986 (relating to exemption amount) is amended by striking paragraphs (3) and (4) and inserting the following new paragraph: ``(3) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 1989, the dollar amount contained in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 1988' for `calendar year 1992' in subparagraph (B) thereof.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1994.

Tax Rate Reduction Act of 1994 - Amends the Internal Revenue Code to repeal the highest income tax rate for individuals, lower the highest taxable income threshold, and reduce individual income tax rates from 1995 until 1998. Repeals the overall limitation on itemized deductions and the phaseout of personal exemptions.

Tax Rate Reduction Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marketplace Equity Act of 2011''. SEC. 2. AUTHORIZATION FOR STATES TO REQUIRE COLLECTION OF SALES AND USE TAXES. (a) Grant of Authority.--Notwithstanding any other provision of law, a State electing, individually or through an agreement with one or more of the several States, to satisfy the requirements of subsection (b) is authorized to require all sellers not qualifying for the small seller exception to collect and remit sales and use taxes with respect to remote sales into the State without regard to the location of the seller. (b) Requirements for Authority.--The authorization provided under paragraph (1) shall be granted once the State implements a simplified system for administration of sales and use tax collection with respect to remote sellers, which includes the following minimum requirements: (1) Small seller exception.--An exception for remote sellers with gross annual receipts in the preceding calendar year from remote sales of items, services, and other products in the United States not exceeding $1,000,000 (or such greater amount as determined by the State involved) or in the State not exceeding $100,000 (or such greater amount as determined by the State). (2) Form and filing.--A sales and use tax return for use by remote sellers and a single revenue authority within the State with which remote sellers are required to file the return. A State may not require that remote sellers submit any other sales and use tax return other than the sales and use tax return applicable to remote sellers. A remote seller may not be required to file sales and use tax returns any more frequently than returns are required for other sellers. No local jurisdiction may require a remote seller to submit a sales and use tax return or to collect sales and use tax other than as provided by this paragraph. (3) Definition of tax base.--With respect to remote sellers-- (A) products and services subject to tax must be identical throughout the State, and (B) any exemptions must be identical throughout the State and may not include exemptions for products and services that are not exempt when sold by other than remote sellers. (4) Sales and use tax rate structure.-- (A) Except as provided in subparagraph (B) of this paragraph, remote sellers must collect sales and use tax under one of three rate structures-- (i) a single State-wide blended rate that includes both the State rate and applicable rates of local jurisdictions, as determined by the State; (ii) the maximum State rate, which is the highest rate at which sellers are required by the State to collect tax, exclusive of tax imposed by or for the specific benefit of local jurisdictions; or (iii) the applicable destination rate, which is the sum of the State rate and any applicable rate for the local jurisdiction into which the sale was made. If a State requires that remote sellers collect at the applicable destination rate, the State must make available adequate software to remote sellers that substantially eases the burden of collecting at multiple rates within the State, and any State providing such software must relieve remote sellers from liability to that State for collection of the incorrect amount of sales or use tax, including any penalties or interest, provided that collection of the improper amount is the result of relying on information provided by that State. (B) A State that generally imposes a lower sales and use tax rate for sales of food or drugs and medicine, or both, may require remote sellers to collect sales and use tax at such rates. (C) The rates described in clause (i) and (ii) must not exceed the respective average State and locality rates applicable to sellers other than remote sellers. (c) Commencement of Authority.-- (1) In general.--A State satisfying the requirements of subsection (b) may exercise the authority granted in subsection (a) beginning on the first day of the calendar quarter at least six months after the date that the State publishes the public notice described in paragraph (2). (2) Notice requirements.--The public notice required in paragraph (1) must include the following information for remote sellers: (A) The title and reference to the legislation that the State has enacted requiring remote sellers to collect sales and use tax. (B) The criteria under which remote sellers are required to collect sales and use tax under the State legislation. (C) The rate or rates at which affected remote sellers will be required to collect sales and use tax. (D) The date upon which affected remote sellers will be required to begin collecting sales and use tax. (E) References to compliance information and the form to be filed by remote sellers. (d) Termination of Authority.--The authorization provided under subsection (a) shall terminate for a State that no longer satisfies the requirements of subsection (b) on the date that-- (1) a court of competent jurisdiction determines that the State's simplified system of administration no longer meets the minimum requirements set forth in subsection (b); and (2) the determination of such court is no longer subject to appeal. SEC. 3. PREEMPTION. Except as otherwise provided in this Act, this Act shall not be construed to preempt or limit any power exercised or to be exercised by a State or local jurisdiction under the law of such State or local jurisdiction or under any other Federal law. SEC. 4. LIMITATIONS. (a) In General.--Nothing in this Act shall be construed as-- (1) subjecting a seller to franchise taxes, income taxes, or licensing requirements of a State or political subdivision thereof; (2) affecting the application of such taxes or requirements or enlarging or reducing the authority of any State to impose such taxes or requirements; (3) requiring any State or any local taxing jurisdiction to exempt, or to impose a tax on any product, or to adopt any particular type of tax, or to impose the same rate of tax as any other taxing jurisdiction; or (4) permitting or prohibiting a State from-- (A) licensing or regulating any person; (B) requiring any person to qualify to transact intrastate business; (C) subjecting any person to State taxes not related to the sale of goods or services; or (D) exercising authority over matters of interstate commerce. (b) No Effect on Nexus.--No obligation imposed by virtue of the authority granted by section 2 shall be considered in determining whether a seller has a nexus with any State for any other tax purpose. SEC. 5. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, and any Indian country as defined in section 1151 of title 18 of the United States Code. (2) Local jurisdiction.--The term ``local jurisdiction'' means any political subdivision of a State. (3) Person.--The term ``person'' means an individual, trust, estate, fiduciary, partnership, corporation, limited liability company, or any other legal entity, and includes a State or local government. (4) Sale into the state.--The term ``sale into the State'' means a sale where the item sold is received by the purchaser in the State, based on the location indicated by instructions for delivery that the purchaser furnishes to the seller. When no delivery location is specified, the sale occurs in the State if the customer's billing address is in the State. (5) Remote sale.--The term ``remote sale'' means a sale of goods or services attributed to a State with respect to which a seller does not have adequate physical presence to establish nexus under the law existing on the day before the date of the enactment of this Act so as to allow such State to require, without regard to the authority granted by this Act, the seller to collect and remit taxes covered by this Act with respect to such sale. (6) Remote seller.--The term ``remote seller'' means a person that makes remote sales. (7) Sales tax.--The term ``sales tax'' means a tax that is-- (A) imposed on or incident to the sale of tangible or intangible personal property or services as may be defined or specified under the laws imposing such tax; and (B) measured by the amount of the sales price, cost, charge, or other value of or for such property or services. (8) Use tax.--The term ``use tax'' means a tax that is-- (A) imposed on the purchase, storage, consumption, distribution, or other use of tangible or intangible personal property or services as may be defined or specified under the laws imposing such tax; and (B) measured by the purchase price of such property or services. SEC. 6. SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provisions of such to any person or circumstance shall not be affected thereby.

Marketplace Equity Act of 2011 - Authorizes states to require all sellers making remote sales to collect and remit sales and use taxes with respect to such sales into the state, without regard to the location of the seller, if such states implement a simplified system for administration of sales and use tax collection for remote sellers. Requires such a system to include, at a minimum: (1) an exception for remote sellers with gross annual receipts in the preceding calendar year from remote sales not exceeding $1 million in the United States or not exceeding $100,000 in the state, (2) a single sales and use tax return for use by remote sellers and a single revenue authority within the state with which remote sellers are required to file a tax return, and (3) a uniform tax base throughout the state. Defines "remote sale" as a sale of goods or services attributed to a state with respect to which a seller does not have adequate physical presence to establish a nexus so as to allow such state to require such seller to collect and remit taxes.

To improve the States' rights to enforce the collection of State sales and use tax laws, and for other purposes.

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Student Loan Repayment Extension Act''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. REPAYMENT TERMS. (a) Insured Loans.--Section 427 is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (B), in the matter preceding clause (i), by striking ``over a period'' through ``nor more than 10 years'' and inserting ``in accordance with the repayment plan selected under subsection (d),''; (B) in subparagraph (C), at the end of the subparagraph, by striking out ``the 10-year period described in subparagraph (B);'' and inserting the following: ``the length of the repayment period under a repayment plan described in subsection (d);''; (C) by striking subparagraph (F); (D) by redesignating subparagraphs (G), (H), and (I) as subparagraphs (F), (G), and (H), respectively; and (E) in subparagraph (G) (as redesignated by subparagraph (D)), by striking ``the option'' through the end of the subparagraph and inserting ``the repayment options described in subsection (d); and''; (2) in subsection (c), by striking ``in subsection (a)(2)(H),'' and inserting the following: ``by a repayment plan selected by the borrower under subparagraph (C) or (D) of subsection (d)(1),''; and (3) by adding after subsection (c) the following new subsection: ``(d) Repayment Plans.-- ``(1) Design and selection.--In accordance with regulations of the Secretary, the lender shall offer a borrower of a loan made under this part the plans described in this subsection for repayment of such loan, including principal and interest thereon. No plan may require a borrower to repay a loan in less than 5 years. The borrower may choose from-- ``(A) a standard repayment plan, with a fixed annual repayment amount paid over a fixed period of time, not to exceed 10 years; ``(B) an extended repayment plan, with a fixed annual repayment amount paid over an extended period of time, not to exceed 30 years, except that the borrower shall repay annually a minimum amount determined in accordance with subsection (c); ``(C) a graduated repayment plan, with annual repayment amounts established at 2 or more graduated levels and paid over an extended period of time, not to exceed 30 years, except that the borrower's scheduled payments shall not be less than 50 percent, nor more than 150 percent, of what the amortized payment on the amount owed would be if the loan were repaid under the standard repayment plan; and ``(D) an income-sensitive repayment plan, with income-sensitive repayment amounts paid over a fixed period of time, not to exceed 25 years. ``(2) Lender selection of option if borrower does not select.--If a borrower of a loan made under this part does not select a repayment plan described in paragraph (1), the lender shall provide the borrower with a repayment plan described in paragraph (1)(A). ``(3) Changes in selections.--The borrower of a loan made under this part may change the borrower's selection of a repayment plan under paragraph (1), or the lender's selection of a plan for the borrower under paragraph (2), as the case may be, under such conditions as may be prescribed by the Secretary in regulation. ``(4) Acceleration permitted.--Under any of the plans described in this subsection, the borrower shall be entitled to accelerate, without penalty, repayment on the borrower's loans under this part.''. (b) Guaranteed Loans.--Section 428(b) is amended-- (1) in paragraph (1)-- (A) in subparagraph (D), by striking clauses (i) and (ii) and the clause designation ``(iii)''; (B) in subparagraph (E)-- (i) in clause (i)-- (I) by striking ``or section 428A,'' and inserting ``or section 428H,''; and (II) by striking ``the option'' through the end of the clause and inserting ``the repayment options described in paragraph (9); and''; and (ii) in clause (ii)-- (I) by striking ``over a period'' through ``nor more than 10 years'' and inserting ``in accordance with the repayment plan selected under paragraph (9), and''; and (II) by striking ``of this subsection;'' at the end of clause (ii) and inserting a semicolon; and (C) in subparagraph (L)(i), by inserting after the clause designation the following: ``except as otherwise provided by a repayment plan selected by the borrower under paragraph (9)(A) (iii) or (iv),''; and (2) by adding after paragraph (8) the following new paragraph: ``(9) Repayment plans.-- ``(A) Design and selection.--In accordance with regulations of the Secretary, the lender shall offer a borrower of a loan made under this part the plans described in this subparagraph for repayment of such loan, including principal and interest thereon. No plan may require a borrower to repay a loan in less than 5 years. The borrower may choose from-- ``(i) a standard repayment plan, with a fixed annual repayment amount paid over a fixed period of time, not to exceed 10 years; ``(ii) an extended repayment plan, with a fixed annual repayment amount paid over an extended period of time, not to exceed 30 years, except that the borrower shall repay annually a minimum amount determined in accordance with paragraph (2)(L); ``(iii) a graduated repayment plan, with annual repayment amounts established at 2 or more graduated levels and paid over an extended period of time, not to exceed 30 years, except that the borrower's scheduled payments shall not be less than 50 percent, nor more than 150 percent, of what the amortized payment on the amount owed would be if the loan were repaid under the standard repayment plan; and ``(iv) an income-sensitive repayment plan, with income-sensitive repayment amounts paid over a fixed period of time, not to exceed 25 years. ``(B) Lender selection of option if borrower does not select.--If a borrower of a loan made under this part does not select a repayment plan described in subparagraph (A), the lender shall provide the borrower with a repayment plan described in subparagraph (A)(i). ``(C) Changes in selections.--The borrower of a loan made under this part may change the borrower's selection of a repayment plan under subparagraph (A), or the lender's selection of a plan for the borrower under subparagraph (B), as the case may be, under such conditions as may be prescribed by the Secretary in regulation. ``(D) Acceleration permitted.--Under any of the plans described in this paragraph, the borrower shall be entitled to accelerate, without penalty, repayment on the borrower's loans under this part. ``(E) Comparable ffel and direct loan repayment plans.--The Secretary shall ensure that the repayment plans offered to borrowers under this part are comparable, to the extent practicable and not otherwise provided in statute, to the repayment plans offered under part D.''. (c) Consolidation Loans.--Section 428C is amended-- (1) in subsection (b)(3)(F), by striking ``alternative''; and (2) in subsection (c) by amending paragraph (2) to read as follows: ``(2) Repayment plans.-- ``(A) Design and selection.--In accordance with regulations of the Secretary, the lender shall offer a borrower of a loan made under this section the plans described in this paragraph for repayment of such loan, including principal and interest thereon. No plan may require a borrower to repay a loan in less than 5 years. The borrower may choose from-- ``(i) a standard repayment plan, with a fixed annual repayment amount paid over a fixed period of time, not to exceed 10 years; ``(ii) an extended repayment plan, with a fixed annual repayment amount paid over an extended period of time, not to exceed 30 years, except that the borrower shall repay annually a minimum amount determined in accordance with paragraph (3); ``(iii) a graduated repayment plan, with annual repayment amounts established at 2 or more graduated levels and paid over an extended period of time, not to exceed 30 years, except that the borrower's scheduled payments shall not be less than 50 percent, nor more than 150 percent, of what the amortized payment on the amount owed would be if the loan were repaid under the standard repayment plan; and ``(iv) an income-sensitive repayment plan, with income-sensitive repayment amounts paid over a fixed period of time, not to exceed 25 years. ``(B) Lender selection of option if borrower does not select.--If a borrower of a loan made under this section does not select a repayment plan described in subparagraph (A), the lender shall provide the borrower with a repayment plan described in subparagraph (A)(i). ``(C) Changes in selections.--The borrower of a loan made under this section may change the borrower's selection of a repayment plan under subparagraph (A), or the lender's selection of a plan for the borrower under subparagraph (B), as the case may be, under such conditions as may be prescribed by the Secretary in regulation.''. (d) Direct Loans.--Section 455(d) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by inserting after ``an extended period of time,'' the following: ``not to exceed 30 years,''; and (B) in subparagraph (C), by striking ``a fixed or extended period of time,'' and inserting the following: ``an extended period of time, not to exceed 30 years,''; and (2) in paragraph (2), by striking ``subparagraph (A), (B), or (C) of paragraph (1).'' and inserting ``paragraph (1)(A).''.

Student Loan Repayment Extension Act - Amends the Higher Education Act of 1965 to extend and make uniform the terms of repayment plans available under the various Federal student loan programs (insured, guaranteed, consolidation, and direct loan programs).

Student Loan Repayment Extension Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Integrated Spent Fuel and High-Level Waste Management Act of 1994''. SEC. 2. FINDINGS AND PURPOSES. (a) Congressional Findings.--The Congress finds the following: (1) The transportation, storage, and disposal of high-level radioactive waste and spent nuclear fuel is a matter of national urgency that is the responsibility of this generation. (2) The utility generators and owners of high-level radioactive waste and spent nuclear fuel, together with their customers, have met, and will continue to meet, their obligations under the Nuclear Waste Policy Act of 1982 to provide for the cost of siting, licensing, construction, and operation of a Federal waste management system. (3) Some utilities have now exhausted their spent nuclear fuel pool storage capacity, a total of 26 nuclear power reactors will reach their spent nuclear fuel pool storage capacity by the end of 1998, and approximately 80 nuclear power reactors will be without spent nuclear fuel pool storage capacity by 2010. As a result, utility rate payers face significant costs associated with expanding storage capacity at reactor sites, and continued delay is unacceptable. (4) Federal efforts to site, license, construct, and operate disposal facilities in accordance with the provisions of the Nuclear Waste Policy Act of 1982 have not met the timetables contemplated by such Act. (5) The Secretary of Energy has a clear and unconditional obligation to take possession of and title to high-level radioactive waste and spent nuclear fuel beginning not later than January 31, 1998. (6) Notwithstanding the passage of 12 years since enactment of the Nuclear Waste Policy Act of 1982, the payment of more than $8,400,000,000 into the Nuclear Waste Fund during such period, and the additional programmatic direction provided by the Congress in the 1987 amendments to such Act, the projected date of commencement of operations at a repository is, under the most optimistic of assumptions, 2010. (7) Until a repository is operational, interim storage will continue to be required for high-level radioactive waste and spent nuclear fuel. (8) In light of the obligation of the Secretary of Energy to accept high-level radioactive waste and spent nuclear fuel beginning not later than January 31, 1998, the Secretary must establish an interim storage facility for such waste and spent fuel by such date. (b) Statement of Purposes.--The purposes of this Act are the following: (1) To specify with certainty the obligation of the Federal Government to take possession of and title to high-level radioactive waste and spent nuclear fuel and provide for its timely and safe transportation, storage, and disposal. (2) To provide the Secretary of Energy with additional incentives and means for succeeding in the siting, licensing, construction, and operation of Federal facilities for the storage and disposal of high-level radioactive waste and spent nuclear fuel. (3) To require the Secretary of Energy to establish an interim storage facility for high-level radioactive waste and spent nuclear fuel of domestic origin by January 31, 1998, for the purpose of fulfilling the obligation of the Federal Government under the Nuclear Waste Policy Act of 1982. SEC. 3. FEDERAL OBLIGATION TO TAKE POSSESSION OF AND TITLE TO HIGH- LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL. Section 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)) is amended by adding at the end the following new paragraph: ``(7)(A)(i) Notwithstanding any other provision of this Act or other law, the terms of the contracts entered into pursuant to this section, or the commencement of operations of a repository, the Secretary shall, by not later than January 31, 1998, begin taking possession and providing for the removal from existing storage facilities of the high-level radioactive waste and spent nuclear fuel covered by such contracts. ``(ii) A means of fulfilling the obligation set forth in clause (i) shall be the Federal Integrated Spent Fuel and High-Level Waste Management Program established in section 162. ``(B) The Secretary shall take possession and provide for the removal of the high-level radioactive waste and spent nuclear fuel referred to in subparagraph (A) in accordance with the acceptance priority ranking as required by the contracts entered into pursuant to this section. ``(C) As any high-level radioactive waste or spent nuclear fuel referred to in subparagraphs (A) and (B) comes into the possession of, and is removed by, the Secretary, title to such waste or spent fuel shall transfer to the Secretary.''. SEC. 4. FEDERAL INTEGRATED SPENT FUEL AND HIGH-LEVEL WASTE MANAGEMENT PROGRAM. (a) In General.--Subtitle E of title I of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10172 et seq.) is amended by adding at the end the following new section: ``federal integrated spent fuel and high-level waste management program ``Sec. 162. (a) Establishment.--The Secretary shall establish and administer in accordance with this section a Federal Integrated Spent Fuel and High-Level Waste Management Program as a means of fulfilling, in a safe, efficient, and cost-effective manner, the responsibility of the Federal Government to take possession and provide for the removal from existing storage facilities of, and take title to, high-level radioactive waste and spent nuclear fuel as provided in section 302(a)(7), and to provide for the management of high-level radioactive waste and spent nuclear fuel in accordance with subsection (b). ``(b) Components of Program.--The Federal Integrated Spent Fuel and High-Level Waste Management Program shall include the following components: ``(1) Development and use of a multipurpose canister system or systems for the transportation, storage, and disposal of spent nuclear fuel. ``(2) Development of the transportation infrastructure required to carry out the storage and disposal of high-level radioactive waste and spent nuclear fuel in accordance with the Program. ``(3) Establishment of an interim storage facility for high-level radioactive waste and spent nuclear fuel, consistent with applicable licensing and environmental protection requirements, by not later than January 31, 1998. ``(4) Disposal of high-level radioactive waste and spent nuclear fuel in a repository developed under this Act. ``(c) Progress Reports.--The Secretary shall submit to the Congress, not later than 120 days after the date of the enactment of this section and annually thereafter, a comprehensive progress report with specific details of how the Secretary is implementing the Federal Integrated Spent Fuel and High-Level Waste Management Program. Each report shall also include a list of recommendations for the continued successful implementation of the Program and any proposed implementing legislation. Prior to submission of any such report, the Secretary shall publish in the Federal Register a notice of the availability of a draft of the report, and shall solicit comments from interested parties.''.

Federal Integrated Spent Fuel and High-Level Waste Management Act of 1994 - Amends the Nuclear Waste Policy Act of 1982 to instruct the Secretary of Energy to begin taking possession and providing for the removal from existing storage facilities of high-level radioactive waste and spent nuclear fuel by a specified deadline. Transfers title to such waste or spent fuel to the Secretary at the time of its Federal removal or possession. Directs the Secretary to: (1) establish a Federal Integrated Spent Fuel and High-Level Waste Management Program to implement such directive; and (2) submit annual status reports to the Congress.

Federal Integrated Spent Fuel and High-Level Waste Management Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Health Information Technology and Privacy Advancement Act of 2007''. SEC. 2. POLICY AND PURPOSES. (a) Policy.--Congress declares that it is the policy of the United States to establish, as expeditiously as practicable, a health information technology and privacy system, which should-- (1) be responsive to public needs and national objectives; (2) serve the health care needs of the United States; and (3) contribute to improved health care quality and lower costs. (b) Purposes.--It is the purpose of this Act to-- (1) provide for the establishment of a health information technology and privacy system through which new and expanded health care information services will be made available as promptly as possible in a manner that provides national coverage at the earliest practicable date; (2) in carrying out the system described in paragraph (1), provide technology services to economically less developed areas as well as those more highly developed, and provide for the efficient and economical use of health care information and protect the confidentiality and security of information within this new technology; (3) in order to facilitate the development of the system and provide for the widest possible participation by private enterprise in the system, establish a private nonprofit corporation, subject to appropriate Federal regulation, to administer the system; and (4) ensure that-- (A) all authorized users of the system have nondiscriminatory access to the system; (B) effective competition be maintained in the provision of equipment and services utilized by the system; (C) the corporation established under this Act is organized and operated so as to maintain and strengthen competition in the provision of health information services to the public; and (D) the activities of the corporation and of the persons or companies participating in the ownership of the corporation is consistent with the Federal antitrust laws. (c) Limitation.--Congress declares that it is not the policy of this Act to preclude the private development of health information technologies. SEC. 3. DEFINITIONS. In this Act: (1) Authorized health insurers.--The term ``authorized health insurers'' means health insurance issuers (as defined in section 2791 of the Public Health Service Act) and includes payors for services provided under titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395 and 1396 et seq.). (2) Authorized providers.--The term ``authorized providers'' means duly licensed or certified health care providers. (3) Corporation.--The term ``corporation'' means the corporation authorized by section 5. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) System.--The term ``system'' means the system of health information and technology established under this Act, with secure retention and sharing among authorized providers, who have access to analytic support to identify and enhance areas where improved quality of care may lower cost, and result in reimbursement rates that can better reflect optimal health care delivery. SEC. 4. FEDERAL COORDINATION, PLANNING, AND REGULATION. (a) Actions by the Secretary.--In order to achieve the policy and carry out the purposes of this Act, the Secretary shall-- (1) provide Federal governmental assistance in the planning and development, and provide for the implementation of, a national program for the establishment and operation, as expeditiously as possible, of a national health information technology and privacy system; (2) provide for the continuous review of all phases of the development and operation of the system, including the activities of the corporation; (3) provide for the coordination of the activities of Federal agencies with responsibilities relating to health care information technology, so as to ensure that there is a full and effective compliance at all times with the policies and procedures established under this Act; (4) exercise such supervision over the relationship of the corporation with State and local entities or other entities as may be appropriate to ensure that such relationships shall be consistent with the national interest and policy of the United States as expressed in this Act; (5) ensure that timely arrangements are made under which there can be national participation in the establishment and use of the system; and (6) provide for incentives for physicians to engage in electronic patient-provider interactions. (b) Other Federal Agencies.--The Administrator of the Centers for Medicare & Medicaid Services, the National Coordinator for Health Information Technology, the Director of the National Institutes of Health, the chief executive officer of the Veterans Health Administration, and the heads of other relevant Federal agencies, shall, upon request of the corporation-- (1) provide advice to the corporation concerning the technical characteristics of the system; (2) provide assistance to the corporation in the conduct of research and development activities relating to the system, including by furnishing to the corporation, upon request, on a reimbursable basis, such services as determined necessary for the most expeditious and economical development of the system; and (3) to the extent feasible, furnish other services, on a reimbursable basis, to the corporation in connection with the establishment and operation of the system. (c) Actions by the Corporation.--The corporation shall-- (1) develop plans for the technical specifications of all elements of the system, pursuant to the activities described under section 5(f); (2) ensure effective competition, including the use of competitive bidding where appropriate, in the procurement by the corporation of apparatus, equipment, and services required for the establishment and operation of the system; (3) ensure that eligible health care providers have equitable and nondiscriminatory access to-- (A) the system in a manner that provides for the payment of reasonable assessment for such use consistent with the ability to pay and the savings and benefits to be anticipated; (B) relevant classifications, practices, regulations, and other terms and conditions relating to the use of the system; and (C) available facilities of the system pursuant to regulations relating to the allocation of such facilities among the users thereof; (4) ensure that the facilities of the system are technically compatible and operationally interconnected with each other and facilitate interoperability among health information systems; (5) prescribe such accounting regulations and systems and, after public hearing and deliberation, engage in such ratemaking procedures as will ensure that any savings made possible by the system are appropriately reflected in rates for access to system services, by license or otherwise for those who utilize or benefit from the system, including the health insurance industry; (6) obtain the approval of the Secretary for the implementation of technical and privacy protection characteristics relating to the operation of the system; (7) authorize, construct, and operate such system facilities, networks, and programs as will best serve the public interest, convenience, and necessity, as determined after consultation with the Secretary; and (8) to the extent feasible, ensure that the system is compatible and interoperable with pre-existing health information technology equipment and systems. (d) Office of the National Coordinator for Health Information Technology.-- (1) In general.--There is established within the Office of the Secretary of Health and Human Services an Office of the National Coordinator for Health Information Technology. The Office shall be headed by a National Coordinator appointed by the President, in consultation with the Secretary of Health and Human Services. The National Coordinator shall report directly to the Secretary. (2) Rule of construction.--Nothing in this subsection shall be construed as requiring the duplication of Federal efforts with respect to the establishment of the Office of the National Coordinator for Health Information Technology, regardless of whether such efforts are carried out before or after the date of the enactment of this Act. SEC. 5. NATIONAL CORPORATION FOR HEALTH INFORMATION TECHNOLOGY AND PRIVACY. (a) Establishment.--There is authorized to be established a nonprofit national health information technology and privacy corporation which shall not be an agency or establishment of the United States. The corporation shall be subject to the provisions of this Act. (b) Incorporation.--Not later than 180 days after the date of enactment of this Act, the President, by and with the advice and consent of the Senate, shall appoint 9 incorporators of the corporation who shall serve as the initial board of directors until their successors are elected in accordance with subsection (c). Such incorporators shall take whatever actions are necessary to establish the corporation, including the filing of articles of incorporation, as approved by the President. (c) Board of Directors.-- (1) In general.--The corporation shall have a bipartisan board of directors that shall consist of 9 individuals who shall be citizens of the United States and be appointed by the President, by and with the advice and consent of the Senate. (2) Terms.--The terms of service of the members of the board of directors shall be 3 years or until such time as their successors have been appointed, except that of the first 9 members of the board appointed under subsection (b), 3 each shall serve for terms of 3, 4, and 5 years, respectively as designated by the President. Any member of the board appointed to fill a vacancy shall be appointed only for the unexpired term of the member which he or she is succeeding. A member may not serve consecutive terms. (3) Chairperson.--The members of the board of directors of the corporation shall at its first meeting and annually thereafter elect a member to serve as the chairperson of the board. (d) Chief Privacy Officer and Other Officers.-- (1) Chief privacy officer.-- (A) In general.--The president of the Corporation, in consultation with the board of directors, shall appoint a chief privacy officer of the corporation to ensure the confidentiality and security of patient medical records. (B) Duties.--The chief privacy officer of the corporation shall-- (i) ensure that the use of technologies by the corporation sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information; (ii) ensure that personal information contained in any records maintained as part of the technology and privacy system is maintained in full compliance with fair information practices as contained in the Privacy Act of 1974; (iii) evaluate legislative and regulatory proposals involving the collection, use, and disclosure of personal information by the Federal Government; (iv) Conduct a privacy impact assessment of proposed rules and procedures of the corporation on the privacy of personal information, including the type of personal information collected and the number of individuals affected; and (v) submit annually to Congress a report on activities of the corporation that affect privacy. (2) Other officers.--The corporation shall have a president, and such other officers as may be appointed by the board of directors, who shall be compensated at rates fixed by the board and serve at the pleasure of the board. No officer of the corporation shall receive any salary from any source other than the corporation during the period of employment by the corporation. (e) Financing.--The corporation is authorized to issue bonds, debentures, and such other financings or certificates of indebtedness as the board of directors determines appropriate to carry out its duties under this Act. (f) Authorized Activities.-- (1) General activities.--In order to achieve the objectives and to carry out the purposes of this Act, the corporation is authorized to-- (A) plan, initiate, construct, own, manage, and operate itself or in conjunction with State and local governments or business entities, a national health information technology and privacy system; (B) furnish, for fees where appropriate and subject to licenses and confidentiality and security requirements, access to individuals, and to authorized providers and payers of health care services; (C) specify rules for allowing access (in accordance with applicable privacy laws) to nonidentifiable health care data for public health and research purposes; and (D) own and operate such facilities as may be required to achieve the purposes of this Act. (2) Other activities.--In addition to the activities authorized under paragraph (1), the corporation, to accomplish the purposes of this Act, may-- (A) conduct, or enter into contracts for the conduct of, research and development activities related to the mission of the corporation; (B) acquire the physical facilities, equipment, and devices necessary for the operations of the corporation, including health information technologies and associated equipment and facilities, whether by construction, purchase, or gift; (C) purchase or otherwise acquire health information and related services from the United States Government; and (D) enter into contracts with authorized users of health information, including the United States Government, for the use of the services of the system. SEC. 6. BUSINESS PLAN AND ANNUAL REPORT. (a) Business Plan.--Not later than 6 months after the date on which the corporation is incorporated under section 5, the corporation shall file with the President and Congress its initial business plan. (b) Annual Report.--Not later than 1 year after the date on which the corporation is incorporated under section 5, and each January 1 thereafter, the corporation shall prepare and submit to Congress a report that shall include a comprehensive description of the activities and accomplishments during the year for which the report is prepared under this Act, together with an evaluation of such activities and accomplishments in terms of the attainment of the purposes of this Act. Each such report shall include any recommendations of the corporation for additional legislative or other action which the corporation may consider necessary or desirable for the attainment of such objectives. (c) Audits.--The corporation shall be subject to such external audits as may be determined appropriate by the Secretary. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act for each of fiscal years 2008 through 2017.

National Health Information Technology and Privacy Advancement Act of 2007 - Requires the Secretary of Health and Human Services to: (1) provide federal governmental assistance to the planning and development of, and provide for the implementation of, a national program for the establishment and operation of a national health information technology and privacy system; (2) ensure that timely arrangements are made under which there can be national participation in the establishment and use of the system; and (3) provide for incentives for physicians to engage in electronic patient-provider interactions. Establishes the Office of the National Coordinator for Health Information Technology. Authorizes the establishment of a nonprofit national health information technology and privacy corporation to: (1) plan, initiate, construct, own, manage, and operate a national health information technology and privacy system; (2) furnish access to individuals and to authorized providers and payers of health care services; and (3) specify rules for allowing access to non-identifiable health care data for public health and research purposes.

A bill to provide for the establishment of a health information technology and privacy system.

SECTION 1. NATIONAL OILHEAT RESEARCH ALLIANCE ACT OF 2000. (a) Findings.--Section 702 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''. (b) Definitions.--Section 703 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking ``oilheat'' each place it appears (other than paragraph (10)) and inserting ``oilheat fuel''; (2) by striking paragraph (7) and inserting the following: ``(7) Oilheat fuel.--The term `oilheat fuel' means distillate liquid that is used as a fuel for nonindustrial commercial or residential space or hot water heating.''; (3) in paragraph (8), by striking ``Oilheat'' and inserting ``Oilheat fuel''; (4) in paragraph (14)-- (A) by striking ``No. 1 distillate or No. 2 dyed distillate'' each place it appears and inserting ``distillate liquid''; and (B) in subparagraph (B), by striking ``sells the distillate'' and inserting ``sells the distillate liquid''; (5) by redesignating paragraphs (3) through (13) and (14) as paragraphs (4) through (14) and (16), respectively, and moving paragraph (16) (as so redesignated) to appear after paragraph (15); and (6) by inserting after paragraph (2) the following: ``(3) Distillate liquid.--The term `distillate liquid' means-- ``(A) No. 1 distillate; ``(B) No. 2 dyed distillate; or ``(C) a liquid blended with No. 1 distillate or No. 2 dyed distillate.''. (c) Referenda.--Section 704 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''; (2) by striking ``No. 1 distillate and No. 2 dyed distillate'' each place it appears in subsections (a) and (c) and inserting ``distillate liquid''; (3) in subsection (a)-- (A) in paragraph (5)(B), by striking ``Except as provided in subsection (b), the'' and inserting ``The''; and (B) in paragraph (6), by striking ``, No. 1 distillate, or No. 2 dyed distillate'' and inserting ``or distillate liquid''; and (4) in subsection (b), by striking ``under'' and inserting ``consistent with''. (d) Membership.--Section 705 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''; (2) in subsection (b)(2), by striking ``No. 1 distillate and No. 2 dyed distillate'' and inserting ``distillate liquid''; and (3) by striking subsection (c) and inserting the following: ``(c) Number of Members.-- ``(1) In general.--The membership of the Alliance shall be as follows: ``(A) 1 member representing each State participating in the Alliance. ``(B) 5 representatives of retail marketers, of whom 1 shall be selected by each of the qualified State associations of the 5 States with the highest volume of annual oilheat fuel sales. ``(C) 5 additional representatives of retail marketers. ``(D) 21 representatives of wholesale distributors. ``(E) 6 public members, who shall be representatives of significant users of oilheat fuel, the oilheat fuel research community, State energy officials, or other groups with expertise in oilheat fuel. ``(2) Full-time owners or employees.-- ``(A) In general.--Except as provided in subparagraph (B), other than the public members of the Alliance, Alliance members shall be full-time managerial owners or employees of members of the oilheat fuel industry. ``(B) Employees.--Members described in subparagraphs (B), (C), and (D) of paragraph (1) may be employees of the qualified industry organization or an industry trade association.''. (e) Functions.--Section 706 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''. (f) Assessments.--Section 707 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''; (2) by striking subsection (a) and inserting the following: ``(a) Rate.-- ``(1) In general.--The assessment rate for calendar years 2008 and 2009 shall be equal to \2/10\ of 1 cent per gallon of distillate liquid. ``(2) Subsequent assessments.--Subject to paragraphs (3) and (4), beginning with calendar year 2010, the annual assessment rate shall be sufficient to cover the costs of the plans and programs developed by the Alliance. ``(3) Maximum rate.--The annual assessment rate shall not exceed \1/2\ of 1 cent per gallon of distillate liquid. ``(4) Limitations on increase.-- ``(A) In general.--The annual assessment shall not be increased by more than \1/2\ of 1 cent per gallon in any 1 year. ``(B) Approval.--No increase in the assessment may occur unless the increase is approved by \2/3\ of the members voting at a regularly scheduled meeting of the Alliance. ``(C) Notice.--The Alliance shall provide notice of a change in assessment at least 90 days before the date on which the change is to take effect.''; (3) in subsection (b)-- (A) by striking ``No. 1 distillate or No. 2 dyed distillate'' each place it appears and inserting ``distillate liquid''; and (B) in paragraphs (2)(B) and (5)(B), by striking ``fuel'' each place it appears and inserting ``distillate liquid''; and (4) in subsection (c), by striking ``No. 1 distillate and No. 2 dyed distillate'' and inserting ``Distillate liquid''. (g) Market Survey and Consumer Protection.--Section 708 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended by striking ``oilheat'' each place it appears and inserting ``oilheat fuel''. (h) Violations.--Section 712(a) of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended-- (1) in paragraph (2), by striking ``oilheat'' and inserting ``oilheat fuel''; and (2) by striking paragraph (3) and inserting the following: ``(3) a direct reference to a competing product.''. (i) Repeal of Sunset.--Section 713 of the National Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is repealed.

Amends the National Oilheat Research Alliance Act of 2000 to adjust its focus upon oilheat to a focus upon oilheat fuel. Defines "oilheat fuel" as distillate liquid used as a fuel for nonindustrial commercial or residential space or hot water heating. Makes technical and conforming amendments. Revises the membership of the National Oilheat Research Alliance. Provides that, other than the public members of the Alliance, members shall be full-time managerial owners or employees of members of the oilheat fuel industry. Revises assessment requirements. States that the assessment rate for calendar years 2008 and 2009 shall be equal to two-tenths of 1% per gallon of distillate liquid (currently, No. 1 distillate and No. 2 dyed distillate). Declares that, beginning with calendar year 2010, the annual assessment rate shall be sufficient to cover the costs of the plans and programs developed by the Alliance. Sets forth: (1) a maximum assessment rate; and (2) limitations on any assessment increase. Prohibits any consumer education activity undertaken with funds derived from Alliance assessments from including a direct reference to a competing product. Repeals the termination date for the Act (thus making it permanent).

A bill to reauthorize the National Oilheat Reliance Alliance Act of 2000, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean, Low-Emission, Affordable, New Transportation Efficiency Act''. SEC. 2. TRANSPORTATION ALTERNATIVES. (a) In General.--Subtitle III of title 49, United States Code, is amended by adding at the end the following: ``CHAPTER 63--TRANSPORTATION ALTERNATIVES ``Sec. 6301. Definitions ``In this chapter: ``(1) Administrator.--The term `Administrator' means Administrator of the Environmental Protection Agency. ``(2) Charrette.--The term `charrette' means a open, collaborative design session held over the course of 2 or more days-- ``(A) that includes participation by stakeholders and the public; ``(B) that involves a collaborative process with a series of short feedback loops; and ``(C) the purpose of which is to produce 2 or more feasible Plans. ``(3) Fund.--The term `Fund' means the Low Greenhouse Gas Transportation Fund established by section 6302(a)(1). ``(4) Intercity passenger rail service.-- ``(A) In general.--The term `intercity passenger rail service' has the meaning given the term `intercity rail passenger transportation' in section 24102. ``(B) Inclusion.--The term `intercity passenger rail service' includes high-speed rail service. ``(5) MPO.--The term `MPO' means a metropolitan planning organization designated under section 134(b) of title 23 that, as of the most recent decennial census, represents more than 200,000 individuals. ``(6) Plan.--The term `Plan' means a transportation greenhouse gas reduction plan covering a period of at least 10 years developed under section 6304(a). ``(7) Scenario analysis.--The term `scenario analysis' means an analysis that is conducted by identifying different trends and making projections based on those trends to develop a range of scenarios and estimates of how each scenario could improve mobility and affect rates of-- ``(A) vehicle miles traveled; ``(B) use of petroleum-derived transportation fuel; and ``(C) greenhouse gas emissions from the transportation sector. ``(8) State.--The term `State' means-- ``(A) a State; ``(B) the District of Columbia; and ``(C) the Commonwealth of Puerto Rico. ``Sec. 6302. Fund ``(a) Establishment.--There is established in the Treasury of the United States a fund to be known as the `Low Greenhouse Gas Transportation Fund', consisting of such amounts as are deposited in the Fund under section 6303(c). ``(b) Expenditures From Fund.-- ``(1) In general.--Subject to section 6303(c), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to provide assistance for use in implementing projects under Plans developed under section 6308(b). ``(2) Administrative expenses.--An amount not exceeding 10 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) 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. ``Sec. 6303. Auctioning ``(a) In General.--For each of calendar years 2012 through 2050, the Administrator shall auction 10 percent of the emission allowances established for each of those calendar years under any program in effect providing for the regulation of greenhouse gas emissions and the auctioning of emission allowances that is administered by the Administrator. ``(b) Timing.--The auctions required for each calendar year specified in paragraph (1) shall be conducted over the course of at least 4 sessions, spaced evenly over a period beginning 330 days before, and ending 60 days after, the beginning of each such calendar year. ``(c) Deposit of Proceeds.--The Administrator shall deposit in the Fund the proceeds from each auction conducted under this section. ``Sec. 6304. Plans ``(a) Goal.--Each State and MPO shall establish the goal of reducing greenhouse gas emissions from the transportation sector during the 10 years following the date of enactment of this chapter through-- ``(1) the increase in mobility options; ``(2) the reduction of vehicle miles traveled; and ``(3) the use of petroleum-derived transportation fuel. ``(b) Development of Plans.--Each State and MPO shall develop a transportation greenhouse gas reduction plan, and a prioritized list of projects the support the plan, that are integrated into the long-range transportation and transportation improvement plans of the State or MPO to work toward achieving the goal established by the State or MPO under subsection (a) through investment in-- ``(1) new transit projects eligible for assistance under chapter 53 (or the expansion of operations or frequency of existing transit service); ``(2) an intercity passenger rail project for-- ``(A)(i) the acquisition, construction, improvement, or inspection of equipment, track and track structures, or a facility for use in or for the primary benefit of intercity passenger rail service; ``(ii) expenses incidental to that acquisition or construction (including expenses for designing, engineering, location surveying, mapping, environmental studies, and acquisition of rights-of-way); ``(iii) payments for the capital portions of rail trackage rights agreements; ``(iv) highway-rail grade crossing improvements relating to intercity passenger rail service; ``(v) security; ``(vi) mitigation of environmental impacts; ``(vii) communication and signalization improvements; ``(viii) relocation assistance; ``(ix) acquisition of replacement housing sites; and ``(x) acquisition, construction, relocation, and rehabilitation of replacement housing; ``(B) rehabilitating, remanufacturing, or overhauling rail rolling stock and facilities used primarily in intercity passenger rail service; and ``(C) costs associated with developing State rail plans; ``(3) sidewalks, crosswalks, bicycle paths, greenways, pedestrian signals, pavement marking, traffic calming techniques, modification of public sidewalks (including projects to achieve compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)), and other strategies to encourage pedestrian and bike travel; ``(4) additional freight rail capacity, particularly if the capacity-- ``(A) relieves a freight bottleneck designated by the Secretary as causing poor on-time performance for intercity rail passenger trains; or ``(B) expands intercity or commuter rail capacity; ``(5) carpool, vanpool, or car-share projects; ``(6) updates to zoning and other land use regulations and plans-- ``(A) to coordinate with local, regional, and State plans; or ``(B) to support infill, transit-oriented development, or mixed-use development; ``(7) improvements in-- ``(A) travel and land-use data collection; and ``(B) travel models to better measure greenhouse gas emissions and emission reductions; or ``(8) the transportation control measures described in clauses (i) through (xv) of section 108(f)(1)(A), or section 211, of the Clean Air Act (42 U.S.C. 7408(f)(1)(A), 7545). ``(c) Submission and Updating.--Each Plan shall be-- ``(1) submitted to the Secretary not later than 2 years after the date of enactment of this chapter; and ``(2) updated every 4 years thereafter, including with analysis regarding achievement of the goals of the Plan. ``(d) Certification.-- ``(1) In general.--Subject to section 6306(b), not later than 180 days after the date of submission of a Plan under subsection (c)(1), the Secretary, in consultation with the Administrator, shall determine and certify whether-- ``(A) the Plan is likely to achieve the goal established by the State or MPO, as the case may be, under subsection (a); and ``(B) the development of the plan has complied with subsection (e). ``(2) Previously developed plans.--If a State or MPO develops a plan to reduce greenhouse gas emissions from the transportation sector before the date of enactment of this chapter, the State or MPO shall not be eligible to receive a distribution of funds under section 6308 unless the Secretary, in consultation with the Administrator, first determines and certifies that the plan meets the requirements of this chapter. ``(e) Public Involvement, Coordination, and Consultation.--Each Plan shall be developed-- ``(1) using transportation and economic development scenario analysis and strong public and stakeholder involvement, including-- ``(A) public comment periods; ``(B) scenario planning; ``(C) the most recent models; and ``(D) public charrettes; ``(2) with strong regional coordination, including between each MPO and the State in which the MPO is located and with other MPOs located within that State; and ``(3) in consultation with State and local housing, economic development, land use, environmental, and transportation agencies. ``(f) Incorporation of MPO Plans.--Each State shall incorporate, without modification, into the Plan of the State the final Plans of MPOs located within the State. ``Sec. 6305. Study ``To maximize greenhouse gas emission reductions from the transportation sector, the Secretary and the Administrator shall enter into an arrangement with the Transportation Research Board of the National Academy of Sciences under which that Board shall submit to the Administrator and the Secretary, not later than 1 year after the date of enactment of this chapter, a report containing recommendations-- ``(1) for use in improving research and tools to assess the effect of transportation plans and land use plans on motor vehicle use rates and transportation sector greenhouse gas emissions; ``(2) for use in improving Federal Government data sources that are necessary to assess greenhouse gas emission data from the transportation sector for use in developing Plans; and ``(3) regarding policies to effectively reduce greenhouse gas emissions from the transportation sector. ``Sec. 6306. Technical standards ``(a) In General.--Not later than 2 years after the date of enactment of this chapter, based on any recommendations contained in the reports submitted under paragraphs (1) and (2) of section 6305, and every 5 years thereafter, the Secretary, in consultation with the Administrator, shall establish or update, as appropriate, standards for transportation data collection, monitoring, planning, and modeling. ``(b) Effect on Certification.--The Secretary shall not certify any Plan under section 6304(d) until such time as standards for transportation data collection, monitoring, planning, and modeling are established under subsection (a). ``Sec. 6307. Report ``Not later than 5 years after the date of enactment of this chapter, and every 5 years thereafter, the Administrator shall submit to the committees of the Senate and the House of Representatives having jurisdiction over transportation and climate change a report that describes-- ``(1) the aggregate reduction in greenhouse gas emissions from the transportation sector expected as a result of the development and implementation of the Plans; ``(2) the impact of other Federal policies and programs on this chapter; ``(3) changes to Federal law that could improve the performance of the Plans; and ``(4) regulatory changes planned to improve the performance of the Plans. ``Sec. 6308. Funding ``(a) Development and Updating of Plans.--The Secretary shall use 5 percent of the funds deposited in the Fund for each fiscal year to support the development and updating of Plans under section 6304. ``(b) Implementation of Plans.-- ``(1) In general.--The Secretary shall use 10 percent of the funds deposited in the Fund for each fiscal year-- ``(A) to support the implementation of Plans; and ``(B) to fund the projects described in Plans as being necessary to meet the goals established by the States or MPOs submitting the Plans. ``(2) Formula.--The Secretary, in coordination with the Administrator, shall establish and regularly update a formula for the distribution of funds in accordance with paragraph (1) that-- ``(A) reflects the expected per capita reduction in greenhouse gas emissions expected as a result of implementation of each Plan certified under section 6304(d); ``(B) ensures that at least 50 percent of the funds are used to implement Plans certified under section 6304(d) that are developed by MPOs; ``(C) emphasizes Plans that increase transportation options and mobility, particularly for low-income individuals, minorities, the elderly, zero-car households, and the disabled; and ``(D) during the first 5 years after the date of enactment of this chapter, takes into consideration reductions in greenhouse gas emissions achieved by States and MPOs under Plans certified under section 6304(d). ``(3) Cost-sharing.--The Federal share of a project described in paragraph (1)(B) that is carried out using funds made available under this section shall be 80 percent.''. (b) Conforming Amendment.--The analysis for subtitle III of title 49, United States Code, is amended by inserting after the item relating to chapter 61 the following: ``CHAPTER 63--Transportation Alternatives ``Sec. ``6301. Definitions. ``6302. Fund. ``6303. Auctioning. ``6304. Plans. ``6305. Study. ``6306. Technical standards. ``6307. Report. ``6308. Funding.''.

Clean, Low-Emission, Affordable, New Transportation Efficiency Act - Establishes the Low Greenhouse Gas Transportation Fund. Requires the Administrator of the Environmental Protection Agency (EPA), for each of calendar 2012-2050, to auction 10% of emission allowances established under any EPA program providing for the reduction of greenhouse gas emissions and the auctioning of emission allowances. Requires deposit of auction proceeds into the Fund to implement state and metropolitan planning organization (MPO) greenhouse gas emission reduction plans, and provide funding to transit projects that help reduce such emissions. Requires states and MPOs to: (1) establish goals for reducing greenhouse gas emissions from the transportation sector for the next 10 years; and (2) develop transportation greenhouse gas emission reduction plans, updated quadrennially, including supporting lists of prioritized transit projects, that are integrated into state and MPO long-range transportation and transportation improvement plans. Directs the Secretary of Transportation and the EPA Administrator to arrange with the Transportation Research Board of the National Academy of Sciences to study and report recommendations for improving research tools and federal data sources necessary to assess the effect of transportation and land use plans on motor vehicle use rates and transportation sector greenhouse gas emissions.

A bill to amend title 49, United States Code, to require States and metropolitan planning organizations to develop transportation greenhouse gas reduction plans to reduce greenhouse gas emissions from the transportation sector, and for other purposes.

SECTION 1. VOLUNTARY SEPARATION INCENTIVES FOR EMPLOYEES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT. (a) Definitions.--For the purposes of this Act-- (1) the term ``agency'' means the Agency for International Development; (2) the term ``Administrator'' means the Administrator, Agency for International Development; and (3) the term ``employee'' means an employee (as defined by section 2105 of title 5, United States Code) who is employed by the agency, is serving under an appointment without time limitation, and has been currently employed for a continuous period of at least 12 months, but does not include-- (A) any employee who, upon separation and application, would then be eligible for an immediate annuity under subchapter III of chapter 83 (except for section 8336(d)(2)) or chapter 84 (except for section 8414(b)(1)(B)) of title 5, United States Code, or corresponding provisions of another retirement system for employees of the agency; (B) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the agency; (C) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in subparagraph (A); (D) an employee who is to be separated involuntarily for misconduct or unacceptable performance, and to whom specific notice has been given with respect to that separation; (E) an employee who, upon completing an additional period of service, as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597 note), would qualify for a voluntary separation incentive payment under section 3 of such Act; (F) an employee who has previously received any voluntary separation incentive payment by the Government of the United States under this Act or any other authority and has not repaid such payment; (G) an employee covered by statutory reemployment rights who is on transfer to another organization; or (H) any employee who, during the 24-month period preceding the date of separation, received a recruitment or relocation bonus under section 5753 of title 5, United States Code, or who, within the 12-month period preceding the date of separation, received a retention allowance under section 5754 of such title 5. (b) Agency Strategic Plan.-- (1) In general.--The Administrator, before obligating any resources for voluntary separation incentive payments under this Act, shall submit to the House and Senate Committees on Appropriations and the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives a strategic plan outlining the intended use of such incentive payments and a proposed organizational chart for the agency once such incentive payments have been completed. (2) Contents.--The agency's plan shall include-- (A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level; (B) the number and amounts of voluntary separation incentive payments to be offered; and (C) a description of how the agency will operate without the eliminated positions and functions. (c) Authority To Provide Voluntary Separation Incentive Payments.-- (1) In general.--A voluntary separation incentive payment under this Act may be paid by the agency to not more than 100 employees of such agency and only to the extent necessary to eliminate the positions and functions identified by the strategic plan. (2) Amount and treatment of payments.--A voluntary separation incentive payment under this Act-- (A) shall be paid in a lump sum after the employee's separation; (B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees; (C) shall be equal to the lesser of-- (i) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code, if the employee were entitled to payment under such section; or (ii) an amount determined by the agency head not to exceed $25,000; (D) may not be made except in the case of any employee who voluntarily separates (whether by retirement or resignation) before February 1, 1997; (E) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and (F) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section 5595 of title 5, United States Code, based on any other separation. (d) Additional Agency Contributions to the Retirement Fund.-- (1) In general.--In addition to any other payments which it is required to make under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, the agency shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee of the agency who is covered under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, to whom a voluntary separation incentive has been paid under this Act. (2) Definition.--For the purpose of paragraph (1), the term ``final basic pay'', with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor. (e) Effect of Subsequent Employment With the Government.--An individual who has received a voluntary separation incentive payment under this Act and accepts any employment for compensation with the Government of the United States, or who works for any agency of the Government of the United States through a personal services contract, within 5 years after the date of the separation on which the payment is based shall be required to pay, prior to the individual's first day of employment, the entire amount of the incentive payment to the agency that paid the incentive payment. (f) Reduction of Agency Employment Levels.-- (1) In general.--The total number of funded employee positions in the agency shall be reduced by one position for each vacancy created by the separation of any employee who has received, or is due to receive, a voluntary separation incentive payment under this Act. For the purposes of this subsection, positions shall be counted on a full-time-equivalent basis. (2) Enforcement.--The President, through the Office of Management and Budget, shall monitor the agency and take any action necessary to ensure that the requirements of this subsection are met. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Directs the Administrator of the Agency for International Development (AID), before obligating any resources for voluntary separation incentive payments, to submit to specified congressional committees a strategic plan outlining the intended use of such payments and a proposed organizational chart for the agency once they have been completed. Authorizes lump sum payments of up to $25,000 each to no more than 100 AID employees to the extent necessary to eliminate the positions and functions identified by the strategic plan. Requires AID to deposit in the Treasury to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee to whom a voluntary separation incentive payment is paid. Requires repayment of any voluntary separation incentive payment by an individual who accepts any subsequent employment with the Government within five years after the date of separation. Mandates a reduction in total full-time equivalent positions of AID by one for each employee receiving a voluntary separation incentive payment.

To authorize the Agency for International Development to offer voluntary separation incentive payments to employees of that agency.

SECTION 1. ADDITIONAL AUTHORIZATION FOR IMPROVEMENTS TO SITE SECURITY. The Reclamation Safety of Dams Act of 1978 is amended-- (1) in section 2 (43 U.S.C. 506), by inserting ``and site security'' after ``structural safety''; (2) in section 3 (43 U.S.C. 507), by inserting ``and site security'' after ``dam safety''; and (3) in section 4 (43 U.S.C. 508)-- (A) in subsection (c)-- (i) in the matter preceding paragraph (1), by inserting after ``safety purposes'' the following: ``and all costs incurred for building and site security activities (including facility fortifications, operation, maintenance and replacement of the fortifications, and guards and patrols, as identified in the Bureau of Reclamation's Report to Congress dated February 2006)''; (ii) by inserting after paragraph (2) the following: ``(3) In the case of the Central Valley Project of California-- ``(A) the Secretary shall collect dam safety and site security costs allocated to irrigation and municipal and industrial water service exclusively through inclusion of the costs in the operation and maintenance rates, capital water rates, or a combination of operation and maintenance rates and capital water rates; and ``(B) dam safety and site security costs allocated to irrigation and municipal and industrial water service shall not be segregated from other project operation, maintenance, or capital costs for separate allocation or repayment.''; and (iii) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) in subsection (e)-- (i) in paragraph (1), by inserting ``or site security measure'' after ``modification''; and (ii) in paragraph (2), by inserting ``or site security measure'' after ``modification''. SEC. 2. REPORTS. The Reclamation Safety of Dams Act of 1978 is amended-- (1) in section 5 (43 U.S.C. 509)-- (A) in the first sentence-- (i) by striking ``There are hereby'' and inserting the following: ``(a) In General.--There are''; and (ii) by striking ``Act:'' and inserting ``Act.''; (B) in the proviso-- (i) by striking ``Provided, That no funds'' and inserting the following: ``(b) Limitation.-- ``(1) In general.--No funds''; (ii) by inserting after ``under authority of this Act'' the following: ``, the cause of which results from new hydrologic or seismic data or changes in the state-of-the-art criteria determined to be necessary for site security or structural safety purposes,''; and (iii) by striking ``The report required to be submitted by this section'' and inserting the following: ``(2) Report.--The report required under paragraph (1)''; and (C) by adding at the end the following: ``(c) Annual Report.-- ``(1) In general.--The Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee Energy and Natural Resources of the Senate an annual report on building and site security measures carried out under this Act during the applicable fiscal year. ``(2) Components.--The report required under paragraph (1) shall include-- ``(A) a summary of Federal and non-Federal expenditures for the fiscal year; and ``(B) information relating to a 5-year plan for building and site security measures carried out under this Act, which shall provide pre- and post-September 11, 2001, costs for the building and site security measures.''; and (2) in section 5A (43 U.S.C. 509a)-- (A) in subsection (c)-- (i) in paragraph (1), by striking ``under section 5'' and inserting ``under section 5(b)''; and (ii) in paragraph (3)-- (I) by striking ``The response'' and inserting ``If a modification is the result of new hydrologic or seismic data or changes in the state-of-the-art criteria determined to be necessary for structural safety purposes, the response''; and (II) by striking ``by section 5'' and inserting ``under section 5(b)''; (B) in subsection (d), by inserting ``site'' before ``security''; and (C) by inserting ``or site security measure'' after ``modification'' each place it appears.

Amends the Reclamation Safety of Dams Act of 1978 to authorize the Secretary of the Interior to make modifications that are reasonably required to preserve the site security of Bureau of Reclamation dams and related facilities. Provides for specified reimbursement for costs incurred for building and site security activities. Requires dam safety and site security costs allocated to irrigation, municipal, and industrial water service for the Central Valley Project, California, to be collected by the Secretary exclusively through inclusion of such costs in operation and maintenance rates, capital water rates, or a combination of both, not segregated from other project costs for separate allocation or repayment. Directs the Secretary, during site security-related construction, to consider cost containment measures. Prohibits the obligation of funds exceeding a specified amount for carrying out actual construction to modify an existing dam, the cause of which results from new hydrologic or seismic data or changes in the state-of-the-art criteria deemed necessary for site security or structural safety purposes, prior to 30 calendar days after the Secretary has transmitted a report on such existing dam to Congress. Requires the Secretary to: (1) report annually to Congress on building and site measures carried out during the applicable fiscal year (including a summary of expenditures and information relating to a five-year plan for security measures detailed to show pre- and post-September 11, 2001 costs); (2) provide written notice to project beneficiaries upon identifying a Bureau facility for a site security measure; and (3) include in required reports the Secretary's response when a modification is the result of new data deemed necessary for structural safety purposes. Authorizes the Secretary to waive reporting requirements that could adversely impact site security.

A bill to amend the Reclamation Safety of Dams Act of 1978 to authorize improvements for the security of dams and other facilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Telework Tax Incentive Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Federal, State, and local governments spend billions of dollars annually on the Nation's transportation needs. (2) Congestion on the Nation's roads costs over $63,000,000,000 annually in lost work time, fuel consumption, and costs of infrastructure and equipment repair. (3) On average, on-road-vehicles contribute 34 percent of nitrogen oxides emissions. (4) It is estimated that staying at home to work requires 3 times less energy consumption than commuting to work. (5) In 2000, it was reported that if an identified 10 to 20 percent of commuters switched to teleworking, 1,800,000 tons of regulated pollutants would be eliminated, 3,500,000,000 gallons of gas would be saved, 3,100,000,000 hours of personal time would be freed up, and maintenance and infrastructure costs would decrease by $500,000,000 annually because of reduced congestion and reduced vehicle miles traveled. (6) The average American daily commute is 49 minutes for a 24-mile round-trip (a total of 100 hours per year). (7) The increase in work from 1969 to 1996, the increase in hours mothers spend in paid work, combined with a shift toward single-parent families resulted in families on average experiencing a decrease of 22 hours a week (14 percent) in parental time available outside of paid work they could spend with their children. (8) Today 60 percent of the workforce is involved in information work (an increase of 43 percent since 1990) allowing and encouraging decentralization of paid work to occur. (9) Estimates indicate that about 40,000,000 Americans are currently teleworking. SEC. 3. CREDIT FOR TELEWORKING. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to foreign tax credit, etc.) is amended by adding at the end the following new section: ``SEC. 30B. TELEWORKING CREDIT. ``(a) Allowance of Credit.--In the case of an eligible taxpayer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified teleworking expenses paid or incurred by the taxpayer during such year. ``(b) Maximum Credit.-- ``(1) Per teleworker limitation.--The credit allowed by subsection (a) for a taxable year with respect to qualified teleworking expenses paid or incurred by or on behalf of an individual teleworker shall not exceed $500. ``(2) Reduction for teleworking less than full year.--In the case of an individual who is in a teleworking arrangement for less than a full taxable year, the amount referred to paragraph (1) shall be reduced by an amount which bears the same ratio to $500 as the number of months in which such individual is not in a teleworking arrangement bears to 12. For purposes of the preceding sentence, an individual shall be treated as being in a teleworking arrangement for a month if the individual is subject to such arrangement for any day of such month. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible taxpayer.--The term `eligible taxpayer' means-- ``(A) in the case of an individual, an individual who performs services for an employer under a teleworking arrangement, and ``(B) in the case of an employer, an employer for whom employees perform services under a teleworking arrangement. ``(2) Teleworking arrangement.--The term `teleworking arrangement' means an arrangement under which an employee teleworks for an employer not less than 75 days per year. ``(3) Qualified teleworking expenses.--The term `qualified teleworking expenses' means expenses paid or incurred under a teleworking arrangement for furnishings and electronic information equipment which are used to enable an individual to telework. ``(4) Telework.--The term `telework' means to perform work functions, using electronic information and communication technologies, thereby reducing or eliminating the physical commute to and from the traditional worksite. ``(d) Limitation Based on Amount of Tax.-- ``(1) Liability for tax.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(2) Carryforward of unused credit.--If the amount of the credit allowable under subsection (a) for any taxable year exceeds the limitation under paragraph (1) for the taxable year, the excess shall be carried to the succeeding taxable year and added to the amount allowable as a credit under subsection (a) for such succeeding taxable year. ``(e) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (d)). ``(2) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(3) Property used outside united states not qualified.-- No credit shall be allowed under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. ``(4) Election to not take credit.--No credit shall be allowed under subsection (a) for any expense if the taxpayer elects to not have this section apply with respect to such expense. ``(5) Denial of double benefit.--No deduction or credit (other than under this section) shall be allowed under this chapter with respect to any expense which is taken into account in determining the credit under this section.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016 of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by adding at the end the following new paragraph: ``(32) to the extent provided in section 30B(e)(1), in the case of amounts with respect to which a credit has been allowed under section 30B.''. (2) Section 55(c)(3) of such Code is amended by inserting ``30B(d),'' after ``30(b)(3),''. (3) Section 6501(m) of such Code is amended by inserting ``30B(e)(4),'' after ``30(d)(4),''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 30B. Teleworking credit.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.

Telework Tax Incentive Act - Amends the Internal Revenue Code to allow a tax credit for telework expenses. Defines "telework" as the use of electronic information and communication technologies to perform work functions, thereby reducing or eliminating the physical commute to and from a traditional worksite. Limits the annual amount of such credit to $500.

A bill to amend the Internal Revenue Code of 1986 to allow a credit against income tax for expenses incurred in tele-working.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Coal Power Initiative Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) reliable, affordable, increasingly clean electricity will continue to power the growing United States economy; (2) an increasing use of electrotechnologies, the desire for continuous environmental improvement, a more competitive electricity market, and concerns about rising energy prices add importance to the need for reliable, affordable, increasingly clean electricity; (3) coal, which, as of the date of enactment of this Act, accounts for more than \1/2\ of all electricity generated in the United States, is the most abundant fossil energy resource of the United States; (4) coal comprises more than 85 percent of all fossil resources in the United States and exists in quantities sufficient to supply the United States for 250 years at current usage rates; (5) investments in electricity generating facility emissions control technology over the past 30 years have reduced the aggregate emissions of pollutants from coal-based generating facilities by 21 percent, even as coal use for electricity generation has nearly tripled; and (6) continued environmental improvement in coal-based generation through continued research, development, demonstration, and commercial application toward an ultimate goal of near-zero emissions is important and desirable. SEC. 3. CLEAN COAL POWER INITIATIVE. (a) In General.--The Secretary of Energy (in this Act referred to as the ``Secretary'') shall carry out a program of research on and development, demonstration, and commercial application of clean coal technologies under-- (1) this Act; (2) the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901 et seq.); (3) the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.); and (4) title XIII of the Energy Policy Act of 1992 (42 U.S.C. 13331 et seq.). (b) Conditions.--The research, development, demonstration, and commercial application program described in subsection (a) shall be designed to achieve cost and performance-based goals established by the Secretary under section 4. SEC. 4. COST AND PERFORMANCE-BASED GOALS. (a) Review and Assessment.--The Secretary shall perform an assessment that establishes measurable cost and performance-based goals for 2005, 2010, 2015, and 2020 for the programs authorized by this Act. Such assessment shall be based on the latest scientific and technical knowledge, and shall also take into consideration, as appropriate, the comparative environmental impacts (including emissions of greenhouse gases) of the energy saved or produced by specific programs. (b) Consultation.--In establishing the measurable cost and performance-based goals under subsection (a), the Secretary shall consult with the private sector, institutions of higher learning, national laboratories, environmental organizations, professional and technical societies, and any other persons as the Secretary considers appropriate. (c) Schedule.--The Secretary shall-- (1) issue and publish in the Federal Register a set of draft measurable cost and performance-based goals for the programs authorized by this Act for public comment-- (A) in the case of a program established before the date of the enactment of this Act, not later than 120 days after the date of the enactment of this Act; and (B) in the case of a program not established before the date of the enactment of this Act, not later than 120 days after the date of establishment of the program; (2) not later than 60 days after the date of publication under paragraph (1), after taking into consideration any public comments received, transmit to the Congress and publish in the Federal Register the final measurable cost and performance- based goals; and (3) update all such cost and performance-based goals on a biennial basis. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) Clean Coal Power Initiative.--Except as provided in subsection (c), there are authorized to be appropriated to the Secretary to carry out the Clean Coal Power Initiative under section 3 $200,000,000 for each of the fiscal years 2002 through 2011, to remain available until expended. (b) Other Coal and Related Technologies Programs.--Except as provided in subsection (c), there are authorized to be appropriated to the Secretary $172,000,000 for fiscal year 2002, $179,000,000 for fiscal year 2003, and $186,000,000 for fiscal year 2004, to remain available until expended, for other coal and related technologies research and development programs, which shall include-- (1) Innovations for Existing Plants; (2) Integrated Gasification Combined Cycle; (3) advanced combustion systems; (4) Turbines; (5) Sequestration Research and Development; (6) innovative technologies for demonstration; (7) Transportation Fuels and Chemicals; (8) Solid Fuels and Feedstocks; (9) Advanced Fuels Research; and (10) Advanced Research. (c) Limit on Use of Funds.--Notwithstanding subsections (a) and (b), no funds may be used to carry out the activities authorized by this Act after September 30, 2002, unless the Secretary has transmitted to the Congress the report required by this subsection and 1 month have elapsed since that transmission. The report shall include-- (1) with respect to subsection (a), a 10-year plan containing-- (A) a detailed assessment of whether the aggregate funding levels provided under subsection (a) are the appropriate funding levels for that program; (B) a detailed description of how proposals will be solicited and evaluated, including a list of all demonstration activities expected to be undertaken; (C) a detailed list of technical milestones for each coal and related technology that will be pursued; (D) recommendations for a mechanism for recoupment of Federal funding for successful commercial projects; and (E) a detailed description of how the program will avoid problems enumerated in General Accounting Office reports on the Clean Coal Technology Program, including problems that have resulted in unspent funds and projects that failed either financially or scientifically; (2) with respect to subsection (b), a plan containing-- (A) a detailed description of how proposals will be solicited and evaluated, including a list of all demonstration activities expected to be undertaken; and (B) a detailed list of technical milestones for each coal and related technology that will be pursued; and (3) a description of how the programs will be carried out under subsection (a) and subsection (b) so as to complement each other and not duplicate activities. (d) Applicability.--Subsection (c) shall not apply to any program, project, or activity begun before September 30, 2001. SEC. 6. PROJECT CRITERIA. (a) In General.--The Secretary shall not provide funding for any research, development, demonstration, or commercial application of coal and related technologies that do not advance efficiency, environmental performance, and cost competitiveness well beyond the level of technologies that are in operation or have been demonstrated as of the date of the enactment of this Act. (b) Technical Criteria for Clean Coal Power Initiative.-- (1) Sequestration and gasification.--(A) In allocating the funds authorized under section 5(a), the Secretary shall ensure that at least 80 percent of the funds are used only for projects on carbon sequestration, or coal-based gasification technologies, including gasification combined cycle, gasification fuel cells, gasification coproduction and hybrid gasification/combustion. (B) The Secretary shall set technical milestones specifying emissions levels that coal gasification projects must be designed to and reasonably expected to achieve. The milestones shall get more restrictive through the life of the program. The milestones shall be designed to achieve by 2020 coal gasification projects able-- (i) to remove 99 percent of sulfur dioxide; (ii) to emit no more than .05 lbs of NOx per million BTU; (iii) to remove 95 percent of mercury; and (iv) to achieve a thermal efficiency of 60 percent (higher heating value). (2) Other projects.--For projects not described in paragraph (1), the Secretary shall set technical milestones specifying emissions levels that the projects must be designed to and reasonably expected to achieve. The milestones shall get more restrictive through the life of the program. The milestones shall be designed to achieve by 2010 projects able-- (A) to remove 97 percent of sulfur dioxide; (B) to emit no more than .08 lbs of NOx per million BTU; (C) to remove 90 percent of mercury; and (D) to achieve a thermal efficiency of 45 percent (higher heating value). (c) Financial Criteria.--The Secretary shall not provide a funding award for any research, development, demonstration, or commercial application of coal and related technologies unless the recipient of the award has documented to the satisfaction of the Secretary that-- (1) the award recipient is financially viable without the receipt of additional Federal funding; (2) the recipient will provide sufficient information to the Secretary for the Secretary to ensure that the award funds are spent efficiently and effectively; and (3) a market exists for the technology being demonstrated or applied, as evidenced by statements of interest in writing from potential purchasers of the technology. (d) Federal Share.--The Federal share of the cost of a coal or related technology project funded by the Secretary shall not exceed 50 percent.

Clean Coal Power Initiative Act of 2001 - Directs the Secretary of Energy to: (1) carry out programs of research on and development, demonstration, and commercial application of clean coal technologies, and other specified coal and related technologies; and (2) perform an assessment that establishes cost and performance goals for such programs for specified five-year periods.

To authorize research, development, demonstration, and commercial application activities relating to clean coal technologies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare Integrity Now for Children and Families Act of 2012'' or the ``WIN for Children and Families Act''. SEC. 2. SPENDING POLICIES FOR ASSISTANCE UNDER STATE TANF PROGRAMS. (a) State Requirement.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following new paragraph: ``(12) State requirement to prevent unauthorized spending of benefits.-- ``(A) In general.--A State to which a grant is made under section 403 shall maintain policies and practices as necessary to prevent assistance provided under the State program funded under this part from being used in any electronic benefit transfer transaction in-- ``(i) any liquor store; ``(ii) any casino, gambling casino, or gaming establishment; or ``(iii) any retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment. ``(B) Definitions.--For purposes of subparagraph (A)-- ``(i) Liquor store.--The term `liquor store' means any retail establishment which sells exclusively or primarily intoxicating liquor. Such term does not include a grocery store which sells both intoxicating liquor and groceries including staple foods (within the meaning of section 3(r) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(r))). ``(ii) Casino, gambling casino, or gaming establishment.--The terms `casino', `gambling casino', and `gaming establishment' do not include a grocery store which sells groceries including such staple foods and which also offers, or is located within the same building or complex as, casino, gambling, or gaming activities. ``(iii) Electronic benefit transfer transaction.--The term `electronic benefit transfer transaction' means the use of a credit or debit card service, automated teller machine, point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service.''. (b) Penalty.--Section 409(a) of the Social Security Act (42 U.S.C. 609(a)) is amended by adding at the end the following new paragraph: ``(16) Penalty for failure to enforce spending policies.-- ``(A) In general.--If, within 2 years after the date of the enactment of the WIN for Children and Families Act, any State has not reported to the Secretary on such State's implementation of the policies and practices required by section 408(a)(12), or the Secretary determines, based on the information provided in State reports, that any State has not implemented and maintained such policies and practices, the Secretary shall reduce, by an amount equal to 5 percent of the State family assistance grant, the grant payable to such State under section 403(a)(1) for-- ``(i) the fiscal year immediately succeeding the year in which such 2-year period ends; and ``(ii) each succeeding fiscal year in which the State does not demonstrate that such State has implemented and maintained such policies and practices. ``(B) Reduction of applicable penalty.--The Secretary may reduce the amount of the reduction required under subparagraph (A) based on the degree of noncompliance of the State. ``(C) State not responsible for individual violations.--Fraudulent activity by any individual in an attempt to circumvent the policies and practices required by section 408(a)(12) shall not trigger a State penalty under subparagraph (A).''. (c) Conforming Amendment.--Section 409(c)(4) of the Social Security Act (42 U.S.C. 609(c)(4)) is amended by striking ``or (13)'' and inserting ``(13), or (16)''. Passed the House of Representatives February 1, 2012. Attest: KAREN L. HAAS, Clerk.

Welfare Integrity Now for Children and Families Act of 2012 or WIN for Children and Families Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require a state to which a state family assistance grant is made to maintain policies and practices necessary to prevent the use of state TANF assistance in any electronic benefit transfer transaction in a liquor store, casino or gambling establishment, or strip club. Defines "electronic benefit transfer transaction" as the use of a credit or debit card service, automated teller machine (ATM), point-of-sale terminal, or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service. Establishes administrative penalties for states which have not reported on their implementation of or enforced such policies and practices.

To amend title IV of the Social Security Act to require States to implement policies to prevent assistance under the Temporary Assistance for Needy Families (TANF) program from being used in strip clubs, casinos, and liquor stores.

SECTION 1. SHORT TITLE. This Act may be cited as the ``TARP and ARRA Reporting and Waste Prevention Act''. SEC. 2. REPORTING REQUIREMENT. (a) In General.--Every public or private entity shall, no later than 30 days after receiving or redistributing any funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009, submit a report to the Secretary of the Treasury detailing such receipt or redistribution. (b) Report Details.--Each report required by subsection (a) shall include, with respect to the funds received or redistributed, and to the extent the information is available-- (1) the amount of such funds; (2) for funds being redistributed, the public or private entity receiving such funds; (3) the specific provision or provisions of title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009 under which such funds were authorized; (4) the specific purpose for which such funds are being received or redistributed, including-- (A) what geographic area such funds are intended for; and (B) the specific details on how such funds will be used; (5) copies of any contracts entered into by the public or private entity for projects or services that will be funded in whole or in part by such funds; and (6) such other information as the Secretary of the Treasury may require. (c) Separate Report on Contracts.--Any public or private entity that enters into a contract described in subsection (b)(5) shall, no later than 30 days after the date such contract is entered into, and every 30 days thereafter until all performance under the contract has been completed, submit a report to the Secretary of the Treasury detailing-- (1) the amount of funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009 that have been expended by such public or private entity in furtherance of the contract; (2) the specific details of how such funds were expended and how such expenditures furthered the fulfillment of the contract terms; (3) how many jobs were created by the expenditure of such funds and the average cost to the public or private entity of creating such jobs; and (4) in which geographic areas such funds were expended. (d) Treatment of Commingled Funds.--For purposes of this section, any funds that are commingled with funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009, such that the source of any particular funds within the commingled funds cannot be identified, shall be treated as funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009. (e) Regulations.--A report required under subsection (a) shall be made in such manner and form as the Secretary of the Treasury may prescribe by regulation. Such regulation shall be issued no later than 30 days after the date of the enactment of this Act. (f) No Reporting for Certain Tax Benefits.--No report shall be required under subsection (a) for funds received by a public or private entity under any provision of title I of division B of the American Recovery and Reinvestment Act of 2009. (g) Requirement for Giving Notice When Redistributing Funds.--Any public or private entity that redistributes any funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009 to another public or private entity must give such public or private entity notice-- (1) that such funds are a redistribution of funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009; and (2) that such public or private entity may be required to submit a report upon the receipt or redistribution of such funds pursuant to section 2(a) of the TARP and ARRA Reporting and Waste Prevention Act. (h) Penalty for Non-Compliance by a Private Entity.-- (1) In general.--A private entity that fails to submit a report required under subsection (a) may not enter into any contract to provide property or services to any Federal agency or department, and may not receive any grants, loans, or other funds from any Federal agency or department, if-- (A) the failure to submit such report was intentional; and (B) The heads of the private entity knew, within the 30-day window for submitting such report, that such report was required to be submitted under this section. (2) Heads of the private entity defined.--For purposes of this subsection, the term ``heads of the private entity'' means, if applicable-- (A) the board of directors of the private entity; (B) the officers of the private entity; and (C) the partners of the private entity. (i) Definitions.--For purposes of this section: (1) Public or private entity.--The term ``public or private entity'' means-- (A) any Federal agency or department; (B) any agency or department of a State government; (C) any agency or department of a political subdivision of a State; and (D) any private entity, other than an individual. (2) Redistributed.--With respect to funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009, the term ``redistributed'' means the distribution of such funds by a public or private entity to another public or private entity. Notwithstanding the previous sentence, the term ``redistribution'' shall not include-- (A) distributions made to purchase equipment or other supplies; or (B) distributions made for services that are merely incidental to the purchase of equipment or other supplies. (j) Effective Date.--This section shall take effect, with respect to the reporting requirement of subsections (a) and (c), 60 days after the date of the enactment of this Act. SEC. 3. FEDERAL DATABASE. (a) Establishment.--The Secretary of the Treasury shall establish a database to hold all information reported to the Secretary under section 2. (b) Availability.--The Secretary shall, in coordination with the Recovery Accountability and Transparency Board, make the information in the database available to the public on the website recovery.gov, and in a manner that allows members of the public to easily access such information. SEC. 4. WASTE, FRAUD, AND ABUSE HOTLINE. (a) In General.--The Secretary of the Treasury shall establish, publicize, and operate a national toll-free telephone number to serve as a hotline for members of the public to report waste, fraud, or abuse related to funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009. (b) Report.--Not later than 90 days after the date of the enactment of this Act, and quarterly thereafter, the Secretary of the Treasury shall issue a report to the Congress containing-- (1) a description of the Secretary's compliance with subsection (a); and (2) a description of the actions the Secretary is taking to address instances of waste, fraud, or abuse reported to the hotline. (c) Whistleblower Protection.-- (1) In general.--No company, or any officer, employee, contractor, subcontractor, or agent of such company, may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee-- (A) to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the employee reasonably believes constitutes waste, fraud, or abuse related to funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009, where such waste, fraud, or abuse was reported to the hotline established under subsection (a); or (B) to file, cause to be filed, testify, participate in, or otherwise assist in a proceeding filed or about to be filed (with any knowledge of the employer) relating to alleged waste, fraud, or abuse related to funds distributed under title I of the Emergency Economic Stabilization Act of 2008 or the American Recovery and Reinvestment Act of 2009, where such alleged waste, fraud, or abuse was reported to the hotline established under subsection (a). (2) Enforcement action.-- (A) In general.--A person who alleges discharge or other discrimination by any person in violation of paragraph (1) may seek relief under paragraph (3), by-- (i) filing a complaint with the Secretary of Labor; or (ii) if the Secretary has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. (B) Procedure.-- (i) In general.--An action under subparagraph (A)(i) shall be governed under the rules and procedures set forth in section 42121(b) of title 49, United States Code. (ii) Notification exception.--Notification made under section 42121(b)(1) of title 49, United States Code, shall be made to the person named in the complaint and to the employer. (iii) Burdens of proof.--An action brought under subparagraph (A)(ii) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code. (iv) Statute of limitations.--An action under subparagraph (A) shall be commenced not later than 90 days after the date on which the violation occurs. (3) Remedies.-- (A) In general.--An employee prevailing in any action under paragraph (2)(A) shall be entitled to all relief necessary to make the employee whole. (B) Compensatory damages.--Relief for any action under subparagraph (A) shall include-- (i) reinstatement with the same seniority status that the employee would have had, but for the discrimination; (ii) the amount of back pay, with interest; and (iii) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. (4) Rights retained by employee.--Nothing in this subsection shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement. SEC. 5. RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD REQUESTS OF INSPECTOR GENERALS FOR AUDITS OR INSPECTIONS. Section 1527(b) of the American Recovery and Reinvestment Act of 2009 is amended by striking ``and the inspector general rejects'' and all that follows through the end of the subsection and inserting ``, the Board shall make such request available to the public on the website recovery.gov.''.

TARP and ARRA Reporting and Waste Prevention Act - Requires each public or private entity to provide a detailed report to the Secretary of the Treasury upon either: (1) receipt or redistribution of any funds under title I (Troubled Asset Relief Program [TARP]) of the Emergency Economic Stabilization Act of 2008 (EESA) or the American Recovery and Reinvestment Act of 2009 (ARRA); or (2) entering into a contract for projects or services funded by TARP or ARRA. Requires a public or private entity that redistributes any TARP or ARRA funds to another public or private entity to give the redistributee notice that: (1) such funds are a redistribution of either TARP funds or ARRA funds; and (2) the redistributee may be required to report to the Secretary. Instructs the Secretary to: (1) establish a database to hold all such reported information; (2) make the database information available to the public on the website recovery.gov; and (3) establish a national toll-free telephone hotline number for the public to report waste, fraud, or abuse related to either TARP or ARRA funds. Sets forth whistleblower protections. Amends ARRA to require the Recovery Accountability and Transparency Board, if it requests that an inspector general conduct or refrain from conducting an audit investigation, to make such request available to the public on the website recovery.gov.

To establish reporting requirements each time funds from Troubled Assets Relief Program or the American Recovery and Reinvestment Act of 2009 are received or redistributed, and to establish a waste, fraud, and abuse hotline for such funds, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``PreCheck is PreCheck Act of 2018''. SEC. 2. ELIGIBILITY FOR TSA PRECHECK EXPEDITED SCREENING. (a) Eligibility.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Administrator of the Transportation Security Administration (TSA) shall ensure that only travelers who are members of a trusted traveler program specified in subsection (b) are permitted to use TSA PreCheck security screening lanes at Transportation Security Administration checkpoints. (2) Certain travelers.--Any traveler who is 12 or under or 75 or over who is not a member of a trusted traveler program specified in subsection (b) shall be permitted to utilize TSA PreCheck security screening lanes at Transportation Security Administration checkpoints when traveling on the same itinerary as a member of such a program. (b) Trusted Traveler Programs.--Trusted traveler programs referred to in subsection (a) include the following: (1) Programs implemented by the Transportation Security Administration under section 109(a)(3) of the Aviation and Transportation Security Act (Public Law 107-71; 49 U.S.C. 114 note). (2) Any other United States Government program that issues unique identifiers, such as a known traveler number, that the Transportation Security Administration accepts as validating that the person holding such identifier is a member of a known low-risk population. (c) Exemptions.--Nothing in this section shall affect-- (1) the ability of the Transportation Security Administration to carry out expedited screening for severely injured or disabled members of the Armed Forces and severely injured or disabled veterans, as set forth in section 44927 of title 49, United States Code; or (2) the Honor Flight program, set forth in section 44928 of such title. SEC. 3. RISK MODIFIED SCREENING. (a) In General.--Not later than 60 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall commence a pilot program regarding a risk modified screening protocol for lanes other than designated TSA PreCheck security screening lanes at Transportation Security Administration checkpoints, in airports of varying categories, to further segment passengers based on risk. Such pilot program shall conclude on the date that is 120 after such date of commencement. (b) Report; Implementation.--Not later than 30 days after the conclusion of the pilot program required under subsection (a), the Administrator of the Transportation Security Administration shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the finding of such pilot program, including information relating to the security effectiveness and passenger facilitation effectiveness of the risk modified screening protocol that was the subject of such pilot program and, in the event that the Administrator is satisfied with the effectiveness of such protocol, information relating to plans to deploy such protocol at as many Transportation Security Administration checkpoints as practicable, taking into consideration the level of risk at the airport at issue, the available space at such airport, passenger throughput levels at such airport, and checkpoint configuration at such airport, while maintaining adequate resources to appropriately serve passengers in TSA PreCheck security screening lanes at Transportation Security Administration checkpoints. (c) Eligibility.--Only low-risk passengers shall be eligible to undergo risk modified screening at Transportation Security Administration checkpoints described in subsection (a). Such low-risk passengers are those passengers who-- (1) meet risk-based, intelligence-driven criteria outlined by the Administrator of the Transportation Security Administration; or (2) have undergone canine enhanced screening upon arrival at a Transportation Security Administration checkpoint. (d) Working Group.-- (1) In general.--In carrying out subsections (a) and (b), the Administrator of the Transportation Security Administration shall establish and utilize a working group comprised of individuals from or representatives of Category X, 1, 2, 3, and 4 airports and air carriers (as such term is defined in section 40102 of title 49, United States Code) to inform the piloting and development of plans to deploy the risk modified screening protocol described in such subsections for lanes other than designated TSA PreCheck security screening lanes at Transportation Security Administration checkpoints in a manner which ensures maximum security effectiveness and efficiency. (2) Non-applicability of faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group established under this subsection. SEC. 4. CONGRESSIONAL REPORTS. (a) In General.--Beginning with the first full calendar quarter after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall brief, on a quarterly basis, the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the implementation of section 2. (b) Certification.--Upon a determination by the Administrator of the Transportation Security Administration that only travelers who are members of a trusted traveler program specified in section 2(b) are permitted to use TSA PreCheck security screening lanes at Transportation Security Administration checkpoints in accordance with subsection (a) of such section, the Administrator shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written certification relating to such determination. (c) Sunset.--The briefings required under subsection (a) shall terminate at the time the certification described in subsection (b) is submitted. SEC. 5. INSPECTOR GENERAL ASSESSMENTS. After the Administrator of the Transportation Security Administration submits the certification described in section 4(b), the Inspector General of the Department of Homeland Security shall, beginning in the first calendar year after such certification and in each of the next 3 subsequent calendar years, conduct an assessment to determine if there has been a systematic pattern of violations of section 2(a) during the previous calendar year. The Inspector General shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate the results of each such assessment. SEC. 6. PRECHECK PROGRAM EXPANSION. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Transportation Security Administration shall develop and begin the implementation of a long- term strategy to increase enrollment in the TSA PreCheck Program and expand the total population of members of trusted traveler programs specified in section 2(b). (b) Enrollment.--In carrying out the long-term strategy referred to in subsection (a), the Administrator of the Transportation Security Administration shall-- (1) seek to partner with air carriers (as such term is defined in section 40102 of title 49, United States Code) to incorporate PreCheck Program promotion opportunities in the reservation process described in section 1560.101 of title 49, Code of Federal Regulations; (2) seek to include in the PreCheck Program individuals who-- (A) hold a Secret, Top Secret, or Top Secret/ Sensitive Compartmented Information clearance, unless such an individual has had his or her clearance revoked or did not pass a periodic reinvestigation; or (B) are current, full-time Federal law enforcement officers; (3) increase PreCheck Program enrollment flexibility by offering a secure mobile enrollment platform that facilitates in-person identity verification and application data collection, such as biometrics; (4) develop initiatives to minimize the amount of travel to PreCheck Program enrollment centers for applicants, including-- (A) adjusting the locations and schedules of existing PreCheck Program enrollment centers to accommodate demand; (B) seeking to collocate such enrollment centers with existing facilities that support the issuance of-- (i) United States passports; and (ii) Security Identification Display Area credentials (as such term is defined in section 1540.5 of title 49, Code of Federal Regulations) located in public, non-secure areas of airports, provided that no systems of an airport operator are used in support of enrollment activities for such credentials; and (C) increasing the availability of PreCheck Program enrollment platforms, such as kiosks, tablets, or staffed laptop stations; (5) assess the feasibility of providing financial or other incentives for PreCheck Program enrollment for-- (A) children between the ages of 12 and 18; (B) families of five or more individuals; (C) private sector entities, including small businesses, that establish PreCheck Program enrollment centers in their respective facilities; and (D) private sector entities, including small business concerns (as such term is described under section 3 of the Small Business Act (15 U.S.C. 632)), that reimburse employees for the cost of the PreCheck Program application; and (6) explore the possibility of combining the PreCheck Program with other trusted traveler programs specified in section 2(b). Passed the House of Representatives September 4, 2018. Attest: KAREN L. HAAS, Clerk.

PreCheck is PreCheck Act of 2018 This bill directs the Transportation Security Administration (TSA) to ensure that only travelers who are members of a trusted traveler program are permitted to use TSA PreCheck security screening lanes at TSA checkpoints. Any traveler under the age of 12 or over the age of 75 who is not a member of a trusted traveler program shall be permitted to utilize PreCheck security screening lanes at TSA checkpoints when traveling on the same reservation as a member of a trusted traveler program. The TSA shall implement a risk modified screening protocol for lanes other than designated TSA PreCheck security screening lanes at TSA checkpoints to further segment passengers based on risk. Only low-risk passengers shall be eligible to undergo risk modified screening at TSA checkpoints. The Inspector General of the Department of Homeland Security must assess whether there has been a systematic pattern of violations of the use of TSA PreCheck security screening lanes at TSA checkpoints during the previous calendar year. The TSA shall complete the implementation of a long-term strategy to increase enrollment in the TSA PreCheck Program and expand the total population of members of trusted traveler programs.

PreCheck is PreCheck Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wireless Telephone Protection Act''. SEC. 2. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH COUNTERFEIT ACCESS DEVICES. (a) Unlawful Acts.--Section 1029(a) of title 18, United States Code, is amended-- (1) by redesignating paragraph (9) as paragraph (10); and (2) by striking paragraph (8) and inserting the following: ``(8) knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses a scanning receiver; ``(9) knowingly uses, produces, traffics in, has control or custody of, or possesses hardware or software, knowing it has been configured for altering or modifying a telecommunications instrument so that such instrument may be used to obtain unauthorized access to telecommunications services; or''. (b) Penalties.-- (1) Generally.--Section 1029(c) of title 18, United States Code, is amended to read as follows: ``(c) Penalties.--The punishment for an offense under subsection (a) of this section is-- ``(1) in the case of an offense that does not occur after a conviction for another offense under this section-- ``(A) if the offense is under paragraph (1), (2), (3), (6), (7), or (10) of subsection (a), a fine under this title or imprisonment for not more than 10 years, or both; and ``(B) if the offense is under paragraph (4), (5), (8), or (9), of subsection (a), a fine under this title or imprisonment for not more than 15 years, or both; and ``(2) in the case of an offense that occurs after a conviction for another offense under this section, a fine under this title or imprisonment for not more than 20 years, or both.''. (2) Attempts.--Section 1029(b)(1) of title 18, United States Code, is amended by striking ``punished as provided in subsection (c) of this section'' and inserting ``subject to the same penalties as those prescribed for the offense attempted''. (c) Definitions.--Section 1029(e)(8) of title 18, United States Code, is amended by inserting before the period ``or to intercept an electronic serial number, mobile identification number, or other identifier of any telecommunications service, equipment, or instrument''. (d) Applicability of New Section 1029(a)(9).-- (1) In general.--Section 1029 of title 18, United States Code, is amended by adding at the end the following: ``(g) It is not a violation of subsection (a)(9) for an officer, employee, or agent of, or a person under contract with, a facilities- based carrier, for the purpose of protecting the property or legal rights of that carrier, to use, produce, have custody or control of, or possess hardware or software configured as described in that subsection (a)(9).''. (2) Definition.--Section 1029(e) of title 18, United States Code is amended-- (A) by striking ``and'' at the end of paragraph (6); (B) by striking the period at the end of paragraph (7) and inserting a semicolon; (C) by striking the period at the end of paragraph (8) and inserting ``; and''; and (D) by adding at the end the following: ``(9) the term `facilities-based carrier' means an entity that owns communications transmission facilities, is responsible for the operation and maintenance of those facilities, and holds an operating license issued by the Federal Communications Commission under the authority of title III of the Communications Act of 1934.''. (e) Amendment of Federal Sentencing Guidelines for Wireless Telephone Cloning.-- (1) In general.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements of the Commission, if appropriate, to provide an appropriate penalty for offenses involving the cloning of wireless telephones (including offenses involving an attempt or conspiracy to clone a wireless telephone). (2) Factors for consideration.--In carrying out this subsection, the Commission shall consider, with respect to the offenses described in paragraph (1)-- (A) the range of conduct covered by the offenses; (B) the existing sentences for the offenses; (C) the extent to which the value of the loss caused by the offenses (as defined in the Federal sentencing guidelines) is an adequate measure for establishing penalties under the Federal sentencing guidelines; (D) the extent to which sentencing enhancements within the Federal sentencing guidelines and the court's authority to sentence above the applicable guideline range are adequate to ensure punishment at or near the maximum penalty for the most egregious conduct covered by the offenses; (E) the extent to which the Federal sentencing guideline sentences for the offenses have been constrained by statutory maximum penalties; (F) the extent to which Federal sentencing guidelines for the offenses adequately achieve the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code; (G) the relationship of Federal sentencing guidelines for the offenses to the Federal sentencing guidelines for other offenses of comparable seriousness; and (H) any other factor that the Commission considers to be appropriate.

Wireless Telephone Protection Act - Amends the Federal criminal code to prohibit knowingly using, producing, trafficking in, having control or custody of, or possessing hardware or software knowing that it has been configured to insert or modify telecommunication identifying information associated with or contained in a telecommunications instrument so that such instrument may be used to obtain telecommunications service without authorization. Revises penalties to: (1) impose a fine and a 15-year term of imprisonment for such a violation as a first offense; and (2) require forfeiture to the United States of any personal property used or intended to be used to commit fraud in connection with an access device. Revises the definition of a "scanning receiver" for purposes of such provisions to include a device or apparatus that can be used to intercept an electronic serial number, mobile identification number, or other identifier of any telecommunications service, equipment, or instrument. Permits an officer, employee, or agent of, or a person engaged in business with, a facilities-based carrier to engage in conduct (other than trafficking) otherwise prohibited for the purpose of protecting that carrier's property or legal rights, unless such conduct is for the purpose of obtaining telecommunications service provided by another facilities-based carrier without such carrier's authorization. Makes it an affirmative defense that the conduct charged (other than a violation consisting of producing or trafficking) was engaged in for research or development in connection with a lawful purpose. Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines and the policy statements of the Commission, if appropriate, to provide an appropriate penalty for offenses involving the cloning of wireless telephones, including offenses involving an attempt or conspiracy to do so.

Wireless Telephone Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Energy Development Act''. SEC. 2. DEVELOPING RENEWABLE ENERGY ON FEDERAL LANDS. (a) In General.--The Secretary of the Interior shall carry out in accordance with this section a program for the leasing of Federal lands for the advancement, development, assessment, installation, and operation of commercial renewable solar, wind, and geothermal energy systems. (b) Identification of Lands for Leasing.-- (1) Lands selection.--The Secretary of the Interior, acting through the Director of the Bureau of Land Management and in consultation with the Secretary of Energy, shall-- (A) identify lease sites comprising a total of 6,400,000 acres of Federal lands under the jurisdiction of the Bureau of Land Management in the States of Arizona, California, Colorado, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming that are suitable and feasible for the installation and operation of solar, wind, or geothermal energy systems, subject to valid existing rights; and (B) incorporate renewable energy development into the relevant agency land use and resource management plans or equivalent plans for the lands identified under subparagraph (A). (2) Minimum and maximum acreage of sites.--Each individual lease site identified under paragraph (1)(A), other than under a lease for a geothermal energy system, shall be a minimum of 1,280 acres and shall not exceed 12,800 acres. (3) Lands released for leasing.--The Secretary shall release for leasing under this section lease sites identified under paragraph (1), in acreages that meet the following annual milestones: (A) By 2010, 79,012 acres. (B) By 2011, 316,049 acres. (C) By 2012, 711,111 acres. (D) By 2013, 1,300,000 acres. (E) By 2014, 2,000,000 acres. (F) By 2015, 2,800,000 acres. (G) By 2016, 3,700,000 acres. (H) By 2017, 4,650,000 acres. (I) By 2018, 5,800,000 acres. (J) By 2019, 6,400,000 acres. (4) Lands not included.--The following Federal lands shall not be included within a renewable energy lands leasing program under this Act: (A) Components of the National Landscape Conservation System. (B) Wilderness and Wilderness Study Areas. (C) Wild and Scenic Rivers. (D) Federally designated National Scenic and Historic Trails. (E) Monuments. (F) Resource Natural Areas. (G) Lands requested by Governor of State to be removed from consideration for renewable energy development. (c) Competitive Lease Sale Requirements Leasing Procedures.-- (1) Nominations.--The Secretary shall accept at any time nominations of land identified under subsection (b) for leasing under this Act, from any qualified person. (2) Competitive lease sale required.-- (A) In general.--Except as otherwise specifically provided by this Act, all land to be leased under this Act that is not subject to leasing under paragraph (3) shall be leased to the highest responsible qualified bidder, as determined by the Secretary. (B) Annual sales required.--The Secretary shall hold a competitive lease sale under this Act at least once every year for land in a State with respect to which there is a nomination pending under paragraph (1) of land otherwise available for leasing. (3) Noncompetitive leasing.--The Secretary shall make available for a period of 2 years for noncompetitive leasing any tract for which a competitive lease sale is held under paragraph (2), but for which the Secretary does not receive any bids in such sale. (4) Pending lease applications.--It shall be a priority for the Secretary to ensure timely completion of administrative actions and process applications for leasing of Federal lands described in subsection (b)(1)(A) for installation and operation of renewable energy systems, that are pending on the date of enactment of this subsection. (d) Leasing Time Period.--Any lease of lands under this section shall be effective for a period of 30 years, with an option to renew once for an additional period of 30 years. SEC. 3. PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT. (a) In General.--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 of the Interior shall complete a programmatic environmental impact statement for the renewable energy leasing program under section 2. (b) Final Regulation.--Not later than 6 months after the completion of the programmatic environmental impact statement under this section, the Secretary shall publish a final regulation implementing this section. SEC. 4. DEPOSIT AND USE OF GEOTHERMAL LEASE REVENUES. Section 234 of the Energy Policy Act of 2005 (42 U.S.C. 15873) is amended-- (1) in the section heading, by striking ``for 5 fiscal years''; and (2) in subsection (a), by striking ``in the first 5 fiscal years beginning after the date of enactment of this Act''. SEC. 5. STUDY. Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior shall complete a study of-- (1) barriers to additional access to Federal lands for transmission of energy produced under leases awarded under the renewable energy leasing program under this Act; and (2) the need for energy transmission corridors on public lands to address identified congestion or constraints.

Renewable Energy Development Act - Directs the Secretary of the Interior to carry out a program for the leasing of federal lands to advance, develop, assess, install, and operate commercial renewable solar, wind, and geothermal energy systems. Requires the Secretary to: (1) identify lease sites comprised of a total of 6,400,000 acres under the jurisdiction of the Bureau of Land Management (BLM) in the states of Arizona, California, Colorado, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming which are suitable for the installation and operation of solar, wind, or geothermal energy systems; and (2) incorporate renewable energy development into the relevant agency's land use and resource management plans, or equivalent plans for the identified lands. Specifies the total annual amount of acreage that is to be released for leasing under this Act from 2010 to 2019. Excludes specified federal lands from inclusion within the program. Sets forth requirements for competitive leasing sales and noncompetitive leasing of the lands to be leased. Makes any lease of lands under this Act effective for a 30-year period. Directs the Secretary to complete a programmatic environmental impact statement for the program and to publish a final regulation to implement this Act. Directs the Secretary to study: (1) barriers to additional access to federal lands for the transmission of energy produced under leases awarded under such program; and (2) the need for energy transmission corridors on public lands to address identified congestion or constraints.

To make renewable energy production a priority on certain public lands for the purpose of responsibly producing clean, affordable power for the American people.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Incentives for Older Workers Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Prohibition of benefit reduction due to phased retirement. Sec. 3. Allowance of delayed retirement Social Security credits until age 72. Sec. 4. Reduction in Social Security benefit offset resulting from certain earnings. Sec. 5. National Resource Center on Aging and the Workforce. Sec. 6. Civil service retirement system computation for part-time service. Sec. 7. Workforce investment activities for older workers. Sec. 8. Eligibility of older workers for the work opportunity credit. Sec. 9. Normal retirement age. SEC. 2. PROHIBITION OF BENEFIT REDUCTION DUE TO PHASED RETIREMENT. (a) Prohibition of Benefit Reduction Due to Phased Retirement.-- (1) Amendment to the employee retirement income security act of 1974.--Section 204(b)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054(b)(1)) is amended by adding at the end the following: ``(I)(i) Notwithstanding the preceding subparagraphs, in the case of a participant who-- ``(I) begins a period of phased retirement, and ``(II) was employed on a substantially full-time basis during the 12-month period preceding the period of phased retirement, a defined benefit plan shall be treated as meeting the requirements of this paragraph with respect to the participant only if the participant's compensation or average compensation taken into account under the plan with respect to the years of service before the period of phased retirement is not, for purposes of determining the accrued benefit for such years of service, reduced due to such phased retirement. ``(ii) For purposes of this subparagraph, a period of phased retirement is a period during which an employee is employed on substantially less than a full- time basis or with substantially reduced responsibilities, but only if the period begins after the participant reaches age 50 or has completed 30 years of service creditable under the plan.''. (2) Amendment to the internal revenue code of 1986.-- Section 411(b)(1) of the Internal Revenue Code of 1986 (relating to accrued benefits) is amended by adding at the end the following: ``(I) Accrued benefit may not decrease on account of phased retirement.-- ``(i) In general.--Notwithstanding the preceding subparagraphs, in the case of a participant who-- ``(I) begins a period of phased retirement, and ``(II) was employed on a substantially full-time basis during the 12-month period preceding the period of phased retirement, a defined benefit plan shall be treated as meeting the requirements of this paragraph with respect to the participant only if the participant's compensation or average compensation taken into account under the plan with respect to the years of service before the period of phased retirement is not, for purposes of determining the accrued benefit for such years of service, reduced due to such phased retirement. ``(ii) Period of phased retirement.--For purposes of this subparagraph, a period of phased retirement is a period during which an employee is employed on substantially less than a full-time basis or with substantially reduced responsibilities, but only if the period begins after the participant reaches age 50 or has completed 30 years of service creditable under the plan.''. (b) Effective Date.--The amendments made by this section shall apply to benefits payable after the date of enactment of this Act. SEC. 3. ALLOWANCE OF DELAYED RETIREMENT SOCIAL SECURITY CREDITS UNTIL AGE 72. (a) In General.--Paragraphs (2) and (3) of section 202(w) of the Social Security Act (42 U.S.C. 402(w)) are each amended by striking ``age 70'' and inserting ``age 72''. (b) Effective Dates.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 4. REDUCTION IN SOCIAL SECURITY BENEFIT OFFSET RESULTING FROM CERTAIN EARNINGS. (a) In General.--Section 203(f)(3) of the Social Security Act (42 U.S.C. 403(f)(3)) is amended by striking ``in the case of any individual'' and all that follows through ``in the case of any other individual''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. NATIONAL RESOURCE CENTER ON AGING AND THE WORKFORCE. (a) Establishment.--The Secretary of Labor shall award a grant for the establishment and operation of a National Resource Center on Aging and the Workforce to address issues on age and the workforce and to collect, organize, and disseminate information on older workers. (b) Activities.--The Center established under subsection (a) shall-- (1) serve as a national information clearinghouse on workforce issues, challenges, and solutions planning for older workers that would serve employers, local communities, and State and local government organizations, as well as other public and private agencies, including providing for the cataloging, organization, and summarizing of existing research, resources, and scholarship relating to older workforce issues; (2) identify best or most-promising practices across the United States that have enjoyed success in productively engaging older Americans in the workforce; (3) create toolkits for employers, trade associations, labor organizations, and non-profit employers that would feature a series of issue papers outlining specific tasks and activities for engaging older individuals in select industries; (4) distribute information to government planners and policymakers, employers, organizations representing and serving older adults, and other appropriate entities through the establishment of an interactive Internet website, the publications of articles in periodicals, pamphlets, brochures, and reports, as well as through national and international conferences and events; and (5) provide targeted and ongoing technical assistance to select units of government, private corporations, and nonprofit organizations. (c) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be available in each fiscal year to carry out this section. SEC. 6. CIVIL SERVICE RETIREMENT SYSTEM COMPUTATION FOR PART-TIME SERVICE. Section 8339(p) of title 5, United States Code, is amended by adding at the end the following: ``(3)(A) In the administration of paragraph (1)-- ``(i) subparagraph (A) of such paragraph shall apply to any service performed before, on, or after April 7, 1986; ``(ii) subparagraph (B) of such paragraph shall apply to all service performed on a part- time or full-time basis on or after April 7, 1986; and ``(iii) any service performed on a part- time basis before April 7, 1986, shall be credited as service performed on a full-time basis. ``(B) This paragraph shall be effective with respect to any annuity entitlement to which is based on a separation from service occurring on or after the date of the enactment of this paragraph.''. SEC. 7. WORKFORCE INVESTMENT ACTIVITIES FOR OLDER WORKERS. (a) State Boards.--Section 111(b)(1)(C) of the Workforce Investment Act of 1998 (29 U.S.C. 2821(b)(1)(C)) is amended-- (1) in clause (vi), by striking ``and'' at the end; (2) by redesignating clause (vii) as clause (viii); and (3) by inserting after clause (vi) the following: ``(vii) representatives of older individuals, who shall be representatives from the State agency (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)) in the State or recipients of grants under title V of such Act (42 U.S.C. 3056 et seq.) in the State; and''. (b) Local Boards.--Section 117(b)(2)(A) of such Act (29 U.S.C. 2832(b)(2)(A)) is amended-- (1) in clause (v), by striking ``and'' at the end; and (2) by adding at the end the following: ``(vii) representatives of older individuals, who shall be representatives from an area agency on aging (as defined in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002)) in the local area or recipients of grants under title V of such Act (42 U.S.C. 3056 et seq.) in the local area; and''. (c) Reservation of Funds for Older Individuals.--Section 134 of such Act (29 U.S.C. 2864) is amended by adding at the end the following: ``(f) Reservation for Older Individuals From Funds Allocated for Adults.-- ``(1) Definition.--In this subsection, the term `allocated funds' means the funds allocated to a local area under paragraph (2)(A) or (3) of section 133(b). ``(2) Reservation.--The local area shall ensure that 5 percent of the allocated funds that are used to provide services under subsection (d) or (e) are reserved for services for older individuals.''. SEC. 8. ELIGIBILITY OF OLDER WORKERS FOR THE WORK OPPORTUNITY CREDIT. (a) In General.--Section 51(d)(1) of the Internal Revenue Code of 1986 (relating to members of targeted groups) is amended-- (1) by striking ``or'' at the end of subparagraph (H), (2) by striking the period at the end of subparagraph (I) and inserting ``, or'', and (3) by adding at the end the following new subparagraph: ``(J) a qualified older worker.''. (b) Qualified Older Worker.--Section 51(d) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating paragraphs (11), (12), and (13) as paragraphs (12), (13), and (14), respectively, and (2) by inserting after paragraph (10) the following new paragraph: ``(11) Qualified older worker.--The term `qualified older worker' means any individual who is certified by the designated local agency as being an individual who is age 55 or older and whose income is not more than 125 percent of the poverty line (as defined by the Office of Management and Budget), excluding any income that is unemployment compensation, a benefit received under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), a payment made to or on behalf of veterans or former members of the Armed Forces under the laws administered by the Secretary of Veterans Affairs, or 25 percent of a benefit received under title II of the Social Security Act (42 U.S.C. 401 et seq.).''. (c) Effective Date.--The amendments made this section shall apply to amounts paid or incurred after the date of the enactment of this Act to individuals who begin work for the employer after such date. SEC. 9. NORMAL RETIREMENT AGE. (a) Amendment to Internal Revenue Code of 1986.--Section 411of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Special Rule for Determining Normal Retirement Age for Certain Existing Defined Benefit Plans.-- ``(1) In general.--For purposes of subsection (a)(8)(A), an applicable plan shall not be treated as failing to meet any requirement of this subchapter, or as failing to have a uniform normal retirement age for purposes of this subchapter, solely because the plan has adopted the normal retirement age described in paragraph (2). ``(2) Applicable plan.--For purposes of this subsection-- ``(A) In general.--The term `applicable plan' means a defined benefit plan that, on the date of the introduction of the Incentives for Older Workers Act, has adopted a normal retirement age which is the earlier of-- ``(i) an age otherwise permitted under subsection (a)(8)(A), or ``(ii) the age at which a participant completes the number of years (not less than 30 years) of benefit accrual service specified by the plan. A plan shall not fail to be treated as an applicable plan solely because, as of such date, the normal retirement age described in the preceding sentence only applied to certain participants or to certain employers participating in the plan. ``(B) Expanded application.--If, after the date described in subparagraph (A), an applicable plan expands the application of the normal retirement age described in subparagraph (A) to additional participants or participating employers, such plan shall also be treated as an applicable plan with respect to such participants or participating employers.''. (b) Amendments to Employee Retirement Income Security Act of 1974.--Section 204 of the Employee Retirement Income Security Act of 1974 is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: ``(k) Special Rule for Determining Normal Retirement Age for Certain Existing Defined Benefit Plans.-- ``(1) In general.--For purposes of section 3(24), an applicable plan shall not be treated as failing to meet any requirement of this title, or as failing to have a uniform normal retirement age for purposes of this title, solely because the plan has adopted the normal retirement age described in paragraph (2). ``(2) Applicable plan.--For purposes of this subsection-- ``(A) In general.--The term `applicable plan' means a defined benefit plan that, on the date of the introduction of the Incentives for Older Workers Act, has adopted a normal retirement age which is the earlier of-- ``(i) an age otherwise permitted under section 2(24), or ``(ii) the age at which a participant completes the number of years (not less than 30 years) of benefit accrual service specified by the plan. A plan shall not fail to be treated as an applicable plan solely because, as of such date, the normal retirement age described in the preceding sentence only applied to certain participants or to certain employers participating in the plan. ``(B) Expanded application.--If, after the date described in subparagraph (A), an applicable plan expands the application of the normal retirement age described in subparagraph (A) to additional participants or participating employers, such plan shall also be treated as an applicable plan with respect to such participants or participating employers.''. (c) Effective Date.--The amendments made by this section shall apply to years beginning before, on, or after the date of the enactment of this Act.

Incentives for Older Workers Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC) to prohibit a reduction in benefits for an employee under a defined benefit pension plan who has begun a phased retirement and was employed on a substantially full-time basis during the previous 12-month period before phased retirement. Defines "phased retirement" as the period when an employee is employed on substantially less than a full-time basis or with substantially reduced responsibilities after reaching age 50 or completing 30 years of creditable service under the plan. Amends the Social Security Act to raise from 70 to 72 the age up to which inidividuals are allowed to earn delayed retirement credits for purposes of the calculation of increased old-age insurance benefit payments. Revises federal old-age, survivors, and disability insurance benefits requirements to eliminate the 50% reduction in such benefits due to an individual who claims benefits before reaching 66 years old and who continues to work. (Retains the 33 1/3% offset.) Directs the Secretary of Labor to award a grant to establish a National Resource Center on Aging and the Workforce to act as a national information clearinghouse on workforce issues, challenges, and solutions for older workers. Revises Civil Service Retirement System (CSRS) annuity computation requirements for retiring CSRS employees whose employment service includes part-time service. Amends the Workforce Investment Act of 1998 (WIA) to revise the composition of state and local workforce investment boards to include representatives of older individuals. Sets aside 5% of WIA funds allocated to local areas for certain adult employment and training activities for activities for older workers. Amends the IRC to expand eligibility for the Work Opportunity Tax Credit to qualified older workers (age 55 or older whose income does not exceed 125% of the poverty line). Allows certain defined benefit pension plans to define normal retirement age as the earlier of the attainment of: (1) a specified allowed age; or (2) at least 30 years of service.

A bill to improve the employability of older Americans.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Ninth Circuit Reorganization Act of 1999''. SEC. 2. DIVISIONAL ORGANIZATION OF THE COURT OF APPEALS FOR THE NINTH CIRCUIT. (a) Regional Divisions.--Effective 180 days after the date of enactment of this Act, the United States Court of Appeals for the Ninth Circuit shall be organized into 3 regional divisions designated as the Northern Division, the Middle Division, and the Southern Division, and a nonregional division designated as the Circuit Division. (b) Review of Decisions.-- (1) Nonapplication of section 1294.--Section 1294 of title 28, United States Code, shall not apply to the Ninth Circuit Court of Appeals. The review of district court decisions shall be governed as provided in this subsection. (2) Review.--Except as provided in sections 1292(c), 1292(d), and 1295 of title 28, United States Code, once the court is organized into divisions, appeals from reviewable decisions of the district and territorial courts located within the Ninth Circuit shall be taken to the regional divisions of the Ninth Circuit Court of Appeals as follows: (A) Appeals from the districts of Alaska, Guam, Hawaii, Idaho, Montana, the Northern Mariana Islands, Oregon, Eastern Washington, and Western Washington shall be taken to the Northern Division. (B) Appeals from the districts of Eastern California, Northern California, and Nevada shall be taken to the Middle Division. (C) Appeals from the districts of Arizona, Central California, and Southern California shall be taken to the Southern Division. (D) Appeals from the Tax Court, petitions to enforce the orders of administrative agencies, and other proceedings within the court of appeals' jurisdiction that do not involve review of district court actions shall be filed in the court of appeals and assigned to the division that would have jurisdiction over the matter if the division were a separate court of appeals. (3) Assignment of judges.--Each regional division shall include from 7 to 11 judges of the court of appeals in active status. A majority of the judges assigned to each division shall reside within the judicial districts that are within the division's jurisdiction as specified in paragraph (2). Judges in senior status may be assigned to regional divisions in accordance with policies adopted by the court of appeals. Any judge assigned to 1 division may be assigned by the chief judge of the circuit for temporary duty in another division as necessary to enable the divisions to function effectively. (4) Presiding judges.--Section 45 of title 28, United States Code, shall govern the designation of the presiding judge of each regional division as though the division were a court of appeals, except that the judge serving as chief judge of the circuit may not at the same time serve as presiding judge of a regional division, and that only judges resident within, and assigned to, the division shall be eligible to serve as presiding judge of that division. (5) Panels.--Panels of a division may sit to hear and decide cases at any place within the judicial districts of the division, as specified by a majority of the judges of the division. The divisions shall be governed by the Federal Rules of Appellate Procedure and by local rules and internal operating procedures adopted by the court of appeals. The divisions may not adopt their own local rules or internal operating procedures. The decisions of 1 regional division shall not be regarded as binding precedents in the other regional divisions. (c) Circuit Division.-- (1) In general.--In addition to the 3 regional divisions specified under subsection (a), the Ninth Circuit Court of Appeals shall establish a Circuit Division composed of the chief judge of the circuit and 12 other circuit judges in active status, chosen by lot in equal numbers from each regional division. Except for the chief judge of the circuit, who shall serve ex officio, judges on the Circuit Division shall serve nonrenewable, staggered terms of 3 years each. One- third of the judges initially selected by lot shall serve terms of 1 year each, one-third shall serve terms of 2 years each, and one-third shall serve terms of 3 years each. Thereafter all judges shall serve terms of 3 years each. If a judge on the Circuit Division is disqualified or otherwise unable to serve in a particular case, the presiding judge of the regional division to which that judge is assigned shall randomly select a judge from the division to serve in the place of the unavailable judge. (2) Jurisdiction.--The Circuit Division shall have jurisdiction to review, and to affirm, reverse, or modify any final decision rendered in any of the court's divisions that conflicts on an issue of law with a decision in another division of the court. The exercise of such jurisdiction shall be within the discretion of the Circuit Division and may be invoked by application for review by a party to the case, setting forth succinctly the issue of law as to which there is a conflict in the decisions of 2 or more divisions. The Circuit Division may review the decision of a panel within a division only if en banc review of the decision has been sought and denied by the division. (3) Procedures.--The Circuit Division shall consider and decide cases through procedures adopted by the court of appeals for the expeditious and inexpensive conduct of the division's business. The Circuit Division shall not function through panels. The Circuit Division shall decide issues of law on the basis of the opinions, briefs, and records in the conflicting decisions under review, unless the Circuit Division determines that special circumstances make additional briefing or oral argument necessary. (4) En banc proceedings.--Section 46 of title 28, United States Code, shall apply to each regional division of the Ninth Circuit Court of Appeals as though the division were the court of appeals. Section 46(c) of title 28, United States Code, authorizing hearings or rehearings en banc, shall be applicable only to the regional divisions of the court and not to the court of appeals as a whole. After a divisional plan is in effect, the court of appeals shall not order any hearing or rehearing en banc, and the authorization for a limited en banc procedure under section 6 of Public Law 95-486 (92 Stat. 1633), shall not apply to the Ninth Circuit. An en banc proceeding ordered before the divisional plan is in effect may be heard and determined in accordance with applicable rules of appellate procedure. (d) Clerks and Employees.--Section 711 of title 28, United States Code, shall apply to the Ninth Circuit Court of Appeals, except the clerk of the Ninth Circuit Court of Appeals may maintain an office or offices in each regional division of the court to provide services of the clerk's office for that division. (e) Study of Effectiveness.--The Federal Judicial Center shall conduct a study of the effectiveness and efficiency of the divisions in the Ninth Circuit Court of Appeals. No later than 3 years after the effective date of this Act, the Federal Judicial Center shall submit to the Judicial Conference of the United States a report summarizing the activities of the divisions, including the Circuit Division, and evaluating the effectiveness and efficiency of the divisional structure. The Judicial Conference shall submit recommendations to Congress concerning the divisional structure and whether the structure should be continued with or without modification. SEC. 2. ASSIGNMENT OF JUDGES; PANELS; EN BANC PROCEEDINGS; DIVISIONS; QUORUM. (a) In General.--Section 46 of title 28, United States Code, is amended to read as follows: ``Sec. 46. Assignment of judges; panels; en banc proceedings; divisions; quorum ``(a) Circuit judges shall sit on the court of appeals and its panels in such order and at such times as the court directs. ``(b) Unless otherwise provided by rule of court, a court of appeals or any regional division thereof shall consider and decide cases and controversies through panels of 3 judges, at least 2 of whom shall be judges of the court, unless such judges cannot sit because recused or disqualified, or unless the chief judge of that court certifies that there is an emergency including, but not limited to, the unavailability of a judge of the court because of illness. A court may provide by rule for the disposition of appeals through panels consisting of 2 judges, both of whom shall be judges of the court. Panels of the court shall sit at times and places and hear the cases and controversies assigned as the court directs. The United States Court of Appeals for the Federal Circuit shall determine by rule a procedure for the rotation of judges from panel-to-panel to ensure that all of the judges sit on a representative cross section of the cases heard and, notwithstanding the first sentence of this subsection, may determine by rule the number of judges, not less than 2, who constitute a panel. ``(c) Notwithstanding subsection (b), a majority of the judges of a court of appeals not organized into divisions as provided in subsection (d) who are in regular active service may order a hearing or rehearing before the court en banc. A court en banc shall consist of all circuit judges in regular active service, except that any senior circuit judge of the circuit shall be eligible to participate, at that judge's election and upon designation and assignment pursuant to section 294(c) and the rules of the circuit, as a member of an en banc court reviewing a decision of a panel of which such judge was a member. ``(d)(1) A court of appeals having more than 15 authorized judgeships may organize itself into 2 or more adjudicative divisions, with each judge of the court assigned to a specific division, either for a specified term of years or indefinitely. The court's docket shall be allocated among the divisions in accordance with a plan adopted by the court, and each division shall have exclusive appellate jurisdiction over the appeals assigned to it. The presiding judge of each division shall be determined from among the judges of the division in active status as though the division were the court of appeals, except the chief judge of the circuit shall not serve at the same time as the presiding judge of a division. ``(2) When organizing itself into divisions, a court of appeals shall establish a circuit division, consisting of the chief judge and additional circuit judges in active status, selected in accordance with rules adopted by the court, so as to make an odd number of judges but not more than 13. ``(3) The circuit division shall have jurisdiction to review, and to affirm, reverse, or modify any final decision rendered in any of the court's divisions that conflicts on an issue of law with a decision in another division of the court. The exercise of such jurisdiction shall be within the discretion of the circuit division and may be invoked by application for review by a party to the case, setting forth succinctly the issue of law as to which there is a conflict in the decisions of 2 or more divisions. The circuit division may review the decision of a panel within a division only if en banc review of the decision has been sought and denied by the division. ``(4) The circuit division shall consider and decide cases through procedures adopted by the court of appeals for the expeditious and inexpensive conduct of the circuit division's business. The circuit division shall not function through panels. The circuit division shall decide issues of law on the basis of the opinions, briefs, and records in the conflicting decisions under review, unless the division determines that special circumstances make additional briefing or oral argument necessary. ``(e) This section shall apply to each division of a court that is organized into divisions as though the division were the court of appeals. Subsection (c), authorizing hearings or rehearings en banc, shall be applicable only to the divisions of the court and not to the court of appeals as a whole, and the authorization for a limited en banc procedure under section 6 of Public Law 95-486 (92 Stat. 1633), shall not apply in that court. After a divisional plan is in effect, the court of appeals shall not order any hearing or rehearing en banc, but an en banc proceeding already ordered may be heard and determined in accordance with applicable rules of appellate procedure. ``(f) A majority of the number of judges authorized to constitute a court, a division, or a panel thereof shall constitute a quorum.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 3 of title 28, United States Code, is amended by amending the item relating to section 46 to read as follows: ``46. Assignment of judges; panels; en banc proceedings; divisions; quorum.''. (c) Monitoring Implementation.--The Federal Judicial Center shall monitor the implementation of section 46 of title 28, United States Code (as amended by this section) for 3 years following the date of enactment of this Act and report to the Judicial Conference such information as the Center determines relevant or that the Conference requests to enable the Judicial Conference to assess the effectiveness and efficiency of this section. SEC. 3. DISTRICT COURT APPELLATE PANELS. (a) In General.--Chapter 5 of title 28, United States Code, is amended by adding after section 144 the following: ``Sec. 145. District Court Appellate Panels ``(a) The judicial council of each circuit may establish a district court appellate panel service composed of district judges of the circuit, in either active or senior status, who are assigned by the judicial council to hear and determine appeals in accordance with subsection (b). Judges assigned to the district court appellate panel service may continue to perform other judicial duties. ``(b) An appeal heard under this section shall be heard by a panel composed of 2 district judges assigned to the district court appellate panel service, and 1 circuit judge as designated by the chief judge of the circuit. The circuit judge shall preside. A district judge serving on an appellate panel shall not participate in the review of decisions of the district court to which the judge has been appointed. The clerk of the court of appeals shall serve as the clerk of the district court appellate panels. A district court appellate panel may sit at any place within the circuit, pursuant to rules promulgated by the judicial council, to hear and decide cases, for the convenience of parties and counsel. ``(c) In establishing a district court appellate panel service, the judicial council shall specify the categories or types of cases over which district court appellate panels shall have appellate jurisdiction. In such cases specified by the judicial council as appropriate for assignment to district court appellate panels, and notwithstanding sections 1291 and 1292, the appellate panel shall have exclusive jurisdiction over district court decisions and may exercise all of the authority otherwise vested in the court of appeals under sections 1291, 1292, 1651, and 2106. A district court appellate panel may transfer a case within its jurisdiction to the court of appeals if the panel determines that disposition of the case involves a question of law that should be determined by the court of appeals. The court of appeals shall thereupon assume jurisdiction over the case for all purposes. ``(d) Final decisions of district court appellate panels may be reviewed by the court of appeals, in its discretion. A party seeking review shall file a petition for leave to appeal in the court of appeals, which that court may grant or deny in its discretion. If a court of appeals is organized into adjudicative divisions, review of a district court appellate panel decision shall be in the division to which an appeal would have been taken from the district court had there been no district court appellate panel. ``(e) Procedures governing review in district court appellate panels and the discretionary review of such panels in the court of appeals shall be in accordance with rules promulgated by the court of appeals. ``(f) After a judicial council of a circuit makes an order establishing a district court appellate panel service, the chief judge of the circuit may request the Chief Justice of the United States to assign 1 or more district judges from another circuit to serve on a district court appellate panel, if the chief judge determines there is a need for such judges. The Chief Justice may thereupon designate and assign such judges for this purpose.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 5 of title 28, United States Code, is amended by adding after the item relating to section 144 the following: ``145. District court appellate panels.''. (c) Monitoring Implementation.--The Federal Judicial Center shall monitor the implementation of section 145 of title 28, United States Code (as added by this section) for 3 years following the date of enactment of this Act and report to the Judicial Conference such information as the Center determines relevant or that the Conference requests to enable the Conference to assess the effectiveness and efficiency of this section.

Federal Ninth Circuit Reorganization Act of 1999 - Organizes the United States Court of Appeals for the Ninth Circuit into three regional divisions, designated as the Northern, Middle, and Southern Divisions, and a nonregional Circuit Division. Makes provisions of the Federal judicial code regarding circuits in which decisions are reviewable inapplicable to the Ninth Circuit, with such review instead governed by this Act. Directs that appeals from: (1) the districts of Alaska, Guam, Hawaii, Idaho, Montana, the Northern Mariana Islands Oregon, Eastern Washington, and Western Washington be taken to the Northern Division; (2) the districts of Eastern California, Northern California, and Nevada be taken to the Middle Division; (3) the districts of Arizona, Central California, and Southern California be taken to the Southern Division; and (4) the Tax Court, petitions to enforce the orders of administrative agencies, and specified other proceedings be filed in the court of appeals and assigned to the division that would have jurisdiction if the division were a separate court of appeals. Directs the Ninth Circuit to establish a Circuit Division which shall have jurisdiction to review, and to affirm, reverse, or modify, any final decision rendered in any of the court's divisions that conflicts on an issue of law with a decision in another division of the court. Requires: (1) the Federal Judicial Center to study the effectiveness and efficiency of the Ninth Circuit divisions, and report to the Judicial Conference of the United States; and (2) the Judicial Conference to submit recommendations to the Congress. (Sec. 2) Rewrites provisions regarding the assignment of judges to direct a court of appeals or any regional division thereof to consider and decide cases and controversies through three judge panels, at least two of whom shall be judges of the court, with exceptions. Directs the United States Court of Appeals for the Federal Circuit to determine a procedure for the rotation of judges. (Sec. 3) Amends the judicial code to authorize the judicial council of each circuit to establish a district court appellate panel service. Directs the judicial council to specify the categories or types of cases over which such panels shall have appellate jurisdiction. Directs the Federal Judicial Center to monitor the implementation under this section and to report to the Judicial Conference.

Federal Ninth Circuit Reorganization Act of 1999

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Health Savings Act of 2015''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Health savings accounts for children. Sec. 3. Allowing HSA rollover to child or parent of account holder. Sec. 4. Maximum contribution limit to HSA increased to amount of deductible and out-of-pocket limitation. Sec. 5. Equivalent bankruptcy protections for health savings accounts as retirement funds. Sec. 6. Allowance of silver and bronze plans in connection with health savings accounts. Sec. 7. Identification of HSA compatible plans. SEC. 2. HEALTH SAVINGS ACCOUNTS FOR CHILDREN. (a) In General.--Section 223 of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Child Health Savings Accounts.-- ``(1) In general.--In the case of an individual, in addition to any deduction allowed under subsection (a) for any taxable year, there shall be allowed as a deduction under this section an amount equal to the aggregate amount paid in cash by the taxpayer during the taxable year to a child health savings account of a child or grandchild of the taxpayer. ``(2) Limitations.-- ``(A) Deduction limitation.--The amount taken into account under paragraph (1) with respect to each child or grandchild of the taxpayer, as the case may be, for the taxable year shall not exceed the sum of the monthly limitations with respect to such child for months during the taxable year that the child is an eligible individual. ``(B) Limit on accounts with respect to individual.--The aggregate amount of contributions which may be made for any taxable year to all child health savings accounts established and maintained on behalf of a child shall not exceed the sum of the monthly limitations for months during the taxable year that the child is an eligible individual. ``(C) Monthly limitation.--The monthly limitation for any month with respect to a child is \1/12\ of the amount in effect for the taxable year under subsection (c)(2)(A)(ii)(I). ``(3) Treatment of account while a dependent.--For purposes of this section, except as otherwise provided in this subsection, a child health savings account established for the benefit of the child of a taxpayer shall be treated as a health savings account of the taxpayer until the first taxable year (and each taxable year thereafter) for which no deduction under section 151 is allowable to any taxpayer with respect to such child, after which such account shall be treated as a health savings account of the child. The preceding sentence shall not apply for purposes of applying the limitations in subsection (b) to a health savings account of the taxpayer. ``(4) Child health savings account.--For purposes of this subsection, the term `child health savings account' means a health savings account designated as a child health savings account and established for the benefit of a child of a taxpayer. ``(5) Qualified medical expenses.--For purposes of this section, the term `qualified medical expenses' shall, with respect to any child health savings account, not include any amounts paid for medical care (as defined in section 213(d)) for any individual other than the child for whose benefit the account is maintained. ``(6) Exceptions for disability or death of child.--If the child becomes disabled within the meaning of section 72(m)(7) or dies-- ``(A) subsection (f)(4)(A) shall not apply to any subsequent payment or distribution, and ``(B) the taxpayer may rollover the amount in such account to any health savings account of the taxpayer or grandparent of the child or to any child health savings account of any other child of the taxpayer. ``(7) Guardians.--Any legal guardian of a child shall be treated as the parent of such child for purposes of this section. ``(8) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including rules for determining application of this subsection in the case of legal guardians and in the case of parents of a child who file separately, are separated, or are not married.''. (b) Coordination With Means-Tested Programs.--Amounts in a child health savings account shall not be taken into account in determining resources for purposes of title XIX of the Social Security Act. (c) 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. ALLOWING HSA ROLLOVER TO CHILD OR PARENT OF ACCOUNT HOLDER. (a) In General.--Subparagraph (A) of section 223(f)(8) of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``child, parent, or grandparent'' after ``surviving spouse'', (2) by inserting ``child, parent, or grandparent, as the case may be,'' after ``the spouse'', (3) by inserting ``, child, parent, or grandparent'' after ``spouse'' in the heading thereof, and (4) by adding at the end the following: ``In the case of a child who acquires such beneficiary's interest and 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, such health savings account shall be treated as a child health savings account of the child.''. (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. 4. MAXIMUM CONTRIBUTION LIMIT TO HSA INCREASED TO AMOUNT OF DEDUCTIBLE AND OUT-OF-POCKET LIMITATION. (a) Self-Only Coverage.--Subparagraph (A) of section 223(b)(2) of the Internal Revenue Code of 1986 is amended by striking ``$2,250'' and inserting ``the amount in effect under subsection (c)(2)(A)(ii)(I)''. (b) Family Coverage.--Subparagraph (B) of section 223(b)(2) of such Code is amended by striking ``$4,500'' and inserting ``the amount in effect under subsection (c)(2)(A)(ii)(II)''. (c) Conforming Amendment.--Section 223(g)(1) of such Code is amended by striking ``subsections (b)(2) and'' and inserting ``subsection''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. EQUIVALENT BANKRUPTCY PROTECTIONS FOR HEALTH SAVINGS ACCOUNTS AS RETIREMENT FUNDS. (a) In General.--Section 522 of title 11, United States Code, is amended by adding at the end the following new subsection: ``(r) For purposes of this section, any health savings account (as described in section 223 of the Internal Revenue Code of 1986) shall be treated in the same manner as an individual retirement account described in section 408 of such Code.''. (b) Effective Date.--The amendment made by this section shall apply to cases commencing under title 11, United States Code, after the date of the enactment of this Act. SEC. 6. ALLOWANCE OF SILVER AND BRONZE PLANS IN CONNECTION WITH HEALTH SAVINGS ACCOUNTS. (a) In General.--Section 223 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``a high deductible health plan'' each place it appears and inserting ``an HSA compatible health plan'', (2) by striking ``high deductible health plan'' in subsection (b)(8)(A)(ii) and inserting ``HSA compatible health plan'', and (3) by striking ``the high deductible health plan'' in subsection (c)(1)(A)(ii)(II) and inserting ``the HSA compatible health plan''. (b) HSA Compatible Health Plan Defined.--Paragraph (2) of section 223(c) of such Code is amended by redesignating subparagraphs (A), (B), (C), and (D) as subparagraphs (B), (C), (D), and (E) and by inserting before subparagraph (B), as so redesignated, the following new subparagraph: ``(A) In general.--The term `HSA compatible health plan' means-- ``(i) any high deductible health plan, ``(ii) any plan described in section 1302(e) of the Patient Protection and Affordable Care Act (relating to catastrophic plan), or ``(iii) any silver or bronze plan which was enrolled in through an Exchange established under section 1311 or section 1321 of the Patient Protection and Affordable Care Act.''. (c) Clerical Amendments.--Section 223 of such Code is amended-- (1) by striking ``In general'' in the heading for subsection (c)(2)(B), as redesignated by subsection (b) of this Act, and inserting ``High deductible health plan'', (2) by striking ``high deductible health plan'' in the heading for subsection (b)(8)(B) and inserting ``hsa compatible health plan'', and (3) by striking ``High deductible health plan'' in the heading for subsection (c)(2) and inserting ``HSA compatible health plan''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2015. SEC. 7. IDENTIFICATION OF HSA COMPATIBLE PLANS. Section 1103(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 18003(b)) is amended by adding at the end the following new paragraph: ``(3) Identification of hsa compatible plans.--Beginning for plan year 2016, the format described in paragraph (1) shall require that information on a coverage option described in subsection (a)(2) that is an HSA compatible health plan (as defined in section 223(c)(2) of the Internal Revenue Code of 1986) identifies such plan as a plan that satisfies the requirement of section 223(c)(1)(A)(i) of such Code.''.

Health Savings Act of 2015 Amends the Internal Revenue Code, with respect to health savings accounts (HSAs), to: (1) allow an additional tax deduction for amounts paid to the HSA of a taxpayer's child or grandchild; (2) allow a rollover of HSA funds to the child, parent, or grandparent of an account holder; (3) increase the maximum HSA contribution limit to match the amount of the deductible and out-of-pocket expenses under a high deductible health plan; and (4) expand the definition of an HSA compatible plan to include bronze, silver, and catastrophic plans on an insurance exchange. Amends the federal bankruptcy code to treat HSAs in the same manner as individual retirement accounts for purposes of determining exemptions from the bankruptcy estate.

Health Savings Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Oregon Water Resources Management Act of 2006''. SEC. 2. EXTENSION OF PARTICIPATION OF BUREAU OF RECLAMATION IN DESCHUTES RIVER CONSERVANCY. Section 301 of the Oregon Resource Conservation Act of 1996 (division B of Public Law 104-208; 110 Stat. 3009-534) is amended-- (1) in subsection (a)(1), by striking ``Deschutes River Basin Working Group'' and inserting ``Deschutes River Conservancy Working Group''; (2) by amending the text of subsection (a)(1)(B) to read as follows: ``4 representatives of private interests including two from irrigated agriculture who actively farm more than 100 acres of irrigated land and are not irrigation district managers and two from the environmental community;''; (3) in subsection (b)(3), by inserting before the final period the following: ``, and up to a total amount of $2,000,000 during each of fiscal years 2006 through 2015''; and (4) in subsection (h), by inserting before the period at the end the following: ``, and $2,000,000 for each of fiscal years 2006 through 2015''. SEC. 3. WALLOWA LAKE DAM REHABILITATION ACT. (a) Definitions.--In this section, the following definitions apply: (1) Associated ditch companies, incorporated.--The term ``Associated Ditch Companies, Incorporated'' means the nonprofit corporation established under the laws of the State of Oregon that operates Wallowa Lake Dam. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (3) Wallowa lake dam rehabilitation program.--The term ``Wallowa Lake Dam Rehabilitation Program'' means the program for the rehabilitation of the Wallowa Lake Dam in Oregon, as contained in the engineering document titled, ``Phase I Dam Assessment and Preliminary Engineering Design'', dated December 2002, and on file with the Bureau of Reclamation. (b) Authorization to Participate in Program.-- (1) Grants and cooperative agreements.--The Secretary may provide grants to, or enter into cooperative or other agreements with, tribal, State, and local governmental entities and the Associated Ditch Companies, Incorporated, to plan, design, and construct facilities needed to implement the Wallowa Lake Dam Rehabilitation Program. (2) Conditions.--As a condition of providing funds under paragraph (1), the Secretary shall ensure that-- (A) the Wallowa Lake Dam Rehabilitation Program and activities under this section meet the standards of the dam safety program of the State of Oregon; (B) the Associated Ditch Companies, Incorporated, agrees to assume liability for any work performed, or supervised, with Federal funds provided to it under this section; and (C) the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to a facility rehabilitated or constructed with Federal funds provided under this section, both while and after activities are conducted using Federal funds provided under this section. (3) Cost sharing.-- (A) In general.--The Federal share of the costs of activities authorized under this section shall not exceed 50 percent. (B) Exclusions from federal share.--There shall not be credited against the Federal share of such costs-- (i) any expenditure by the Bonneville Power Administration in the Wallowa River watershed; and (ii) expenditures made by individual agricultural producers in any Federal commodity or conservation program. (4) Compliance with state law.--The Secretary, in carrying out this section, shall comply with applicable Oregon State water law. (5) Prohibition on holding title.--The Federal Government shall not hold title to any facility rehabilitated or constructed under this section. (6) Prohibition on operation and maintenance.--The Federal Government shall not be responsible for the operation and maintenance of any facility constructed or rehabilitated under this section. (c) Relationship to Other Law.--Activities funded under this section shall not be considered a supplemental or additional benefit under Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.)). (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to pay the Federal share of the costs of activities authorized under this section, $6,000,000. (e) Sunset.--The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section. SEC. 4. LITTLE BUTTE/BEAR CREEK SUBBASINS, OREGON, WATER RESOURCE STUDY. (a) Authorization.--The Secretary of the Interior, acting through the Bureau of Reclamation, may participate in the Water for Irrigation, Streams and the Economy Project water management feasibility study and environmental impact statement in accordance with the ``Memorandum of Agreement Between City of Medford and Bureau of Reclamation for the Water for Irrigation, Streams, and the Economy Project'', dated July 2, 2004. (b) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Bureau of Reclamation $500,000 to carry out activities under this section. (2) Non-federal share.-- (A) In general.--The non-Federal share shall be 50 percent of the total costs of the Bureau of Reclamation in carrying out subsection (a). (B) Form.--The non-Federal share required under subparagraph (A) may be in the form of any in-kind services that the Secretary of the Interior determines would contribute substantially toward the conduct and completion of the study and environmental impact statement required under subsection (a). (c) Sunset.--The authority of the Secretary to carry out any provisions of this section shall terminate 10 years after the date of the enactment of this section. SEC. 5. NORTH UNIT IRRIGATION DISTRICT. (a) Short Title.--This section may be cited as the ``North Unit Irrigation District Act of 2006''. (b) Amendment.--The Act of August 10, 1954 (68 Stat. 679, chapter 663), is amended-- (1) in the first section-- (A) by inserting ``(referred to in this Act as the `District')'' after ``irrigation district''; and (B) by inserting ``(referred to in this Act as the `Contract')'' after ``1953''; and (2) by adding at the end the following: ``SEC. 3. ADDITIONAL TERMS. ``On approval of the District directors and notwithstanding project authorizing legislation to the contrary, the Contract is modified, without further action by the Secretary of the Interior, to include the following modifications: ``(1) In Article 8(a) of the Contract, by deleting `a maximum of 50,000' and inserting `approximately 59,000' after `irrigation service to'. ``(2) In Article 11(a) of the Contract, by deleting `The classified irrigable lands within the project comprise 49,817.75 irrigable acres, of which 35,773.75 acres are in Class A and 14,044.40 in Class B. These lands and the standards upon which the classification was made are described in the document entitled ``Land Classification, North Unit, Deschutes Project, 1953'' which is on file in the office of the Regional Director, Bureau of Reclamation, Boise, Idaho, and in the office of the District' and inserting `The classified irrigable land within the project comprises 58,902.8 irrigable acres, all of which are authorized to receive irrigation water pursuant to water rights issued by the State of Oregon and have in the past received water pursuant to such State water rights.'. ``(3) In Article 11(c) of the Contract, by deleting `, with the approval of the Secretary,' after `District may', by deleting `the 49,817.75 acre maximum limit on the irrigable area is not exceeded' and inserting `irrigation service is provided to no more than approximately 59,000 acres and no amendment to the District boundary is required' after `time so long as'. ``(4) In Article 11(d) of the Contract, by inserting `, and may further be used for instream purposes, including fish or wildlife purposes, to the extent that such use is required by Oregon State law in order for the District to engage in, or take advantage of, conserved water projects as authorized by Oregon State law' after `herein provided'. ``(5) By adding at the end of Article 12(d) the following: `(e) Notwithstanding the above subsections of this Article or Article 13 below, beginning with the irrigation season immediately following the date of enactment of the North Unit Irrigation District Act of 2006, the annual installment for each year, for the District, under the Contract, on account of the District's construction charge obligation, shall be a fixed and equal annual amount payable on June 30 the year following the year for which it is applicable, such that the District's total construction charge obligation shall be completely paid by June 30, 2044.'. ``(6) In Article 14(a) of the Contract, by inserting `and for instream purposes, including fish or wildlife purposes, to the extent that such use is required by Oregon State law in order for the District to engage in, or take advantage of, conserved water projects as authorized by Oregon State law,' after `and incidental stock and domestic uses', by inserting `and for instream purposes as described above,' after `irrigation, stock and domestic uses', and by inserting `, including natural flow rights out of the Crooked River held by the District' after `irrigation system'. ``(7) In Article 29(a) of the Contract, by inserting `and for instream purposes, including fish or wildlife purposes, to the extent that such use is required by Oregon State law in order for the District to engage in, or take advantage of, conserved water projects as authorized by Oregon State law' after `provided in article 11'. ``(8) In Article 34 of the Contract, by deleting `The District, after the election and upon the execution of this contract, shall promptly secure final decree of the proper State court approving and confirming this contract and decreeing and adjudging it to be a lawful, valid, and binding general obligation of the District. The District shall furnish to the United States certified copies of such decrees and of all pertinent supporting records.' after `for that purpose.'. ``SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE. ``The Secretary of the Interior (acting through the Commissioner of Reclamation) may in the future renegotiate with the District such terms of the Contract as the District directors determine to be necessary, only upon the written request of the District directors and the consent of the Commissioner of Reclamation.''. Passed the House of Representatives September 25, 2006. Attest: KAREN L. HAAS, Clerk.

Oregon Water Resources Management Act of 2006 - (Sec. 2) Amends the Oregon Resource Conservation Act of 1996 to: (1) replace references to the Deschutes River Basin Working Group with the Deschutes River Conservancy Working Group; (2) require the two representatives of private interests from irrigated agriculture on the Working Group to actively farm more than 100 acres of irrigated land and not be irrigation district managers; (3) direct the Bureau of Reclamation to pay up to a total amount of $2 million for each of FY2006 through FY2015 for 50% of the cost of performing projects proposed by the Working Group and approved by the Secretary of the Interior; and (4) authorize appropriations for Deschutes Basin ecosystem restoration projects for FY2006-FY2015. (Sec. 3) Authorizes the Secretary, acting through the Commissioner of Reclamation, to provide grants to, or enter into cooperative or other agreements with, tribal, state, and local governmental entities and the Associated Ditch Companies, Incorporated (ADC) (nonprofit corporation that operates the Wallowa Lake Dam) to plan, design, and construct facilities needed to implement the Wallowa Lake Dam Rehabilitation Program. Directs the Secretary, as a condition of providing funds, to ensure that: (1) the Rehabilitation Program meets the standards of the dam safety program of Oregon; (2) ADC agrees to assume liability for any work performed or supervised with federal funds provided to it under this section; and (3) the United States shall not be liable for damages arising out of any act relating to a facility rehabilitated or constructed with federal funds provided under this Act, both while and after activities are conducted using such funds. Limits the federal share of the cost of activities authorized under this section to 50%. Prohibits the federal government from holding title to, or being responsible for the operation and maintenance of, any facility rehabilitated or constructed under this section. Authorizes appropriations. Terminates the Secretary's authority to carry out this section 10 years after its enactment. (Sec. 4) Authorizes the Secretary, acting through the Bureau, to participate in the Water for Irrigation, Streams and the Economy Project water management feasibility study and environmental impact statement in accordance with the Memorandum of Agreement Between City of Medford and Bureau of Reclamation for the Water for Irrigation, Streams and the Economy Project, dated July 2, 2004. Authorizes appropriations. Sets the non-federal share at 50% of the Bureau's costs in carrying out this section. Permits the non-federal share to be in the form of certain in-kind services. Terminates the Secretary's authority to carry out this section 10 years after its enactment. (Sec. 5) North Unit Irrigation District Act of 2006 - Modifies a repayment contract between the Secretary and the North Unit Irrigation District, Oregon, to permit the District to engage in, or take advantage of, conserved water projects authorized by Oregon law. Authorizes the Secretary to renegotiate such contract terms as the District directors determine to be necessary, only upon the written request of the District directors and the consent of the Commissioner.

To update the management of Oregon water resources, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Iraqi Refugee and Internally Displaced Persons Humanitarian Assistance, Resettlement, and Security Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Sense of Congress. Sec. 4. Statements of policy. Sec. 5. Humanitarian assistance for Iraqi refugees and IDPs. Sec. 6. Improved border security. Sec. 7. Special immigrant status. Sec. 8. Expedited processing of Iraqi refugees. Sec. 9. International cooperation. Sec. 10. Report to Congress. SEC. 2. FINDINGS. Congress finds the following: (1) Since the beginning of the war in Iraq, according to the Office of the United Nations High Commissioner for Refugees (UNHCR), more than 2,000,000 Iraqis have fled their homes for neighboring countries to avoid sectarian and other violence. (2) According to the UNHCR, there are 2,200,000 internally displaced people (IDPs) in Iraq, many lacking adequate food, shelter, and other basic services; (3) The security situation within Iraq reduces access to the Iraqi population by Iraqi Government agencies and humanitarian aid providers and greatly limits the provision of aid. (4) The dispersion of Iraqi refugees in poor urban areas of host countries makes it exceedingly difficult for humanitarian agencies to identify and reach these populations. (5) Iraq itself hosts more than 43,000 refugees from other countries, many of whom were refugees prior to 2003 and have been displaced in Iraq for a second time, including many Palestinians. (6) Palestinian refugee camps in Iraq near the Syrian and Jordanian borders remain in dire need of humanitarian assistance. (7) Many Iraqis have put their lives and those of their families at risk by working for the United States Government, United States companies, and nongovernmental organizations. (8) Since March 2003, the United States Government has admitted 1,459 Iraqi refugees, while Jordan, a resource-poor country, has accepted an estimated 750,000, Syria an estimated 1,500,000, and other countries neighboring Iraq have received hundreds of thousands more. (9) Current United States policies governing the processing of refugees constrain the Department of Homeland Security from expediting the screening procedures and increasing the number of Iraqi refugees accepted into the United States. (10) The massive flow of Iraqi refugees into neighboring host countries has overwhelmed existing social, economic, and security capacities of such countries. (11) The Government of Jordan and the Government of Syria require immediate assistance to adequately assist Iraqi refugee populations, to ensure an effective degree of security within their respective countries, and safeguard their borders. (12) Increasing destitution and poverty among displaced populations provide fertile ground for extremist ideologies to take root. (13) The Iraq Study group predicted that ``[a] humanitarian catastrophe could follow as more refugees are forced to relocate across the country and the region.''. (14) The humanitarian crisis in Iraq threatens to destabilize the entire region and other areas as well, including Central Asia and Europe. (15) Jordan estimates that it needs more than $1,000,000,000 in emergency assistance and Syria estimates it needs more than $250,000,000 in similar assistance to adequately provide for the refugee populations they are hosting, ensure an effective degree of security within their respective countries, and safeguard their borders. (16) The United States policy is to admit at least half of the refugees referred by the UNHCR. In 2007, UNHCR referred more than 9,500 cases to the United States. The United States pledged to resettle 7,000 Iraqi refugees in 2007, later reduced to 2,000, a commitment which has yet to be met. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) Iraqi refugees and IDPs will have an impact on the security of the region and the short and long-term effects of their displacement must be considered within overall United States Iraq policy; (2) the United States must demonstrate its commitment to resettle Iraqi refugees and to work with other governments, including the member states of the Organization for Security and Cooperation in Europe, to encourage them to do the same; and (3) the United States should express its gratitude and support to host countries for providing humanitarian assistance to Iraqi refugees, as well as to those countries that have already resettled Iraqi refugees. SEC. 4. STATEMENTS OF POLICY. The following shall be the policies of the United States: (1) To spearhead efforts to provide for the relief of Iraqi refugees and IDPs, to take the lead in funding assistance requests from the UNHCR and other humanitarian agencies, and to assist in the resettlement of Iraqi refugees, particularly those who have risked their lives and the lives of their families to assist the United States in Iraq. (2) To develop immediately a comprehensive program to support the host countries and meet the needs of the growing Iraqi refugee and IDP populations, and appoint a high-level coordinator to ensure expeditious and effective implementation of such a program. (3) To work with the Government of Iraq to help it improve its capacity and ability to provide relief for internally displaced persons in all communities throughout the country and to provide assistance to Iraqi refugees in neighboring countries. (4) To commit to working with international partners, including the United Nations, donor countries, international financial institutions, and international and indigenous nongovernmental organizations to assist in providing for the emergency, medium, and long-term humanitarian needs of Iraqi refugees and IDPs. SEC. 5. HUMANITARIAN ASSISTANCE FOR IRAQI REFUGEES AND IDPS. (a) In General.--With respect to each country containing a significant population of Iraqi refugees or IDPs, including Iraq, Jordan, Syria, Turkey, Iran, and Lebanon, the Secretary of State shall provide bilateral assistance to such countries, as appropriate, or funding to international aid organizations and nongovernmental organizations in accordance with subsection (b) that are working in such countries, to provide such refugees and IDPs with humanitarian assistance, including adequate food, shelter, clean drinking water, sanitation, health care, education, and security. (b) Assistance and Funding.--Assistance and funding under paragraph (1) shall be in the form of-- (1) contributions to the UNHCR that are not less than 50 percent of the amount requested by the UNHCR for 2008, 2009, 2010, and 2011 for aid to Iraqi refugees; (2) contributions to the International Federation of the Red Cross and Red Crescent and other nongovernmental organizations working in such countries to provide aid to Iraqi refugees; and (3) contributions and technical assistance to relevant ministries of the Government of Iraq, contingent on matching Government of Iraq funding of assistance programs for IDPs and Iraqi refugees in neighboring countries, together with appropriate monitoring mechanisms. (c) Special Provisions Relating to IDPs.--The Secretary of State shall make every effort to ensure that the humanitarian needs of the most vulnerable IDP populations, including women, children, and religious and other minorities, are met, including increased resources to improve the registration capabilities of nongovernmental organizations for such IDPs, adequate food, shelter, clean drinking water, sanitation, health care, education, and security . (d) Authorization of Appropriations.--There is authorized to be appropriated $700,000,000 for each of fiscal years 2008, 2009, and 2010 to carry out this section. Amounts appropriated pursuant to this authorization shall be in addition to amounts otherwise available for such purposes. SEC. 6. IMPROVED BORDER SECURITY. (a) Security Screening of Refugees.-- (1) In general.--As soon as practicable but not later than 180 days after the date of the enactment of this Act, the Secretary of the Department of Homeland Security, in cooperation with the Secretary of State, shall establish a program to assist in improving the capacity of Jordanian border police, immigration officers, and other individuals who are responsible for Jordanian border security functions in the security screening of Iraqi refugees to determine the eligibility of such refugees for acceptance in Jordan. (2) Scope of assistance.--The program described in paragraph (1) shall be extended to ports of entry at Jordanian land, sea, and air borders and may include the following subject matter areas: (A) Police and border guard training, in order to conduct threat assessments of each refugee, detect threat items and contraband in the possession or on the person of a refugee, and identify any linkages of a refugee to terrorists or terrorist organizations. (B) Travel documentation authentication, including equipment and training, in order to aid in the verification of the authenticity of passports and other travel documents presented by refugees. (C) Technology, including biometric equipment for capturing a unique biometric of each refugee to be matched with their biographic data, and the establishment of a database for such information, and remotely-piloted aircraft, cameras, and sensors for border surveillance, including the collection of intelligence to counter smuggling and other criminal activities along the borders. (D) Personnel, for the purpose of interdicting the illegal movement of people, weapons, and other contraband across the border, including an increase in the number of border police and officers providing investigative support to border security functions. (b) Authorization of Appropriations.--There are authorized to be appropriated $500,000,000 to carry out this section. SEC. 7. SPECIAL IMMIGRANT STATUS. (a) In General.--Notwithstanding any other provision of law, for purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), the Secretary of Homeland Security may provide an alien described in subsection (b) with the status of a special immigrant under section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)), if the alien-- (1) is otherwise eligible to receive an immigrant visa; and (2) is otherwise admissible to the United States for permanent residence. (b) Aliens Described.-- (1) Principal aliens.--An alien is described in this subsection if the alien-- (A) is a national of Iraq; (B) was employed by, or worked for or with, the United States Government, United States companies, or nongovernmental organizations in Iraq on or after March 19, 2003, for a period of not less than one year; and (C) fears reprisal, persecution, injury, or death to the alien or the alien's family due to the employment or work of the alien referred to in subparagraph (B). (2) Spouses and children.--An alien is described in this subsection if the alien is-- (A) the spouse or child of a principal alien described in paragraph (1); and (B) is following or accompanying to join the principal alien in the United States. (c) Benefits.--Aliens provided special immigrant status under this section shall be eligible for the same resettlement assistance, entitlement programs, and other benefits as refugees admitted under section 207 of the Immigration and Naturalization Act (8 U.S.C. 1157). (d) Protection of Aliens.--The Secretary of State, in consultation with the heads of other relevant Federal agencies, shall provide an alien described in this section who is applying for a special immigrant visa with protection or the immediate removal from Iraq if the Secretary determines that such alien fears reprisal, persecution, injury, or death to the alien or the alien's family due to the employment or work of the alien referred to in paragraph (1)(B). (e) Authorization of Appropriations.--There is authorized to be appropriated $500,000,000 for each of fiscal years 2008, 2009, and 2010 to carry out this section. Amounts appropriated pursuant to this authorization shall be in addition to amounts otherwise available for such purposes. SEC. 8. EXPEDITED PROCESSING OF IRAQI REFUGEES. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in cooperation with the Secretary of State, shall make every effort to streamline the screening and security investigations processes for assessing the eligibility of Iraqi applicants for refugee status in the United States. (b) Prioritization.--In carrying out subsection (a), the Secretary shall-- (1) give priority to Iraqis who-- (A) were employed by the United States Government, United States companies, and nongovernmental organizations; or (B) are members of particularly vulnerable refugee populations, including Iraqis from ethnically mixed families and Iraqis who are members of religious or other minority groups; and (2) increase by 100 percent the number of personnel of the Department of Homeland Security who conduct security reviews of Iraqi applicants for refugee status in the United States. (c) Numbers.--For each of fiscal years 2008, 2009, and 2010, up to 20,000 Iraqis may be accepted into the United States as refugees under this section. SEC. 9. INTERNATIONAL COOPERATION. The Secretary of State, in cooperation with the Secretary of Homeland Security, shall work with the international community, including the United Nations, the Organization for Security and Cooperation in Europe, the European Union, the Organization of American States, the Association of Southeast Asian Nations, and others to establish mechanisms to provide-- (1) financial assistance to Iraqi refugee and IDP populations through bilateral assistance to host governments or through international organizations that are working directly with such refugee and internally displaced populations; (2) technical and financial assistance to international organizations in order to process refugees; and (3) increased attention to and advocacy on behalf of Iraqi refugees and IDPs by continuing to strongly support the work of the UNHCR and its donor conferences. SEC. 10. REPORT TO CONGRESS. Not later than 180 days after the date of the enactment of this Act and every six months thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate a report regarding implementation of this Act, including-- (1) assistance and funding to host countries and international aid organizations and nongovernmental organizations pursuant to section 5, and accountability reports regarding how such funds are being expended; (2) measures taken by the United States to increase its capabilities to process Iraqi refugees for resettlement and the number of Iraqi refugees resettled under sections 7 and 8; and (3) an evaluation of the effectiveness of measures implemented by agencies of the Government of Iraq to provide direct assistance to IDPs and Iraqi refugees in neighboring countries.

Iraqi Refugee and Internally Displaced Persons Humanitarian Assistance, Resettlement, and Security Act of 2007 - Directs the Secretary of State, with respect to each country containing a significant population of Iraqi refugees or internally displaced persons including Iraq, Jordan, Syria, Turkey, Iran, and Lebanon, to provide bilateral assistance or funding to international aid organizations and nongovernmental organizations for humanitarian assistance, including adequate food, shelter, clean drinking water, sanitation, health care, education, and security. Directs the Secretary of Homeland Security to establish a program to assist Jordanian border police, immigration officers, and other individuals responsible for Jordanian border security in the security screening of Iraqi refugees. Authorizes special immigrant status for an alien (and accompanying or joining spouse and children) who: (1) is a national of Iraq; (2) was employed by, or worked for or with, the U.S. government, U.S. companies, or nongovernmental organizations in Iraq on or after March 19, 2003, for at least one year; and (3) fears reprisal, persecution, injury, or death to the alien or the alien's family due to such employment. Directs the Secretary of State to provide such alien with protection or immediate removal from Iraq. Directs the Secretary of Homeland Security to provide for expedited processing of Iraqi refugees, with priority for Iraqis who: (1) were employed by the U.S. government, U.S. companies, or nongovernmental organizations; or (2) are members of vulnerable refugee populations, including Iraqis from ethnically mixed families and Iraqis who are members of religious or other minority groups. Directs the Secretary of State to work with the international community to assist Iraqi refugees and internally displaced persons.

To address the impending humanitarian crisis and security breakdown as a result of the mass influx of Iraqi refugees into neighboring countries, and the growing internally displaced population in Iraq, by increasing directed accountable assistance to these populations and their host countries, increasing border security, and facilitating the resettlement of Iraqis at risk.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act'' or the ``PREEMIE Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Premature birth is a serious and growing problem. The rate of preterm birth increased 27 percent between 1981 and 2001 (from 9.4 percent to 11.9 percent). In 2001, more than 476,000 babies were born prematurely in the United States. (2) Preterm birth accounts for 23 percent of deaths in the first month of life. (3) Premature infants are 14 times more likely to die in the first year of life. (4) Premature babies who survive may suffer lifelong consequences, including cerebral palsy, mental retardation, chronic lung disease, and vision and hearing loss. (5) Preterm and low birthweight birth is a significant financial burden in health care. The estimated charges for hospital stays for infants with any diagnosis of prematurity/ low birthweight were $11,900,000,000 in 2000. The average lifetime medical costs of a premature baby are conservatively estimated at $500,000. (6) The proportion of preterm infants born to African- American mothers (17.3 percent) was significantly higher compared to the rate of infants born to white mothers (10.6 percent). Prematurity or low birthweight is the leading cause of death for African-American infants. (7) The cause of approximately half of all premature births is unknown. (8) Women who smoke during pregnancy are twice as likely as nonsmokers to give birth to a low birthweight baby. Babies born to smokers weigh, on average, 200 grams less than nonsmokers' babies. (9) To reduce the rates of preterm labor and delivery more research is needed on the underlying causes of preterm delivery, the development of treatments for prevention of preterm birth, and treatments improving outcomes for infants born preterm. (b) Purposes.--It the purpose of this Act to-- (1) reduce rates of preterm labor and delivery; (2) work toward an evidence-based standard of care for pregnant women at risk of preterm labor or other serious complications, and for infants born preterm and at a low birthweight; and (3) reduce infant mortality and disabilities caused by prematurity. SEC. 3. RESEARCH RELATING TO PRETERM LABOR AND DELIVERY AND THE CARE, TREATMENT, AND OUTCOMES OF PRETERM AND LOW BIRTHWEIGHT INFANTS. (a) General Expansion of NIH Research.--Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409J. EXPANSION AND COORDINATION OF RESEARCH RELATING TO PRETERM LABOR AND DELIVERY AND INFANT MORTALITY. ``(a) In General.--The Director of NIH shall expand, intensify, and coordinate the activities of the National Institutes of Health with respect to research on the causes of preterm labor and delivery, infant mortality, and improving the care and treatment of preterm and low birthweight infants. ``(b) Authorization of Research Networks.--There shall be established within the National Institutes of Health a Maternal-Fetal Medicine Units Network and a Neonatal Research Units Network. In complying with this subsection, the Director of NIH shall utilize existing networks. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2004 through 2008.''. (b) General Expansion of CDC Research.--Section 301 of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``(e) The Director of the Centers for Disease Control and Prevention shall expand, intensify, and coordinate the activities of the Centers for Disease Control and Prevention with respect to preterm labor and delivery and infant mortality.''. (c) Study on Assisted Reproduction Technologies.--Section 1004(c) of the Children's Health Act of 2000 (Public Law 106-310) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(4) consider the impact of assisted reproduction technologies on the mother's and children's health and development.''. (d) Study on Relationship Between Prematurity and Birth Defects.-- (1) In general.--The Director of the Centers for Disease Control and Prevention shall conduct a study on the relationship between prematurity, birth defects, and developmental disabilities. (2) Report.--Not later than 2 year after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention shall submit to the appropriate committees of Congress a report concerning the results of the study conducted under paragraph (1). (e) Review of Pregnancy Risk Assessment Monitoring Survey.--The Director of the Centers for Disease Control and Prevention shall conduct a review of the Pregnancy Risk Assessment Monitoring Survey to ensure that the Survey includes information relative to medical care and intervention received, in order to track pregnancy outcomes and reduce instances of preterm birth. (f) Study on the Health and Economic Consequences of Preterm Birth.-- (1) In general.--The Director of the National Institutes of Health in conjunction with the Director of the Centers for Disease Control and Prevention shall enter into a contract with the Institute of Medicine of the National Academy of Sciences for the conduct of a study to define and address the health and economic consequences of preterm birth. In conducting the study, the Institute of Medicine shall-- (A) review and assess the epidemiology of premature birth and low birthweight, and the associated maternal and child health effects in the United States, with attention paid to categories of gestational age, plurality, maternal age, and racial or ethnic disparities; (B) review and describe the spectrum of short and long-term disability and health-related quality of life associated with premature births and the impact on maternal health, health care and quality of life, family employment, caregiver issues, and other social and financial burdens; (C) assess the direct and indirect costs associated with premature birth, including morbidity, disability, and mortality; (D) identify gaps and provide recommendations for feasible systems of monitoring and assessing associated economic and quality of life burdens associated with prematurity; (E) explore the implications of the burden of premature births for national health policy; (F) identify community outreach models that are effective in decreasing prematurity rates in communities; (G) consider options for addressing, as appropriate, the allocation of public funds to biomedical and behavioral research, the costs and benefits of preventive interventions, public health, and access to health care; and (H) provide recommendations on best practices and interventions to prevent premature birth, as well as the most promising areas of research to further prevention efforts. (2) Report.--Not later than 1 year after the date on which the contract is entered into under paragraph (1), the Institute of Medicine shall submit to the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, and the appropriate committees of Congress a report concerning the results of the study conducted under such paragraph. (g) Evaluation of National Core Performance Measures.-- (1) In general.--The Administrator of the Health Resources and Services Administration shall conduct an assessment of the current national core performance measures and national core outcome measures utilized under the Maternal and Child Health Block Grant under title V of the Social Security Act (42 U.S.C. 701 et seq.) for purposes of expanding such measures to include some of the known risk factors of low birthweight and prematurity, including the percentage of infants born to pregnant women who smoked during pregnancy. (2) Report.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Health Resources and Services Administration shall submit to the appropriate committees of Congress a report concerning the results of the evaluation conducted under paragraph (1). SEC. 4. PUBLIC AND HEALTH CARE PROVIDER EDUCATION AND SUPPORT SERVICES. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399O. PUBLIC AND HEALTH CARE PROVIDER EDUCATION AND SUPPORT SERVICES. ``(a) In General.--The Secretary, directly or through the awarding of grants to public or private nonprofit entities, shall conduct a demonstration project to improve the provision of information on prematurity to health professionals and other health care providers and the public. ``(b) Activities.--Activities to be carried out under the demonstration project under subsection (a) shall include the establishment of programs-- ``(1) to provide information and education to health professionals, other health care providers, and the public concerning-- ``(A) the signs of preterm labor, updated as new research results become available; ``(B) the screening for and the treating of infections; ``(C) counseling on optimal weight and good nutrition, including folic acid; ``(D) smoking cessation education and counseling; and ``(E) stress management; and ``(2) to improve the treatment and outcomes for babies born premature, including the use of evidence-based standards of care by health care professionals for pregnant women at risk of preterm labor or other serious complications and for infants born preterm and at a low birthweight. ``(c) Requirement.--Any program or activity funded under this section shall be evidence-based. ``(d) NICU Family Support Programs.--The Secretary shall conduct, through the awarding of grants to public and nonprofit private entities, projects to respond to the emotional and informational needs of families during the stay of an infant in a neonatal intensive care unit, during the transition of the infant to the home, and in the event of a newborn death. Activities under such projects may include providing books and videos to families that provide information about the neonatal intensive care unit experience, and providing direct services that provide emotional support within the neonatal intensive care unit setting. ``(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2004 through 2008.''. SEC. 5. INTERAGENCY COORDINATING COUNCIL ON PREMATURITY AND LOW BIRTHWEIGHT. (a) Purpose.--It is the purpose of this section to stimulate multidisciplinary research, scientific exchange, and collaboration among the agencies of the Department of Health and Human Services and to assist the Department in targeting efforts to achieve the greatest advances toward the goal of reducing prematurity and low birthweight. (b) Establishment.--The Secretary of Health and Human Services shall establish an Interagency Coordinating Council on Prematurity and Low Birthweight (referred to in this section as the Council) to carry out the purpose of this section. (c) Composition.--The Council shall be composed of members to be appointed by the Secretary, including representatives of-- (1) the agencies of the Department of Health and Human Services; and (2) voluntary health care organizations, including grassroots advocacy organizations, providers of specialty obstetrical and pediatric care, and researcher organizations. (d) Activities.--The Council shall-- (1) annually report to the Secretary of Health and Human Services on current Departmental activities relating to prematurity and low birthweight; (2) plan and hold a conference on prematurity and low birthweight under the sponsorship of the Surgeon General; (3) establish a consensus research plan for the Department of Health and Human Services on prematurity and low birthweight; (4) report to the Secretary of Health and Human Services and the appropriate committees of Congress on recommendations derived from the conference held under paragraph (2) and on the status of Departmental research activities concerning prematurity and low birthweight; (5) carry out other activities determined appropriate by the Secretary of Health and Human Services; and (6) oversee the coordination of the implementation of this Act. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, such sums as may be necessary for each of fiscal years 2004 through 2008.

Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act or the PREEMIE Act - Amends the Public Health Service Act to require both the National Institutes of Health (NIH) and the Centers for Disease Control (CDC) to expand and coordinate research relating to preterm labor and delivery and infant mortality. Establishes within NIH two networks: a Maternal-Fetal Medicine Units Network and a Neonatal Research Unit Network. Requires the Director of the CDC to study and report on the relationship between prematurity, birth defects, and developmental disabilities as well as review the Pregnancy Risk Assessment Monitoring Survey. Requires the Director of NIH to contract with the Institute of Medicine of the National Academy of Sciences for a study on the health and economic consequences of preterm birth. Directs the Administrator of the Health Resources and Services Administration to assess the current national core performance and outcome measures under the Maternal and Child Health Block Grant with the goal of expanding them to include known risk factors of low birthweight and prematurity such as smoking by pregnant women. Requires the Secretary of Health and Human Services to make grants for a demonstration project to improve the provision of information on prematurity to health professionals and other health care providers and the public. Funds grants for projects to support the informational and emotional needs of families during the stay of an infant in a neonatal intensive care unit (nicu). Establishes an Interagency Coordinating Council on Prematurity and Low Birthweight.

A bill to reduce the preterm labor and delivery and the risk of pregnancy-related deaths and complications due to pregnancy, and to reduce infant mortality caused by prematurity.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Idaho Panhandle National Forest Improvement Act of 2003''. SEC. 2. CONVEYANCE ADMINISTRATIVE SITES, NATIONAL FOREST SYSTEM LAND, IDAHO. (a) Conveyance Authorized.-- (1) Authority.--The Secretary of Agriculture may convey any or all right, title, and interest of the United States in and to the parcels of National Forest System land, including any improvements thereon, described in paragraph (2). (2) Parcels authorized for conveyance.--The following parcels of National Forest System land are authorized to be conveyed under this section: (A) Granite/Reeder Bay, Priest Lake parcel, consisting of approximately 80 acres, and described as the S.\1/2\ NE.\1/4\ of section 17, township 61 north, range 4 east, Boise meridian. (B) North South Ski area, consisting of approximately 50 acres, and described as the SE.\1/4\ SE.\1/4\ SW.\1/4\, S.\1/2\ SW.\1/4\ SE.\1/4\, NE.\1/4\ SW.\1/4\ SE.\1/4\, and SW.\1/4\ SE.\1/4\ SE.\1/4\ of section 13, township 43 north, range 3 west, Boise meridian. (C) Shoshone work camp (including easements for utilities), consisting of a portion of S.\1/2\ SE.\1/4\ of section 5, township 50 north, range 4 east, Boise meridian. (3) Modification of descriptions.--The Secretary may modify the descriptions in paragraph (2) to correct errors in the descriptions or to reconfigure the parcels to facilitate their conveyance under this section. (b) Consideration.-- (1) Market value required.--As consideration for the conveyance of a parcel of National Forest System land under this section, the recipient of the parcel shall pay to the Secretary an amount equal to the market value of the parcel, as determined under subsection (c). At the election of the Secretary, the consideration may be in the form of cash or other consideration, including the acquisition by the Secretary of improved or unimproved property or property with improvements constructed to the specifications of the Secretary. (2) Valuation.--The value of a parcel to be conveyed under this section, and the value of any property or improvements to be received in exchange for the parcel, shall be determined by an appraisal that-- (A) is acceptable to the Secretary; and (B) conforms with the Uniform Appraisal Standards for Federal Land Acquisitions. (3) Equalization of values.--Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a cash equalization payment in excess of 25 percent of the value of a parcel conveyed under this section. (c) Conveyance Process.-- (1) Solicitations of offers.--The Secretary may solicit offers for the conveyance of property under this section on such terms and conditions as the Secretary may prescribe. The Secretary may reject any offer made under this section if the Secretary determines that the offer is not adequate or not in the public interest. (2) Methods of conveyance.--The Secretary may convey property under this section at public or private sale, including at auction, or by exchange, in accordance with such terms, conditions, and procedures as the Secretary determines to be in the best interests of the United States. (3) Applicable law.--Except as otherwise provided in this section, the conveyance of National Forest System land under this section shall be subject to the laws applicable to the conveyance and acquisition of land for the National Forest System. The Agriculture Property Management Regulations shall not apply to the conveyance of National Forest System land under this section or any other action taken under this section. (d) Deposit and Use of Proceeds.-- (1) Deposit.--The Secretary shall deposit the proceeds derived from the conveyence of property under this section in the fund established by Public Law 90-171 (commonly known as the ``Sisk Act''; 16 U.S.C. 484a). (2) Use.--Amounts deposited under this subsection shall be available to the Secretary, without further appropriation and until expended-- (A) for the acquisition of, construction of, or rehabilitation of existing facilities for, a new ranger station in the Silver Valley portion of the Panhandle National Forest in the State of Idaho; and (B) to the extent that the amount of funds deposited exceeds the amount needed for the purpose described in subparagraph (A), for the acquisition, construction, or rehabilitation of other facilities in the Panhandle National Forest. (3) Limitations.--Funds deposited under this subsection shall not-- (A) be paid or distributed to States or counties under any provision of law; or (B) be considered to be moneys received from units of the National Forest System for purposes of-- (i) the sixth paragraph under the heading ``Forest Service'' in the Act of May 23, 1908 (16 U.S.C. 500); (ii) section 13 of the Act of March 1, 1911 (commonly known as the ``Weeks Law''; 16 U.S.C. 500); or (iii) the fourteenth paragraph under the heading ``Forest Service'' in the Act of March 4, 1913 (16 U.S.C. 501). (4) New administrative facilities authorized.--The Secretary may acquire, construct, or rehabilitate the ranger station described in paragraph (2)(A), and acquire associated land, using amounts deposited under this subsection and, to the extent such amounts are insufficient for such purpose, other funds appropriated or otherwise made available for such purpose. (e) Management of Acquired Law.--Subject to valid existing rights, the Secretary shall manage any land acquired under this section in accordance with the Act of March 1, 1911 (commonly known as the ``Weeks Act''; 16 U.S.C. 480 et seq.) and other laws relating to the National Forest System. (f) Withdrawals and Revocations.-- (1) Public land orders.--Effective on the date of the enactment of this Act, any public land order withdrawing the property authorized for conveyance under this section from appropriation under the public land laws is revoked with respect to the property. (2) Withdrawal.--Subject to valid existing rights, the property authorized for conveyance under this section is withdrawn from location, entry, and patent under the mining laws of the United States.

Idaho Panhandle National Forest Improvement Act of 2003 - Authorizes the Secretary of Agriculture to convey certain National Forest System parcels in Idaho, and use the proceeds for acquisition, construction, or rehabilitation of: (1) a new ranger station in the Silver Valley portion of the Panhandle National Forest; or (2) other facilities in such Forest.

To authorize the Secretary of Agriculture to convey certain parcels of National Forest System land in the State of Idaho, to use the proceeds for the acquisition, construction, or rehabilitation of facilities in the Panhandle National Forest in the State of Idaho, and for other purposes.

TITLE I--CONSTRUCTION AUTHORIZATION SEC. 101. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS. (a) Authorized Projects.--The Secretary of Veterans Affairs may carry out the following major medical facility projects, with each project to be carried out in the amount specified for that project: (1) Construction of an outpatient clinic in Brevard County, Florida, in the amount of $25,000,000. (2) Construction of an outpatient clinic at Travis Air Force Base in Fairfield, California, in the amount of $25,000,000. (3) Renovation of nursing home facilities at the Department of Veterans Affairs medical center in Lebanon, Pennsylvania, in the amount of $9,000,000. (4) Environmental improvements at the Department of Veterans Affairs medical center in Marion, Illinois, in the amount of $11,500,000. (5) Replacement of psychiatric beds at the Department of Veterans Affairs medical center in Marion, Indiana, in the amount of $17,300,000. (6) Renovation of psychiatric wards at the Department of Veterans Affairs medical center in Perry Point, Maryland, in the amount of $15,100,000. (7) Environmental enhancement at the Department of Veterans Affairs medical center in Salisbury, North Carolina, in the amount of $17,200,000. (8) Construction of an ambulatory care addition at the Department of Veterans Affairs medical center in Asheville, North Carolina, in the amount of $28,500,000. (9) Construction of an ambulatory care addition at the Department of Veterans Affairs medical center in Temple, Texas, in the amount of $9,800,000. (10) Construction of an ambulatory care addition at the Department of Veterans Affairs medical center in Tucson, Arizona, in the amount of $35,500,000. (11) Seismic corrections at the Department of Veterans Affairs medical center in Palo Alto, California, in the amount of $36,800,000. (12) Seismic corrections at the Department of Veterans Affairs medical center in Long Beach, California, in the amount of $20,200,000. (b) Limitation Concerning Outpatient Clinic Projects.--In the case of either of the projects for a new outpatient clinic authorized in paragraphs (1) and (2) of subsection (a)-- (1) the Secretary of Veterans Affairs may not obligate any funds for that project until the Secretary determines, and certifies to the Committees on Veterans' Affairs of the Senate and House of Representatives, the amount required for the project; and (2) the amount obligated for the project may not exceed the amount certified under paragraph (1) with respect to that project. SEC. 102. AUTHORIZATION OF MAJOR MEDICAL FACILITY LEASES. The Secretary of Veterans Affairs may enter into leases for medical facilities as follows: (1) Lease of a satellite outpatient clinic in Fort Myers, Florida, in the amount of $1,736,000. (2) Lease of a National Footwear Center in New York, New York, in the amount of $1,054,000. SEC. 103. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 1996-- (1) for the Construction, Major Projects, account, $250,900,000 for the projects authorized in section 101; (2) for the Construction, Major Projects, account $28,000,000, for construction of an ambulatory care addition at the Department of Veterans Affairs medical center in Boston, Massachusetts, as authorized by section 201(b)(1)(A) of the Veterans Health Programs Extension Act of 1994 (Public Law 103-452; 108 Stat. 4787); and (3) for the Medical Care account, $2,790,000 for the leases authorized in section 102. (b) Limitation.--The projects authorized in section 101, and the project referred to in subsection (a)(2), may only be carried out using-- (1) funds appropriated for fiscal year 1996 pursuant to the authorization of appropriations in subsection (a); (2) funds appropriated for Construction, Major Projects for a fiscal year before fiscal year 1996 that remain available for obligation; and (3) funds appropriated for Construction, Major Projects for fiscal year 1996 for a category of activity not specific to a project. SEC. 104. REPORT ON HEALTH CARE NEEDS OF VETERANS IN EAST CENTRAL FLORIDA. (a) Report Required.--Not later than March 1, 1996, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the health care needs of veterans in east central Florida. In preparing the report, the Secretary shall consider the needs of such veterans for psychiatric and long-term care. The Secretary shall include in the report the Secretary's views, based on the Secretary's determination of such needs, as to the best means of meeting such needs using the amounts appropriated pursuant to the authorization of appropriations in this Act and Public Law 103-452 for projects to meet the health care needs of such veterans. The Secretary may, subject to the availability of appropriations for such purpose, use an independent contractor to assist in the determination of such health care needs. (b) Limitation.--The Secretary may not obligate any funds, other than for design work, for the conversion of the former Orlando Naval Training Center Hospital in Orlando, Florida (now under the jurisdiction of the Secretary of Veterans Affairs), to a nursing home care unit until 15 days after the date on which the report required by subsection (a) is submitted. TITLE II--STRATEGIC PLANNING FOR HEALTH CARE RESOURCES SEC. 201. STRATEGIC PLANNING. Section 8107 of title 38, United States Code, is amended-- (1) by redesignating subsection (b) as subsection (c); (2) by striking out subsection (a) and inserting in lieu thereof the following new subsections: ``(a) In order to promote effective planning for the efficient provision of care to eligible veterans, the Secretary, based on the analysis and recommendations of the Under Secretary for Health, shall submit to each committee, not later than January 31 of each year, a report regarding long-range health planning of the Department. ``(b) Each report under subsection (a) shall include the following: ``(1) A five-year strategic plan for the provision of care under chapter 17 of this title to eligible veterans through coordinated networks of medical facilities operating within prescribed geographic service-delivery areas, such plan to include provision of services for the specialized treatment and rehabilitative needs of disabled veterans (including veterans with spinal cord dysfunction, blindness, amputations, and mental illness) through distinct programs or facilities of the Department dedicated to the specialized needs of those veterans. ``(2) A description of how planning for the networks will be coordinated. ``(3) A profile regarding each such network of medical facilities which identifies-- ``(A) the mission of each existing or proposed medical facility in the network; ``(B) any planned change in the mission for any such facility and the rationale for such planned change; ``(C) the population of veterans to be served by the network and anticipated changes over a five-year period and a ten-year period, respectively, in that population and in the health-care needs of that population; ``(D) information relevant to assessing progress toward the goal of achieving relative equivalency in the level of resources per patient distributed to each network, such information to include the plans for and progress toward lowering the cost of care-delivery in the network (by means such as changes in the mix in the network of physicians, nurses, physician assistants, and advance practice nurses); ``(E) the capacity of non-Federal facilities in the network to provide acute, long-term, and specialized treatment and rehabilitative services (described in section 7305 of this title), and determinations regarding the extent to which services to be provided in each service-delivery area and each facility in such area should be provided directly through facilities of the Department or through contract or other arrangements, including arrangements authorized under sections 8111 and 8153 of this title; and ``(F) a five-year plan for construction, replacement, or alteration projects in support of the approved mission of each facility in the network and a description of how those projects will improve access to care, or quality of care, for patients served in the network. ``(4) A status report for each facility on progress toward-- ``(A) instituting planned mission changes identified under paragraph (3)(B); ``(B) implementing principles of managed care of eligible veterans; and ``(C) developing and instituting cost-effective alternatives to provision of institutional care.''; and (3) by adding at the end the following new subsection: ``(d)(1) The Secretary shall submit to each committee, not later than January 31 of each year, a report showing the current priorities of the Department for proposed major medical construction projects. Each such report shall identify the 20 projects, from within all the projects in the Department's inventory of proposed projects, that have the highest priority and, for those 20 projects, the relative priority and rank scoring of each such project. The 20 projects shall be compiled, and their relative rankings shall be shown, by category of project (including the categories of ambulatory care projects, nursing home care projects, and such other categories as the Secretary determines). ``(2) The Secretary shall include in each report, for each project listed, a description of the specific factors that account for the relative ranking of that project in relation to other projects within the same category. ``(3) In a case in which the relative ranking of a proposed project has changed since the last report under this subsection was submitted, the Secretary shall also include in the report a description of the reasons for the change in the ranking, including an explanation of any change in the scoring of the project under the Department's scoring system for proposed major medical construction projects.''. SEC. 202. REVISION TO PROSPECTUS REQUIREMENTS. (a) Additional Information.--Section 8104(b) of title 38, United States Code, is amended-- (1) by striking out ``shall include--'' and inserting in lieu thereof ``shall include the following:''; (2) in paragraph (1)-- (A) by striking out ``a detailed'' and inserting in lieu thereof ``A detailed''; and (B) by striking out the semicolon at the end and inserting in lieu thereof a period; (3) in paragraph (2)-- (A) by striking out ``an estimate'' and inserting in lieu thereof ``An estimate''; and (B) by striking out ``; and'' and inserting in lieu thereof a period; (4) in paragraph (3), by striking out ``an estimate'' and inserting in lieu thereof ``An estimate''; and (5) by adding at the end the following new paragraphs: ``(4) Demographic data applicable to the project, including information on projected changes in the population of veterans to be served by the project over a five-year period and a ten- year period. ``(5) Current and projected workload and utilization data. ``(6) Current and projected operating costs of the facility, to include both recurring and non-recurring costs. ``(7) The priority score assigned to the project under the Department's prioritization methodology and, if the project is being proposed for funding ahead of a project with a higher score, a specific explanation of the factors other than the priority that were considered and the basis on which the project is proposed for funding ahead of projects with higher priority scores. ``(8) A listing of each alternative to construction of the facility that has been considered.''. (b) Applicability.--The amendments made by subsection (a) shall apply with respect to any prospectus submitted by the Secretary of Veterans Affairs after the date of the enactment of this Act. SEC. 203. CONSTRUCTION AUTHORIZATION REQUIREMENTS. (a) Definition of Major Medical Facility Project.--Paragraph (3)(A) of section 8104(a) of title 38, United States Code, is amended by inserting before the period at the end the following: ``, and, in the case of a project which is principally for the alteration of a medical facility to provide additional space for provision of ambulatory care, such term means a project involving a total expenditure of more than $5,000,000''. (b) Applicability of Construction Authorization Requirement.--(1) Subsection (b) of section 301 of the Veterans' Medical Programs Amendments of 1992 (Public Law 102-405; 106 Stat. 1984) is repealed. (2) The amendments made by subsection (a) of such section shall apply with respect to any major medical facility project or any major medical facility lease of the Department of Veterans Affairs, regardless of when funds are first appropriated for that project or lease, except that in the case of a project for which funds were first appropriated before October 9, 1992, such amendments shall not apply with respect to amounts appropriated for that project for a fiscal year before fiscal year 1997. (c) Limitation on Obligations for Advance Planning.--Section 8104 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(f) The Secretary may not obligate funds in an amount in excess of $500,000 from the Advance Planning Fund of the Department toward design or development of a major medical facility project until-- ``(1) the Secretary submits to the committees a report on the proposed obligation; and ``(2) a period of 30 days has passed after the date on which the report is received by the committees.''. SEC. 204. TERMINOLOGY CHANGES. (a) Definition of ``Construct''.--Section 8101(2) of title 38, United States Code, is amended-- (1) by striking out ``working drawings'' and inserting in lieu thereof ``construction documents''; and (2) by striking out ``preliminary plans'' and inserting in lieu thereof ``design development''. (b) Parking Facilities.--Section 8109(h)(3)(B) of such title is amended by striking out ``working drawings'' and inserting in lieu thereof ``construction documents''. SEC. 205. VETERANS HEALTH ADMINISTRATION HEADQUARTERS. (a) Repeal of Statutory Specification of Organizational Services.-- The text of section 7305 of title 38, United States Code, is amended to read as follows: ``(a) The Veterans Health Administration shall include the Office of the Under Secretary for Health and such professional and auxiliary services as the Secretary may find to be necessary to carry out the functions of the Administration. ``(b) In organizing, and appointing persons to positions in, the Office, the Under Secretary shall ensure that the Office is staffed so as to provide the Under Secretary with appropriate expertise, including expertise in-- ``(1) unique programs operated by the Administration to provide for the specialized treatment and rehabilitation of disabled veterans (including blind rehabilitation, spinal cord dysfunction, mental illness, and geriatrics and long-term care); and ``(2) appropriate clinical care disciplines.''. (b) Office of the Under Secretary.--Section 7306 of such title is amended-- (1) in subsection (a)-- (A) by striking out ``and who shall be a qualified doctor of medicine'' in paragraph (2); (B) by striking out paragraphs (5), (6), and (7); and (C) by redesignating the succeeding two paragraphs as paragraphs (5) and (6), respectively; and (2) in subsection (b)-- (A) by striking out ``subsection (a)(3)'' and all that follows through ``two may be'' and inserting in lieu thereof ``subsection (a)(3), not more than two may be''; (B) by striking out the semicolon after ``dental medicines'' and inserting in lieu thereof a period; and (C) by striking out paragraphs (2) and (3). HR 2814----2

TABLE OF CONTENTS: Title I: Construction Authorization Title II: Strategic Planning for Health Care Resources Title I: Construction Authorization - Authorizes the Secretary of Veterans Affairs to carry out specified major medical facility projects, in specified amounts, in Florida, California, Pennsylvania, Illinois, Indiana, Maryland, North Carolina, Texas, and Arizona. Provides an obligation limitation with respect to two outpatient clinic projects. (Sec. 102) Authorizes the Secretary to enter into leases for two medical facilities in Florida and New York, in specified amounts. (Sec. 103) Authorizes appropriations to the Secretary for FY 1996 for two Construction, Major Projects, accounts and for the Medical Care account, in specified amounts, with a limitation. (Sec. 104) Directs the Secretary to report to the Senate and House Veterans' Affairs Committees (veterans' committees) on the health care needs of veterans in east central Florida. Prohibits the obligation of funds for the conversion of the former Orlando Naval Training Center Hospital in Orlando, Florida, until such report is submitted. Title II: Strategic Planning for Health Care Resources - Directs the Secretary, based on an analysis and recommendations of the Under Secretary for Health, to submit to the veterans' committees an annual report regarding long-range health planning of the Department of Veterans Affairs. Directs the Secretary to report annually to such committees showing the current Department priorities (listing the top 20) for proposed major medical construction projects. (Sec. 202) Specifies additional information required to be included in a prospectus submitted by the Secretary to the veterans' committees in connection with proposed medical facilities. (Sec. 203) States that the definition of "major medical facility project" shall include a project involving a total expenditure of more than $5 million in the case of a project which is principally for the alteration of a medical facility in order to provide additional space for the provision of ambulatory care. Repeals a provision of the Veterans' Medical Programs Amendments of 1992 which makes inapplicable to projects for which funds were appropriated prior to the enactment of such Act a prohibition on the appropriation, obligation, or expenditure of funds for any major medical facility project unless funds for such project have been specifically authorized by law. Prohibits the Secretary from obligating funds in excess of $500,000 from the Advance Planning Fund of the Department toward design or development of a major medical facility project until the Secretary submits a report to the veterans' committees on the proposed obligation and 30 days have passed since the receipt of such report. (Sec. 205) Requires the Veterans Health Administration (VHA) to include such professional and auxiliary services as the Secretary finds necessary to carry out VHA functions. Requires the Under Secretary for Health to ensure that his office is staffed so as to provide appropriate expertise. Amends Federal provisions concerning the Office of the Under Secretary to: (1) repeal the requirement that the Associate Deputy Under Secretary for Health be a qualified doctor of medicine; (2) no longer require such Office to include a Director of Nursing Service, Pharmacy Service, Dietetic Service, Podiatric Service, and Optometric Service; and (3) no longer require one Assistant Under Secretary for Health to be a qualified doctor of dental surgery or dental medicine and another to be a qualified physician trained in geriatrics.

To authorize major medical facility projects and major medical facility leases for the Department of Veterans Affairs for fiscal year 1996, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Fund Integrity Act of 2016''. SEC. 2. EXECUTIVE SALARIES. (a) Amendments to Internal Revenue Code of 1986.-- (1) In general.--Subparagraph (C) of section 432(e)(9) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: ``(iii) In the case of a systemically important plan (as defined in subparagraph (H)(v)(III)), effective on the date the benefit suspension goes into effect, the annual compensation of each employee of the plan is reduced to the lesser of-- ``(I) the annual compensation of the employee for the plan year in which the benefit suspension is approved under subparagraph (G) (determined as of the date of such approval), reduced by the reduction percentage of so much of such annual compensation as exceeds $100,000, or ``(II) the average annual compensation of the employee for the 3 plan years immediately preceding the year in which the benefit suspension is approved under subparagraph (G), reduced by the reduction percentage of so much of such average annual compensation as exceeds $100,000, and will not be increased (including by means of a bonus, performance-based compensation, or otherwise) as long as the benefit suspension remains in effect. For purposes of the preceding sentence, the term `reduction percentage' means the percentage determined by the Secretary and provided to the plan which is equal to the average percentage reduction in benefits applicable to the 50 participants and beneficiaries who receive the greatest reduction in benefits under the plan as a result of the suspension.''. (2) Tax on prohibited transactions.-- (A) In general.--Paragraph (1) of section 4975(c) of such Code is amended-- (i) by striking ``or'' at the end of subparagraph (E), (ii) by striking the period at the end of subparagraph (F) and inserting ``; or'', and (iii) by adding at the end the following new subparagraph: ``(G) notwithstanding subsection (d)(2), payment by a systemically important plan (as defined in section 432(e)(9)(H)(v)(III)) of-- ``(i) any compensation (including a bonus or performance-based compensation) in excess of the amount determined under section 432(e)(9)(C)(iii) to any employee of the plan with respect to which a benefit suspension is in effect under section 432(e)(9), or ``(ii) in the case of any nonemployee who was an employee of the plan during any of the 3 plan years immediately preceding the year in which the benefit suspension is approved under section 432(e)(9)(G), any compensation to such individual (as an independent contractor or otherwise and including any bonus or performance-based compensation) in excess of the amount that would be determined under section 432(e)(9)(C)(iii) if the individual were an employee at the time of payment of such compensation.''. (B) Liability for tax.--Subsection (a) of section 4975 of such Code is amended by inserting before the period the following: ``, except that any tax imposed by this subsection by reason of subsection (c)(1)(G) shall be paid by the plan sponsor''. (C) Liability for additional taxes.--Subsection (b) of section 4975 of such Code is amended by inserting before the period the following: ``, except that any tax imposed by this subsection by reason of subsection (c)(1)(G) shall be paid by the plan sponsor''. (D) Clerical amendments.--The headings of subsections (a) and (b) of section 4975 of such Code are each amended by striking ``on Disqualified Person''. (b) Amendments to Employee Retirement Income Security Act of 1974.-- (1) In general.--Subparagraph (C) of section 305(e)(9) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1085(e)(9)(C)) is amended by adding at the end the following new clause: ``(iii) In the case of a systemically important plan (as defined in subparagraph (H)(v)(III)), effective on the date the benefit suspension goes into effect, the annual compensation of each employee of the plan is reduced to the lesser of-- ``(I) the annual compensation of the employee for the plan year in which the benefit suspension is approved under subparagraph (G) (determined as of the date of such approval), reduced by the reduction percentage of so much of such annual compensation as exceeds $100,000, or ``(II) the average annual compensation of the employee for the 3 plan years immediately preceding the year in which the benefit suspension is approved under subparagraph (G), reduced by the reduction percentage of so much of such average annual compensation as exceeds $100,000, and will not be increased (including by means of a bonus, performance-based compensation, or otherwise) as long as the benefit suspension remains in effect. For purposes of the preceding sentence, the term `reduction percentage' means the percentage determined by the Secretary of the Treasury and provided to the plan which is equal to the average percentage reduction in benefits applicable to the 50 participants and beneficiaries who receive the greatest reduction in benefits under the plan as a result of the suspension.''. (2) Prohibited transactions.--Paragraph (1) of section 406(a) of such Act (29 U.S.C. 1106(a)(1)) is amended-- (A) by striking ``or'' at the end of subparagraph (D), (B) by striking the period at the end of subparagraph (E) and inserting ``; or'', and (C) by adding at the end the following new subparagraph: ``(F) notwithstanding section 408(b)(2), payment by a systemically important plan (as defined in section 305(e)(9)(H)(v)(III)) of-- ``(i) any compensation (including a bonus or performance-based compensation) in excess of the amount determined under section 305(e)(9)(C)(iii) to any employee of the plan with respect to which a benefit suspension is in effect under section 305(e)(9), or ``(ii) in the case of any nonemployee who was an employee of the plan during any of the 3 plan years immediately preceding the year in which the benefit suspension is approved under section 305(e)(9)(G), any compensation to such individual (as an independent contractor or otherwise and including any bonus or performance-based compensation) in excess of the amount that would be determined under section 305(e)(9)(C)(iii) if the individual were an employee at the time of payment of such compensation.''. (c) Effective Dates.-- (1) In general.--The amendments made by subsections (a)(1) and (b)(1) shall apply to suspensions of benefits under section 432(e)(9)(G) of the Internal Revenue Code of 1986 and section 305(e)(9)(G) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1085(e)(9)(G)) which take effect after the date of the enactment of this Act. (2) Prohibited transactions.--The amendments made by subsections (a)(2), (b)(2), and (b)(3) shall apply to any transaction made after the date of the enactment of this Act. SEC. 3. PROHIBITION OF LOBBYING EXPENSES. (a) Amendments to Internal Revenue Code of 1986.-- (1) In general.--Paragraph (1) of section 4975(c) of the Internal Revenue Code of 1986, as amended by section 1(a), is amended-- (A) by striking ``or'' at the end of subparagraph (F), (B) by striking the period at the end of subparagraph (G) and inserting ``; or'', and (C) by adding at the end the following new subparagraph: ``(H) payment by the plan of any amount for the engagement of any person other than an employee of the plan in connection with any activity described in section 162(e)(1) during any period in which the plan is in endangered status under section 432(b)(1), in critical status under section 432(b)(2), or in critical and declining status under section 432(b)(6).''. (2) Liability of plan sponsor.--Subsections (a) and (b) of section 4975 of such Code, as amended by section 1(a), are each amended by striking ``subsection (c)(1)(G)'' and inserting ``subparagraph (G) or (H) of subsection (c)(1)''. (b) Amendments to Employee Retirement Income Security Act of 1974.-- (1) In general.--Paragraph (1) of section 406(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1106(a)(1)), as amended by section 1(b), is amended-- (A) by striking ``or'' at the end of subparagraph (E), (B) by striking the period at the end of subparagraph (F) and inserting ``; or'', and (C) by adding at the end the following new subparagraph: ``(G) payment by the plan of any amount for the engagement of any person other than an employee of the plan in connection with any activity described in section 162(e)(1) of the Internal Revenue Code of 1986 during any period in which the plan is in endangered status under section 305(b)(1), in critical status under section 305(b)(2), or in critical and declining status under section 305(b)(6).''. (2) Liability of plan sponsor.--Subsection (c) of section 409 of such Act (29 U.S.C. 1109(c)), as added by section 1(b), is amended by striking ``4975(c)(1)(G)'' and inserting ``subparagraph (G) or (H) of section 4975(c)(1)''. (c) Effective Date.--The amendments made by this section shall apply to transactions made after the date of the enactment of this Act.

Pension Fund Integrity Act of 2016 This bill amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to require salary reductions for certain employees of systemically important multiemployer pension plans that are in critical or declining status and that reduce participant benefits. When a benefit suspension is in effect, any compensation paid to employees of a plan that exceeds the amounts specified in this bill is a prohibited transaction that is subject to a tax to be paid by the plan sponsor. If a plan is in endangered, critical, or critical and declining status, payments for lobbying and political expenses for any person other than an employee of the plan are prohibited transactions and subject to a tax to be paid by the plan sponsor.

Pension Fund Integrity Act of 2016